POKER MACHINE HARM MINIMISATION BILL 2008

i Poker Machine Harm Minimisation Bill 2008 No. , 2008

Contents

Part 1--Preliminary

Short title ............................................................................................ 1

Commencement .................................................................................. 1

Objects of Act ..................................................................................... 2

Application of Act .............................................................................. 2

Relationship with State and Territory law .......................................... 3

Definitions .......................................................................................... 3

Meaning of play .................................................................................. 9

Part 2--Technical require ments on corporations that

manufacture or supply gaming machines and poker

machines

Application ....................................................................................... 11

Maximum denomination of notes accepted by bank note

acceptors ........................................................................................... 11

Limit on credits entered through bank note acceptors...................... 12

Limits on credits entered through gaming machine ticket

readers ............................................................................................... 12

Prohibition on multiple line betting .................................................. 13

Maximum bet per spin ...................................................................... 13

Maximum bet per spin--smart card gaming machines and

smart card poker machines ............................................................... 14

Limit on jackpots and linked-jackpot arrangements......................... 14

Limit on jackpots and linked-jackpot arrangements--smart

card gaming machines and poker machines ..................................... 15

Prohibition on free spins and free games .......................................... 15

Spin rate ............................................................................................ 15

Part 3--Technical require ments relating to automatic teller

machines owned or operated by or on behalf of banks,

credit unions and othe r financial institutions

Application ....................................................................................... 17

Limiting withdrawals and advances from cash facilities .................. 17

Part 4--Technical require ments on corporations that

manufacture or supply cash-back te rminals

Application ....................................................................................... 18

Maximum redemption amount for cash-back terminals ................... 18

Poker Machine Harm Minimisation Bill 2008 No. , 2008 ii

Part 5--Civil penalties

Division A--Obtaining an order for a civil penalty

Federal Court may order person to pay pecuniary penalty for

contravening civil penalty provision ................................................ 20

What is a civil penalty provision?..................................................... 21

Contravening a civil penalty provision is not an offence ................. 21

Persons involved in contravening civil penalty provision ................ 21

Recovery of a pecuniary penalty ...................................................... 21

Division B--Enforceable undertakings relating to

contraventions of civil penalty provisions

Acceptance of undertakings relating to contraventions of

civil penalty provisions..................................................................... 22

Enforcement of undertakings ............................................................ 22

Part 6--Miscellaneous

Regulations ....................................................................................... 23

Part 1 Preliminary

Section 3

2 Poker Machine Harm Minimisation Bill 2008 No. , 2008

3 Objects of Act

The objects of this Act are to provide for:

(a) the manufacture of gaming machines and poker machines;

and

(b) the installation of automatic teller machines and cash-back

terminals;

that do not encourage problem and compulsive gambling.

4 Application of Act

Extension to external Territories

(1) This Act extends to Norfolk Island, the Territory of Cocos

(Keeling) Islands and the Territory of Christmas Island.

Limited extraterritorial application

(2) This Act applies to acts, omissions, matters and things in the

Australian jurisdiction, and subject to subsection (3), does not

apply to acts, omissions, matters and things outside the Australian

jurisdiction.

Application outside exclusive economic zone limited to Australian

vessels

(3) A provision of this Act that has effect outside the outer limits of

the exclusive economic zone and the continental shelf applies only

in relation to Australian vessels.

Application to vessels in the Australian jurisdiction inside

exclusive economic zone

(4) A provision of this Act that has effect within the outer limits of the

exclusive economic zone (whether in the zone or in Australia or an

external Territory) or on or in the continental shelf applies in

relation to all vessels (including vessels that are not Australian

vessels).

Note:

A reference to Australia or to an external Territory generally includes

a reference to the coastal sea of Australia or the Territory (as

appropriate). See section 15B of the Acts Interpretation Act 1901.

Preliminary Part 1

Section 5

Poker Machine Harm Minimisation Bill 2008 No. , 2008 3

5 Relationship with State and Territory law

This Act is not intended to exclude or limit the concurrent

operation of any law of a State or Territory, unless the contrary

intention appears.

6 Definitions

In this Act:

accumulated credits means the amount of credits standing on any

one gaming machine or poker machine, whether initially credited

to the machine or accumulated through playing the machine.

ATM card means any magnetic stripe card or smart chip card

issued by a financial institution to a customer of the financial

institution, which enables that customer, as an ATM cardholder, to

effect ATM transactions.

