New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
Omit "Board" and "Board's"
wherever occurring.
Insert instead "Authority" and "Authority's", respectively.
Omit "hotelier's licence" and "hoteliers'
licences" wherever occurring.
Insert instead "hotel licence" and "hotel licences", respectively.
Insert at the end of the section:
Note: This Act is part of the gaming and liquor legislation for the purposes of the Casino, Liquor and Gaming Control Authority Act 2007 . That Act contains administrative and other relevant provisions that apply in relation to this Act (including investigation and enforcement powers and provisions relating to the probity of officials).
Omit "Licensing Court, the Board," from section 3
(2).
Insert instead "Authority,".
Insert in alphabetical order in section 4 (1):
"Authority" means the Casino, Liquor and Gaming Control Authority constituted under the Casino, Liquor and Gaming Control Authority Act 2007 .
Omit the definitions. Insert instead in alphabetical order:
"Board" has the meaning given to it under this section immediately before the substitution of this definition by Schedule 3 to the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 .
"close associate" means a close associate within the meaning of the Casino, Liquor and Gaming Control Authority Act 2007 .
"Director" means the Director of Liquor and Gaming holding office as such under Chapter 1A of the Public Sector Employment and Management Act 2002 .
"Director-General" means the Director-General of the Department of the Arts, Sport and Recreation.
"gaming machine area", in relation to a registered club, means any part of the premises of the club in which approved gaming machines are located.
"hotel" "" and "hotelier" have the same meanings as in the Liquor Act 2007 , and "hotel licence" means a hotel licence (other than a general bar licence) under that Act.
"hotelier's licence" has the meaning given to it under this section immediately before the substitution of this definition by Schedule 3 to the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 .
"inspector" means an inspector within the meaning of the Casino, Liquor and Gaming Control Authority Act 2007 .
"new club" means:(a) a club that, on or after 26 July 2001, is or was registered for the first time under the Registered Clubs Act 1976 (other than as the result of an amalgamation under section 17A of that Act), or(b) a club whose premises become licensed for the first time under the Liquor Act 2007 (other than as the result of the transfer of a club licence under section 60 of that Act or because of the operation of clause 93 of Schedule 2 to the Registered Clubs Act 1976 )."new hotel" means:(a) a hotel that became licensed for the first time under the Liquor Act 1982 on or after 26 July 2001 or a hotel to which a licence under that Act was removed after that date, or(b) a hotel that becomes licensed for the first time under the Liquor Act 2007 (otherwise than because of the operation of clause 3 of Schedule 1 to that Act), or(c) a hotel to which a licence is removed under that Act."registered club" means a club that holds a club licence under the Liquor Act 2007 .
"temporary premises", in relation to a hotel or registered club, means any premises approved by the Authority under section 96 of the Liquor Act 2007 .
Omit "in the hotel or club" wherever
occurring.
Insert instead "in the hotel or on the premises of the club".
Insert "on the premises of a" after "a hotel or" wherever occurring.
Omit the definitions.
Omit " Liquor Act 1982 " wherever occurring.
Insert instead " Liquor Act 2007 ".
Omit the sections.
Omit the section. Insert instead:
9 Subsidiary equipment not included in calculation of gaming machine numbers In calculating (for the purposes of this Act) the number of approved gaming machines in a hotel or on the premises of a registered club, any subsidiary equipment:(a) kept in the hotel or on the premises of the club, and(b) approved by the Authority for use in connection with such gaming machines,is to be disregarded.
Omit "registered club" wherever occurring. Insert instead "club premises".
Omit section 17 (1) (b). Insert instead:
(b) a registered club that acquires additional premises (other than as the result of an amalgamation as referred to in Division 1A of Part 2 of the Registered Clubs Act 1976 ),
Omit section 21 (6) (including the note to that subsection). Insert instead:
(6) If a registered club ( "the dissolved club") amalgamates with another registered club ( "the parent club") as referred to in Division 1A of Part 2 of the Registered Clubs Act 1976 , any poker machine entitlements allocated in respect of the premises of the dissolved club are taken to be transferred to those same premises without the forfeiture of any entitlement to the Authority.
