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This is a Bill, not an Act. For current law, see the Acts databases.
NATIONAL GAMBLING REFORM BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
National Gambling Reform Bill 2012
No. , 2012
(Families, Housing, Community Services and Indigenous Affairs)
A Bill for an Act to provide for national gambling
reform in relation to gaming machines, and for
related purposes
i National Gambling Reform Bill 2012 No. , 2012
Contents
Chapter 1--Preliminary
1
Part 1--Preliminary
1
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
2
3
Guide to this Act ................................................................................ 2
4
Object of this Act ............................................................................... 4
5 Definitions
.........................................................................................
4
6 Meaning
of
gaming machine ........................................................... 13
7
References to premises .................................................................... 14
8
Persons who engage in conduct alone or together with others ........ 14
9 Meaning
of
small gaming machine premises ................................... 14
10
Act binds the Crown ........................................................................ 14
11 Concurrent
operation
with
State and Territory laws ........................ 15
12 Constitutional
limitations ................................................................. 15
Part 2--Application of this Act
16
13 Application
of
precommitment system and dynamic warning
requirements .................................................................................... 16
14
Application of automatic teller machine requirements .................... 17
15 Application
of
manufacturing and importing requirements ............. 17
16 Application
of
supervisory levy ....................................................... 17
17
Application of gaming machine regulation levy .............................. 18
18 Performance
of
functions
etc. after commencement ........................ 19
Chapter 2--National gambling reforms
20
Part 1--Guide to this Chapter
20
19
Guide to this Chapter ....................................................................... 20
Part 2--Precommitment systems
22
Division 1--Registration through precommitment system for
user who chooses to register
22
20
When a gaming machine is not compliant ....................................... 22
21
Precommitment system to provide for registration and
cancellation ...................................................................................... 22
22
Registration process for user who chooses to register ..................... 23
23
Identification requirements during registration for user who
chooses to register ............................................................................ 24
24
Exclusion from system--setting a loss limit of $0 .......................... 24
National Gambling Reform Bill 2012 No. , 2012 ii
25
Requirements for limit periods for user who chooses to
register ............................................................................................. 25
26
Changing, revoking and setting loss limits and limit periods
after initial registration ..................................................................... 26
27
When changes to loss limits or limit periods may take effect .......... 26
Division 2--Precommitment system requirements if a person
chooses to use a gaming machine as a registered
user
28
28
Registration of registered user to comply with requirements .......... 28
29
Identification of registered user ....................................................... 28
30
Monitoring and transmitting expenditure and winnings for
registered user .................................................................................. 29
31 Precommitment
information
for registered user .............................. 30
32
No use of gaming machine by registered user after loss limit
reached ............................................................................................. 31
Division 3--Other requirements for precommitment systems
33
33
Capability requirement for precommitment systems ....................... 33
34
Transaction statement for registered user ........................................ 33
35
Additional requirements for precommitment systems in
regulations ....................................................................................... 34
36
No national database of protected information from
precommitment systems .................................................................. 34
Part 3--Dynamic warnings
35
37
When a gaming machine is not compliant ....................................... 35
38 Dynamic
warnings
...........................................................................
35
Part 4--ATM withdrawal limit for gaming machine premises
(other than casinos)
36
39
ATM withdrawal limit for gaming machine premises (other
than casinos) .................................................................................... 36
40 Indexation
........................................................................................
36
41
Anti-avoidance--determination of gaming machine premises ........ 37
Part 5--Provisions related to national gambling reforms
38
Division 1--Exemptions from ATM withdrawal limit
38
42
Exemptions from ATM withdrawal limit--regulations ................... 38
43
Exemptions from ATM withdrawal limit--application to
Regulator ......................................................................................... 38
44
Process for deciding exemptions ..................................................... 39
45
Effect of exemptions on State or Territory law ................................ 39
iii National Gambling Reform Bill 2012 No. , 2012
Division 2--Approvals and licences for precommitment systems
40
Subdivision A--Approving precommitment systems
40
46 Applications
for approvals ............................................................... 40
47
Form of applications ........................................................................ 40
48 Requiring
further
information .......................................................... 40
49 Amendment
and
withdrawal of applications ................................... 41
50 Testing
precommitment systems ...................................................... 41
51
Approving precommitment systems and variations to
approved terms and conditions ........................................................ 42
52 Notification
of
approvals ................................................................. 43
53
Changes to precommitment requirements ........................................ 43
54 Revocation
of
approvals
..................................................................
44
55
Civil penalty for failing to provide precommitment system in
accordance with approved terms and conditions ............................. 44
Subdivision B--Licences for providing etc. precommitment
systems
44
56
Regulations may provide in relation to licensing persons who
provide etc. precommitment systems ............................................... 44
Chapter 3--Civil penalty provisions for
non-compliance with national gambling
reforms
46
Part 1--Guide to this Chapter
46
57
Guide to this Chapter ....................................................................... 46
Part 2--Gaming machines that do not comply with
precommitment and dynamic warning requirements
47
58
Making non-compliant gaming machine available for use .............. 47
Part 3--Automatic teller machines that do not comply with
withdrawal limit requirements
50
Division 1--Constitutional provisions
50
59
Application of this Part .................................................................... 50
60 Additional
operation
of this Part ...................................................... 50
61
Part not to apply to State banking .................................................... 50
Division 2--Civil penalty provisions
51
62
Occupying premises containing non-compliant automatic
teller machine ................................................................................... 51
63
Providing non-compliant automatic teller machine ......................... 51
National Gambling Reform Bill 2012 No. , 2012 iv
64
Civil penalty provision contravened without a person
withdrawing more than cash limit .................................................... 52
65
Exception for premises covered by exemption and casinos ............. 52
Chapter 4--Privacy
53
Part 1--Guide to this Chapter
53
66
Guide to this Chapter ....................................................................... 53
Part 2--Privacy
54
Division 1--Offences for unauthorised disclosure or use of
protected information
54
67
Offences for unauthorised disclosure or use of protected
information ...................................................................................... 54
Division 2--Authorised disclosure or use by Regulator, other
entrusted persons and others
57
Subdivision A--Authorised disclosure or use by Regulator, other
entrusted persons and others
57
68 Authorised
disclosure
or use--official duties .................................. 57
69
Who may disclose or use information in accordance with
sections 70 to 73 .............................................................................. 57
70 Authorised
disclosure--law enforcement ........................................ 58
71 Authorised
disclosure or use--consent ............................................ 59
72 Authorised
disclosure--threat to life or health ................................ 59
73 Authorised
disclosure--publicly available information .................. 59
Subdivision B--Authorised disclosure by Regulator
59
74 Authorised
disclosure--Minister ..................................................... 59
75
Authorised disclosure--Commonwealth, State and Territory
agencies ........................................................................................... 59
76 Authorised
disclosure--research ..................................................... 60
77 Authorised
disclosure--summaries and statistics ............................ 60
Chapter 5--Requirements for manufacturing and
importing gaming machines
61
Part 1--Guide to this Chapter
61
78
Guide to this Chapter ....................................................................... 61
Part 2--Requirements for manufacturing and importing
gaming machines
62
79 Manufacturing
gaming machines ..................................................... 62
80
Importing gaming machines ............................................................ 62
v National Gambling Reform Bill 2012 No. , 2012
Chapter 6--Liability for, and collection and recovery
of, supervisory and gaming machine
regulation levies
63
Part 1--Guide to this Chapter
63
81
Guide to this Chapter ....................................................................... 63
Part 2--Liability for supervisory levy
64
82
Purpose of supervisory levy ............................................................. 64
83 Liability
for
supervisory levy........................................................... 64
84
Who is liable to pay the supervisory levy ........................................ 64
Part 3--Liability for gaming machine regulation levy
66
85
Liability for gaming machine regulation levy .................................. 66
86
Who is liable to pay the gaming machine regulation levy ............... 68
Part 4--Collection and recovery of supervisory and gaming
machine regulation levies
70
Division 1--Assessment of levies
70
87
Regulator may make assessment of levies ....................................... 70
88
Request for assessment .................................................................... 70
89
Levy liabilities do not depend on assessment .................................. 70
90
Regulator must give notice of the assessment ................................. 70
91 Amendment
of
assessment ............................................................... 71
92
Later assessment prevails in case of inconsistency .......................... 71
93
Production of assessment is conclusive evidence ............................ 71
Division 2--Collection of levies
72
94
Right of contribution if persons are jointly liable ............................ 72
95 Returns
.............................................................................................
72
96
When levy due for payment ............................................................. 73
97 Late
payment
penalty
.......................................................................
73
98
Payment of levy and late payment penalty ...................................... 73
99
Recovery of levy and late payment penalty ..................................... 74
100
Refunds of overpayments of levy .................................................... 74
Division 3--Miscellaneous
75
101
Offence for failure to lodge a return ................................................ 75
102
Regulations may provide in relation to assessment, collection
and recovery ..................................................................................... 75
National Gambling Reform Bill 2012 No. , 2012 vi
Chapter 7--Monitoring and investigation
76
Part 1--Guide to this Chapter
76
103
Guide to this Chapter ....................................................................... 76
Part 2--Regulator
78
104 The
Regulator
..................................................................................
78
105 Functions
of
the Regulator ............................................................... 78
106
Powers of the Regulator ................................................................... 78
107 Regulator
may
charge for services ................................................... 79
108 Arrangements
with
other agencies ................................................... 79
109 Consultants
......................................................................................
79
110
Minister may give directions to the Regulator ................................. 79
111 Annual
report
...................................................................................
79
Part 3--Authorised persons
81
112
Appointment of authorised persons ................................................. 81
113
The Regulator is an authorised person ............................................. 82
114 Identity
cards
...................................................................................
82
115
Offence for not returning identity card ............................................ 82
Part 4--Inspecting public areas of gaming machine premises
84
116
Inspection powers in public areas of gaming machine
premises ........................................................................................... 84
Part 5--Monitoring
86
Division 1--Monitoring powers
86
117
Authorised person may enter premises by consent or under a
warrant ............................................................................................. 86
118
Monitoring powers of authorised persons ........................................ 86
119 Operating
electronic equipment ....................................................... 87
120
Accessing data held on certain premises--notification to
occupier ........................................................................................... 88
121
Expert assistance to operate electronic equipment ........................... 89
122
Securing evidence of the contravention of a related provision ........ 90
Division 2--Persons assisting authorised persons
92
123
Persons assisting authorised persons ............................................... 92
Division 3--Monitoring warrants
93
124 Monitoring
warrants
........................................................................
93
vii National Gambling Reform Bill 2012 No. , 2012
Part 6--Investigation
95
Division 1--Investigation powers
95
125
Authorised person may enter premises by consent or under a
warrant ............................................................................................. 95
126 Investigation
powers
of authorised persons ..................................... 95
127 Operating
electronic equipment ....................................................... 96
128
Accessing data held on certain premises--notification to
occupier ........................................................................................... 97
129
Expert assistance to operate electronic equipment ........................... 98
130
Seizing evidence of contraventions of related provisions ................ 99
Division 2--Persons assisting authorised persons
101
131
Persons assisting authorised persons ............................................. 101
Division 3--General provisions relating to seizure
102
132
Copies of seized things to be provided .......................................... 102
133 Receipts
for
seized things .............................................................. 102
134
Return of seized things .................................................................. 102
135
Issuing officer may permit a seized thing to be retained ................ 103
136
Disposal of seized things ............................................................... 104
137
Compensation for acquisition of property ..................................... 104
Division 4--Investigation warrants
106
138 Investigation
warrants .................................................................... 106
139
Investigation warrants by telephone, fax etc. ................................. 107
140 Authority
of
warrant
......................................................................
108
141
Offence relating to warrants by telephone, fax etc. ....................... 109
142
Completing execution of an investigation warrant after
temporary cessation ....................................................................... 110
143
Completing execution of an investigation warrant stopped by
court order ...................................................................................... 111
Part 7--General provisions relating to monitoring and
investigation
112
Division 1--Obligations of authorised persons in entering
premises
112
144 Consent
..........................................................................................
112
145
Announcement before entry under warrant ................................... 112
146
Authorised person to be in possession of warrant .......................... 113
147
Details of warrant etc. to be given to occupier............................... 113
National Gambling Reform Bill 2012 No. , 2012 viii
Division 2--Other powers of authorised persons
115
Subdivision A--Asking questions and seeking production of
documents
115
148
Authorised person may ask questions and seek production of
documents ...................................................................................... 115
Subdivision B--Opening gaming machines
116
149 Authorised
person
may
open gaming machines ............................. 116
150
Authorised person to notify about broken seals and reseal
gaming machines ........................................................................... 117
151
Relationship with State or Territory laws ...................................... 118
Division 3--Occupier's rights and responsibilities on entry
120
152
Occupier entitled to observe execution of warrant ........................ 120
153
Occupier to provide authorised person with facilities and
assistance ....................................................................................... 120
Division 4--Miscellaneous
121
154 Powers
of
issuing officers .............................................................. 121
155
Compensation for damage to electronic equipment ....................... 121
156
Compensation for damage to gaming machine .............................. 122
Part 8--Requiring persons to give information, produce
documents and keep records
124
157
Power to require persons to give information, produce
documents or answer questions ..................................................... 124
158 Translation
of
documents
...............................................................
125
159 Record
keeping
requirements ........................................................ 126
Chapter 8--Enforcement
128
Part 1--Guide to this Chapter
128
160
Guide to this Chapter ..................................................................... 128
Part 2--Civil penalty provisions
129
Division 1--Obtaining a civil penalty order
129
161
Civil penalty orders ........................................................................ 129
162 Civil
enforcement of penalty ......................................................... 130
163
Conduct contravening more than one civil penalty provision ........ 130
164 Multiple
contraventions ................................................................. 130
165
Proceedings may be heard together ............................................... 130
166
Civil evidence and procedure rules for civil penalty orders ........... 131
167
Contravening a civil penalty provision is not an offence ............... 131
ix National Gambling Reform Bill 2012 No. , 2012
Division 2--Civil proceedings and other enforcement action
132
168
Civil proceedings after other enforcement action .......................... 132
169
Other enforcement action during civil proceedings ....................... 132
170
Other enforcement action after civil proceedings .......................... 133
171
Evidence given in civil proceedings not admissible in
criminal proceedings ...................................................................... 133
Division 3--Miscellaneous
134
172
Ancillary contravention of civil penalty provisions ....................... 134
173
Mistake of fact ............................................................................... 134
174
State of mind .................................................................................. 135
175
Civil penalty provisions contravened by employees, agents
or officers ....................................................................................... 135
Part 3--Infringement notices
136
176
When an infringement notice may be given .................................. 136
177
Matters to be included in an infringement notice ........................... 136
178
Extension of time to pay amount ................................................... 137
179
Withdrawal of an infringement notice ........................................... 138
180
Effect of payment of amount ......................................................... 139
181
Effect of this Part ........................................................................... 140
Part 4--Injunctions
141
182
Grant of injunctions ....................................................................... 141
183 Interim
injunctions
.........................................................................
141
184 Discharging
or
varying injunctions ................................................ 142
185
Certain limits on granting injunctions not to apply ........................ 142
186
Other powers of a relevant court unaffected .................................. 142
Part 5--Enforceable undertakings
143
187 Acceptance
of
undertakings ........................................................... 143
188 Enforcement
of
undertakings ......................................................... 144
Part 6--Compliance notices
145
189 Compliance
notices
........................................................................
145
190
Review of compliance notices ....................................................... 147
Part 7--Miscellaneous
148
191
Regulator may publicise certain offences and contraventions ....... 148
Chapter 9--Research, reviews and other provisions
149
Part 1--Guide to this Chapter
149
192
Guide to this Chapter ..................................................................... 149
National Gambling Reform Bill 2012 No. , 2012 x
Part 2--Research, reviews and other provisions
150
Division 1--Research and reviews
150
193
Productivity Commission review of results of trial if trial
conducted ....................................................................................... 150
194
Productivity Commission review of assessment of progress ......... 151
195
Requirements for referrals to Productivity Commission and
reports ............................................................................................ 152
196
Research into gambling ................................................................. 153
197
Expert Advisory Group on Gambling ............................................ 153
Division 2--Other provisions
155
198
Internal review of reviewable decisions ......................................... 155
199
AAT review of decisions ............................................................... 156
200 Delegation
......................................................................................
157
201 Regulations
....................................................................................
157
National Gambling Reform Bill 2012 No. , 2012 1
A Bill for an Act to provide for national gambling
1
reform in relation to gaming machines, and for
2
related purposes
3
The Parliament of Australia enacts:
4
Chapter 1--Preliminary
5
Part 1--Preliminary
6
7
1 Short title
8
This Act may be cited as the National Gambling Reform Act 2012.
9
Chapter 1 Preliminary
Part 1 Preliminary
Section 2
2 National Gambling Reform Bill 2012 No. , 2012
2 Commencement
1
This Act commences on the day this Act receives the Royal
2
Assent.
3
Note:
For the application of this Act, see Part 2 of this Chapter.
4
3 Guide to this Act
5
This Act provides for national gambling reforms in relation to
6
gaming machines and gaming machine premises.
7
The first reform requires gaming machines to have a
8
precommitment system that complies with the requirements of this
9
Act. A precommitment system allows a user of a gaming machine,
10
who chooses to do so, to register and set a limit (called a loss limit)
11
for a State or Territory on the amount that he or she is prepared to
12
lose during a period (called a limit period) using, as a registered
13
user, any gaming machine that is located in that State or Territory.
14
While gaming machines are required to have precommitment
15
systems, users of gaming machines may choose whether to register
16
and set a loss limit through those precommitment systems.
17
If a person sets a loss limit and uses a gaming machine as a
18
registered user, then, once the person reaches his or her loss limit
19
during a limit period, the person is prevented from using gaming
20
machines located in the State or Territory as a registered user for
21
the rest of the person's limit period.
22
The second reform requires warnings to be provided by gaming
23
machines relating to the use of gaming machines.
24
The third reform limits the amount of cash that can be withdrawn
25
from an automatic teller machine that is on gaming machine
26
premises (other than a casino).
27
This Act provides civil penalty provisions in relation to gaming
28
machines, and automatic teller machines that are on gaming
29
Preliminary Chapter 1
Preliminary Part 1
Section 3
National Gambling Reform Bill 2012 No. , 2012 3
machine premises (other than casinos), that do not comply with the
1
requirements of this Act.
2
This Act ensures the privacy of users of gaming machines by
3
including offences to protect, from unauthorised disclosure or use,
4
any information that is obtained from precommitment systems, or
5
otherwise obtained under this Act.
6
This Act also requires gaming machines that are manufactured or
7
imported to be capable of providing for precommitment.
8
A supervisory levy is imposed on those who hold a licence to
9
operate a gaming machine. The amount of the supervisory levy
10
imposed by the National Gambling Reform (Related Matters) Act
11
(No. 1) 2012 is worked out in accordance with a method prescribed
12
by regulations made under that Act.
13
A gaming machine regulation levy is payable if a person makes a
14
gaming machine available for use at any time during a levy period.
15
However, the gaming machine regulation levy is not payable in
16
certain cases, such as cases related to constitutional corporations or
17
if gaming machines comply with the requirements of Parts 2 and 3
18
of Chapter 2 (precommitment systems and dynamic warnings).
19
This Act deals with the liability for, and collection and recovery of,
20
the supervisory and gaming machine regulation levies.
21
This Act is enforced by the Regulator. The Regulator and
22
authorised persons have a number of powers to investigate and
23
monitor compliance with this Act. The Regulator also has a
24
number of options for enforcing this Act, including applying for
25
civil penalty orders, giving infringement and compliance notices,
26
and seeking injunctions and enforceable undertakings. The powers
27
under this Act may be delegated to employees of the public service
28
of a State or Territory, or a body established for a public purpose
29
by or under a law of a State or Territory.
30
Chapter 1 Preliminary
Part 1 Preliminary
Section 4
4 National Gambling Reform Bill 2012 No. , 2012
4 Object of this Act
1
(1) The object of this Act is to reduce the harm caused by gaming
2
machines:
3
(a) to problem gamblers, and those at risk of experiencing that
4
harm; and
5
(b) to the families and communities of problem gamblers and of
6
those at risk of experiencing that harm.