ATM cardholder means a customer of a financial institution who is

issued an ATM card and a PIN for use with it.

ATM transaction means a cash deposit, a cash withdrawal or a

balance enquiry effected by an ATM cardholder at an ATM.

Australian jurisdiction means the land, waters, seabed and

airspace in, under or above:

(a) Australia; or

(b) an external Territory; or

(d) the continental shelf.

Note:

A reference to Australia or to an external Territory generally includes

a reference to the coastal sea of Australia or the Territory (as

appropriate). See section 15B of the Acts Interpretation Act 1901.

Australian vessel means:

(a) a vessel that is owned, possessed or controlled by:

(i) the Commonwealth or a Commonwealth agency; or

(ii) a State, a self-governing Territory or an agency of a

State or self-governing Territory; or

(b) a vessel that is registered in Australia; or

Part 1 Preliminary

Section 6

4 Poker Machine Harm Minimisation Bill 2008 No. , 2008

authorised deposit-taking institution or ADI means an authorised

deposit-taking institution within the meaning of the Banking Act

1959.

automatic teller machine or ATM means an electronic hardware

device, owned or operated by or on behalf of a financial institution,

that is capable of automatically dispensing cash in response to a

cash withdrawal transaction initiated by an ATM cardholder, to be

debited against or charged to an account of the cardholder, through

the use of an ATM card issued by a financial institution that is a

member of the Consumer Electronic Clearing System (CS3) and

the keying in by the cardholder of the cardholder's PIN, and

includes limited service devices (cash dispensers) that only allow

for cash withdrawals, although other transactions such as balance

enquiries may also be supported by an automatic teller machine.

bank means an authorised deposit-taking institution that is

permitted under section 66 of the Banking Act 1959 to assume or

use:

(a) the word bank, banker or banking; or

(b) any other word (whether or not in English) that is of like

import to a word referred to in paragraph (a).

bank note acceptor means an electronic hardware device within or

attached to a gaming machine or a poker machine that validates

banknotes and either accepts and stores valid banknotes in return

for the granting of credits playable on the machine, or rejects and

returns to the player invalid bank notes, or those of denominations

other than those for which it has been enabled to accept.

cardholder means an ATM cardholder, an EFTPOS cardholder or

a credit cardholder.

cash-back terminal means a customer-operated payment machine

that enables gaming machine and poker machine players to redeem

their gaming machine tickets for cash.

cash facility means:

(a) an ATM; or

Preliminary Part 1

Section 6

Poker Machine Harm Minimisation Bill 2008 No. , 2008 5

(b) an EFTPOS terminal; or

access to the funds in his or her account or to a cash advance

through a credit card.

Consumer Electronic Clearing System (CS3) means the standards,

policies and procedures coordinated by the Australian Payments

Clearing Association for the purpose of settlement of obligations

incurred between financial institutions that arise from the operation

of the national automatic teller machine network.

corporation means a body corporate that:

(a) is a foreign corporation; or

(b) is a trading corporation formed within the limits of Australia

or is a financial corporation so formed; or

(d) is the holding company of a body corporate of a kind referred

to in paragraph (a), (b) or (c).

credit card means any magnetic stripe card or smart chip card

issued by a financial institution or a credit card or charge card

company to a customer of the financial institution or credit card or

charge card company, which enables that customer, as a credit

cardholder, to effect credit card and charge card transactions,

including obtaining cash advances.

credit cardholder means a customer of a financial institution or a

credit card or charge card company who is issued with a credit card

or a charge card and a PIN for use with that card.

credit meter means the indicator on a gaming machine or a poker

machine that displays the number of credits registered on the

machine and available to a player for betting and the monetary

value of those credits.

credit union means an authorised deposit-taking institution that is

permitted under section 66 of the Banking Act 1959 to assume or

use the expression credit union or credit society.

debit card means an ATM card or an EFTPOS card.

Part 1 Preliminary

Section 6

6 Poker Machine Harm Minimisation Bill 2008 No. , 2008

EFTPOS means an electronic funds transfer at the point of sale.

EFTPOS card means any magnetic stripe card or smart chip card

issued by a financial institution to a customer of the financial

institution, which enables that customer, as an EFTPOS

cardholder, to effect EFTPOS transactions.

EFTPOS cardholder means a customer of a financial institution

who is issued with an EFTPOS card and a PIN for use with that

card.

EFTPOS terminal means an electronic hardware device used to

put into effect an EFTPOS transaction.