Omit the section. Insert instead:
24 Transfer of poker machine entitlements when licence of registered club surrendered or cancelled(1) If, in relation to the premises of a registered club:(a) the licence of the club is surrendered or cancelled under the Liquor Act 2007 , or(b) the club's authorisation under Part 5 to keep approved gaming machines is cancelled,any poker machine entitlements allocated in respect of the premises may, in accordance with this Division, be transferred.(2) If, at the end of the period of 12 months immediately following the surrender or cancellation of the club's licence, or the cancellation of the club's authorisation under Part 5, any such poker machine entitlements have not been transferred, the remaining entitlements are forfeited to the Authority.(3) This section does not apply in relation to a registered club merely because:(a) the licence of the club, or its authorisation under Part 5 to keep approved gaming machines, is suspended, or(b) the club has temporarily ceased to trade on the premises to which the licence of the club relates.
Omit "
Registered Clubs Act 1976 " wherever occurring.
Insert instead " Liquor Act 2007 ".
Omit "in a
registered club" wherever occurring.
Insert instead "on the premises of a registered club".
Omit "kept in" wherever occurring. Insert instead "kept on the premises of".
Omit section 31A (2) (a). Insert instead:
(a) the licence of a registered club is surrendered or cancelled under the Liquor Act 2007 , or
Omit the subsection. Insert instead:
(3) Subsection (2) does not apply in relation to the cancellation of a registered club's licence if that cancellation is the result of an amalgamation with another registered club as referred to in Division 1A of Part 2 of the Registered Clubs Act 1976 .
Omit section 32 (4).
Omit section 33 (3) (b). Insert instead:
(b) a club on whose behalf an application for a licence has been made, but has not yet been granted, under the Liquor Act 2007 ,
Omit
"or registered club that is".
Insert instead "that is, or on the premises of a registered club that are,".
Omit the section.
Insert "the premises of a" before "registered club" wherever occurring.
Omit
"or club" wherever occurring.
Insert instead "or the premises of the club".
Omit the section. Insert instead:
41 Approval of different shutdown periods for "early openers"(1) This section applies in relation to a hotel or the premises of a registered club (a "venue") if, in the opinion of the Authority, the venue:(a) was, on a regular basis before 1 January 1997, open for business before 10 am on at least one day of the week, and(b) was, on a regular basis before 1 January 1997, closed for business between midnight and 10 am for a minimum of 3 hours on at least one day of the week, and(c) has continued, and is continuing, to open and close on that same basis ever since.(2) The Authority may, on application made in respect of a venue to which this section applies, approve of the venue having:(a) a different 6-hour shutdown period to the general 6-hour shutdown period referred to in section 39, or(b) a different 3-hour shutdown period on Saturdays, Sundays and public holidays to the 3-hour shutdown period referred to in section 40, or(c) a different 3-hour shutdown period to the limited shutdown period referred to in section 40A.(3) The Authority may only approve of a venue having any such different shutdown period if the approved period is consistent with the opening and closing times (as referred to in subsection (1)) of the venue.(4) If any such different shutdown period is approved for the time being in respect of a venue, the hotelier or registered club concerned must ensure that each approved gaming machine that is kept in the venue is not operated for the purposes of gambling during the approved period.Maximum penalty: 100 penalty units.(5) Despite any other provision of this section, the Authority's approval of a venue having different shutdown periods may be given only in respect of those days of the week on which the venue has continued:(a) to close for business between midnight and 10 am for a consecutive period of at least 3 hours, and(b) to re-open for business before 10 am.
Omit section 42 (2). Insert instead:
(2) This Division does not affect the operation of the Liquor Act 2007 , or of any other Act or law, in relation to the hours during which a hotel or registered club is authorised to trade.
Insert "on the premises of" before "registered clubs" wherever occurring.
Omit "in the club" wherever occurring.
Insert instead "on the club's premises".
Omit section 48 (1). Insert instead:
(1) For the purpose of providing practical guidance for the promotion of responsible practices and conduct in relation to approved gaming machines in hotels and on the premises of registered clubs, the Minister is to approve industry codes of practice that set out the standards to be observed by hoteliers and registered clubs.
Omit "Department of Gaming and Racing".
Insert instead "NSW Office of Liquor, Gaming and Racing, Department of the
Arts, Sport and Recreation".
Omit "or
club" from section 49 (2).
Insert instead "or the entire club premises".
Omit "documentary evidence" from section 51 (2).
Insert instead "an evidence of age document (within the meaning of the
Liquor Act 2007 )".
Omit "of the registered club" from section 52 (4) (b).
Omit "documentary
evidence" from section 53 (1) (b).
Insert instead "an evidence of age document (within the meaning of the
Liquor Act 2007 )".