7
(2) This object is to be achieved by allowing users of gaming
8
machines to limit that harm by:
9
(a) providing for precommitment for gaming machines by:
10
(i) allowing users of gaming machines, who choose to do
11
so, to set limits for a State or Territory on the amount
12
that they are prepared to lose during a period using, as
13
registered users, gaming machines that are located in
14
that State or Territory; and
15
(ii) preventing users from continuing to use, as registered
16
users, gaming machines that are located in that State or
17
Territory once those limits have been reached; and
18
(iii) allowing users to retain control over whether to impose
19
limits on the amount that they are prepared to lose
20
during a period using gaming machines that are located
21
in a State or Territory; and
22
(b) ensuring that warnings are provided electronically on the
23
potential for harm from, and the cost of, using gaming
24
machines; and
25
(c) limiting the amount of cash users of gaming machines can
26
access from automatic teller machines on premises
27
containing gaming machines (other than casinos); and
28
(d) ensuring that the privacy of users of gaming machines is
29
protected; and
30
(e) ensuring that gaming machines that are manufactured or
31
imported are capable of providing for precommitment.
32
5 Definitions
33
In this Act:
34
Preliminary Chapter 1
Preliminary Part 1
Section 5
National Gambling Reform Bill 2012 No. , 2012 5
acquisition of property has the meaning given by section 137.
1
amount includes a nil amount.
2
applicant, in relation to an application for approval of:
3
(a) a precommitment system for a State or Territory; or
4
(b) a variation to the approved terms and conditions for a
5
precommitment system for a State or Territory;
6
has the meaning given by section 46.
7
approval means an approval of a precommitment system for a
8
State or Territory that is given in accordance with subsection 51(1).
9
approved form means a form approved in writing by the Regulator.
10
approved precommitment system for a State or Territory means a
11
precommitment system for a State or Territory in relation to which
12
an approval is in force.
13
approved terms and conditions, for a precommitment system for a
14
State or Territory, means:
15
(a) the terms and conditions taken to be approved under
16
subsection 51(3) in relation to the precommitment system; or
17
(b) if those terms and conditions have been varied--those terms
18
and conditions as varied by one or more variations approved
19
under subsection 51(4).
20
Australia means the States, the Australian Capital Territory and the
21
Northern Territory.
22
Australian Institute of Family Studies means the Australian
23
Institute of Family Studies established by Part XIVA of the Family
24
Law Act 1975.
25
authorised disclosure has the meaning given by subsection 67(6).
26
authorised disclosure information has the meaning given by
27
subsection 67(7).
28
authorised disclosure or use has the meaning given by subsection
29
67(6).
30
authorised person means:
31
Chapter 1 Preliminary
Part 1 Preliminary
Section 5
6 National Gambling Reform Bill 2012 No. , 2012
(a) a person appointed under section 112; or
1
(b) the Regulator in his or her capacity as an authorised person
2
under section 113.
3
certified, in relation to the translation of a document, has the
4
meaning given by section 158.
5
civil penalty order has the meaning given by section 161.
6
civil penalty provision means a provision of this Act if:
7
(a)
either:
8
(i) the provision sets out at its foot a pecuniary penalty, or
9
penalties, indicated by the words "Civil penalty"; or
10
(ii) another provision of this Act provides that the provision
11
is a civil penalty provision; and
12
(b) the provision is one of the following kinds:
13
(i) a subsection, or a section that is not divided into
14
subsections;
15
(ii) a subregulation, or a regulation that is not divided into
16
subregulations.
17
constitutional corporation means a corporation to which
18
paragraph 51(xx) of the Constitution applies.
19
damage, in relation to data, includes damage by erasure of data or
20
addition of other data.
21
decides: a person decides not to have a loss limit for a State or
22
Territory if:
23
(a) the person indicates, as part of the registration process, that
24
the person does not choose to set a loss limit for the State or
25
Territory; or
26
(b) the person revokes the person's loss limit for the State or
27
Territory.
28
Director of the Australian Institute of Family Studies means the
29
Director within the meaning of section 114A of the Family Law
30
Act 1975.
31
engage in conduct includes omit to perform an act.
32
Preliminary Chapter 1
Preliminary Part 1
Section 5
National Gambling Reform Bill 2012 No. , 2012 7
entrusted person has the meaning given by subsection 67(4).
1
evidential burden, in relation to a matter, means the burden of
2
adducing or pointing to evidence that suggests a reasonable
3
possibility that the matter exists or does not exist.
4
evidential material: any of the following is evidential material:
5
(a) a thing with respect to which an offence against, or a civil
6
penalty provision under, this Act has been contravened or is
7
suspected, on reasonable grounds, to have been contravened;
8
(b) a thing that there are reasonable grounds for suspecting will
9
afford evidence as to the contravention of such an offence or
10
civil penalty provision;
11
(c) a thing that there are reasonable grounds for suspecting is
12
intended to be used for the purpose of contravening such an
13
offence or civil penalty provision.
14
gaming equipment has the meaning given by subsection 6(3).
15
gaming machine has the meaning given by subsections 6(1) and
16
(2).
17
Note:
Gaming machine has a more limited meaning in the definition of
18
gaming machine premises, paragraph 6(2)(c) and subsection 6(3).
19
gaming machine premises:
20
(a) means premises on which one or more gaming machines
21
(within the meaning of subsection 6(1) and paragraph
22
6(2)(b)) are made available for use; and
23
(b) for the purposes of Part 4 of Chapter 2 (ATM withdrawal
24
limit), and any other provision of this Act to the extent that it
25
relates to that Part--includes a place determined by the
26
Regulator under section 41 to be, or to be part of, gaming
27
machine premises.
28
gaming machine regulation levy means levy imposed by section 5
29
of the National Gambling Reform (Related Matters) Act (No. 2)
30
2012.
31
gaming machine revenue from a gaming machine for a levy
32
period means:
33
Chapter 1 Preliminary
Part 1 Preliminary
Section 5
8 National Gambling Reform Bill 2012 No. , 2012
(a) the total amount of bets made in relation to the gaming
1
machine during the levy period; minus
2
(b) the total amount of outgoings in relation to the gaming
3
machine for the levy period.
4
The gaming machine revenue may be a negative amount.
5
investigation powers has the meaning given by sections 126, 127
6
and 130.
7
investigation warrant means:
8
(a) a warrant issued by an issuing officer under section 138; or
9
(b) a warrant signed by an issuing officer under section 139.
10
issuing officer means:
11
(a) a magistrate; or
12
(b) a Federal Magistrate; or
13
(c) a Judge of the Federal Court of Australia.
14
Note:
For conferral of powers on an issuing officer, see section 154.
15
just terms has the meaning given by section 137.
16
late payment penalty means penalty payable under section 97.
17
levy means:
18
(a) supervisory levy; or
19
(b) gaming machine regulation levy.
20
levy period means:
21
(a) in relation to the supervisory levy--a period of 3 months
22
beginning on 1 January, 1 April, 1 July or 1 October of a
23
year; and
24
(b) in relation to the gaming machine regulation levy--a
25
calendar month.
26
licensed provider of a precommitment system means a person who
27
is licensed under regulations made for the purposes of subsection
28
56(1).
29
licensee has the meaning given by section 84.
30
Preliminary Chapter 1
Preliminary Part 1
Section 5
National Gambling Reform Bill 2012 No. , 2012 9
limit period: a person's limit period for a State or Territory means
1
the period provided to the person under subsection 22(2) by a
2
precommitment system for the State or Territory (as changed by
3
the person from time to time, if the system allows for changes).
4
limit period expenditure, for a person's limit period for a State or
5
Territory, means the total of the amounts of money or credit spent
6
during the person's limit period using, as a registered user, gaming
7
machines that are located in the State or Territory, as monitored
8
under paragraph 30(2)(a).
9
limit period winnings, for a person's limit period for a State or
10
Territory, means the total of the amounts of money or credit won
11
during the person's limit period from using, as a registered user,
12
gaming machines that are located in the State or Territory, as
13
monitored under paragraph 30(2)(b).
14
loss limit: a person's loss limit for a State or Territory means the
15
limit that is set by the person through a precommitment system for
16
the State or Territory on the amount of the person's net losses
17
during the person's limit period for the State or Territory.
18
monitoring powers has the meaning given by sections 118, 119
19
and 122.
20
monitoring warrant means a warrant issued under section 124.
21
net losses, at a particular time during a person's limit period for a
22
State or Territory, means:
23
(a) the person's limit period expenditure, at that time, for the
24
limit period; minus
25
(b) the person's limit period winnings, at that time, for the limit
26
period.
27
The net losses may be a negative amount.
28
not compliant, in relation to a gaming machine, has the meaning
29
given by sections 20 and 37.
30
outgoings, in relation to a gaming machine for a levy period,
31
means each of the following amounts:
32
(a) an amount of money (including cheques or other negotiable
33
instruments) or credit provided as winnings during the levy
34
Chapter 1 Preliminary
Part 1 Preliminary
Section 5
10 National Gambling Reform Bill 2012 No. , 2012
period in relation to the use of the gaming machine (other
1
than any such amount that was deducted from that or any
2
other gaming machine as referred to in paragraph (b) of this
3
definition during that or any other levy period in order to
4
contribute to a prize);
5
(b) if the gaming machine is lawfully linked to one or more other
6
gaming machines for the purposes of contributing money or
7
credit from the gaming machine to a prize--an amount of
8
money or credit that is deducted from the gaming machine
9
during the levy period in order to contribute to the prize;
10
(c) any other amount worked out in accordance with the
11
regulations.
12
person assisting an authorised person:
13
(a) in Part 5 of Chapter 7 (monitoring powers), and any other
14
provision of this Act to the extent that it relates to that Part--
15
has the meaning given by section 123; and
16
(b) in Part 6 of Chapter 7 (investigation powers), and any other
17
provision of this Act to the extent that it relates to that Part--
18
has the meaning given by section 131.
19
precommitment system:
20
(a) for a State or Territory--means a system (or systems) that:
21
(i) allows a user of a gaming machine to set a limit for the
22
State or Territory on the amount that he or she is
23
prepared to lose during a period from using, as a
24
registered user, gaming machines that are located in that
25
State or Territory; and
26
(ii) prevents a user from continuing to use, as a registered
27
user, gaming machines that are located in that State or
28
Territory once that limit has been reached; and
29
(b) for a gaming machine--means the precommitment system
30
(within the meaning of paragraph (a) of this definition) for
31
the State or Territory in which the gaming machine is located
32
that operates in relation to the gaming machine.
33
premises includes the following:
34
(a) a structure, building, vehicle, vessel or aircraft;
35
(b) a place (whether or not enclosed or built on);
36
Preliminary Chapter 1
Preliminary Part 1
Section 5
National Gambling Reform Bill 2012 No. , 2012 11
(c) a part of a thing referred to in paragraph (a) or (b).
1
Note:
A reference to premises is affected by section 7.
2
Productivity Minister means the Minister administering the
3
Productivity Commission Act 1998.
4
protected information has the meaning given by subsection 67(5).
5
registered: a person is registered for a State or Territory if the
6
person chooses to be, and is, registered through an approved
7
precommitment system for the State or Territory in accordance
8
with sections 22 to 25.
9
registered user: a person uses a gaming machine that is located in a
10
State or Territory as a registered user if:
11
(a) the person chooses to be, and is, registered for the State or
12
Territory; and
13
(b) the person identifies himself or herself to the precommitment
14
system for the gaming machine as registered for the State or
15
Territory.
16
regulated device has the meaning given by section 116.
17
Regulator has the meaning given by section 104.
18
related provision: each of the following is a related provision:
19
(a) an offence against this Act;
20
(b) a civil penalty provision under this Act;
21
(c) an offence against the Crimes Act 1914 or the Criminal Code
22
that relates to this Act.
23
relevant court means:
24
(a) the Federal Court of Australia; or
25
(b) the Federal Magistrates Court; or
26
(c) a court of a State or Territory that has jurisdiction in relation
27
to matters arising under this Act.
28
reviewable decision means any of the following decisions:
29
(a) a decision under section 41 to make a determination;
30
(b) a decision under subsection 43(3) to refuse to grant an
31
exemption;
32
Chapter 1 Preliminary
Part 1 Preliminary
Section 5
12 National Gambling Reform Bill 2012 No. , 2012
(c) a decision under subsection 43(4) to specify conditions in
1
relation to an exemption;
2
(d) a decision under subsection 43(5) to vary a condition
3
specified in relation to an exemption;
4
(e) a decision under subsection 51(1) to refuse to approve a
5
precommitment system for a State or Territory;
6
(f) a decision under subsection 51(4) to refuse to approve a
7
variation to the approved terms and conditions for a
8
precommitment system for a State or Territory;
9
(g) a decision under subsection 54(1) to revoke an approval of a
10
precommitment system for a State or Territory;
11
(h) a decision under section 87 to make an assessment;
12
(i) a decision under section 91 to amend an assessment;
13
(j) a decision under subsection 97(3) not to specify a later day
14
on which late payment penalty is due for payment;
15
(k) any other decision prescribed by the regulations.
16
session of use, in relation to a person's use, as a registered user, of
17
a gaming machine that is located in a State or Territory, means the
18
period:
19
(a) beginning when the person first identifies himself or herself
20
to the precommitment system for the gaming machine as
21
registered for the State or Territory; and
22
(b) ending when the person stops identifying himself or herself
23
to that precommitment system as registered for the State or
24
Territory.
25
small gaming machine premises has the meaning given by
26
section 9.
27
State or Territory licence means a licence or approval (however
28
described) under a State or Territory law that regulates gambling.
29
supervisory levy means levy imposed by section 5 of the National
30
Gambling Reform (Related Matters) Act (No. 1) 2012.
31
this Act includes regulations and any other legislative instrument
32
made under a provision of this Act.
33
transaction statement has the meaning given by section 34.
34
Preliminary Chapter 1
Preliminary Part 1
Section 6
National Gambling Reform Bill 2012 No. , 2012 13
withdraws more than the cash limit has the meaning given by
1
subsection 39(2).
2
6 Meaning of gaming machine
3
(1)
A
gaming machine is a device (whether wholly or partly
4
mechanically or electronically operated) that is designed so that:
5
(a) it may be used for the purposes of playing a game of chance,
6
or a mixed game of chance and skill; and
7
(b) it may be operated wholly or partly by:
8
(i) inserting a token, coin or banknote into the device; or
9
(ii) electronically transferring credits or tokens to the
10
device; or
11
(iii) using credits or tokens in the device (whether those
12
credits or tokens are held, stored or accredited by the
13
device or elsewhere); and
14
(c) because of making a bet on the device, winnings or other
15
rewards may become payable.
16
(2)
A
gaming machine also includes:
17
(a) gaming equipment (see subsection (3)); and
18
(b) any device that:
19
(i) is designed so that it may be used for the purposes of
20
playing a game of chance, or a mixed game of chance
21
and skill; and
22
(ii) is designed so that, because of making a bet on the
23
device, winnings or other rewards may become payable;
24
and
25
(iii) is prescribed by the regulations for the purposes of this
26
paragraph; and
27
(c) part of a gaming machine (within the meaning of
28
subsection (1) and paragraphs (2)(a) and (b)).
29
(3)
Gaming equipment is any system, device, equipment, software or
30
hardware that is used for or in connection with a gaming machine
31
(within the meaning of subsection (1) and paragraph (2)(b)).
32
(4) The regulations may prescribe a thing that is taken not to be a
33
gaming machine for the purposes of this Act.
34
Chapter 1 Preliminary
Part 1 Preliminary
Section 7
14 National Gambling Reform Bill 2012 No. , 2012
7 References to premises
1
(1) A reference in this Act to premises on which one or more gaming
2
machines are made available for use is, if a State or Territory
3
licence applies (or is taken to apply) to such premises, a reference
4
to the premises to which the licence applies (or is taken to apply).
5
(2) Subsection (1) does not apply in relation to Part 4 of Chapter 2
6
(ATM withdrawal limit), or any other provision of this Act to the
7
extent that it relates to that Part.
8
8 Persons who engage in conduct alone or together with others
9
A reference in this Act to a person who engages in conduct
10
(however that conduct is described, for example, by making a
11
gaming machine available for use, manufacturing a gaming
12
machine or importing a gaming machine) is a reference to a person
13
who engages in conduct, whether alone or together with any other
14
person or persons.
15
9 Meaning of small gaming machine premises
16
(1)
Premises
are
small gaming machine premises if no more than 20
17
gaming machines are made available for use on the premises.
18
(2) Despite subsection (1), gaming machine premises are not small
19
gaming machine premises at any time after Parts 2 and 3 of
20
Chapter 2 begin to apply, other than because of subsection 13(3),
21
in relation to any gaming machine that is made available for use on
22
those premises.
23
Note:
For when Parts 2 and 3 of Chapter 2 begin to apply, see section 13.
24
10 Act binds the Crown
25
(1) This Act binds the Crown in each of its capacities.
26
(2) This Act does not make the Crown liable to be:
27
(a) prosecuted for an offence; or
28
(b) subject to civil proceedings for a civil penalty order; or
29
(c) given an infringement notice.
30
Preliminary Chapter 1
Preliminary Part 1
Section 11
National Gambling Reform Bill 2012 No. , 2012 15
11 Concurrent operation with State and Territory laws
1
(1) This Act is not intended to exclude or limit the operation of a law
2
of a State or Territory that is capable of operating concurrently
3
with this Act.
4
(2) In particular, this Act is intended to set minimum requirements in
5
relation to:
6
(a) precommitment systems for gaming machines; and
7
(b) warnings to be provided by gaming machines; and
8
(c) automatic teller machines that are on gaming machine
9
premises (other than casinos).
10
This Act is not intended to limit the ability of a State or Territory to
11
impose stricter requirements in relation to such machines.
12
(3) In addition, this Act is not intended to affect the number or
13
distribution of gaming machines in a State or Territory.
14
Note:
The numbers and distribution of gaming machines in a State or
15
Territory are regulated by the laws of the State or Territory.
16
12 Constitutional limitations
17
Commonwealth not to discriminate or give preference
18
(1) A power conferred by this Act must not be exercised in such a way
19
as to:
20
(a) discriminate between States or parts of States within the
21
meaning of paragraph 51(ii) of the Constitution; or
22
(b) give preference to one State or any part of a State within the
23
meaning of section 99 of the Constitution.
24
Trade to be absolutely free
25
(2) A power conferred by this Act must not be exercised in such a way
26
that the exercise would infringe section 92 of the Constitution.
27
Note:
Section 92 of the Constitution requires trade among the States to be
28
absolutely free.
29
30
Chapter 1 Preliminary
Part 2 Application of this Act
Section 13
16 National Gambling Reform Bill 2012 No. , 2012
Part 2--Application of this Act
1
2
13 Application of precommitment system and dynamic warning
3
requirements
4
(1) Parts 2 and 3 of Chapter 2 (precommitment systems and dynamic
5
warnings), and any other provision of this Act to the extent that it
6
relates to those Parts, apply on and after 31 December 2016 in
7
relation to any gaming machine that is made available for use,
8
other than a gaming machine that is made available for use on
9
small gaming machine premises.
10
Premises with 11 to 20 gaming machines
11
(2) Parts 2 and 3 of Chapter 2, and any other provision of this Act to
12
the extent that it relates to those Parts, apply on and after
13
31 December 2020 in relation to any gaming machine that is made
14
available for use on small gaming machine premises if there are:
15
(a) more than 10 gaming machines; but
16
(b) no more than 20 gaming machines;
17
made available for use on those premises.
18
Premises with no more than 10 gaming machines
19
(3) Subject to subsection (4), if there are no more than 10 gaming
20
machines that are made available for use on small gaming machine
21
premises, then Parts 2 and 3 of Chapter 2, and any other provision
22
of this Act to the extent that it relates to those Parts, apply on and
23
after 31 December 2020 in relation to any gaming machine that:
24
(a) is not made available for use on the premises at any time
25
before 31 December 2020, but is made available for use on
26
the premises at any time on or after that day; or
27
(b) is on the premises, and was manufactured or imported on or
28
after 31 December 2013.