EFTPOS transaction means an electronic funds transfer initiated

by an EFTPOS cardholder's use at point of sale of an EFTPOS

card, and in the normal course, the keying in by the cardholder of

the cardholder's PIN, at an EFTPOS terminal, and includes any

cash withdrawal, refund and reversal of any such transfer.

executive officer of a body corporate means a person, by whatever

name called and whether or not a director of the body corporate,

who is concerned in, or takes part in, the management of the body

corporate.

financial institution means a body corporate that is an authorised

deposit-taking institution for the purposes of the Banking Act 1959,

including but not limited to banks and credit unions.

game, in relation to a gaming machine or a poker machine, means

a play, or a series of plays, initiated by the application of a

monetary credit registered on the machine.

gaming machine has the same meaning as poker machine.

gaming machine credit has the same meaning as poker machine

credit.

gaming machine ticket means a ticket that:

(a) is issued from a gaming machine or a poker machine (or

peripheral equipment that is installed for the purpose of

issuing tickets) to a player of that machine; and

Preliminary Part 1

Section 6

Poker Machine Harm Minimisation Bill 2008 No. , 2008 7

(b) shows the value of the credits accumulated and not otherwise

redeemed in the course of play on that machine.

gaming machine ticket reader means an electronic hardware

device within or attached to a gaming machine or a poker machine

that validates a gaming machine ticket and either accepts and stores

valid gaming machine tickets in return for the granting of credits

playable on the machine, or rejects and returns to the player invalid

gaming machine tickets, or those for amounts greater than the

maximum credits for which it has been enabled to accept.

gaming token means a token, credit or other thing that enables a

bet to be made on a gaming machine or a poker machine, but does

not include a gaming machine or poker machine credit.

jackpot, in relation to a gaming machine or a poker machine,

means the combination of letter, numbers, symbols or

representations as part of a game on that machine that pays the

maximum winnings payable on that machine for any one

combination.

licence means a gaming machine licence or a poker machine

licence issued under the relevant laws of the States and Territories.

licensed venue means premises for which a licence is in force.

linked-jackpot arrangement means an arrangement under which

two or more gaming machines or poker machines are linked to a

device that:

(a) from time to time, records the amount payable as winnings

under the arrangement; and

(b) for the purpose of recording the amount mentioned in

paragraph (a), receives messages from each machine to

which it is linked; and

to, a machine to which it is linked.

payline means the line of symbols on the reels or screen of a

gaming machine or a poker machine on which a winning pattern

occurs.

Part 1 Preliminary

Section 6

8 Poker Machine Harm Minimisation Bill 2008 No. , 2008

peripheral equipment, for a gaming machine or a poker machine,

means equipment, or a device, that is incidental to the basic

operation of the gaming machine or poker machine, including but

not limited to bank note acceptors and smart card readers.

personal identification number or PIN means the number which is

either issued by a financial institution or selected by an ATM or

EFTPOS cardholder for the purpose of authenticating the use by

the cardholder of the ATM or EFTPOS card, as the case may be.

play has the meaning given by section 7.

poker machine means a machine:

(a) designed for playing a game of chance, or of mixed chance

and skill; and

(b) designed to be played completely or partly by:

(i) the insertion of one or more coins, notes or tokens; or

(ii) the application of a monetary credit registered on the

machine or elsewhere; and

monetary or other valuable consideration by playing the

machine.

poker machine credit means a credit of a gaming token registered

by a gaming machine or a poker machine.

smart card means a card which has embedded in it an electronic

integrated circuit (microprocessor) of any type in the form of a

chip, the information on which must be accessed by the card being

inserted into a smart card reader, and which has registered on it:

(a) a maximum fortnightly monetary credit of $1,000,

pre-registered at least one week in advance; and

(b) a maximum fortnightly playing time of 10 hours.

smart card gaming machine has the same meaning as smart card

poker machine.

smart card poker machine means a machine:

(a) designed for playing a game of chance, or of mixed chance

and skill; and

Preliminary Part 1

Section 7

Poker Machine Harm Minimisation Bill 2008 No. , 2008 9

(b) designed to be played completely by:

(i) the insertion of a smart card; and

(ii) the application of the maximum fortnightly monetary

credit of $1,000, pre-registered on the smart card at least

one week in advance; and

(iii) the application of the maximum fortnightly playing time

of 10 hours registered on the smart card; and

monetary or other valuable consideration by playing the

machine.