Insert "on the premises of the" after "the hotel or" wherever occurring.
Omit "the Licensing Court"
from section 58 (1) (a).
Insert instead "a court".
Omit "a registered club moves".
Insert instead "the licence of a registered club is removed".
Omit the subsection. Insert instead:
(4) A reference in subsection (2) or (3) to the removal of a licence to other premises includes a reference to the carrying on of the business under the licence on temporary premises.
Omit "primary purpose test" from section 59 (1).
Insert "hotel primary purpose test (as referred to in section 15 of the
Liquor Act 2007 )".
Omit section 60 (2). Insert instead:
(2) An approved gaming machine cannot be authorised to be kept in a hotel or on the premises of a registered club:(a) that is or are part of a retail shopping centre or proposed retail shopping centre, or(b) that was or were part of a retail shopping centre within the previous 12 months.
Omit the subsection. Insert instead:
(5) If an application is granted under the Liquor Act 2007 that results in the premises of a registered club being moved or extended to premises that are part of a retail shopping centre or proposed retail shopping centre, any authorisation to keep approved gaming machines in that new part of the club's premises ceases.
Omit section 60A (1). Insert instead:
(1) This section applies to a hotel that is, or to licensed club premises that are, part of a retail shopping centre or proposed retail shopping centre.
Omit " Board ". Insert instead " Authority ".
Omit " Board's ". Insert instead " Authority's ".
Omit " section 75 of the Liquor Act 1982 " from section 67
(5).
Insert instead "section 13 of the Casino, Liquor and Gaming Control Authority
Act 2007 ".
Omit "a special inspector" wherever
occurring.
Insert instead "an inspector".
Omit section 70 (2) (b). Insert instead:
(b) by a club if:(i) the club has been disqualified from holding a licence under the Liquor Act 2007 and the period of disqualification has not expired, or(ii) the licence of the club has been cancelled under the Liquor Act 2007 ,and the possession has not extended beyond a reasonable time after the disqualification or cancellation.
Omit section 71 (5) (c). Insert instead:
(c) a club whose licence under the Liquor Act 2007 has been cancelled (or which has been disqualified for a period from holding a club licence under that Act) if the supply is effected in accordance with arrangements approved by the Authority.
Omit section 73 (3) (b). Insert instead:
(b) is named in the statement referred to in section 41 of the Liquor Act 2007 , or in the information provided to the Authority under section 55 of that Act, in relation to that licence.
Omit section 85 (5) (c). Insert instead:
(c) a club whose licence under the Liquor Act 2007 has been cancelled (or which has been disqualified for a period from holding a club licence under that Act) if the sale is effected in accordance with arrangements approved by the Authority.
Omit "Licensing Court" wherever occurring. Insert instead "Authority".
Omit section 88 (6).
Omit "Principal Registrar" wherever occurring. Insert instead "Authority".
Omit "an affidavit" from
section 91 (1).
Insert instead "a written statement".
Omit "the affidavit". Insert instead "the statement".
Omit the section. Insert instead:
94 Investigations, inquiries and referrals in relation to licence applications(1) If the Authority receives an application for a gaming-related licence, the Authority:(a) may carry out such investigations and inquiries in relation to the application as the Authority considers necessary for a proper consideration of the application, and(b) is to refer the application to the Director unless the regulations otherwise provide.(2) The Director is to inquire into, and to report to the Authority on, such matters in relation to the application as the Authority may request.(3) For the purposes of subsection (2), the Director may carry out such investigations and inquiries in relation to the application as the Director considers necessary.(4) In particular, the Director may refer to the Commissioner of Police details of the application together with any supporting information in relation to the application that the Director considers to be appropriate for referral to the Commissioner.(5) The Commissioner of Police is to inquire into, and report to the Director on, such matters concerning the application as the Director may request.
Insert after section 95:
95A Submissions in relation to licence applications(1) Any person may, subject to and in accordance with the regulations, make a submission to the Authority in relation to an application for a gaming-related licence.(2) If any such submission is made to the Authority, the Authority is to take the submission into consideration before deciding whether or not to grant the gaming-related licence.