29
Preliminary Chapter 1
Application of this Act Part 2
Section 14
National Gambling Reform Bill 2012 No. , 2012 17
Premises that gain or lose machines
1
(4) Once subsection (2) begins to apply to a gaming machine, that
2
subsection continues to apply to the gaming machine despite
3
subsection (3).
4
Example: If there are 11 gaming machines on gaming machine premises, and the
5
premises lose 2 machines, so that there are only 9 gaming machines,
6
the rule in subsection (2) continues to apply to the premises even
7
though there are now fewer than 11 gaming machines.
8
(5) Subsection (4) does not prevent subsection (1) from applying in
9
relation to a gaming machine that is made available for use on
10
gaming machine premises if the premises cease to be small gaming
11
machine premises.
12
14 Application of automatic teller machine requirements
13
Part 4 of Chapter 2 (ATM withdrawal limit), and any other
14
provision of this Act to the extent that it relates to that Part, applies
15
on and after 1 May 2013 in relation to any automatic teller machine
16
that is on any gaming machine premises.
17
Note:
Part 4 of Chapter 2 does not apply in relation to casinos (see
18
subsection 39(3)).
19
15 Application of manufacturing and importing requirements
20
Chapter 5 (requirements for manufacturing and importing gaming
21
machines), and any other provision of this Act to the extent that it
22
relates to that Chapter, applies in relation to:
23
(a) any gaming machine that is manufactured on or after
24
31 December 2013 (whether the manufacture of the gaming
25
machine begins before or after that date); and
26
(b) any gaming machine that is imported on or after
27
31 December 2013.
28
16 Application of supervisory levy
29
The following provisions apply on and after the day this Act
30
commences:
31
(a) Part 2 of Chapter 6 (supervisory levy), and any other
32
provision of this Act to the extent that it relates to that Part;
33
Chapter 1 Preliminary
Part 2 Application of this Act
Section 17
18 National Gambling Reform Bill 2012 No. , 2012
(b)
the
National Gambling Reform (Related Matters) Act (No. 1)
1
2012.
2
Note:
The amount of the supervisory levy is worked out in accordance with
3
a method prescribed by regulations made under the National
4
Gambling Reform (Related Matters) Act (No. 1) 2012 (see section 6 of
5
that Act).
6
17 Application of gaming machine regulation levy
7
(1) This section sets out the application for the following provisions:
8
(a) Part 3 of Chapter 6 (gaming machine regulation levy), and
9
any other provision of this Act to the extent that it relates to
10
that Part;
11
(b)
the
National Gambling Reform (Related Matters) Act (No. 2)
12
2012.
13
(2) The provisions referred to in subsection (1) apply on and after
14
1 January 2017 in relation to any gaming machine that is made
15
available for use, other than a gaming machine that is made
16
available for use on small gaming machine premises.
17
Premises with 11 to 20 gaming machines
18
(3) The provisions referred to in subsection (1) apply on and after
19
1 January 2021 in relation to any gaming machine that is made
20
available for use on small gaming machine premises if there are:
21
(a) more than 10 gaming machines; but
22
(b) no more than 20 gaming machines;
23
made available for use on those premises.
24
Premises with no more than 10 gaming machines
25
(4) Subject to subsection (5), if there are no more than 10 gaming
26
machines that are made available for use on small gaming machine
27
premises, then the provisions referred to in subsection (1) apply on
28
and after 1 January 2021 in relation to any gaming machine that:
29
(a) is not made available for use on the premises at any time
30
before 1 January 2021, but is made available for use on the
31
premises at any time on or after that day; or
32
Preliminary Chapter 1
Application of this Act Part 2
Section 18
National Gambling Reform Bill 2012 No. , 2012 19
(b) is on the premises, and was manufactured or imported on or
1
after 31 December 2013.
2
Premises that gain or lose machines
3
(5) Once subsection (3) begins to apply to a gaming machine that is on
4
gaming machine premises, that subsection continues to apply to the
5
gaming machine despite subsection (4).
6
Example: If there are 11 gaming machines on gaming machine premises, and the
7
premises lose 2 machines, so that there are only 9 gaming machines,
8
the rule in subsection (3) continues to apply to the premises even
9
though there are now fewer than 11 gaming machines.
10
(6) Subsection (5) does not prevent subsection (2) from applying in
11
relation to a gaming machine that is made available for use on
12
gaming machine premises if the premises cease to be small gaming
13
machine premises.
14
18 Performance of functions etc. after commencement
15
Despite this Part, any of the following things may occur on or after
16
the day this Act commences, but before the provisions of this Act
17
begin to apply in accordance with this Part, if it is necessary or
18
convenient for the thing to occur for the purpose of making this
19
Act fully effective when, or after, the provisions of this Act begin
20
to apply:
21
(a) an application may be made under this Act;
22
(b) a function or duty may be performed under this Act;
23
(c) a power may be exercised under this Act.
24
Example: Examples of things that may occur on or after the day this Act
25
commences, but before the provisions of this Act begin to apply,
26
include the following:
27
(a) making regulations for the purposes of section 42, 56, 79 or 80;
28
(b) making and determining applications under section 43 or 46, or
29
under regulations made under section 56;
30
(c) appointing
authorised
persons under section 112.
31
32
Chapter 2 National gambling reforms
Part 1 Guide to this Chapter
Section 19
20 National Gambling Reform Bill 2012 No. , 2012
Chapter 2--National gambling reforms
1
Part 1--Guide to this Chapter
2
3
19 Guide to this Chapter
4
This Chapter provides for 3 national gambling reforms.
5
Under Part 2, gaming machines must have a precommitment
6
system that complies with the requirements of that Part. A
7
precommitment system allows a user of a gaming machine, who
8
chooses to do so, to register and set a limit (called a loss limit) for a
9
State or Territory on the amount that he or she is prepared to lose
10
during a period (called a limit period) using, as a registered user,
11
gaming machines that are located in that State or Territory.
12
While gaming machines are required to have precommitment
13
systems, users of gaming machines may choose whether to register
14
and set a loss limit through those precommitment systems.
15
A person who chooses to be registered for a State or Territory must
16
indicate, as part of the registration process, whether he or she
17
chooses to set a loss limit for the State or Territory. If a person sets
18
a loss limit and uses a gaming machine as a registered user, then,
19
once the person reaches his or her loss limit during a limit period,
20
the person is prevented from using, as a registered user, gaming
21
machines located in the State or Territory for the rest of the
22
person's limit period.
23
Under Part 3, a gaming machine must provide certain warnings
24
relating to a specific person's use of gaming machines, or the
25
potential for harm from, and the cost of, using gaming machines
26
generally.
27
Under Part 4, automatic teller machines that are on gaming
28
machine premises (other than casinos) must not allow a person to
29
withdraw more than the cash limit (which is $250 as increased by
30
National gambling reforms Chapter 2
Guide to this Chapter Part 1
Section 19
National Gambling Reform Bill 2012 No. , 2012 21
indexation). In certain cases, the Regulator may determine what
1
constitutes gaming machine premises.
2
Exemptions from Part 4 of this Chapter, and approvals and licences
3
for precommitment systems, are provided for under Part 5.
4
Chapter 3 provides for civil penalty provisions in relation to certain
5
gaming machines, and automatic teller machines on gaming
6
machine premises (other than casinos), that do not comply with the
7
requirements of this Chapter.
8
9
Chapter 2 National gambling reforms
Part 2 Precommitment systems
Division 1 Registration through precommitment system for user who chooses to register
Section 20
22 National Gambling Reform Bill 2012 No. , 2012
Part 2--Precommitment systems
1
Division 1--Registration through precommitment system
2
for user who chooses to register
3
20 When a gaming machine is not compliant
4
A gaming machine is not compliant if:
5
(a) there is no precommitment system for the gaming machine;
6
or
7
(b) the precommitment system for the gaming machine does not
8
comply with the requirements of this Part; or
9
(c) the precommitment system for the gaming machine is not an
10
approved precommitment system.
11
Note 1:
For approvals of precommitment systems, see Division 2 of Part 5.
12
Note 2:
For a civil penalty provision in relation to certain gaming machines
13
that are not compliant, see Part 2 of Chapter 3.
14
21 Precommitment system to provide for registration and
15
cancellation
16
(1) A precommitment system for a State or Territory must allow a
17
person who chooses to do so:
18
(a) to register for the State or Territory through the system; and
19
(b) to cancel the person's registration for the State or Territory
20
through the system.
21
(2) The precommitment system must prevent a person who has
22
cancelled his or her registration for the State or Territory from
23
re-registering for the State or Territory during the period prescribed
24
by the regulations.
25
No fees for registration or cancellation
26
(3) A person who registers, or cancels a registration, through a
27
precommitment system must not be charged a fee in relation to the
28
registration or cancellation.
29
National gambling reforms Chapter 2
Precommitment systems Part 2
Registration through precommitment system for user who chooses to register Division 1
Section 22
National Gambling Reform Bill 2012 No. , 2012 23
22 Registration process for user who chooses to register
1
Deciding whether to set a loss limit
2
(1) A precommitment system for a State or Territory must require a
3
person, who chooses to register for the State or Territory through
4
that system, as part of the registration process:
5
(a) to indicate whether or not the person chooses to set a loss
6
limit for the State or Territory; and
7
(b) if the person chooses to set such a limit--to set a loss limit
8
for the State or Territory.
9
Note 1:
A person may set a loss limit of $0 (see section 24).
10
Note 2:
For additional rules in relation to registration, see subsections 28(2) to
11
(4).
12
Limit periods
13
(2) A precommitment system for a State or Territory must, as part of
14
the registration process, provide a person who chooses to register
15
for the State or Territory through the system with a limit period for
16
the State or Territory.
17
Note:
The limit period must comply with section 25.
18
Information to be provided--if loss limit set
19
(3) If a person chooses to set a loss limit for a State or Territory, the
20
precommitment system for the State or Territory must inform the
21
person of the following, as part of the registration process:
22
(a) that the person's loss limit for the State or Territory applies
23
for the person's limit period for the State or Territory;
24
(b) when the person's first limit period for the State or Territory
25
starts;
26
(c) that each limit period for the State or Territory starts
27
immediately after the previous limit period ends (unless the
28
system allows a person to change when a person's limit
29
period starts).
30
Chapter 2 National gambling reforms
Part 2 Precommitment systems
Division 1 Registration through precommitment system for user who chooses to register
Section 23
24 National Gambling Reform Bill 2012 No. , 2012
Information to be provided--if no loss limit set
1
(4) If a person does not choose to set a loss limit for a State or
2
Territory, the precommitment system for the State or Territory
3
must inform the person, as part of the registration process:
4
(a) that the person has chosen not to set a loss limit for the State
5
or Territory; and
6
(b) that the person may change this decision at any time.
7
Regulations
8
(5) The regulations may prescribe requirements relating to the form,
9
frequency, content and position of the information provided for the
10
purposes of subsection (3) or (4).
11
23 Identification requirements during registration for user who
12
chooses to register
13
(1) A precommitment system for a State or Territory may use a
14
signature or photograph to identify a person who chooses to
15
register through the precommitment system.
16
(2) A precommitment system for a State or Territory must not use
17
biometric processes to identify a person who chooses to register
18
through the precommitment system.
19
(3) The regulations may:
20
(a) prescribe a manner of identifying a person who chooses to
21
register through a precommitment system for a State or
22
Territory (subject to subsection (2)); and
23
(b) prohibit a manner of identifying a person who chooses to
24
register through a precommitment system for a State or
25
Territory.
26
(4) A precommitment system for a State or Territory must comply
27
with regulations made for the purposes of subsection (3).
28
24 Exclusion from system--setting a loss limit of $0
29
(1) A person may, through a precommitment system for a State or
30
Territory, set a loss limit for the State or Territory of $0.
31
National gambling reforms Chapter 2
Precommitment systems Part 2
Registration through precommitment system for user who chooses to register Division 1
Section 25
National Gambling Reform Bill 2012 No. , 2012 25
Note:
The effect of a person setting such a loss limit is that the person may
1
be prevented from using a gaming machine as a registered user (see
2
section 32).
3
(2) The regulations may prescribe requirements for precommitment
4
systems in relation to persons who set loss limits of $0.
5
25 Requirements for limit periods for user who chooses to register
6
(1) A precommitment system for a State or Territory must ensure that
7
a person's limit period for that State or Territory complies at all
8
times with this section.
9
Length of limit period
10
(2) Every limit period must be at least 24 hours (including a limit
11
period during which a person makes a change referred to in
12
section 27).
13
(3) A precommitment system for a State or Territory may (but does
14
not have to) allow the person to nominate the length of his or her
15
limit period for the State or Territory (subject to subsection (2)).
16
(4) If a precommitment system for a State or Territory does not allow a
17
person to nominate the length of his or her limit period for the
18
State or Territory, the limit period must be 24 hours.
19
Starting time for limit periods
20
(5) A person's first limit period may start:
21
(a) at a time nominated by the person; or
22
(b) at a time set by the precommitment system for the State or
23
Territory through which the person is registering.
24
(6) A precommitment system for a State or Territory may allow the
25
person to change the time at which a later limit period for the State
26
or Territory starts.
27
(7) A person's limit period for a State or Territory (other than a
28
person's first limit period, or later limit period whose start time has
29
been changed as referred to in subsection (6)) must start
30
immediately after the previous limit period ends.
31
Chapter 2 National gambling reforms
Part 2 Precommitment systems
Division 1 Registration through precommitment system for user who chooses to register
Section 26
26 National Gambling Reform Bill 2012 No. , 2012
26 Changing, revoking and setting loss limits and limit periods after
1
initial registration
2
Loss limits
3
(1) A precommitment system for a State or Territory must allow a
4
person who is registered for the State or Territory to do the
5
following:
6
(a) if the person has a loss limit for the State or Territory:
7
(i) to change the amount of the person's loss limit; or
8
(ii) to revoke the person's loss limit;
9
(b) if the person does not have a loss limit for the State or
10
Territory--to set a loss limit for the State or Territory.
11
Note 1:
The effect of revoking a loss limit for a State or Territory is that the
12
person has no loss limit for the State or Territory.
13
Note 2:
For when the changes may take effect, see section 27.
14
(2) If a person revokes a loss limit under subparagraph (1)(a)(ii), the
15
precommitment system must inform the person of the matters in
16
paragraphs 22(4)(a) and (b).
17
(3) If a person sets a loss limit under paragraph (1)(b) of this section,
18
the precommitment system must inform the person of the matters
19
in paragraphs 22(3)(a) to (c).
20
Limit periods
21
(4) A precommitment system for a State or Territory that allows a
22
person to nominate the length of his or her limit period for the
23
State or Territory must allow the person to change the length of
24
that limit period (subject to subsection 25(2)).
25
27 When changes to loss limits or limit periods may take effect
26
(1) This section applies in relation to a person who is registered for a
27
State or Territory.
28
National gambling reforms Chapter 2
Precommitment systems Part 2
Registration through precommitment system for user who chooses to register Division 1
Section 27
National Gambling Reform Bill 2012 No. , 2012 27
Loosening limits
1
(2) If any of the following changes are made through a precommitment
2
system for the State or Territory during the person's limit period
3
for the State or Territory, the precommitment system must prevent
4
the change from taking effect until after the end of the limit period:
5
(a) an increase in the person's loss limit for the State or
6
Territory;
7
(b) a decrease in the length of the person's limit period for the
8
State or Territory;
9
(c) the revocation of the person's loss limit for the State or
10
Territory.
11
Tightening limits
12
(3) If any of the following changes are made through a precommitment
13
system for the State or Territory during the person's limit period
14
for the State or Territory, the precommitment system must enable
15
the change to take effect as soon as practicable:
16
(a) a decrease in the person's loss limit for the State or Territory;
17
(b) an increase in the person's limit period for the State or
18
Territory;
19
(c) the setting by the person of a loss limit for the State or
20
Territory.
21
(4) To avoid doubt, a change referred to in subsection (3) may (subject
22
to subsection 25(2)) take effect before the end of a limit period.
23
24
Chapter 2 National gambling reforms
Part 2 Precommitment systems
Division 2 Precommitment system requirements if a person chooses to use a gaming
machine as a registered user
Section 28
28 National Gambling Reform Bill 2012 No. , 2012
Division 2--Precommitment system requirements if a
1
person chooses to use a gaming machine as a
2
registered user
3
28 Registration of registered user to comply with requirements
4
(1) A precommitment system for a gaming machine that is located in a
5
State or Territory must prevent a person from using the machine as
6
a registered user if:
7
(a) the person is registered for the State or Territory; and
8
(b) the person's registration for the State or Territory does not
9
comply with this section.
10
Note:
A person is not required to be registered (see subsection 21(1)).
11
Requirements for registration
12
(2) The precommitment system for the State or Territory through
13
which the person registered must be an approved precommitment
14
system.
15
Note:
For approvals of precommitment systems, see Division 2 of Part 5.
16
(3) The person must have no other registrations for the State or
17
Territory through that or any other precommitment system for the
18
State or Territory.
19
(4) The person's registration through the precommitment system for
20
the State or Territory must have complied with sections 22 to 25.
21
29 Identification of registered user
22
(1) A person who chooses to use, as a registered user, a gaming
23
machine that is located in a State or Territory must identify himself
24
or herself to the precommitment system for the gaming machine, in
25
accordance with this section, as registered for the State or
26
Territory.
27
(2) The precommitment system must prevent the person from using
28
the machine as a registered user unless the person has done so.
29
National gambling reforms Chapter 2
Precommitment systems Part 2
Precommitment system requirements if a person chooses to use a gaming machine as a
registered user Division 2
Section 30
National Gambling Reform Bill 2012 No. , 2012 29
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
30 Monitoring and transmitting expenditure and winnings for
13
registered user
14
(1) This section applies if a person uses, as a registered user, a gaming
15
machine that is located in a State or Territory.
16
(2) The precommitment system for the gaming machine must monitor
17
the following:
18
(a) each amount of money or credit that the person spends using
19
that machine during the person's session of use as a
20
registered user;
21
(b) each amount of money or credit that the person wins from
22
that machine during the person's session of use as a
23
registered user.
24
Note:
An amount includes a nil amount (see the definition of amount in
25
section 5).
26
(3) At the end of the person's session of use, as a registered user, of
27
the gaming machine, the precommitment system for the gaming
28
machine must transmit the totals of the amounts referred to in
29
paragraphs (2)(a) and (b) in accordance with the regulations.
30
(4) If the person's limit period ends before his or her session of use, as
31
a registered user, the totals transmitted under subsection (3) must
32
be transmitted at the end of the person's session of use in relation
33
Chapter 2 National gambling reforms
Part 2 Precommitment systems
Division 2 Precommitment system requirements if a person chooses to use a gaming
machine as a registered user
Section 31
30 National Gambling Reform Bill 2012 No. , 2012
to each limit period (or any part of any limit period) that occurs
1
during the person's session of use.
2
31 Precommitment information for registered user
3
(1) A precommitment system for a gaming machine that is located in a
4
State or Territory must provide information in accordance with this
5
section if a person who is registered for the State or Territory uses
6
the gaming machine as a registered user.
7
Information if loss limit set
8
(2) If the person has a loss limit for the State or Territory, then, at the
9
time the person begins to use the gaming machine as a registered
10
user, the precommitment system must inform the person of the
11
following:
12
(a) the person's loss limit for the State or Territory;
13
(b) the person's limit period for the State or Territory;
14
(c) the amount that is remaining of the person's loss limit for the
15
current limit period;
16
(d) any other information prescribed by the regulations.
17
(3) In addition to the information provided under subsection (2), the
18
precommitment system may also inform the person under this
19
section of the following:
20
(a) the length of time since the person last set or changed his or
21
her loss limit for the State or Territory;
22
(b) if the system allows the person to nominate a limit period--
23
the length of time since the person last nominated or changed
24
his or her limit period for the State or Territory.
25
Information if no loss limit set
26
(4) If the person does not have a loss limit for the State or Territory,
27
then, at the time the person begins to use the gaming machine as a
28
registered user, the precommitment system must inform the person
29
of the following:
30
(a) the length of time since the person last decided not to have a
31
loss limit for the State or Territory;
32
(b) any other information prescribed by the regulations.