smart card reader means an electronic hardware device within or

attached to a gaming machine or a poker machine that validates

smart cards and either accepts those smart cards which it has been

enabled to accept, allowing a player to play the machine, or rejects

and returns to the player invalid smart cards.

spin means a sequence of actions and states in a gaming machine

or a poker machine initiated by a player through wagering a single

credit and terminated when the credit wagered has been lost or all

winnings have been transferred to the total wins meter of the

gaming machine or poker machine and the player's credit meter.

spin rate, in relation to a gaming machine or a poker machine,

means the interval between spins on the gaming machine or poker

machine.

total wins meter means a device for recording amounts that, if won

by a player, would be credited to the credit meter of the player's

gaming machine or poker machine.

7 Meaning of play

For the purposes of this Act, a person is taken to play a gaming

machine or a poker machine if the person, directly or indirectly:

(a) inserts a coin, note, gaming token or smart card into the

machine; or

(b) causes gaming machine credits to be registered by the

machine; or

Technical requirements on corporations that manufacture or supply gaming machines

and poker machines Part 2

Section 8

Poker Machine Harm Minimisation Bill 2008 No. , 2008 11

Part 2--Technical requirements on corporations

that manufacture or supply gaming

machines and poker machines

8 Application

This Part applies to:

(a) any corporation that manufactures gaming machines or poker

machines for use in the Australian jurisdiction, an external

Territory, on an Australian vessel or on a vessel that is not an

Australian vessel but which navigates in the Australian

jurisdiction; and

(b) any corporation that sells, offers or exposes for sale or

supplies gaming machines or poker machines for use in the

Australian jurisdiction, an external Territory, on an

Australian vessel or on a vessel that is not an Australian

vessel but which navigates in the Australian jurisdiction,

whether those machines are manufactured within the

Australian jurisdiction or not.

9 Maximum denomination of notes accepted by bank note acceptors

(1) A corporation must not manufacture a gaming machine or a poker

machine that accepts banknotes with a denomination greater than

$20.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(2) A corporation must not sell, offer or expose for sale or supply a

gaming machine or a poker machine that accepts banknotes with a

denomination greater than $20.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

Part 2 Technical requirements on corporations that manufacture or supply gaming

mach ines and poker mach ines

Section 10

12 Poker Machine Harm Minimisation Bill 2008 No. , 2008

10 Limit on credits entered through banknote acceptors

(1) A corporation must not manufacture a gaming machine or a poker

machine that allows a player, by means of entering banknotes into

the machine's bank note acceptor, to have more than $100 of

accumulated credits.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(2) A corporation must not sell, offer or expose for sale or supply a

gaming machine or a poker machine that allows a player, by means

of entering banknotes into the machine's bank note acceptor, to

have more than $100 of accumulated credits.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(3) This section does not apply in relation to credits accumulated on a

gaming machine or a poker machine through the player playing

that machine.

11 Limits on cre dits entered through gaming machine ticket readers

(1) A corporation must not manufacture a gaming machine or a poker

machine that allows a player, by means of entering a gaming

machine ticket or more than one gaming machine ticket into the

machine's gaming machine ticket reader, to have more than $100

of accumulated credits.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(2) A corporation must not sell, offer or expose for sale or supply a

gaming machine or a poker machine that allows a player, by means

of entering a gaming machine ticket or more than one gaming

machine ticket into the machine's gaming machine ticket reader, to

have more than $100 of accumulated credits.

Technical requirements on corporations that manufacture or supply gaming machines

and poker machines Part 2

Section 12

Poker Machine Harm Minimisation Bill 2008 No. , 2008 13

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

12 Prohibition on multiple line betting

(1) A corporation must not manufacture a gaming machine or a poker

machine that has more than one payline.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(2) A corporation must not sell, offer or expose for sale or supply a

gaming machine or a poker machine that has more than one

payline.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

13 Maximum bet pe r spin

(1) Subject to subsection 14(1), a corporation must not manufacture a

gaming machine or a poker machine that enables a maximum bet

greater than $1 per spin.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(2) Subject to subsection 14(2), a corporation must not sell, offer or

expose for sale or supply a gaming machine or a poker machine

that enables a maximum bet greater than $1 per spin.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