Omit the sections. Insert instead:
101 Granting of gaming-related licences generally(1) The Authority may, after considering an application for a gaming-related licence and any submissions received by the Authority in relation to the application, grant the licence or refuse to grant the licence.(2) The regulations may prescribe, or provide for the determination of, a fee in respect of the granting of a gaming-related licence. If any such fee is prescribed or determined, the gaming-related licence does not take effect unless the fee has been paid.(3) The Authority may, in granting a gaming-related licence, specify requirements that are to be complied with before the licence takes effect. The gaming-related licence does not take effect until such time as any such requirements have been complied with.(4) A gaming-related licence is to be in the form approved by the Authority.(5) The Authority must not grant a gaming-related licence unless the Authority is satisfied that the applicant is a fit and proper person to carry on the business or activity to which the licence relates.(6) The regulations may provide mandatory or discretionary grounds for refusing the granting of a gaming-related licence.
102 Granting of testing facility licence A testing facility licence:(a) if granted, is to be granted in respect of premises specified in the licence, and(b) must not be granted unless the Authority is satisfied that the premises concerned are suitable for the testing of poker machines and devices in the nature of approved amusement devices.
Omit the section. Insert instead:
104 Conditions of gaming-related licences(1) A gaming-related licence is subject to:(a) such conditions as may be imposed by the Authority (whether at the time the licence is granted or at any later time) under this Act, and(b) such conditions as are imposed by this Act or prescribed by the regulations, and(c) such other conditions as are authorised to be imposed on the licence under this Act.(2) The holder of a gaming-related licence must comply with any conditions to which the licence is subject.Maximum penalty: 100 penalty units.(3) The Authority must not impose a condition on a gaming-related licence after it has been granted, or vary or revoke a condition that has been imposed by the Authority, unless the Authority has:(a) given the licensee a reasonable opportunity to make submissions in relation to the proposed decision, and(b) taken those submissions into consideration before making the decision.(4) The Authority may vary or revoke a condition of a gaming-related licence that has been imposed by the Authority:(a) at any time on the application of the licensee or the Commissioner of Police, or(b) at any time on the Authority's own initiative.(5) An application by a licensee under subsection (4) to vary or revoke a condition imposed by the Authority must:(a) be in the form and manner approved by the Authority, and(b) be accompanied by the fee prescribed by the regulations, and(c) if required by the regulations to be advertised--be advertised in accordance with the regulations.(6) Any person may, subject to and in accordance with the regulations, make a submission to the Authority in relation to an application by a licensee under subsection (4).(7) If any such submission is made to the Authority, the Authority is to take the submission into consideration before deciding whether or not to vary or revoke the condition of the gaming-related licence concerned.
Omit "and lodged" from section 110 (3).
Omit section 110 (4) and (5). Insert instead:
(4) The Authority may reinstate the licence or work permit if the Authority is satisfied that there is a reasonable explanation for the failure to pay the licence fee that resulted in the cancellation of the licence or work permit.
Omit the Division.
Omit section 118 (1). Insert instead:
(1) If a person (other than the licensee or a financial institution) becomes interested in the business, or the profits of the business, carried on under a gaming-related licence, it is a condition of the gaming-related licence that the Authority is to be provided with the following information within 28 days after the other person becomes so interested:(a) the name and date of birth of the person so interested and, in the case of a proprietary company, the names of the directors and shareholders,(b) a statement that the licensee has made all reasonable inquiries to ascertain the information referred to in paragraph (a).
Omit the Part. Insert instead:
127 Interpretation(1) In this Part:
"close associate" means a close associate of a hotelier or gaming-related licensee.
"licensee" means:(a) a hotelier, or(b) a registered club, or(c) the holder of a gaming-related licence (referred to in this Part as "a gaming-related licensee").(2) In this Part:(a) a reference to a licensee includes a reference to a former licensee, and(b) a reference to a conviction for an offence under this Act or the regulations does not include a reference to a conviction for an offence prescribed by the regulations for the purposes of this section.(3) Without limiting the grounds on which disciplinary action may be taken under this Part, the grounds for taking any such action may relate to conduct occurring before the substitution of this Part by Schedule 3 to the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 .