33
National gambling reforms Chapter 2
Precommitment systems Part 2
Precommitment system requirements if a person chooses to use a gaming machine as a
registered user Division 2
Section 32
National Gambling Reform Bill 2012 No. , 2012 31
Note:
For when a person decides not have a loss limit for a State or
1
Territory, see section 5.
2
Information during use
3
(5) If the person uses the gaming machine as a registered user for at
4
least the period of time prescribed by the regulations (whether or
5
not the person has a loss limit for the State or Territory), the
6
precommitment system must inform the person of the following:
7
(a) the person's net losses for the State or Territory during his or
8
her current limit period for the State or Territory;
9
(b) if the person has a loss limit--the amount that is remaining of
10
the person's loss limit for the current limit period;
11
(c) in any case--any other information prescribed by the
12
regulations.
13
Regulations
14
(6) The regulations may prescribe requirements relating to information
15
provided for the purposes of this section (including, without
16
limitation, in relation to the form, frequency, content and position
17
of such information).
18
32 No use of gaming machine by registered user after loss limit
19
reached
20
Preventing a registered user from continuing to use a gaming
21
machine
22
(1) A precommitment system for a gaming machine that is located in a
23
State or Territory must prevent a person from continuing to use the
24
gaming machine as a registered user if:
25
(a) the person has a loss limit for the State or Territory; and
26
(b) the person uses the gaming machine as a registered user; and
27
(c) during the person's limit period for the State or Territory, the
28
person's loss limit for the State or Territory is reached (see
29
subsection (3)).
30
Note:
The person may use a gaming machine located in the State or
31
Territory as a registered user once the person's current limit period for
32
the State or Territory has ended.
33
Chapter 2 National gambling reforms
Part 2 Precommitment systems
Division 2 Precommitment system requirements if a person chooses to use a gaming
machine as a registered user
Section 32
32 National Gambling Reform Bill 2012 No. , 2012
(2) The person must be prevented from continuing to use the gaming
1
machine as a registered user as soon as the person's loss limit for
2
the State or Territory is first reached (see subsection (3)).
3
(3) A person's loss limit for a State or Territory is reached if:
4
(a) the person makes a bet on a gaming machine that is located
5
in the State or Territory; and
6
(b) after the bet is made, the person's net losses for the State or
7
Territory during the person's limit period for the State or
8
Territory equal or exceed the person's loss limit for the State
9
or Territory.
10
Preventing a registered user from using a gaming machine
11
(4) A precommitment system for a gaming machine that is located in a
12
State or Territory must prevent a person from using the gaming
13
machine as a registered user if:
14
(a) during the person's current limit period for the State or
15
Territory, the person was, under subsection (1), prevented
16
from continuing to use a gaming machine that is located in
17
the State or Territory; or
18
(b) the person has a loss limit of $0 for the State or Territory.
19
National gambling reforms Chapter 2
Precommitment systems Part 2
Other requirements for precommitment systems Division 3
Section 33
National Gambling Reform Bill 2012 No. , 2012 33
Division 3--Other requirements for precommitment
1
systems
2
33 Capability requirement for precommitment systems
3
(1) As part of the requirements set out in this Part, a precommitment
4
system for a gaming machine that is located in a State or Territory
5
must have the capability to prevent a person who is not registered
6
for the State or Territory from using the gaming machine.
7
(2) To avoid doubt, although the precommitment system is required to
8
have this capability, the precommitment system is not actually
9
required to prevent a person who is not registered for the State or
10
Territory from using the gaming machine unless amendments are
11
made to this Act requiring this.
12
34 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 (if any) for the State or Territory;
20
(b) the length of time since the person last:
21
(i) set or changed his or her loss limit; or
22
(ii) decided not to have a loss limit for the State or
23
Territory;
24
(c) the amount of money or credit that the person has spent
25
using, and won from, gaming machines in the State or
26
Territory that the person has used as a registered user during:
27
(i) the previous 12 months; and
28
(ii) the person's current limit period for the State or
29
Territory;
30
(d) the number of times during the previous 12 months that the
31
person was prevented under section 32 from using, or
32
continuing to use, a gaming machine as a registered user.
33
Chapter 2 National gambling reforms
Part 2 Precommitment systems
Division 3 Other requirements for precommitment systems
Section 35
34 National Gambling Reform Bill 2012 No. , 2012
Note 1:
For when a person decides not to have a loss limit for a State or
1
Territory, see section 5.
2
Note 2:
An amount includes a nil amount (see the definition of amount in
3
section 5).
4
Person must not be charged a fee
5
(3) A person who is provided with a transaction statement must not be
6
charged a fee for the transaction statement.
7
Regulations
8
(4) The regulations may prescribe requirements in relation to
9
transaction statements.
10
35 Additional requirements for precommitment systems in
11
regulations
12
(1) The regulations may prescribe additional requirements in relation
13
to precommitment systems.
14
(2) This section is not limited by any other section in this Part.
15
Note:
However, the regulations may not prescribe requirements that are
16
inconsistent with the scheme established by this Part, such as
17
requiring all users of gaming machines to be registered for a State or
18
Territory.
19
36 No national database of protected information from
20
precommitment systems
21
A national database of protected information that has been
22
obtained from precommitment systems must not be established.
23
24
National gambling reforms Chapter 2
Dynamic warnings Part 3
Section 37
National Gambling Reform Bill 2012 No. , 2012 35
Part 3--Dynamic warnings
1
2
37 When a gaming machine is not compliant
3
A gaming machine is not compliant if the gaming machine does
4
not provide a warning in accordance with section 38.
5
38 Dynamic warnings
6
(1) A gaming machine must provide warnings electronically in
7
accordance with this section.
8
Note:
For a civil penalty provision for certain gaming machines that are not
9
compliant, see Part 2 of Chapter 3.
10
What warnings relate to
11
(2) The warnings must relate to:
12
(a) the use by a specific person of a gaming machine or gaming
13
machines; or
14
(b) the potential for harm from, and the cost of, using gaming
15
machines generally.
16
Relationship with section 31
17
(3) This section is not limited by section 31 (precommitment
18
information).
19
Regulations
20
(4) Without limiting subsection (1), the regulations may prescribe the
21
form, frequency, content and position of the warnings.
22
(5) The regulations may prescribe any other requirements in relation to
23
warnings provided in accordance with this section.
24
Note:
However, the regulations may not prescribe requirements that are
25
inconsistent with this Part.
26
27
Chapter 2 National gambling reforms
Part 4 ATM withdrawal limit for gaming machine premises (other than casinos)
Section 39
36 National Gambling Reform Bill 2012 No. , 2012
Part 4--ATM withdrawal limit for gaming machine
1
premises (other than casinos)
2
3
39 ATM withdrawal limit for gaming machine premises (other than
4
casinos)
5
(1) An automatic teller machine that is on gaming machine premises
6
must not allow a person to withdraw more than the cash limit.
7
Note 1:
For civil penalty provisions for automatic teller machines that do not
8
comply with this section, see Part 3 of Chapter 3.
9
Note 2:
This section is not intended to affect a law of a State or Territory that
10
is capable of operating concurrently (see section 11). An example of
11
such a law is a law that prohibits automatic teller machines from being
12
on gaming machine premises.
13
When a person withdraws more than the cash limit
14
(2)
A
person
withdraws more than the cash limit from an automatic
15
teller machine that is on premises if, after the person withdraws
16
cash from the automatic teller machine, the person has withdrawn,
17
using any one card, more than $250 cash in total in a period of 24
18
hours from that or any other automatic teller machine that is on the
19
premises.
20
Note:
For indexation of the cash amount, see section 40.
21
Casinos exempt
22
(3) This Part does not apply in relation to premises that are (or are part
23
of premises that are) licensed or approved as a casino in the State
24
or Territory where the premises are located.
25
Note:
For other exemptions from this Part, see Division 1 of Part 5.
26
40 Indexation
27
(1) The regulations may specify:
28
(a) an index for the purposes of this section; and
29
(b) the manner of working out an increase in the amount of cash
30
mentioned in subsection 39(2) by reference to the movement
31
of that index over the year ending each 31 December.
32
National gambling reforms Chapter 2
ATM withdrawal limit for gaming machine premises (other than casinos) Part 4
Section 41
National Gambling Reform Bill 2012 No. , 2012 37
(2) The amount of cash referred to in subsection 39(2), for a year in
1
which there is an increase in the specified index, is increased in the
2
manner prescribed by the regulations.
3
41 Anti-avoidance--determination of gaming machine premises
4
(1) The Regulator may make a determination under this section if:
5
(a) at any time after this Act commences, a person provides an
6
automatic teller machine at a place; and
7
(b) it would be concluded that the person who provided the
8
automatic teller machine at that place did so for the sole or
9
dominant purpose of enabling a person (the beneficiary) to
10
avoid the operation of this Part or Part 3 of Chapter 3 (civil
11
penalty provisions), having regard to the following matters:
12
(i) the place at which, and the manner in which, the
13
automatic teller machine was provided;
14
(ii) the time when automatic teller machine began to be
15
provided at that place.
16
Note 1:
For review of a decision to make a determination, see sections 198 and
17
199.
18
Note 2:
This section applies whether a person provides an automatic teller
19
machine alone or together with others (see section 8).
20
Determination of gaming machine premises
21
(2) For the purposes of this Part, and any other provision of this Act to
22
the extent that it relates to this Part, the Regulator may, in writing,
23
determine that the place is, or is part of, gaming machine premises.
24
(3) A determination under subsection (2) is not a legislative
25
instrument.
26
(4) For the purposes of subsection (1), it is immaterial whether the
27
beneficiary is the person mentioned in paragraph (1)(a).
28
29
Chapter 2 National gambling reforms
Part 5 Provisions related to national gambling reforms
Division 1 Exemptions from ATM withdrawal limit
Section 42
38 National Gambling Reform Bill 2012 No. , 2012
Part 5--Provisions related to national gambling
1
reforms
2
Division 1--Exemptions from ATM withdrawal limit
3
42 Exemptions from ATM withdrawal limit--regulations
4
(1) The regulations may prescribe premises which are exempt from the
5
operation of Part 4 of this Chapter (ATM withdrawal limit).
6
Note:
For the effect of an exemption on a State or Territory law, see
7
section 45.
8
(2) The regulations may also prescribe conditions that must be
9
complied with in order for the premises to be exempt.
10
43 Exemptions from ATM withdrawal limit--application to
11
Regulator
12
(1) A person who occupies gaming machine premises may apply to the
13
Regulator for the premises to be exempt from the operation of
14
Part 4 of this Chapter (ATM withdrawal limit).
15
Note:
For the effect of an exemption on a State or Territory law, see
16
section 45.
17
(2) An application must be in the approved form.
18
(3) The Regulator may exempt those premises, in writing, from the
19
operation of that Part if the Regulator is satisfied that compliance
20
with the Part will cause unreasonable inconvenience to members of
21
the community where the premises are located.
22
Note:
For review of a decision to refuse to grant an exemption, see
23
sections 198 and 199.
24
(4) The Regulator may specify, in the exemption, conditions that must
25
be satisfied in order for the exemption to apply.
26
Note:
For review of a decision to specify conditions, see sections 198 and
27
199.
28
(5) The Regulator may, in writing, vary or revoke a condition specified
29
under subsection (4).
30
National gambling reforms Chapter 2
Provisions related to national gambling reforms Part 5
Exemptions from ATM withdrawal limit Division 1
Section 44
National Gambling Reform Bill 2012 No. , 2012 39
Note:
For review of a decision to vary a condition, see sections 198 and 199.
1
(6) An exemption is not a legislative instrument.
2
44 Process for deciding exemptions
3
(1) In deciding whether to grant an exemption under section 43, the
4
Regulator must have regard to the following matters:
5
(a) the object of this Act (see section 4);
6
(b) any other facilities (whether an automatic teller machine or
7
otherwise) members of the community have for withdrawing
8
cash;
9
(c) any other matter the Regulator considers appropriate.
10
(2) Before deciding whether to grant an exemption under section 43,
11
the Regulator may consult with any of the following that the
12
Regulator considers is appropriate:
13
(a) a State government agency;
14
(b) a local government agency;
15
(c) a community group;
16
(d) an individual within the community;
17
(e) any other person or body.
18
45 Effect of exemptions on State or Territory law
19
To avoid doubt, the fact that premises are exempt under this
20
Division is not intended to exclude or limit the operation of a law
21
of a State or Territory that is capable of operating concurrently
22
with this Act.
23
24
Chapter 2 National gambling reforms
Part 5 Provisions related to national gambling reforms
Division 2 Approvals and licences for precommitment systems
Section 46
40 National Gambling Reform Bill 2012 No. , 2012
Division 2--Approvals and licences for precommitment
1
systems
2
Subdivision A--Approving precommitment systems
3
46 Applications for approvals
4
A licensed provider of a precommitment system (the applicant)
5
may apply to the Regulator for approval of:
6
(a) the precommitment system for a State or Territory; or
7
(b) a variation to the approved terms and conditions for the
8
precommitment system for a State or Territory.
9
47 Form of applications
10
(1) An application under this Subdivision must:
11
(a) be in the approved form; and
12
(b) be accompanied by any other documents or information
13
prescribed by the regulations; and
14
(c) be accompanied by the fee (if any) prescribed by the
15
regulations; and
16
(d) for an application to approve a precommitment system for a
17
State or Territory--be accompanied by the terms and
18
conditions on which the precommitment system would be
19
provided; and
20
(e) for an application to approve a variation to the approved
21
terms and conditions for a precommitment system for a State
22
or Territory--be accompanied by the variation to the
23
approved terms and conditions for the precommitment
24
system.
25
(2) A fee prescribed under paragraph (1)(c) must not be such as to
26
amount to taxation.
27
48 Requiring further information
28
(1) The Regulator may, by notice given to an applicant, require the
29
applicant to provide to the Regulator any other document, or
30
National gambling reforms Chapter 2
Provisions related to national gambling reforms Part 5
Approvals and licences for precommitment systems Division 2
Section 49
National Gambling Reform Bill 2012 No. , 2012 41
information, that the Regulator thinks necessary in order to form an
1
opinion whether to grant an approval under this Subdivision.
2
(2) The Regulator is not required to make a decision under this
3
Subdivision until the document or information required under
4
subsection (1) has been provided.
5
49 Amendment and withdrawal of applications
6
Amending applications
7
(1) An applicant may amend an application at any time before the
8
Regulator makes a decision on the application.
9
(2) An applicant must not be charged a fee for amending an
10
application.
11
Withdrawing applications
12
(3) An applicant may withdraw an application at any time before the
13
Regulator makes a decision on the application.
14
(4) Subsection (3) does not prevent the applicant from making a fresh
15
application.
16
(5) The Regulator must, on behalf of the Commonwealth, refund any
17
application fee that has been paid by an applicant who withdraws
18
an application.
19
50 Testing precommitment systems
20
(1) For the purposes of determining whether a precommitment system
21
complies with the requirements of Part 2 of this Chapter, the
22
Regulator may require the system to be tested in accordance with a
23
procedure prescribed by the regulations.
24
(2) Without limiting subsection (1), the regulations may provide for a
25
scheme (including any fees payable in relation to such a scheme) to
26
license the persons who are to test precommitment systems in
27
accordance with a procedure prescribed by the regulations.
28
Chapter 2 National gambling reforms
Part 5 Provisions related to national gambling reforms
Division 2 Approvals and licences for precommitment systems
Section 51
42 National Gambling Reform Bill 2012 No. , 2012
51 Approving precommitment systems and variations to approved
1
terms and conditions
2
Approving precommitment systems
3
(1) The Regulator may (subject to subsection (2)) approve, in writing,
4
a precommitment system for a State or Territory if the Regulator is
5
satisfied that:
6
(a) an application has been made to approve the precommitment
7
system for the State or Territory, and any fee prescribed by
8
the regulations has been paid for the application; and
9
(b) the precommitment system complies with the requirements of
10
Part 2 of this Chapter; and
11
(c) the terms and conditions on which the precommitment
12
system would be provided are reasonable, taking into account
13
the matters prescribed by the regulations.
14
Note:
For review of a decision to refuse to approve a precommitment system
15
for a State or Territory, see sections 198 and 199.
16
(2) The Regulator may (under subsection (1)) refuse to approve a
17
precommitment system for a State or Territory if the Regulator is
18
satisfied that, despite the precommitment system complying with
19
the requirements of Part 2 of this Chapter, the precommitment
20
system includes one or more features that are incompatible with the
21
object of this Act (see section 4).
22
(3) If the Regulator approves a precommitment system for a State or
23
Territory under subsection (1), the Regulator is taken to have
24
approved the terms and conditions on which the precommitment
25
system would be provided.
26
Note:
For a civil penalty provision for providing a precommitment system
27
for a State or Territory on terms and conditions other than the
28
approved terms and conditions, see section 55.
29
Approving variations of approved terms and conditions
30
(4) The Regulator may approve, in writing, a variation to the approved
31
terms and conditions for a precommitment system for a State or
32
Territory if the Regulator is satisfied that those terms and
33
conditions as varied are reasonable, taking into account the matters
34
prescribed by the regulations.
35
National gambling reforms Chapter 2
Provisions related to national gambling reforms Part 5
Approvals and licences for precommitment systems Division 2
Section 52
National Gambling Reform Bill 2012 No. , 2012 43
Note:
For review of a decision to refuse to approve a variation to the
1
approved terms and conditions for a precommitment system for a
2
State or Territory, see sections 198 and 199.
3
52 Notification of approvals
4
Giving copies of approvals of precommitment systems
5
(1) As soon as practicable after giving an approval for a
6
precommitment system for a State or Territory under subsection
7
51(1), the Regulator must give the applicant a copy of the
8
approval.
9
(2) The approval must set out the approved terms and conditions for
10
the precommitment system.
11
Approving varied terms and conditions
12
(3) If the Regulator approves a variation to the approved terms and
13
conditions for a precommitment system for a State or Territory, the
14
Regulator must vary the approval of the precommitment system to
15
include the variation to the approved terms and conditions.
16
Length of approvals of precommitment system
17
(4) An approval of a precommitment system for a State or Territory
18
has effect for 10 years (unless it is revoked earlier).
19
Publishing approvals
20
(5) The Regulator must publish a copy of an approval of a
21
precommitment system for a State or Territory (including an
22
approval as varied under subsection (3)) by any means the
23
Regulator considers appropriate.
24
53 Changes to precommitment requirements
25
To avoid doubt, a change to regulations made for the purposes of
26
Part 2 of this Chapter applies to any approved precommitment
27
system.
28
Chapter 2 National gambling reforms
Part 5 Provisions related to national gambling reforms
Division 2 Approvals and licences for precommitment systems
Section 54
44 National Gambling Reform Bill 2012 No. , 2012
54 Revocation of approvals
1
(1) The Regulator may revoke an approval of a precommitment system
2
for a State or Territory if the Regulator is satisfied that:
3
(a) the precommitment system does not comply with the
4
requirements of Part 2 of this Chapter; or
5
(b) despite the precommitment system complying with the
6
requirements of Part 2 of this Chapter, the precommitment
7
system includes one or more features that are incompatible
8
with the object of this Act (see section 4); or
9
(c) the precommitment system is being provided on terms and
10
conditions other than the approved terms and conditions.
11
Note:
For review of a decision to revoke an approval of a precommitment
12
system for a State or Territory, see sections 198 and 199.
13
(2) The Regulator must publish a notice revoking an approval of a
14
precommitment system for a State or Territory by any means the
15
Regulator considers appropriate.
16
55 Civil penalty for failing to provide precommitment system in
17
accordance with approved terms and conditions
18
A licensed provider of a precommitment system, that is a
19
constitutional corporation, must not provide an approved
20
precommitment system on terms and conditions other than the
21
approved terms and conditions.
22
Civil penalty:
200 penalty units.
23
Subdivision B--Licences for providing etc. precommitment
24
systems
25
56 Regulations may provide in relation to licensing persons who
26
provide etc. precommitment systems
27
(1) The regulations may provide a scheme (including any fees payable
28
in relation to such a scheme) to license persons who may provide
29
precommitment systems for gaming machines.