Part 2 Technical requirements on corporations that manufacture or supply gaming

mach ines and poker mach ines

Section 14

14 Poker Machine Harm Minimisation Bill 2008 No. , 2008

14 Maximum bet pe r spin--smart card gaming machines and smart

card poker machines

(1) A corporation must not manufacture a smart card gaming machine

or a smart card poker machine that enables a maximum bet greater

than $5 per spin.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(2) A corporation must not sell, offer or expose for sale or supply a

smart card gaming machine or a smart card poker machine that

enables a maximum bet greater than $5 per spin.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

15 Limit on jackpots and linked-jackpot arrangements

(1) Subject to subsection 16(1), a corporation must not manufacture a

gaming machine or a poker machine that has a jackpot or a

linked-jackpot arrangement greater than $1,000.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(2) Subject to subsection 16(2), a corporation must not sell, offer or

expose for sale or supply a gaming machine or a poker machine

that has a jackpot or a linked-jackpot arrangement greater than

$1,000.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

Technical requirements on corporations that manufacture or supply gaming machines

and poker machines Part 2

Section 16

Poker Machine Harm Minimisation Bill 2008 No. , 2008 15

16 Limit on jackpots and linked-jackpot arrangements--smart card

gaming machines and poke r machines

(1) A corporation must not manufacture a smart card gaming machine

or a smart card poker machine that has a jackpot or a

linked-jackpot arrangement greater than $2,000.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(2) A corporation must not sell, offer or expose for sale or supply a

smart card gaming machine or a smart card poker machine that has

a jackpot or a linked-jackpot arrangement greater than $2,000.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

17 Prohibition on free spins and free games

(1) A corporation must not manufacture a gaming machine or a poker

machine that provides for free spins or free games to be triggered

during a game.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(2) A corporation must not sell, offer or expose for sale or supply a

gaming machine or a poker machine that provides for free spins or

free games to be triggered during a game.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

18 Spin rate

(1) A corporation must not manufacture a gaming machine or a poker

machine that has a spin rate of less than 5 seconds.

Part 2 Technical requirements on corporations that manufacture or supply gaming

mach ines and poker mach ines

Section 18

16 Poker Machine Harm Minimisation Bill 2008 No. , 2008

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(2) A corporation must not sell, offer or expose for sale or supply a

gaming machine or a poker machine that has a spin rate of less

than 5 seconds.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

Technical requirements relating to automatic teller machines owned or operated by or

on behalf of banks, credit unions and other financial institutions Part 3

Section 19

Poker Machine Harm Minimisation Bill 2008 No. , 2008 17

Part 3--Technical requirements relating to

automatic teller machines owned or

operated by or on behalf of banks, credit

unions and other financial institutions

19 Application

This Part applies to any bank, credit union or other financial

institution:

(a) that owns or operates a cash facility that is installed at a

licensed venue; or

(b) on behalf of whom a cash facility is operated at a licensed

venue.

20 Limiting withdrawals and advances from cash facilities

(1) A bank, credit union or other financial institution must not operate

a cash facility, or allow a cash facility to be operated on its behalf,

at a licensed venue that allows a cardholder to obtain by means of

that facility, in any one transaction on any one debit card or credit

card, an amount of cash greater than $100.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(2) A bank, credit union or other financial institution must not operate

a cash facility, or allow a cash facility to be operated on its behalf,

at a licensed venue that allows a cardholder to obtain by means of

that facility, in total transactions on any one day on any one debit

card or credit card, an amount of cash greater than $100.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

Part 4 Technical requirements on corporations that manufacture or supply cash -back

terminals

Section 21

18 Poker Machine Harm Minimisation Bill 2008 No. , 2008

Part 4--Technical requirements on corporations

that manufacture or supply cash-back

terminals

21 Application

This Part applies to:

(a) any corporation that manufactures cash-back terminals for

use in the Australian jurisdiction, an external Territory, on an

Australian vessel or on a vessel that is not an Australian

vessel but which navigates in the Australian jurisdiction; and

(b) any corporation that sells, offers or exposes for sale or

supplies cash-back terminals for use in the Australian

jurisdiction, an external Territory, on an Australian vessel or

on a vessel that is not an Australian vessel but which

navigates in the Australian jurisdiction, whether those

terminals are manufactured within the Australian jurisdiction

or not.

22 Maximum rede mption amount for cash-back terminals

(1) A corporation must not manufacture a cash-back terminal that

allows a player, by means of entering a gaming machine ticket into

the cash-back terminal, to redeem more than $100 in a single

transaction.