128 Director may carry out inquiries and investigations(1) The Director may carry out such investigations and inquiries as the Director considers to be necessary in order to ascertain whether a complaint should be made under this Part in relation to a licensee or close associate.(2) The Commissioner of Police is to inquire into, and report to the Director on, such matters as the Director may request concerning the licensee or close associate to whom the complaint, if made, would relate.(3) The Director may, by notice in writing, require a licensee or close associate who is the subject of an investigation under this section to do one or more of the following things:(a) provide, in accordance with directions in the notice, such information verified by statutory declaration as, in the opinion of the Director, is relevant to the investigation and is specified in the notice,(b) produce, in accordance with directions in the notice, such records as, in the opinion of the Director, are relevant to the investigation and permit examination of the records, the taking of extracts from them and the making of copies of them,(c) authorise a person described in the notice to comply with a requirement of the kind referred to in paragraph (a) or (b),(d) furnish to the Director such authorisations and consents as the Director requires for the purpose of enabling the Director to obtain information (including financial and other confidential information) from other persons concerning the person under investigation and the person's associates.(4) A person who complies with a requirement of a notice under subsection (3) does not on that account incur a liability to another person.(5) A person must not fail to comply with a requirement of the Director contained in a notice under subsection (3).Maximum penalty: 20 penalty units.
129 Grounds for making complaint(1) A complaint in relation to a licensee or close associate may be made to the Authority by any of the following (referred to in this Part as "the complainant"):(a) the Director,(b) the Commissioner of Police,(c) a person authorised by the regulations to make a complaint under this Part.(2) A complaint must be in writing and specify the grounds on which it is made.(3) The grounds on which a complaint in relation to a licensee or close associate may be made are as follows:(a) that the licensee:(i) has contravened a provision of this Act or the regulations, or(ii) has failed to comply with any requirement under this Act or the regulations that relates to the licensee, or(iii) has been convicted of an offence under this Act or the regulations or of an offence prescribed by the regulations for the purposes of this section,(b) that the hotelier or registered club has engaged in conduct that has encouraged, or is likely to encourage, the misuse and abuse of gambling activities in the hotel or on the premises of the club concerned,(c) that the hotelier or registered club has failed to comply with any of the conditions to which an authorisation under Part 5 is subject (including, in the case of a hotelier, the condition that the hotelier comply with the hotel primary purpose test as referred to in section 15 of the Liquor Act 2007 in respect of the hotel),(d) that the hotelier or registered club has failed to pay tax within the meaning of the Gaming Machine Tax Act 2001 , or an instalment of any such tax, within the time allowed by or under that Act, or has failed to pay a penalty or interest due for late payment of any such tax or instalment,(e) that the gaming-related licensee:(i) has failed to comply with a condition of the gaming-related licence, or(ii) has failed to comply with an order or direction of the Authority, or(iii) has failed to make due payment of a penalty for late payment of a fee in accordance with this Act, or(iv) is no longer a fit and proper person to hold a gaming-related licence,(f) that the close associate is (or has become) a close associate of a hotelier or gaming-related licensee while disqualified by the Authority from being a close associate,(g) that the close associate is not a fit and proper person to be a close associate of a hotelier or gaming-related licensee,(h) that a complaint against a hotelier or gaming-related licensee under this section has been made and that:(i) the close associate knew or ought reasonably to have known that the hotelier or gaming-related licensee was engaging (or was likely to engage) in conduct of the kind to which the complaint relates, and(ii) the close associate failed to take all reasonable steps to prevent the licensee from engaging in conduct of that kind,(i) that a person who is interested in the business, or in the conduct or profits of the business, carried on under the gaming-related licence is not a fit and proper person to be so interested,(j) that the gaming-related licence has not been exercised in the public interest,(k) that the licensee or close associate has failed to comply with a requirement of the Director made under section 128 in relation to the investigation of the licensee or close associate.
130 Procedure for taking disciplinary action(1) If a complaint in relation to a licensee or close associate is made under this Part, the Authority must, before taking any disciplinary action against the licensee or close associate, notify the licensee or close associate in writing of the grounds on which the Authority is proposing to take disciplinary action.(2) Any such notice is to invite the licensee or close associate to show cause, by way of a written submission, as to why the Authority should not take disciplinary action against the licensee or close associate.(3) The Authority must also, before taking disciplinary action against a gaming-related licensee, invite written submissions from the following persons:(a) each person named in the written statement referred to in section 91 that accompanied the application for the licence,(b) each person named in the information provided to the Authority (as required by section 118) who has become interested in the business, or the conduct of the business, carried out on the licence.(4) The Authority may specify:(a) the time within which a submission under this section may be made, and(b) any other requirements that must be complied with in relation to the making of any such submission.(5) If any written submission is made in accordance with this section, the Authority must take the submission into consideration in deciding whether or not to take disciplinary action against the licensee or close associate concerned.