30
National gambling reforms Chapter 2
Provisions related to national gambling reforms Part 5
Approvals and licences for precommitment systems Division 2
Section 56
National Gambling Reform Bill 2012 No. , 2012 45
(2) The regulations may provide a scheme (including any fees payable
1
in relation to such a scheme) to license persons who may operate,
2
repair, maintain or install precommitment systems for gaming
3
machines.
4
5
Chapter 3 Civil penalty provisions for non-compliance with national gambling reforms
Part 1 Guide to this Chapter
Section 57
46 National Gambling Reform Bill 2012 No. , 2012
Chapter 3--Civil penalty provisions for
1
non-compliance with national
2
gambling reforms
3
Part 1--Guide to this Chapter
4
5
57 Guide to this Chapter
6
This Chapter contains civil penalty provisions in relation to gaming
7
machines and automatic teller machines that do not comply with
8
the requirements of Chapter 2.
9
Under Part 2 of this Chapter, a person may contravene a civil
10
penalty provision if the person makes a non-compliant gaming
11
machine available for use, and the gaming machine is:
12
(a)
made available for use by a constitutional
13
corporation; or
14
(b)
owned, or on premises occupied, by a
15
constitutional corporation (but only in certain
16
circumstances).
17
Under Part 3 of this Chapter, a person may contravene a civil
18
penalty provision for:
19
(a)
occupying gaming machine premises on which
20
there is a non-compliant automatic teller machine;
21
or
22
(b)
providing a non-compliant automatic teller
23
machine on gaming machine premises.
24
Part 2 of Chapter 8 has general provisions relating to civil penalty
25
provisions.
26
27
Civil penalty provisions for non-compliance with national gambling reforms Chapter 3
Gaming machines that do not comply with precommitment and dynamic warning
requirements Part 2
Section 58
National Gambling Reform Bill 2012 No. , 2012 47
Part 2--Gaming machines that do not comply with
1
precommitment and dynamic warning
2
requirements
3
4
58 Making non-compliant gaming machine available for use
5
(1) A person contravenes this subsection if:
6
(a) the person makes a gaming machine available for use (or
7
continues to make a gaming machine available for use) at a
8
particular time; and
9
(b) the gaming machine is not compliant at that time; and
10
(c) any of the following applies at that time:
11
(i) the person is a constitutional corporation;
12
(ii) the gaming machine is owned by a constitutional
13
corporation, and the person makes the gaming machine
14
available for use (or continues to make the gaming
15
machine available for use) as the agent of the
16
constitutional corporation;
17
(iii) the gaming machine is owned by a constitutional
18
corporation, and the person makes the gaming machine
19
available for use (or continues to make the gaming
20
machine available for use) for the purposes of, or in the
21
course of, conducting the constitutional corporation's
22
business or activities;
23
(iv) the gaming machine is located on premises occupied by
24
a constitutional corporation, and the person makes the
25
gaming machine available for use (or continues to make
26
the gaming machine available for use) for the purposes
27
of, or in the course of, conducting the constitutional
28
corporation's business or activities.
29
Civil penalty:
10 penalty units in relation to each day on
30
which the gaming machine is made available for use.
31
Note:
This subsection applies whether the person makes the gaming machine
32
available for use alone or together with others (see section 8).
33
Chapter 3 Civil penalty provisions for non-compliance with national gambling reforms
Part 2 Gaming machines that do not comply with precommitment and dynamic warning
requirements
Section 58
48 National Gambling Reform Bill 2012 No. , 2012
Exception--areas of Australia not covered by approved
1
precommitment systems
2
(2) Subsection (1) does not apply at a particular time if, at that time:
3
(a)
either:
4
(i) a gaming machine is made available for use in
5
Australia; or
6
(ii) a gaming machine is capable of being made available
7
for use in Australia in accordance with the law of the
8
State or Territory in which the gaming machine is
9
located; and
10
(b) there is not an approved precommitment system for a State or
11
Territory:
12
(i) that could operate in relation to that gaming machine;
13
and
14
(ii) that is available to be purchased.
15
Note:
For the definition of Australia, see section 5.
16
(3) Subsection (2) applies whether or not the gaming machine referred
17
to in that subsection is the one referred to in subsection (1), and
18
regardless of who makes, or would make, the gaming machine
19
available for use.
20
(4) For the purposes of paragraph (2)(b), an approved precommitment
21
system for a State or Territory could operate in relation to a gaming
22
machine even if the precommitment system is temporarily
23
unavailable as a result of an operational or technical issue.
24
Example: An example of an operational issue that causes a precommitment
25
system to be temporarily unavailable is a power outage.
26
Exception--lack of knowledge of non-compliance
27
(5) Subsection (1) does not apply at a particular time if, at that time:
28
(a) the gaming machine referred to in subsection (1) is not
29
compliant only because:
30
(i) the precommitment system for the gaming machine fails
31
to comply with one or more requirements of Part 2 of
32
Chapter 2; or
33
Civil penalty provisions for non-compliance with national gambling reforms Chapter 3
Gaming machines that do not comply with precommitment and dynamic warning
requirements Part 2
Section 58
National Gambling Reform Bill 2012 No. , 2012 49
(ii) the gaming machine fails to comply with one or more
1
requirements of Part 3 of Chapter 2; and
2
(b) the person does not know, and could not reasonably be
3
expected to know, that the precommitment system or gaming
4
machine does not comply with those requirements.
5
Exception--lack of fault in relation to non-compliance
6
(6) Subsection (1) does not apply at a particular time if, at that time:
7
(a) the gaming machine referred to in subsection (1) is not
8
compliant only because:
9
(i) the precommitment system for the gaming machine fails
10
to comply with one or more requirements of Part 2 of
11
Chapter 2; or
12
(ii) the gaming machine fails to comply with one or more
13
requirements of Part 3 of Chapter 2; and
14
(b) the failure is a result of an operational or technical issue; and
15
(c) the failure is not the fault of any person who makes the
16
gaming machine available for use; and
17
(d) remedying the failure is not within the control of any person
18
who makes the gaming machine available for use.
19
Evidential burden
20
(7) A person who chooses to rely on subsection (2), (5) or (6) in
21
proceedings for a civil penalty order bears an evidential burden in
22
relation to the matters in that subsection.
23
24
Chapter 3 Civil penalty provisions for non-compliance with national gambling reforms
Part 3 Automatic teller machines that do not comply with withdrawal limit requirements
Division 1 Constitutional provisions
Section 59
50 National Gambling Reform Bill 2012 No. , 2012
Part 3--Automatic teller machines that do not
1
comply with withdrawal limit requirements
2
Division 1--Constitutional provisions
3
59 Application of this Part
4
This Part applies to any automatic teller machine that dispenses
5
currency.
6
60 Additional operation of this Part
7
(1) Without prejudice to its effect apart from this section, this Part also
8
has effect as provided by this section.
9
(2) This Part has, by force of this subsection, the effect it would have
10
if references in this Part to a person who provides an automatic
11
teller machine were, by express provision, confined to:
12
(a) a bank (other than a State bank); or
13
(b) any other institution engaged in banking;
14
that provides an automatic teller machine in the course of banking
15
(within the meaning of section 51(xiii) of the Constitution).
16
(3) This Part has, by force of this subsection, the effect it would have
17
if references in this Part to a person who occupies premises, or a
18
person who provides an automatic teller machine, were, by express
19
provision, confined to a constitutional corporation.
20
61 Part not to apply to State banking
21
This Part does not apply with respect to State banking that does not
22
extend beyond the limits of the State concerned.
23
24
Civil penalty provisions for non-compliance with national gambling reforms Chapter 3
Automatic teller machines that do not comply with withdrawal limit requirements Part 3
Civil penalty provisions Division 2
Section 62
National Gambling Reform Bill 2012 No. , 2012 51
Division 2--Civil penalty provisions
1
62 Occupying premises containing non-compliant automatic teller
2
machine
3
A person contravenes this section if:
4
(a) the person occupies premises; and
5
(b) the premises are gaming machine premises; and
6
(c) the person allows another person to provide an automatic
7
teller machine on the premises; and
8
(d) the automatic teller machine would allow a person to
9
withdraw more than the cash limit.
10
Civil penalty:
5 penalty units in relation to each day on
11
which the automatic teller machine would allow a person
12
to withdraw more than the cash limit.
13
Note 1:
There is an exception to this section in section 65 (premises covered
14
by exemption and casinos).
15
Note 2:
This section applies whether the person occupies premises alone or
16
together with others (see section 8).
17
63 Providing non-compliant automatic teller machine
18
A person contravenes this section if:
19
(a) the person provides an automatic teller machine on premises;
20
and
21
(b) the premises are gaming machine premises; and
22
(c) the automatic teller machine would allow a person to
23
withdraw more than the cash limit.
24
Civil penalty:
10 penalty units in relation to each day on
25
which the automatic teller machine would allow a person
26
to withdraw more than the cash limit.
27
Note 1:
There is an exception to this section in section 65 (premises covered
28
by exemption and casinos).
29
Note 2:
This section applies whether the person provides an automatic teller
30
machine alone or together with others (see section 8).
31
Chapter 3 Civil penalty provisions for non-compliance with national gambling reforms
Part 3 Automatic teller machines that do not comply with withdrawal limit requirements
Division 2 Civil penalty provisions
Section 64
52 National Gambling Reform Bill 2012 No. , 2012
64 Civil penalty provision contravened without a person
1
withdrawing more than cash limit
2
To avoid doubt, a person can contravene section 62 or 63 whether
3
or not any person actually withdraws more than the cash limit.
4
65 Exception for premises covered by exemption and casinos
5
Exemptions
6
(1) Sections 62 and 63 do not apply in relation to a person who
7
occupies premises, or a person who provides an automatic teller
8
machine on premises, if:
9
(a) an exemption under section 42 or 43 applies in relation to the
10
premises; and
11
(b) if conditions are specified under subsection 42(2) or 43(4) in
12
order for an exemption to apply to those premises--those
13
conditions are complied with.
14
Casinos
15
(2) Sections 62 and 63 do not apply in relation to:
16
(a) a person who occupies premises; or
17
(b) a person who provides an automatic teller machine on
18
premises;
19
that are licensed or approved as a casino in the State or Territory
20
where the premises are located.
21
Evidential burden
22
(3) A person who chooses to rely on subsection (1) or (2) of this
23
section in proceedings for a civil penalty order bears an evidential
24
burden in relation to the matters in that subsection.
25
26
Privacy Chapter 4
Guide to this Chapter Part 1
Section 66
National Gambling Reform Bill 2012 No. , 2012 53
Chapter 4--Privacy
1
Part 1--Guide to this Chapter
2
3
66 Guide to this Chapter
4
Part 2 of this Chapter creates offences to protect information that
5
has been obtained under this Act, including information obtained
6
from precommitment systems, from unauthorised disclosure or use.
7
Staff and former staff of the Regulator, and any person who obtains
8
information from a precommitment system, and certain others, may
9
commit an offence for disclosing or using the information if the
10
disclosure or use is not authorised.
11
Disclosing information is authorised in a number of situations,
12
including for the purposes of this Act or law enforcement, or with
13
consent. Using information is authorised for the purposes of this
14
Act.
15
16
Chapter 4 Privacy
Part 2 Privacy
Division 1 Offences for unauthorised disclosure or use of protected information
Section 67
54 National Gambling Reform Bill 2012 No. , 2012
Part 2--Privacy
1
Division 1--Offences for unauthorised disclosure or use of
2
protected information
3
67 Offences for unauthorised disclosure or use of protected
4
information
5
Offence--entrusted persons
6
(1) A person commits an offence if:
7
(a) the person is an entrusted person; and
8
(b) the person has obtained protected information in the person's
9
capacity as such a person; and
10
(c)
the
person:
11
(i) discloses the information to another person; or
12
(ii) uses the information; and
13
(d) the disclosure or use is not an authorised disclosure or use.
14
Penalty: 120 penalty units or imprisonment for 2 years, or both.
15
Offence--information obtained from precommitment systems
16
(2) A person commits an offence if:
17
(a) the person obtains protected information from a
18
precommitment system; and
19
(b)
the
person:
20
(i) discloses the information to another person; or
21
(ii) uses the information; and
22
(c) the disclosure or use is not an authorised disclosure or use.
23
Penalty: 120 penalty units or imprisonment for 2 years, or both.
24
Offence--information obtained by authorised disclosure
25
(3) A person commits an offence if:
26
(a) the person obtains protected information by way of an
27
authorised disclosure; and
28
Privacy Chapter 4
Privacy Part 2
Offences for unauthorised disclosure or use of protected information Division 1
Section 67
National Gambling Reform Bill 2012 No. , 2012 55
(b) the person discloses the information to another person; and
1
(c) the disclosure is not an authorised disclosure.
2
Penalty: 120 penalty units or imprisonment for 2 years, or both.
3
Definition--entrusted person
4
(4) A person is an entrusted person if the person is or was:
5
(a) the Regulator; or
6
(b) an authorised person; or
7
(c) a person assisting an authorised person; or
8
(d) an officer or employee made available to assist the Regulator
9
under section 108; or
10
(e) a consultant engaged under section 109; or
11
(f) a person who is exercising powers, or performing functions,
12
under a delegation under section 200.
13
Definition--protected information
14
(5)
Information
is
protected information if:
15
(a) any of the following apply in relation to the information:
16
(i) the information is obtained by a person in the course of
17
performing duties or functions, or exercising powers,
18
under this Act;
19
(ii) the information is obtained by a person from a
20
precommitment system;
21
(iii) the information was information to which
22
subparagraph (i) or (ii) of this paragraph applied, and is
23
obtained by a person by way of an authorised
24
disclosure; and
25
(b) the information relates to a person other than the person who
26
obtained it.
27
Definition--authorised disclosure or use
28
(6) A disclosure or use of information is an authorised disclosure or
29
use if the disclosure or use is authorised under this Division (and a
30
disclosure of information is an authorised disclosure if the
31
disclosure is authorised under this Division).
32
Chapter 4 Privacy
Part 2 Privacy
Division 1 Offences for unauthorised disclosure or use of protected information
Section 67
56 National Gambling Reform Bill 2012 No. , 2012
Note:
An authorisation under this Division constitutes an authorisation for
1
the purposes of other laws, such as the Privacy Act 1988.
2
Definition--authorised disclosure information
3
(7) Information obtained by a person is authorised disclosure
4
information if:
5
(a) the information is protected information; and
6
(b) the information is obtained by the person by way of an
7
authorised disclosure.
8
9
Privacy Chapter 4
Privacy Part 2
Authorised disclosure or use by Regulator, other entrusted persons and others Division 2
Section 68
National Gambling Reform Bill 2012 No. , 2012 57
Division 2--Authorised disclosure or use by Regulator,
1
other entrusted persons and others
2
Subdivision A--Authorised disclosure or use by Regulator,
3
other entrusted persons and others
4
68 Authorised disclosure or use--official duties
5
Entrusted person
6
(1) An entrusted person may disclose or use protected information if:
7
(a) the disclosure or use is made for the purposes of this Act; and
8
(b) the person has not ceased to be a person of a kind referred to
9
in any of paragraphs 67(4)(a) to (f).
10
Information from precommitment systems
11
(2) A person who obtains protected information from a
12
precommitment system may disclose or use the information if the
13
disclosure or use is made for the purposes of this Act.
14
Authorised disclosure information
15
(3) A person who obtains authorised disclosure information may
16
disclose the information if the disclosure is made for the purposes
17
of this Act.
18
69 Who may disclose or use information in accordance with
19
sections 70 to 73
20
(1) The following persons may disclose protected information in
21
accordance with sections 70 to 73, or use protected information in
22
accordance with section 71:
23
(a) the Regulator (including any person who is performing
24
functions or exercising powers under any one or more of
25
those sections under a delegation);
26
(b) if the information is protected information obtained from a
27
precommitment system--the person who obtains the
28
protected information;
29
Chapter 4 Privacy
Part 2 Privacy
Division 2 Authorised disclosure or use by Regulator, other entrusted persons and others
Section 70
58 National Gambling Reform Bill 2012 No. , 2012
(c) if the information is authorised disclosure information--the
1
person who obtains the authorised disclosure information.
2
(2) However, an entrusted person is not authorised by paragraph (1)(b)
3
or (c) to disclose protected information in accordance with
4
sections 70 to 73, or use protected information in accordance with
5
section 71.
6
70 Authorised disclosure--law enforcement
7
(1) A person referred to in subsection 69(1) may disclose protected
8
information if:
9
(a) the person believes on reasonable grounds that the disclosure
10
is reasonably necessary for:
11
(i) the enforcement of the criminal law; or
12
(ii) the enforcement of a law imposing a pecuniary penalty;
13
or
14
(iii) the protection of the public revenue; and
15
(b) the information is disclosed to one of the following bodies:
16
(i) a Department, agency or authority of the
17
Commonwealth, a State or a Territory;
18
(ii) the Australian Federal Police, or a police force or police
19
service of a State or Territory; and
20
(c) the body's functions include that enforcement or protection.
21
Conditions
22
(2) The Regulator may, in writing, impose conditions to be complied
23
with in relation to particular protected information that is disclosed
24
under subsection (1).
25
(3) A person commits an offence if:
26
(a) the person is subject to a condition under subsection (2); and
27
(b) the person engages in conduct; and
28
(c) the person's conduct breaches the condition.
29
Penalty: 120 penalty units or imprisonment for 2 years, or both.
30
(4) An instrument under subsection (2) is not a legislative instrument.
31
Privacy Chapter 4
Privacy Part 2
Authorised disclosure or use by Regulator, other entrusted persons and others Division 2
Section 71
National Gambling Reform Bill 2012 No. , 2012 59
71 Authorised disclosure or use--consent
1
A person referred to in subsection 69(1) may disclose or use
2
protected information if the person to whom the information relates
3
consents to the disclosure or use (as the case requires).
4
72 Authorised disclosure--threat to life or health
5
A person referred to in subsection 69(1) may disclose protected
6
information if the disclosure is:
7
(a) necessary to prevent or lessen a serious and imminent threat
8
to the life or health of a person; and
9
(b) for the purposes of preventing or lessening that threat.
10
73 Authorised disclosure--publicly available information
11
A person referred to in subsection 69(1) may disclose protected
12
information if the information has already been lawfully made
13
publicly available.
14
Subdivision B--Authorised disclosure by Regulator
15
74 Authorised disclosure--Minister
16
The Regulator may disclose protected information to the Minister.
17
75 Authorised disclosure--Commonwealth, State and Territory
18
agencies
19
(1) The Regulator may disclose protected information if:
20
(a) the information consists of protected information that has
21
been de-identified; and
22
(b) the disclosure is to a Department, agency or authority of the
23
Commonwealth, a State or a Territory; and
24
(c) the disclosure is for the purposes of enabling or assisting that
25
Department, agency or authority to perform its functions or
26
exercise its powers.
27
Chapter 4 Privacy
Part 2 Privacy
Division 2 Authorised disclosure or use by Regulator, other entrusted persons and others
Section 76
60 National Gambling Reform Bill 2012 No. , 2012
Conditions
1
(2) The Regulator may, in writing, impose conditions to be complied
2
with in relation to particular protected information that is disclosed
3
under subsection (1).
4
(3) A person commits an offence if:
5
(a) the person is subject to a condition under subsection (2); and
6
(b) the person engages in conduct; and
7
(c) the person's conduct breaches the condition.
8
Penalty: 120 penalty units or imprisonment for 2 years, or both.
9
(4) An instrument under subsection (2) is not a legislative instrument.
10
76 Authorised disclosure--research
11
The Regulator may disclose protected information if:
12
(a) the information has been de-identified; and
13
(b) the information is disclosed to a person or body who
14
conducts research into gambling for the purposes of this Act.
15
77 Authorised disclosure--summaries and statistics
16
The Regulator may disclose:
17
(a) summaries of protected information; or
18
(b) statistics derived from protected information;
19
if those summaries or statistics are not likely to enable the
20
identification of a person.