Maximum civil penalty:

2,000 penalty units.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(2) A corporation must not sell, offer or expose for sale or supply a

cash-back terminal that allows a player, by means of entering a

gaming machine ticket into the cash-back terminal, to redeem more

than $100 in a single transaction.

Maximum civil penalty:

2,000 penalty units.

Part 5 Civ il penalties

Division A Obtaining an order for a civ il penalty

Section 23

20 Poker Machine Harm Minimisation Bill 2008 No. , 2008

Part 5--Civil penalties

Division A--Obtaining an order for a civil penalty

23 Federal Court may order person to pay pecuniary penalty for

contravening civil penalty provision

Application for order

(1) Within 6 years of a person (the wrongdoer) contravening a civil

penalty provision, the Minister may apply on behalf of the

Commonwealth to the Federal Court for an order that the

wrongdoer pay the Commonwealth a pecuniary penalty.

Court may order wrongdoer to pay pecuniary penalty

(2) If the Court is satisfied that the wrongdoer has contravened a civil

penalty provision, the Court may order the wrongdoer to pay to the

Commonwealth for each contravention the pecuniary penalty that

the Court determines is appropriate (but not more than the relevant

amount specified for the provision).

Determining amount of pecuniary penalty

(3) In determining the pecuniary penalty, the Court must have regard

to all relevant matters, including:

(a) the nature and extent of the contravention; and

(b) the circumstances in which the contravention took place; and

proceedings under this Act to have engaged in any similar

conduct.

Conduct contravening more than one civil penalty provision

(4) If conduct constitutes a contravention of two or more civil penalty

provisions, proceedings may be instituted under this Act against a

person in relation to the contravention of any one or more of those

provisions. However, the person is not liable to more than one

Civil penalties Part 5Obtaining an order for a civ il penaltyDivision A

Section 24

Poker Machine Harm Minimisation Bill 2008 No. , 2008 21

pecuniary penalty under this section in respect of the same

conduct.

24 What is a civil penalty provision?

A subsection of this Act (or a section of this Act that is not divided

into subsections) is a civil penalty provision if the words "civil

penalty" and an amount in penalty units is set out at the foot of the

subsection (or section).

25 Contravening a civil penalty provision is not an offence

A contravention of a civil penalty provision is not an offence.

26 Persons involved in contravening civil penalty provision

(1) A person must not:

(a) aid, abet, counsel or procure a contravention of a civil

penalty provision; or

(b) induce (by threats, promises or otherwise) a contravention of

a civil penalty provision; or

or party to, a contravention of a civil penalty provision; or

(d) conspire to contravene a civil penalty provision.

(2) This Division applies to a person who contravenes subsection (1)

in relation to a civil penalty provision as if the person had

contravened the provision.

27 Recovery of a pecuniary penalty

If the Federal Court orders a person to pay a pecuniary penalty:

(a) the penalty is payable to the Commonwealth; and

(b) the Commonwealth may enforce the order as if it were a

judgment of the Court.

Part 5 Civ il penalties

Division B Enforceable undertakings relating to contraventions of civil penalty

provisions

Section 28

22 Poker Machine Harm Minimisation Bill 2008 No. , 2008

Division B--Enforceable undertakings relating to

contraventions of civil penalty provisions

28 Acceptance of undertakings relating to contraventions of civil

penalty provisions

(1) This section applies if the Minister considers that an action taken

by a body corporate after the commencement of this section

contravened one or more civil penalty provisions of Parts 2, 3 and

(2) The Minister may accept a written undertaking given by an

executive officer on behalf of the body corporate in relation to the

action, in which the body corporate:

(a) undertakes to pay a specified amount, within a specified

period to the Commonwealth; or

(b) any other undertaking in connection with that contravention.

(3) The executive officer on behalf of the body corporate may

withdraw or vary the undertaking at any time, but only with the

consent of the Minister.

29 Enforce ment of undertakings

(1) If the Minister considers that an executive officer who gave an

undertaking under section 28 or the body corporate on behalf of

which an undertaking was given under section 28 has breached any

of its terms, the Minister may apply to the Federal Court for an

order under subsection (2).

(2) If the Federal Court is satisfied that the executive officer or the

body corporate has breached a term of the undertaking, the Court

may make one or more of the following orders:

(a) an order directing the executive officer or the body corporate

to comply with that term of the undertaking;

(b) any other order that the Court considers appropriate.

Commonwealth of Australia Bills

POKER MACHINE HARM MINIMISATION BILL 2008