21
22
Requirements for manufacturing and importing gaming machines Chapter 5
Guide to this Chapter Part 1
Section 78
National Gambling Reform Bill 2012 No. , 2012 61
Chapter 5--Requirements for manufacturing
1
and importing gaming machines
2
Part 1--Guide to this Chapter
3
4
78 Guide to this Chapter
5
Under this Chapter, a person may contravene a civil penalty
6
provision if:
7
(a)
the person is a constitutional corporation who
8
manufactures a gaming machine; or
9
(b)
the person imports a gaming machine;
10
that is not capable of providing for precommitment.
11
12
Chapter 5 Requirements for manufacturing and importing gaming machines
Part 2 Requirements for manufacturing and importing gaming machines
Section 79
62 National Gambling Reform Bill 2012 No. , 2012
Part 2--Requirements for manufacturing and
1
importing gaming machines
2
3
79 Manufacturing gaming machines
4
A person contravenes this section if:
5
(a) the person is a constitutional corporation; and
6
(b) the person manufactures a gaming machine; and
7
(c) the gaming machine does not comply with any one or more
8
requirements prescribed by the regulations in relation to the
9
capability of the gaming machine to provide for
10
precommitment.
11
Civil penalty:
10 penalty units.
12
Note:
This section applies whether the person manufactures the gaming
13
machine alone or together with others (see section 8).
14
80 Importing gaming machines
15
A person contravenes this section if:
16
(a) the person imports a gaming machine; and
17
(b) the gaming machine does not comply with any one or more
18
requirements prescribed by the regulations in relation to the
19
capability of the gaming machine to provide for
20
precommitment.
21
Civil penalty:
10 penalty units.
22
Note:
This section applies whether the person imports the gaming machine
23
alone or together with others (see section 8).
24
25
Liability for, and collection and recovery of, supervisory and gaming machine regulation
levies Chapter 6
Guide to this Chapter Part 1
Section 81
National Gambling Reform Bill 2012 No. , 2012 63
Chapter 6--Liability for, and collection and
1
recovery of, supervisory and gaming
2
machine regulation levies
3
Part 1--Guide to this Chapter
4
5
81 Guide to this Chapter
6
This Chapter deals with the supervisory levy and the gaming
7
machine regulation levy.
8
The purpose of the supervisory levy is to cover the costs to the
9
Commonwealth in relation to the administration of this Act, the
10
National Gambling Reform (Related Matters) Act (No. 1) 2012 and
11
the National Gambling Reform (Related Matters) Act (No. 2) 2012.
12
The supervisory levy is payable if a person makes a gaming
13
machine available for use at any time during a levy period. The
14
amount of the supervisory levy imposed by the National Gambling
15
Reform (Related Matters) Act (No. 1) 2012 is worked out in
16
accordance with a method prescribed by regulations made under
17
that Act.
18
The gaming machine regulation levy is payable if a person makes a
19
gaming machine available for use at any time during a levy period.
20
However, the gaming machine regulation levy is not payable in
21
certain cases, such as cases related to constitutional corporations or
22
if gaming machines comply with the requirements of Parts 2 and 3
23
of Chapter 2 (precommitment systems and dynamic warnings).
24
This Chapter also has rules about collecting and recovering the
25
levies.
26
27
Chapter 6 Liability for, and collection and recovery of, supervisory and gaming machine
regulation levies
Part 2 Liability for supervisory levy
Section 82
64 National Gambling Reform Bill 2012 No. , 2012
Part 2--Liability for supervisory levy
1
2
82 Purpose of supervisory levy
3
The purpose of the supervisory levy is to cover the costs to the
4
Commonwealth in relation to the administration of this Act, the
5
National Gambling Reform (Related Matters) Act (No. 1) 2012 and
6
the National Gambling Reform (Related Matters) Act (No. 2) 2012.
7
83 Liability for supervisory levy
8
An amount of supervisory levy is payable for a gaming machine
9
for a levy period if a person makes the gaming machine available
10
for use at any time during that period.
11
Note 1:
An amount of supervisory levy is not payable until regulations are
12
made under section 6 of the National Gambling Reform (Related
13
Matters) Act (No. 1) 2012 prescribing a method for working out the
14
amount.
15
Note 2:
For the collection and recovery of the supervisory levy, see Part 4.
16
Note 3:
This section applies whether the person makes the gaming machine
17
available for use alone or together with others (see section 8).
18
84 Who is liable to pay the supervisory levy
19
(1) An amount of supervisory levy is payable under section 83 for a
20
gaming machine for a levy period by a person (the licensee) who
21
holds, at any time during the levy period, an approval or licence
22
(however described) under a law of a State or Territory to operate
23
the gaming machine.
24
(2) If, during a levy period, there is no licensee in relation to a gaming
25
machine, an amount of supervisory levy is payable under
26
section 83 for the gaming machine for the levy period by the
27
person who makes the gaming machine available for use.
28
Note:
This subsection applies whether the person makes the gaming machine
29
available for use alone or together with others (see section 8).
30
(3) If more than one person is liable to pay an amount of levy under
31
subsection (1) or (2) of this section, then all such persons are
32
jointly liable to pay the amount of supervisory levy.
33
Liability for, and collection and recovery of, supervisory and gaming machine regulation
levies Chapter 6
Liability for supervisory levy Part 2
Section 84
National Gambling Reform Bill 2012 No. , 2012 65
Note:
For right of contribution if persons are jointly liable, see section 94.
1
(4) An agency (however described) of the Commonwealth, a State or a
2
Territory, or a body established for a public purpose by or under a
3
law of the Commonwealth, a State or a Territory, is not liable to
4
pay an amount of supervisory levy.
5
6
Chapter 6 Liability for, and collection and recovery of, supervisory and gaming machine
regulation levies
Part 3 Liability for gaming machine regulation levy
Section 85
66 National Gambling Reform Bill 2012 No. , 2012
Part 3--Liability for gaming machine regulation
1
levy
2
3
85 Liability for gaming machine regulation levy
4
(1) An amount of gaming machine regulation levy is payable for a
5
gaming machine for a levy period if:
6
(a) a person makes the gaming machine available for use during
7
the levy period; and
8
(b) at any one or more times during the levy period when the
9
gaming machine is made available for use, none of
10
subsections (2), (3), (4), (7) or (8) applies.
11
Note 1:
For the collection and recovery of the gaming machine regulation
12
levy, see Part 4.
13
Note 2:
This section applies whether the person makes the gaming machine
14
available for use alone or together with others (see section 8).
15
Exception--constitutional corporations
16
(2) This subsection applies at a particular time if, at that time,
17
paragraph 58(1)(c) applies to the person, or any of the persons,
18
who make the gaming machine available for use.
19
Note:
Paragraph 58(1)(c) applies to a person who is, or has certain
20
connections with, a constitutional corporation.
21
Exception--compliance with precommitment system and dynamic
22
warning requirements
23
(3) This subsection applies at a particular time if, at that time, the
24
gaming machine, and any precommitment system for the gaming
25
machine, comply with all of the requirements of Parts 2 and 3 of
26
Chapter 2 (precommitment systems and dynamic warnings).
27
Exception--areas of Australia not covered by approved
28
precommitment systems
29
(4) This subsection applies at a particular time if, at that time:
30
(a)
either:
31
Liability for, and collection and recovery of, supervisory and gaming machine regulation
levies Chapter 6
Liability for gaming machine regulation levy Part 3
Section 85
National Gambling Reform Bill 2012 No. , 2012 67
(i) a gaming machine is made available for use in
1
Australia; or
2
(ii) a gaming machine is capable of being made available
3
for use in Australia in accordance with the law of the
4
State or Territory in which the gaming machine is
5
located; and
6
(b) there is not an approved precommitment system for a State or
7
Territory:
8
(i) that could operate in relation to that gaming machine;
9
and
10
(ii) that is available to be purchased.
11
Note:
For the definition of Australia, see section 5.
12
(5) Subsection (4) applies whether or not the gaming machine referred
13
to in that subsection is the one referred to in subsection (1), and
14
regardless of who makes, or would make, the gaming machine
15
available for use.
16
(6) For the purposes of paragraph (4)(b), an approved precommitment
17
system for a State or Territory could operate in relation to a gaming
18
machine even if the precommitment system is temporarily
19
unavailable as a result of an operational or technical issue.
20
Example: An example of an operational issue that causes a precommitment
21
system to be temporarily unavailable is a power outage.
22
Exception--lack of knowledge of non-compliance
23
(7) This subsection applies at a particular time if, at that time:
24
(a)
either:
25
(i) the precommitment system for the gaming machine
26
referred to in subsection (1) fails to comply with one or
27
more requirements of Part 2 of Chapter 2; or
28
(ii) the gaming machine referred to in subsection (1) fails to
29
comply with one or more requirements of Part 3 of
30
Chapter 2; and
31
(b) the person who makes the gaming machine available for use
32
does not know, and could not reasonably be expected to
33
know, that the precommitment system or gaming machine
34
does not comply with those requirements.
35
Chapter 6 Liability for, and collection and recovery of, supervisory and gaming machine
regulation levies
Part 3 Liability for gaming machine regulation levy
Section 86
68 National Gambling Reform Bill 2012 No. , 2012
Exception--lack of fault in relation to non-compliance
1
(8) This subsection applies at a particular time if, at that time:
2
(a)
either:
3
(i) the precommitment system for the gaming machine
4
referred to in subsection (1) fails to comply with one or
5
more requirements of Part 2 of Chapter 2; or
6
(ii) the gaming machine referred to in subsection (1) fails to
7
comply with one or more requirements of Part 3 of
8
Chapter 2; and
9
(b) the failure is a result of an operational or technical issue; and
10
(c) the failure is not the fault of any person who makes the
11
gaming machine available for use; and
12
(d) remedying the failure is not within the control of any person
13
who makes the gaming machine available for use.
14
86 Who is liable to pay the gaming machine regulation levy
15
(1) An amount of gaming machine regulation levy is payable under
16
section 85 for a gaming machine for a levy period by any person
17
who is entitled to any of the gaming machine revenue from the
18
gaming machine for the period.
19
(2) For the purposes of subsection (1) of this section, in working out
20
the total amount of outgoings for the purposes of paragraph (b) of
21
the definition of gaming machine revenue, disregard any amounts
22
worked out under paragraph (c) of the definition of outgoings.
23
(3) If more than one person is entitled to any of the gaming machine
24
revenue, all such persons are jointly liable to pay the amount of
25
gaming machine regulation levy.
26
Note:
For right of contribution if persons are jointly liable, see section 94.
27
Entitlement to gaming machine revenue
28
(4) A person is liable to pay an amount of gaming machine regulation
29
levy under subsection (1) even if the person's entitlement to some
30
or all of the gaming machine revenue is not for the person's own
31
use or benefit.
32
Liability for, and collection and recovery of, supervisory and gaming machine regulation
levies Chapter 6
Liability for gaming machine regulation levy Part 3
Section 86
National Gambling Reform Bill 2012 No. , 2012 69
Public bodies
1
(5) An agency (however described) of the Commonwealth, a State or a
2
Territory, or a body established for a public purpose by or under a
3
law of the Commonwealth, a State or a Territory, is not liable to
4
pay an amount of gaming machine regulation levy.
5
6
Chapter 6 Liability for, and collection and recovery of, supervisory and gaming machine
regulation levies
Part 4 Collection and recovery of supervisory and gaming machine regulation levies
Division 1 Assessment of levies
Section 87
70 National Gambling Reform Bill 2012 No. , 2012
Part 4--Collection and recovery of supervisory and
1
gaming machine regulation levies
2
Division 1--Assessment of levies
3
87 Regulator may make assessment of levies
4
(1) At any time, the Regulator may make an assessment of levy for a
5
levy period.
6
(2) The Regulator may make an assessment under this section even if
7
he or she has already made an assessment for the levy period
8
concerned.
9
Note:
For review of a decision to make an assessment, see sections 198 and
10
199.
11
88 Request for assessment
12
(1) A person may request the Regulator to make an assessment of levy
13
for a levy period.
14
(2) The request must be in an approved form.
15
(3) The Regulator must comply with the request if it is made within:
16
(a) 4 years after the end of the levy period; or
17
(b) such further period as the Regulator allows.
18
89 Levy liabilities do not depend on assessment
19
A person's liability to pay a levy, and the time by which an amount
20
of levy must be paid, do not depend on, and are not in any way
21
affected by, the making of an assessment under this Division.
22
Note:
However, a notice of assessment can be used as evidence of liability
23
(see section 93).
24
90 Regulator must give notice of the assessment
25
The Regulator must give a person notice of an assessment as soon
26
as practicable after the assessment is made. However, failing to do
27
so does not affect the validity of the assessment.
28
Liability for, and collection and recovery of, supervisory and gaming machine regulation
levies Chapter 6
Collection and recovery of supervisory and gaming machine regulation levies Part 4
Assessment of levies Division 1
Section 91
National Gambling Reform Bill 2012 No. , 2012 71
91 Amendment of assessment
1
The Regulator may amend an assessment at any time. An amended
2
assessment is an assessment for all purposes of this Act.
3
Note:
For review of a decision to amend an assessment, see sections 198 and
4
199.
5
92 Later assessment prevails in case of inconsistency
6
If there is an inconsistency between assessments that relate to the
7
same levy period, the later assessment prevails to the extent of the
8
inconsistency.
9
93 Production of assessment is conclusive evidence
10
The production of a notice of assessment under this Division is
11
conclusive evidence:
12
(a) that the assessment was properly made; and
13
(b) except in proceedings brought in accordance with section 198
14
or 199 on a review relating to the assessment--that the
15
amounts and particulars in the assessment are correct.
16
17
Chapter 6 Liability for, and collection and recovery of, supervisory and gaming machine
regulation levies
Part 4 Collection and recovery of supervisory and gaming machine regulation levies
Division 2 Collection of levies
Section 94
72 National Gambling Reform Bill 2012 No. , 2012
Division 2--Collection of levies
1
94 Right of contribution if persons are jointly liable
2
(1) If 2 or more persons are jointly liable to pay an amount of levy,
3
they are each liable for the whole of the amount.
4
(2) If one of the persons has paid an amount of the liability, the person
5
may recover in a relevant court, as a debt, from another of those
6
persons:
7
(a) an amount equal to so much of the amount paid; and
8
(b) an amount equal to so much of the costs of recovery under
9
this section;
10
as the court considers just and equitable.
11
95 Returns
12
(1) A person must (subject to subsection (3)) lodge a return for a levy
13
period if:
14
(a) the person is liable to pay an amount of levy in relation to a
15
gaming machine for the levy period; or
16
(b) the person would have been liable to pay an amount of
17
gaming machine regulation levy in relation to the gaming
18
machine for the levy period but for the fact that the gaming
19
machine revenue from the gaming machine was nil or a
20
negative amount.
21
Note:
A person who fails to lodge a return might commit an offence under
22
section 101.
23
(2) The return must:
24
(a) be lodged with the Regulator; and
25
(b) be lodged before the end of 21 days after the end of the levy
26
period; and
27
(c) be in an approved form; and
28
(d) contain the information required by the form.
29
(3) A person is not required to lodge a return under subsection (1) in
30
relation to the supervisory levy if no regulations have been made
31
under the National Gambling Reform (Related Matters) Act (No. 1)
32
Liability for, and collection and recovery of, supervisory and gaming machine regulation
levies Chapter 6
Collection and recovery of supervisory and gaming machine regulation levies Part 4
Collection of levies Division 2
Section 96
National Gambling Reform Bill 2012 No. , 2012 73
2012 prescribing a method for working out the amount of
1
supervisory levy for a gaming machine for a levy period.
2
96 When levy due for payment
3
Levy payable by a person is due and payable 21 days after the end
4
of the levy period.
5
97 Late payment penalty
6
(1) If any levy payable by a person remains unpaid at the start of a
7
month after the levy became due for payment, the person is liable
8
to pay the Commonwealth, for that month, a penalty worked out
9
using the following formula:
10
0.2
Amount of the levy remaining
unpaid at the start of the month
12
×
11
(2) Late payment penalty for a month is due and payable at the end of
12
the month.
13
Specifying a later day for payment of late payment penalty
14
(3) However, the Regulator may, by written notice given to the person,
15
specify a later day as the day on which the late payment penalty is
16
due and payable.
17
Note:
For review of a decision not to specify a later day, see sections 198
18
and 199.
19
(4)
The
Regulator may specify a later day under subsection (3) before,
20
on or after the day on which late payment penalty would otherwise
21
be due and payable.
22
(5) A notice under subsection (3) has effect, and is taken always to
23
have had effect, according to its terms.
24
98 Payment of levy and late payment penalty
25
Levy and late payment penalty are payable to the Regulator on
26
behalf of the Commonwealth.
27
Chapter 6 Liability for, and collection and recovery of, supervisory and gaming machine
regulation levies
Part 4 Collection and recovery of supervisory and gaming machine regulation levies
Division 2 Collection of levies
Section 99
74 National Gambling Reform Bill 2012 No. , 2012
99 Recovery of levy and late payment penalty
1
(1) The following amounts may be recovered by the Commonwealth
2
from a person as debts due to the Commonwealth:
3
(a) levy that is due and payable by the person;
4
(b) late payment penalty that is due and payable by the person.
5
(2)
The
Regulator may, on behalf of the Commonwealth, recover a
6
debt of a kind mentioned in subsection (1) in a relevant court.
7
100 Refunds of overpayments of levy
8
(1)
The
Regulator may credit an amount of levy or late payment
9
penalty that has been overpaid by a person against a liability of the
10
person to pay another such amount under this Act.
11
(2)
The
Regulator must refund the amount to the person to the extent
12
that it is not so credited.
13
14
Liability for, and collection and recovery of, supervisory and gaming machine regulation
levies Chapter 6
Collection and recovery of supervisory and gaming machine regulation levies Part 4
Miscellaneous Division 3
Section 101
National Gambling Reform Bill 2012 No. , 2012 75
Division 3--Miscellaneous
1
101 Offence for failure to lodge a return
2
(1) A person commits an offence if:
3
(a) the person is required to lodge a return under section 95; and
4
(b) the person fails to lodge a return as required by that section.
5
Penalty: 50 penalty units.
6
Note:
A person who provides false or misleading information in a return
7
may commit an offence under section 137.2 of the Criminal Code.
8
(2) Subsection (1) does not apply if the person has a reasonable
9
excuse.
10
Note:
A defendant bears an evidential burden in relation to the matter in
11
subsection (2) (see subsection 13.3(3) of the Criminal Code).
12
(3) The offence created by subsection (1) is an offence of strict
13
liability.
14
Note:
For strict liability, see section 6.1 of the Criminal Code.
15
102 Regulations may provide in relation to assessment, collection
16
and recovery
17
The regulations may provide in relation to the assessment,
18
collection and recovery of the supervisory levy and the gaming
19
machine regulation levy.
20
21
Chapter 7 Monitoring and investigation
Part 1 Guide to this Chapter
Section 103
76 National Gambling Reform Bill 2012 No. , 2012
Chapter 7--Monitoring and investigation
1
Part 1--Guide to this Chapter
2
3
103 Guide to this Chapter
4
This Chapter provides for the monitoring and investigation of
5
compliance with this Act.
6
The Regulator monitors and investigates compliance. Part 2
7
establishes the Regulator and defines his or her functions and
8
powers. The Regulator appoints authorised persons under Part 3,
9
who exercise the monitoring and investigation powers in this
10
Chapter. The persons who may be appointed as authorised persons
11
are APS employees, or employees of agencies of a State or
12
Territory.
13
Authorised persons have powers under Part 4 to enter public areas
14
of gaming machine premises and observe practices relating to
15
gaming machines, precommitment systems and automatic teller
16
machines.
17
An authorised person may enter premises and exercise monitoring
18
powers under Part 5, to monitor compliance with this Act. Entry
19
must be with the occupier's consent or under a monitoring warrant.
20
An authorised person may enter premises and exercise
21
investigation powers under Part 6, if the person has reasonable
22
grounds for suspecting that there is evidential material on the
23
premises that is connected with a contravention of this Act. Entry
24
must be with the occupier's consent or under an investigation
25
warrant. Evidential material may be seized under a warrant.
26
Rules relevant to both monitoring and investigation, such as the
27
obligations and other powers of authorised persons when entering
28
premises, and the rights and responsibilities of occupiers, are in
29
Part 7.
30
Monitoring and investigation Chapter 7
Guide to this Chapter Part 1
Section 103
National Gambling Reform Bill 2012 No. , 2012 77
The Regulator can require a person to produce information or
1
documents under Part 8. Certain persons may also be required to
2
keep records of specified information relevant to this Act.
3
4
Chapter 7 Monitoring and investigation
Part 2 Regulator
Section 104
78 National Gambling Reform Bill 2012 No. , 2012
Part 2--Regulator
1
2
104 The Regulator
3
The
Regulator is the Secretary of the Department.
4
105 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
106 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
Monitoring and investigation Chapter 7
Regulator Part 2
Section 107
National Gambling Reform Bill 2012 No. , 2012 79
107 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
108 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
109 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
110 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
111 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
Chapter 7 Monitoring and investigation
Part 2 Regulator
Section 111
80 National Gambling Reform Bill 2012 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 under Chapter 8 (enforcement) in order to
11
enforce this Act;
12
(d) any other matter specified by the regulations.
13
14
Monitoring and investigation Chapter 7
Authorised persons Part 3
Section 112
National Gambling Reform Bill 2012 No. , 2012 81
Part 3--Authorised persons
1
2
112 Appointment of authorised persons
3
(1) The Regulator may, in writing, appoint one or more of the
4
following persons as an authorised person for the purposes of this
5
Act:
6
(a) an APS employee;
7
(b) an employee of an agency (however described) of a State or
8
Territory.
9
Note:
For the definition of APS employee, see section 2B of the Acts
10
Interpretation Act 1901.
11
Prerequisites to appointment
12
(2) The Regulator must not appoint a person as an authorised person
13
unless the Regulator is satisfied that:
14
(a) the person has suitable training or experience to properly
15
exercise the powers of an authorised person; and
16
(b) an assessment of the person's criminal history, and of other
17
matters relating to security, has been conducted in relation to
18
the person.
19
(3) The Regulator must not appoint an officer or employee of an
20
agency as an authorised person without the agreement of:
21
(a) if the agency is an agency of the Commonwealth--the
22
agency; and
23
(b) if the agency is an agency of a State or Territory--the State
24
or Territory.
25
Period of appointment
26
(4) An authorised person holds office for the period specified in the
27
instrument of appointment. The period must not exceed 4 years.
28
Authorised person to comply with directions
29
(5) An authorised person must, in exercising powers as such, comply
30
with any directions of the Regulator.
31
Chapter 7 Monitoring and investigation
Part 3 Authorised persons
Section 113
82 National Gambling Reform Bill 2012 No. , 2012
(6) If a direction is given under subsection (5) in writing, the direction
1
is not a legislative instrument.
2
113 The Regulator is an authorised person
3
The Regulator is an authorised person by force of this section.
4
114 Identity cards
5
(1) The Regulator must issue an identity card to an authorised person.
6
(2) The Minister must issue an identity card to the Regulator.
7
Form of identity card
8
(3) An identity card must:
9
(a) be in the form prescribed by the regulations; and
10
(b) contain a recent photograph of the authorised person.
11
Authorised person must carry card
12
(4) An authorised person must carry his or her identity card at all times
13
when exercising powers as an authorised person.
14
115 Offence for not returning identity card
15
(1) A person commits an offence if:
16
(a) the person has been issued with an identity card; and
17
(b) the person ceases to be an authorised person; and
18
(c) the person does not return the identity card to the person who
19
issued the identity card within 14 days after ceasing to be an
20
authorised person.
21
Penalty: 1 penalty unit.
22
(2) An offence against subsection (1) is an offence of strict liability.
23
Note:
For strict liability, see section 6.1 of the Criminal Code.
24
Monitoring and investigation Chapter 7
Authorised persons Part 3
Section 115
National Gambling Reform Bill 2012 No. , 2012 83
Defence: card lost or destroyed
1
(3) Subsection (1) does not apply if the identity card was lost or
2
destroyed.
3
Note:
A defendant bears an evidential burden in relation to the matter in this
4
subsection (see subsection 13.3(3) of the Criminal Code).
5
Chapter 7 Monitoring and investigation
Part 4 Inspecting public areas of gaming machine premises
Section 116
84 National Gambling Reform Bill 2012 No. , 2012
Part 4--Inspecting public areas of gaming machine
1
premises
2
3
116 Inspection powers in public areas of gaming machine premises
4
(1) An authorised person may enter a public area of gaming machine
5
premises when the premises are open to the public and exercise the
6
following powers for a purpose referred to in subsection (2):
7
(a) the power to observe the operation of, and practices relating
8
to the operation of, regulated devices;
9
(b) the power to inspect or collect written information,
10
advertising or any other document that is available, or made
11
available, to the public in relation to regulated devices;
12
(c) the power to discuss regulated devices with any person.
13
(2) An authorised person may exercise a power under subsection (1)
14
only for one or more of the following purposes:
15
(a) determining whether a provision of this Act has been, or is
16
being, complied with;
17
(b) determining whether information given in compliance or
18
purported compliance with a provision of this Act is correct;
19
(c) investigating a possible contravention of a related provision.
20
(3) To avoid doubt, if a person is required to be a member, or
21
otherwise register, to access an area of gaming machine premises,
22
that area is not a public area of those premises.
23
(4) Subsection (1) does not affect any right of the occupier of the
24
premises to refuse to allow an authorised person to enter, or remain
25
on, the premises.
26
(5) Subsection (1) does not limit the powers of an authorised person
27
under Part 5, 6, 7 or 8 of this Chapter or any other power of a
28
person to enter a public area of gaming machine premises.
29
Definition
30
(6) In this Act:
31
Monitoring and investigation Chapter 7
Inspecting public areas of gaming machine premises Part 4
Section 116
National Gambling Reform Bill 2012 No. , 2012 85
regulated device means:
1
(a) a gaming machine; or
2
(b) a precommitment system; or
3
(c) an automatic teller machine.
4
5
Chapter 7 Monitoring and investigation
Part 5 Monitoring
Division 1 Monitoring powers
Section 117
86 National Gambling Reform Bill 2012 No. , 2012
Part 5--Monitoring
1
Division 1--Monitoring powers
2
117 Authorised person may enter premises by consent or under a
3
warrant
4
(1) An authorised person may enter any premises and exercise the
5
monitoring powers for either or both of the following purposes:
6
(a) determining whether a provision of this Act has been, or is
7
being, complied with;
8
(b) determining whether information given in compliance or
9
purported compliance with a provision of this Act is correct.
10
Note: The
monitoring powers are set out in sections 118, 119 and 122.
11
(2) However, an authorised person is not authorised to enter the
12
premises unless:
13
(a) the occupier of the premises has consented to the entry and
14
the authorised person has shown his or her identity card if
15
required by the occupier; or
16
(b) the entry is made under a monitoring warrant.
17
Note 1:
If entry to the premises is with the occupier's consent, the authorised
18
person must leave the premises if the consent ceases to have effect
19
(see section 144).
20
Note 2:
See Part 7 for general provisions relating to monitoring, such as:
21
(a) obligations of authorised persons in entering premises; and
22
(b) other powers of authorised persons; and
23
(c) an occupier's rights and responsibilities on entry.
24
118 Monitoring powers of authorised persons
25
The following are the monitoring powers that an authorised person
26
may exercise in relation to premises under section 117:
27
(a) the power to search the premises and any thing on the
28
premises;
29
(b) the power to examine or observe any activity conducted on
30
the premises;
31
Monitoring and investigation Chapter 7
Monitoring Part 5
Monitoring powers Division 1
Section 119
National Gambling Reform Bill 2012 No. , 2012 87
(c) the power to inspect, examine, take measurements of or
1
conduct tests on any thing on the premises;
2
(d) the power to make any still or moving image or any
3
recording of the premises or any thing on the premises;
4
(e) the power to inspect any document on the premises;
5
(f) the power to take extracts from, or make copies of, any such
6
document;
7
(g) the power to take onto the premises such equipment and
8
materials as the authorised person requires for the purpose of
9
exercising powers in relation to the premises;
10
(h) the powers set out in subsections 119(1) and (3) and 122(2).
11
Note:
An authorised person may also open gaming machines (including
12
sealed components of machines) on premises (see section 149).
13
119 Operating electronic equipment
14
(1)
The
monitoring powers include the power to:
15
(a) operate electronic equipment on the premises (including
16
operating the equipment to access data not held on the
17
premises); and
18
(b) use a disk, tape or other storage device that:
19
(i) is on the premises; and
20
(ii) can be used with the equipment or is associated with it.
21
(2)
The
monitoring powers include the powers mentioned in
22
subsection (3) if information (relevant data) is found in the
23
exercise of the power under subsection (1) that is relevant to
24
determining whether:
25
(a) a provision of this Act has been, or is being, complied with;
26
or
27
(b) information given in compliance or purported compliance
28
with a provision of this Act is correct.
29
(3) The powers are as follows:
30
(a) the power to operate electronic equipment on the premises to
31
put the relevant data in documentary form and remove the
32
documents so produced from the premises;
33
Chapter 7 Monitoring and investigation
Part 5 Monitoring
Division 1 Monitoring powers
Section 120
88 National Gambling Reform Bill 2012 No. , 2012
(b) the power to operate electronic equipment on the premises to
1
transfer the relevant data to a disk, tape or other storage
2
device that:
3
(i) is brought to the premises for the exercise of the power;
4
or
5
(ii) is on the premises and the use of which for that purpose
6
has been agreed in writing by the occupier of the
7
premises;
8
and remove the disk, tape or other storage device from the
9
premises.
10
(4) An authorised person may operate electronic equipment as
11
mentioned in subsection (1) or (3) only if the authorised person
12
believes on reasonable grounds that the operation of the equipment
13
can be carried out without damage to the equipment.
14
Note:
For compensation for damage to electronic equipment, see
15
section 155.
16
120 Accessing data held on certain premises--notification to
17
occupier
18
(1)
If:
19
(a) an exercise of power under subsection 119(1) involves
20
operating electronic equipment on premises to access data
21
held on other premises; and
22
(b) it is practicable to notify the occupier of the premises on
23
which the data is held that the data has been accessed;
24
the authorised person must:
25
(c) do so as soon as practicable; and
26
(d) if the authorised person has exercised, or intends to exercise,
27
powers under subsection 119(3) to allow for continued access
28
to that data--include that information in the notification.
29
(2) A notification under subsection (1) must include sufficient
30
information to allow the occupier of the premises on which the
31
data is held to contact the authorised person.
32
Monitoring and investigation Chapter 7
Monitoring Part 5
Monitoring powers Division 1
Section 121
National Gambling Reform Bill 2012 No. , 2012 89
121 Expert assistance to operate electronic equipment
1
(1) This section applies to premises to which a monitoring warrant
2
relates.
3
Securing equipment
4
(2) An authorised person may secure any electronic equipment that is
5
on the premises if the authorised person believes on reasonable
6
grounds that:
7
(a) there is information (relevant data) on, or accessible from,
8
the premises relevant to determining whether:
9
(i) a provision of this Act has been, or is being, complied
10
with; or
11
(ii) information given in compliance or purported
12
compliance with a provision of this Act is correct; and
13
(b) the relevant data may be accessible by operating the
14
equipment; and
15
(c) expert assistance is required to operate the equipment; and
16
(d) the relevant data may be destroyed, altered or otherwise
17
interfered with, if the authorised person does not take action
18
under this subsection.
19
The equipment may be secured by locking it up, placing a guard or
20
any other means.
21
(3) The authorised person must give notice to the occupier of the
22
premises, or another person who apparently represents the
23
occupier, of:
24
(a) the authorised person's intention to secure the equipment;
25
and
26
(b) the fact that the equipment may be secured for up to 24
27
hours.
28
Period equipment may be secured
29
(4) The equipment may be secured until the earlier of the following
30
happens:
31
(a) the 24-hour period ends;
32
(b) the equipment has been operated by the expert.
33
Chapter 7 Monitoring and investigation
Part 5 Monitoring
Division 1 Monitoring powers
Section 122
90 National Gambling Reform Bill 2012 No. , 2012
Note:
For compensation for damage to electronic equipment, see
1
section 155.
2
Extensions
3
(5) The authorised person may apply to an issuing officer for an
4
extension of the 24-hour period if the authorised person believes on
5
reasonable grounds that the equipment needs to be secured for
6
longer than that period.
7
(6) Before making the application, the authorised person must give
8
notice to the occupier of the premises, or another person who
9
apparently represents the occupier, of his or her intention to apply
10
for an extension. The occupier or other person is entitled to be
11
heard in relation to that application.
12
(7) The provisions of this Part relating to the issue of monitoring
13
warrants apply, with such modifications as are necessary, to the
14
issue of an extension.
15
(8) The 24-hour period may be extended more than once.
16
122 Securing evidence of the contravention of a related provision
17
(1) This section applies if an authorised person enters premises under a
18
monitoring warrant for either or both of the following purposes:
19
(a) determining whether a provision of this Act has been, or is
20
being, complied with;
21
(b) determining whether information given in compliance or
22
purported compliance with a provision of this Act is correct.
23
Securing evidence for a period
24
(2)
The
monitoring powers include the power to secure a thing for a
25
period not exceeding 24 hours if:
26
(a) the thing is found during the exercise of monitoring powers
27
on the premises; and
28
(b) an authorised person believes on reasonable grounds that:
29
(i) a related provision has been contravened with respect to
30
the thing; or
31
Monitoring and investigation Chapter 7
Monitoring Part 5
Monitoring powers Division 1
Section 122
National Gambling Reform Bill 2012 No. , 2012 91
(ii) the thing affords evidence of the contravention of a
1
related provision; or
2
(iii) the thing is intended to be used for the purpose of
3
contravening a related provision; and
4
(c) the authorised person believes on reasonable grounds that:
5
(i) it is necessary to secure the thing in order to prevent it
6
from being concealed, lost or destroyed before a warrant
7
to seize the thing is obtained; and
8
(ii) it is necessary to secure the thing without a warrant
9
because the circumstances are serious and urgent.
10
Extensions
11
(3) The authorised person may apply to an issuing officer for an
12
extension of the 24-hour period if the authorised person believes on
13
reasonable grounds that the thing needs to be secured for longer
14
than that period.
15
(4) Before making the application, the authorised person must give
16
notice to the occupier of the premises, or another person who
17
apparently represents the occupier, of his or her intention to apply
18
for an extension. The occupier or other person is entitled to be
19
heard in relation to that application.
20
(5) The provisions of this Part relating to the issue of monitoring
21
warrants apply, with such modifications as are necessary, to the
22
issue of an extension.
23
(6) The 24-hour period may be extended more than once.
24
25
Chapter 7 Monitoring and investigation
Part 5 Monitoring
Division 2 Persons assisting authorised persons
Section 123
92 National Gambling Reform Bill 2012 No. , 2012
Division 2--Persons assisting authorised persons
1
123 Persons assisting authorised persons
2
Authorised persons may be assisted by other persons
3
(1) An authorised person may be assisted by other persons in
4
exercising powers or performing functions or duties under this Part
5
and Part 7, if that assistance is necessary and reasonable. A person
6
giving such assistance is a person assisting the authorised person.
7
Powers, functions and duties of a person assisting the authorised
8
person
9
(2) A person assisting the authorised person:
10
(a) may enter the premises; and
11
(b) may exercise powers and perform functions and duties under
12
this Part and Part 7 for the purposes of assisting the
13
authorised person to determine whether:
14
(i) a provision of this Act has been, or is being, complied
15
with; or
16
(ii) information given in compliance or purported
17
compliance with a provision of this Act is correct; and
18
(c) must do so in accordance with a direction given to the person
19
assisting by the authorised person.
20
(3) A power exercised by a person assisting the authorised person as
21
mentioned in subsection (2) is taken for all purposes to have been
22
exercised by the authorised person.
23
(4) A function or duty performed by a person assisting the authorised
24
person as mentioned in subsection (2) is taken for all purposes to
25
have been performed by the authorised person.
26
(5) If a direction is given under paragraph (2)(c) in writing, the
27
direction is not a legislative instrument.
28
29
Monitoring and investigation Chapter 7
Monitoring Part 5
Monitoring warrants Division 3
Section 124
National Gambling Reform Bill 2012 No. , 2012 93
Division 3--Monitoring warrants
1
124 Monitoring warrants
2
Application for warrant
3
(1) An authorised person may apply to an issuing officer for a warrant
4
under this section in relation to premises.
5
Issue of warrant
6
(2) The issuing officer may issue the warrant if the issuing officer is
7
satisfied, by information on oath or affirmation, that it is
8
reasonably necessary that one or more authorised persons should
9
have access to the premises for the purpose of determining
10
whether:
11
(a) a provision of this Act has been, or is being, complied with;
12
or
13
(b) information given in compliance or purported compliance
14
with a provision of this Act is correct.
15
(3) However, the issuing officer must not issue the warrant unless the
16
authorised person or some other person has given to the issuing
17
officer, either orally or by affidavit, such further information (if
18
any) as the issuing officer requires concerning the grounds on
19
which the issue of the warrant is being sought.
20
Content of warrant
21
(4)
The
warrant
must:
22
(a) describe the premises to which the warrant relates; and
23
(b) state that the warrant is issued under this section; and
24
(c) state the purpose for which the warrant is issued; and
25
(d) authorise, on any one or more occasions while the warrant
26
remains in force, one or more authorised persons (whether or
27
not named in the warrant):
28
(i) to enter the premises; and
29
(ii) to exercise the powers set out in this Part and Part 7 in
30
relation to the premises; and
31
Chapter 7 Monitoring and investigation
Part 5 Monitoring
Division 3 Monitoring warrants
Section 124
94 National Gambling Reform Bill 2012 No. , 2012
(e) state whether entry is authorised to be made at any time of
1
the day or during specified hours of the day; and
2
(f) specify the day (not more than 6 months after the issue of the
3
warrant) on which the warrant ceases to be in force.
4
5
Monitoring and investigation Chapter 7
Investigation Part 6
Investigation powers Division 1
Section 125
National Gambling Reform Bill 2012 No. , 2012 95
Part 6--Investigation
1
Division 1--Investigation powers
2
125 Authorised person may enter premises by consent or under a
3
warrant
4
(1) If an authorised person has reasonable grounds for suspecting that
5
there may be evidential material on any premises, the authorised
6
person may:
7
(a) enter the premises; and
8
(b) exercise the investigation powers.
9
Note: The
investigation powers are set out in sections 126, 127 and 130.
10
(2) However, an authorised person is not authorised to enter the
11
premises unless:
12
(a) the occupier of the premises has consented to the entry and
13
the authorised person has shown his or her identity card if
14
required by the occupier; or
15
(b) the entry is made under an investigation warrant.
16
Note 1:
If entry to the premises is with the occupier's consent, the authorised
17
person must leave the premises if the consent ceases to have effect
18
(see section 144).
19
Note 2:
See Part 7 for general provisions relating to investigation, such as:
20
(a) obligations of authorised persons in entering premises; and
21
(b) other powers of authorised persons; and
22
(c) an occupier's rights and responsibilities on entry.
23
126 Investigation powers of authorised persons
24
The following are the investigation powers that an authorised
25
person may exercise in relation to premises under section 125:
26
(a) if entry to the premises is with the occupier's consent--the
27
power to search the premises and any thing on the premises
28
for the evidential material the authorised person has
29
reasonable grounds for suspecting may be on the premises;
30
(b) if entry to the premises is under an investigation warrant:
31
Chapter 7 Monitoring and investigation
Part 6 Investigation
Division 1 Investigation powers
Section 127
96 National Gambling Reform Bill 2012 No. , 2012
(i) the power to search the premises and any thing on the
1
premises for the kind of evidential material specified in
2
the warrant; and
3
(ii) the power to seize evidential material of that kind if the
4
authorised person finds it on the premises;
5
(c) the power to inspect, examine, take measurements of or
6
conduct tests on evidential material referred to in
7
paragraph (a) or (b);
8
(d) the power to make any still or moving image or any
9
recording of the premises or evidential material referred to in
10
paragraph (a) or (b);
11
(e) the power to take onto the premises such equipment and
12
materials as the authorised person requires for the purpose of
13
exercising powers in relation to the premises;
14
(f) the powers set out in subsections 127(1) and (2) and
15
section 130.
16
Note:
An authorised person may also open gaming machines (including
17
sealed components of machines) on premises (see section 149).
18
127 Operating electronic equipment
19
(1)
The
investigation powers include the power to:
20
(a) operate electronic equipment on the premises (including
21
operating the equipment to access data not held on the
22
premises); and
23
(b) use a disk, tape or other storage device that:
24
(i) is on the premises; and
25
(ii) can be used with the equipment or is associated with it;
26
if an authorised person has reasonable grounds for suspecting that
27
the electronic equipment, disk, tape or other storage device is or
28
contains evidential material.
29
(2)
The
investigation powers include the following powers in relation
30
to evidential material found in the exercise of the power under
31
subsection (1):
32
(a) if entry to the premises is under an investigation warrant--
33
the power to seize the equipment and the disk, tape or other
34
storage device referred to in that subsection;
35
Monitoring and investigation Chapter 7
Investigation Part 6
Investigation powers Division 1
Section 128
National Gambling Reform Bill 2012 No. , 2012 97
(b) the power to operate electronic equipment on the premises to
1
put the evidential material in documentary form and remove
2
the documents so produced from the premises;
3
(c) the power to operate electronic equipment on the premises to
4
transfer the evidential material to a disk, tape or other storage
5
device that:
6
(i) is brought to the premises for the exercise of the power;
7
or
8
(ii) is on the premises and the use of which for that purpose
9
has been agreed in writing by the occupier of the
10
premises;
11
and remove the disk, tape or other storage device from the
12
premises.
13
(3) An authorised person may operate electronic equipment as
14
mentioned in subsection (1) or (2) only if the authorised person
15
believes on reasonable grounds that the operation of the equipment
16
can be carried out without damage to the equipment.
17
Note:
For compensation for damage to electronic equipment, see
18
section 155.
19
(4) An authorised person may seize equipment or a disk, tape or other
20
storage device as mentioned in paragraph (2)(a) only if:
21
(a) it is not practicable to put the evidential material in
22
documentary form as mentioned in paragraph (2)(b) or to
23
transfer the evidential material as mentioned in
24
paragraph (2)(c); or
25
(b) possession of the equipment or the disk, tape or other storage
26
device by the occupier could constitute an offence against a
27
law of the Commonwealth.
28
128 Accessing data held on certain premises--notification to
29
occupier
30
(1)
If:
31
(a) an exercise of power under subsection 127(1) involves
32
operating electronic equipment on premises to access data
33
held on other premises; and
34
Chapter 7 Monitoring and investigation
Part 6 Investigation
Division 1 Investigation powers
Section 129
98 National Gambling Reform Bill 2012 No. , 2012
(b) it is practicable to notify the occupier of the premises on
1
which the data is held that the data has been accessed;
2
the authorised person must:
3
(c) do so as soon as practicable; and
4
(d) if the authorised person has exercised, or intends to exercise,
5
powers under subsection 127(2) to allow for continued access
6
to that data--include that information in the notification.
7
(2) A notification under subsection (1) must include sufficient
8
information to allow the occupier of the premises on which the
9
data is held to contact the authorised person.
10
129 Expert assistance to operate electronic equipment
11
(1) This section applies if an authorised person enters premises under
12
an investigation warrant to search for evidential material.
13
Securing equipment
14
(2) The authorised person may secure any electronic equipment that is
15
on the premises if the authorised person believes on reasonable
16
grounds that:
17
(a) there is evidential material of the kind specified in the
18
warrant on, or accessible from, the premises; and
19
(b) the evidential material may be accessible by operating the
20
electronic equipment; and
21
(c) expert assistance is required to operate the equipment; and
22
(d) the evidential material may be destroyed, altered or otherwise
23
interfered with, if the authorised person does not take action
24
under this subsection.
25
The equipment may be secured by locking it up, placing a guard or
26
any other means.
27
(3) The authorised person must give notice to the occupier of the
28
premises, or another person who apparently represents the
29
occupier, of:
30
(a) the authorised person's intention to secure the equipment;
31
and
32
Monitoring and investigation Chapter 7
Investigation Part 6
Investigation powers Division 1
Section 130
National Gambling Reform Bill 2012 No. , 2012 99
(b) the fact that the equipment may be secured for up to 24
1
hours.
2
Period equipment may be secured
3
(4) The equipment may be secured until the earlier of the following
4
happens:
5
(a) the 24-hour period ends;
6
(b) the equipment has been operated by the expert.
7
Note:
For compensation for damage to electronic equipment, see
8
section 155.
9
Extensions
10
(5) The authorised person may apply to an issuing officer for an
11
extension of the 24-hour period, if the authorised person believes
12
on reasonable grounds that the equipment needs to be secured for
13
longer than that period.
14
(6) Before making the application, the authorised person must give
15
notice to the occupier of the premises, or another person who
16
apparently represents the occupier, of the authorised person's
17
intention to apply for an extension. The occupier or other person is
18
entitled to be heard in relation to that application.
19
(7) The provisions of this Part relating to the issue of investigation
20
warrants apply, with such modifications as are necessary, to the
21
issue of an extension.
22
(8) The 24-hour period may be extended more than once.
23
130 Seizing evidence of contraventions of related provisions
24
(1) This section applies if an authorised person enters premises under
25
an investigation warrant to search for evidential material.
26
(2)
The
investigation powers include seizing a thing that is not
27
evidential material of the kind specified in the warrant if:
28
(a) in the course of searching for the kind of evidential material
29
specified in the warrant, the authorised person finds the
30
thing; and
31
Chapter 7 Monitoring and investigation
Part 6 Investigation
Division 1 Investigation powers
Section 130
100 National Gambling Reform Bill 2012 No. , 2012
(b) the authorised person believes on reasonable grounds that:
1
(i) a related provision has been contravened with respect to
2
the thing; or
3
(ii) the thing is evidence of the contravention of a related
4
provision; or
5
(iii) the thing is intended to be used for the purpose of
6
contravening a related provision; and
7
(c) the authorised person believes on reasonable grounds that it
8
is necessary to seize the thing in order to prevent its
9
concealment, loss or destruction.
10
11
Monitoring and investigation Chapter 7
Investigation Part 6
Persons assisting authorised persons Division 2
Section 131
National Gambling Reform Bill 2012 No. , 2012 101
Division 2--Persons assisting authorised persons
1
131 Persons assisting authorised persons
2
Authorised persons may be assisted by other persons
3
(1) An authorised person may be assisted by other persons in
4
exercising powers or performing functions or duties under this Part
5
and Part 7, if that assistance is necessary and reasonable. A person
6
giving such assistance is a person assisting the authorised person.
7
Powers, functions and duties of a person assisting the authorised
8
person
9
(2) A person assisting the authorised person:
10
(a) may enter the premises; and
11
(b) may exercise powers and perform functions and duties under
12
this Part and Part 7 in relation to evidential material; and
13
(c) must do so in accordance with a direction given to the person
14
assisting by the authorised person.
15
(3) A power exercised by a person assisting the authorised person as
16
mentioned in subsection (2) is taken for all purposes to have been
17
exercised by the authorised person.
18
(4) A function or duty performed by a person assisting the authorised
19
person as mentioned in subsection (2) is taken for all purposes to
20
have been performed by the authorised person.
21
(5) If a direction is given under paragraph (2)(c) in writing, the
22
direction is not a legislative instrument.
23
24
Chapter 7 Monitoring and investigation
Part 6 Investigation
Division 3 General provisions relating to seizure
Section 132
102 National Gambling Reform Bill 2012 No. , 2012
Division 3--General provisions relating to seizure
1
132 Copies of seized things to be provided
2
(1) This section applies if:
3
(a) an investigation warrant is being executed in relation to
4
premises; and
5
(b) an authorised person seizes one or more of the following
6
from the premises under this Part:
7
(i) a document, film, computer file or other thing that can
8
be readily copied;
9
(ii) a storage device, the information in which can be
10
readily copied.
11
(2) The occupier of the premises, or another person who apparently
12
represents the occupier and who is present when the warrant is
13
executed, may request the authorised person to give a copy of the
14
thing or the information to the occupier or other person.
15
(3) The authorised person must comply with the request as soon as
16
practicable after the seizure.
17
(4) However, the authorised person is not required to comply with the
18
request if possession of the document, film, computer file, thing or
19
information by the occupier or other person could constitute an
20
offence against a law of the Commonwealth.
21
133 Receipts for seized things
22
(1) The authorised person must provide a receipt for a thing that is
23
seized under this Part.
24
(2) One receipt may cover 2 or more things seized.
25
134 Return of seized things
26
(1) The Regulator must take reasonable steps to return a thing seized
27
under this Part when the earliest of the following happens:
28
(a) the reason for the thing's seizure no longer exists;
29
(b) it is decided that the thing is not to be used in evidence;
30
Monitoring and investigation Chapter 7
Investigation Part 6
General provisions relating to seizure Division 3
Section 135
National Gambling Reform Bill 2012 No. , 2012 103
(c) the period of 60 days after the thing's seizure ends.
1
Note:
See subsections (2) and (3) for exceptions to this rule.
2
Exceptions
3
(2)
Subsection
(1):
4
(a) is subject to any contrary order of a court; and
5
(b) does not apply if the thing:
6
(i) is forfeited or forfeitable to the Commonwealth; or
7
(ii) is the subject of a dispute as to ownership.
8
(3) The Regulator is not required to take reasonable steps to return a
9
thing because of paragraph (1)(c) if:
10
(a) proceedings in respect of which the thing may afford
11
evidence were instituted before the end of the 60 days and
12
have not been completed (including an appeal to a court in
13
relation to those proceedings); or
14
(b) the thing may continue to be retained because of an order
15
under section 135; or
16
(c) the Commonwealth or the Regulator is otherwise authorised
17
(by a law, or an order of a court, of the Commonwealth or of
18
a State or Territory) to retain, destroy, dispose of or
19
otherwise deal with the thing.
20
Return of thing
21
(4) A thing that is required to be returned under this section must be
22
returned to the person from whom it was seized (or to the owner if
23
that person is not entitled to possess it).
24
135 Issuing officer may permit a seized thing to be retained
25
(1) The Regulator may apply to an issuing officer for an order
26
permitting the retention of a thing seized under this Part for a
27
further period if proceedings in respect of which the thing may
28
afford evidence have not commenced before the end of:
29
(a) 60 days after the seizure; or
30
(b) a period previously specified in an order of an issuing officer
31
under this section.
32
Chapter 7 Monitoring and investigation
Part 6 Investigation
Division 3 General provisions relating to seizure
Section 136
104 National Gambling Reform Bill 2012 No. , 2012
(2) Before making the application, the Regulator must:
1
(a) take reasonable steps to discover who has an interest in the
2
retention of the thing; and
3
(b) if it is practicable to do so, notify each person whom the
4
Regulator believes to have such an interest of the proposed
5
application.
6
Order to retain thing
7
(3) The issuing officer may order that the thing may continue to be
8
retained for a period specified in the order if the issuing officer is
9
satisfied that it is necessary for the thing to continue to be retained:
10
(a) for the purposes of an investigation as to whether a related
11
provision has been contravened; or
12
(b) to enable evidence of a contravention mentioned in
13
paragraph (a) to be secured for the purposes of a prosecution
14
or an action to obtain a civil penalty order.
15
(4) The period specified must not exceed 3 years.
16
136 Disposal of seized things
17
(1) The Regulator may dispose of a thing seized under this Part if:
18
(a) the Regulator has taken reasonable steps to return the thing to
19
a person; and
20
(b)
either:
21
(i) the Regulator has been unable to locate the person; or
22
(ii) the person has refused to take possession of the thing.
23
(2) The Regulator may dispose of the thing in such manner as the
24
Regulator thinks appropriate.
25
137 Compensation for acquisition of property
26
(1) If the operation of section 136 would result in an acquisition of
27
property from a person otherwise than on just terms, the
28
Commonwealth is liable to pay a reasonable amount of
29
compensation to the person.
30
Monitoring and investigation Chapter 7
Investigation Part 6
General provisions relating to seizure Division 3
Section 137
National Gambling Reform Bill 2012 No. , 2012 105
(2) If the Commonwealth and the person do not agree on the amount
1
of the compensation, the person may institute proceedings in a
2
relevant court for the recovery from the Commonwealth of such
3
reasonable amount of compensation as the court determines.
4
(3) In this Act:
5
acquisition of property has the same meaning as in paragraph
6
51(xxxi) of the Constitution.
7
just terms has the same meaning as in paragraph 51(xxxi) of the
8
Constitution.
9
10
Chapter 7 Monitoring and investigation
Part 6 Investigation
Division 4 Investigation warrants
Section 138
106 National Gambling Reform Bill 2012 No. , 2012
Division 4--Investigation warrants
1
138 Investigation warrants
2
Application for warrant
3
(1) An authorised person may apply to an issuing officer for a warrant
4
under this section in relation to premises.
5
Issue of warrant
6
(2) The issuing officer may issue the warrant if the issuing officer is
7
satisfied, by information on oath or affirmation, that there are
8
reasonable grounds for suspecting that there is, or there may be
9
within the next 72 hours, evidential material on the premises.
10
(3) However, the issuing officer must not issue the warrant unless the
11
authorised person or some other person has given to the issuing
12
officer, either orally or by affidavit, such further information (if
13
any) as the issuing officer requires concerning the grounds on
14
which the issue of the warrant is being sought.
15
Content of warrant
16
(4)
The
warrant
must:
17
(a) state the offence or offences, or civil penalty provision or
18
civil penalty provisions, to which the warrant relates; and
19
(b) describe the premises to which the warrant relates; and
20
(c) state that the warrant is issued under this Division; and
21
(d) specify the kinds of evidential material that are to be
22
searched for under the warrant; and
23
(e) state that the evidential material specified may be seized
24
under the warrant; and
25
(f) state that any thing found in the course of executing the
26
warrant, that the person executing the warrant believes on
27
reasonable grounds to be evidence of the contravention of a
28
related provision, may be seized under the warrant; and
29
(g) name one or more authorised persons; and
30
(h) authorise the authorised persons named in the warrant:
31
Monitoring and investigation Chapter 7
Investigation Part 6
Investigation warrants Division 4
Section 139
National Gambling Reform Bill 2012 No. , 2012 107
(i) to enter the premises; and
1
(ii) to exercise the powers set out in this Part and Part 7 in
2
relation to the premises; and
3
(i) state whether entry is authorised to be made at any time of
4
the day or during specified hours of the day; and
5
(j) specify the day (not more than 1 week after the issue of the
6
warrant) on which the warrant ceases to be in force.
7
139 Investigation warrants by telephone, fax etc.
8
Application for warrant
9
(1) An authorised person may apply to an issuing officer by telephone,
10
fax or other electronic means for a warrant under section 138 in
11
relation to premises:
12
(a) in an urgent case; or
13
(b) if the delay that would occur if an application were made in
14
person would frustrate the effective execution of the warrant.
15
(2) The issuing officer may require communication by voice to the
16
extent that it is practicable in the circumstances.
17
(3) Before applying for the warrant, the authorised person must
18
prepare an information of the kind mentioned in subsection 138(2)
19
in relation to the premises that sets out the grounds on which the
20
warrant is sought. If it is necessary to do so, the authorised person
21
may apply for the warrant before the information is sworn or
22
affirmed.
23
Issuing officer may complete and sign warrant
24
(4) The issuing officer may complete and sign the same warrant that
25
would have been issued under section 138 if the issuing officer is
26
satisfied that there are reasonable grounds for doing so:
27
(a) after considering the terms of the information; and
28
(b) after receiving such further information (if any) as the issuing
29
officer requires concerning the grounds on which the issue of
30
the warrant is being sought.
31
Chapter 7 Monitoring and investigation
Part 6 Investigation
Division 4 Investigation warrants
Section 140
108 National Gambling Reform Bill 2012 No. , 2012
(5) After completing and signing the warrant, the issuing officer must
1
inform the authorised person, by telephone, fax or other electronic
2
means, of:
3
(a) the terms of the warrant; and
4
(b) the day on which, and the time at which, the warrant was
5
signed.
6
Obligations on authorised person
7
(6) The authorised person must then do the following:
8
(a) complete a form of warrant in the same terms as the warrant
9
completed and signed by the issuing officer;
10
(b) state on the form the following:
11
(i) the name of the issuing officer;
12
(ii) the day on which, and the time at which, the warrant
13
was signed;
14
(c) send the following to the issuing officer:
15
(i) the form of warrant completed by the authorised person;
16
(ii) the information referred to in subsection (3), which
17
must have been duly sworn or affirmed.
18
(7) The authorised person must comply with paragraph (6)(c) by the
19
end of the day after the earlier of the following:
20
(a) the day on which the warrant ceases to be in force;
21
(b) the day on which the warrant is executed.
22
Issuing officer to attach documents together
23
(8) The issuing officer must attach the documents provided under
24
paragraph (6)(c) to the warrant signed by the issuing officer.
25
140 Authority of warrant
26
(1) A form of warrant duly completed under subsection 139(6) is
27
authority for the same powers as are authorised by the warrant
28
signed by the issuing officer under subsection 139(4).
29
Monitoring and investigation Chapter 7
Investigation Part 6
Investigation warrants Division 4
Section 141
National Gambling Reform Bill 2012 No. , 2012 109
(2) In any proceedings, a court is to assume (unless the contrary is
1
proved) that an exercise of power was not authorised by a warrant
2
under section 139 if:
3
(a) it is material, in those proceedings, for the court to be
4
satisfied that the exercise of power was authorised by that
5
section; and
6
(b) the warrant signed by the issuing officer authorising the
7
exercise of the power is not produced in evidence.
8
141 Offence relating to warrants by telephone, fax etc.
9
An authorised person must not:
10
(a) state in a document that purports to be a form of warrant
11
under section 139 the name of an issuing officer unless that
12
issuing officer signed the warrant; or
13
(b) state on a form of warrant under that section a matter that, to
14
the authorised person's knowledge, departs in a material
15
particular from the terms of the warrant signed by the issuing
16
officer under that section; or
17
(c) purport to execute, or present to another person, a document
18
that purports to be a form of warrant under that section that
19
the authorised person knows departs in a material particular
20
from the terms of a warrant signed by an issuing officer
21
under that section; or
22
(d) purport to execute, or present to another person, a document
23
that purports to be a form of warrant under that section where
24
the authorised person knows that no warrant in the terms of
25
the form of warrant has been completed and signed by an
26
issuing officer; or
27
(e) give to an issuing officer a form of warrant under that section
28
that is not the form of warrant that the authorised person
29
purported to execute.
30
Penalty: Imprisonment for 2 years.
31
Chapter 7 Monitoring and investigation
Part 6 Investigation
Division 4 Investigation warrants
Section 142
110 National Gambling Reform Bill 2012 No. , 2012
142 Completing execution of an investigation warrant after
1
temporary cessation
2
(1) This section applies if an authorised person, and all persons
3
assisting, who are executing an investigation warrant in relation to
4
premises temporarily cease its execution and leave the premises.
5
(2) The authorised person, and persons assisting, may complete the
6
execution of the warrant if:
7
(a) the warrant is still in force; and
8
(b) the authorised person and persons assisting are absent from
9
the premises:
10
(i) for not more than 1 hour; or
11
(ii) if there is an emergency situation, for not more than 12
12
hours or such longer period as allowed by an issuing
13
officer under subsection (5); or
14
(iii) for a longer period if the occupier of the premises
15
consents in writing.
16
Application for extension in emergency situation
17
(3) An authorised person, or person assisting, may apply to an issuing
18
officer for an extension of the 12-hour period mentioned in
19
subparagraph (2)(b)(ii) if:
20
(a) there is an emergency situation; and
21
(b) the authorised person or person assisting believes on
22
reasonable grounds that the authorised person and the
23
persons assisting will not be able to return to the premises
24
within that period.
25
(4) If it is practicable to do so, before making the application, the
26
authorised person or person assisting must give notice to the
27
occupier of the premises of his or her intention to apply for an
28
extension.
29
Extension in emergency situation
30
(5) An issuing officer may extend the period during which the
31
authorised person and persons assi