131 Disciplinary powers of Authority(1) The Authority may deal with and determine a complaint that is made to it under this Part.(2) If the Authority is satisfied that any of the grounds on which the complaint was made apply in relation to the licensee or close associate, the Authority may decide not to take any action or may decide to do any one or more of the following:(a) order the hotelier or gaming-related licensee to pay, within such time as is specified in the order:(i) a monetary penalty not exceeding 500 penalty units (in the case of a corporation) or 200 penalty units (in any other case), or(ii) if circumstances of aggravation exist in relation to the complaint--a monetary penalty not exceeding 1,000 penalty units (in the case of a corporation) or 400 penalty units (in any other case),(b) order the registered club to pay, within such time as is specified in the order, a monetary penalty not exceeding 2,500 penalty units or, if circumstances of aggravation exist in relation to the complaint, not exceeding 5,000 penalty units,(c) if the ground that applies is any of the grounds referred to in section 129 (3) (a), (b), (c), (d) or (f):(i) cancel the hotelier's or registered club's licence under the Liquor Act 2007 or the gaming-related licence, or(ii) suspend the hotelier's or registered club's licence under the Liquor Act 2007 or the gaming-related licence for such period as the Authority thinks fit, or(iii) cancel, suspend or modify any authorisation or approval under this Act for the hotelier or registered club to keep approved gaming machines, or(iv) disqualify the hotelier or registered club from keeping approved gaming machines for such period as the Authority thinks fit,(d) cancel the gaming-related licensee's licence or suspend the licence for such period as the Authority thinks fit,(e) impose or vary a condition to which the gaming-related licence is subject,(f) disqualify the gaming-related licensee from holding a gaming-related licence for such period as the Authority thinks fit,(g) disqualify the close associate from being a close associate of a licensee for such period as the Authority thinks fit,(h) disqualify the close associate from holding a gaming-related licence for such period as the Authority thinks fit,(i) order the licensee to pay the amount of any costs incurred:(i) by the Director in carrying out any investigation or inquiry under section 128 in relation to the licensee or close associate, or(ii) by the Authority in connection with the taking of disciplinary action against the licensee or close associate under this section,(j) reprimand the licensee or close associate.(3) If the Authority orders a licensee to pay a monetary penalty under this section and the penalty is not paid within the time specified in the order, the Authority may:(a) cancel the licence, or(b) suspend the licence until such time as the penalty is paid (or for such other period as the Authority thinks fit).(4) While a person is disqualified by the Authority under this section from being a close associate of a gaming-related licensee, the person is conclusively presumed for the purposes of this Act to be a person who is not a fit and proper person to be a close associate of a gaming-related licensee.(5) For the purposes of this section, circumstances of aggravation exist in relation to a complaint if any of the following paragraphs applies:(a) the complaint alleges that for the reasons specified in the complaint the matter of the complaint is so serious as to warrant the taking of action that is available to the Authority when circumstances of aggravation exist,(b) the Authority, in finding that the matter of the complaint has been made out, is of the opinion (having regard to such matters as the number and seriousness of the contraventions involved, the number of people involved in the contravention, the seriousness of the outcome of the contravention, or other relevant considerations) that the matter of the complaint is so serious as to warrant the taking of action that is available to the Authority when circumstances of aggravation exist.
131A Procedure for implementing disciplinary action(1) If the Authority decides to take disciplinary action against a licensee or close associate under this Part, the Authority is required to serve on the licensee or close associate a notice informing the person of the Authority's decision.(2) The notice must include the reasons for the Authority's decision.(3) Any disciplinary action under this Part takes effect when notice of it is given or on a later date specified in the notice.(4) The Authority may, by serving a further notice on the licensee or close associate concerned, cancel a notice under this section before the notice takes effect.(5) The Authority is not prevented from taking disciplinary action under this Part merely because the licensee or close associate is subject to criminal or civil proceedings that relate to the same matters or incident to which the disciplinary action relates.
131B Requirement for legal member of Authority to be present The Authority cannot determine any complaint made to it under this Part (including any decision to take any disciplinary action) unless a member of the Authority who is or has been a Judge, or who has been an Australian lawyer for at least 7 years, is present at the meeting of the Authority (or the committee of the Authority) at which the complaint is determined or the decision to take the action is made.
131C Review by ADT of decision by Authority under this Part(1) An application for the review of a decision by the Authority in relation to a complaint under this Part may be made to the Administrative Decisions Tribunal.(2) An application for such a review may be made by:(a) the licensee or person against whom any disciplinary action is taken by the Authority in relation to the complaint, or(b) the complainant.(3) Part 2 of Chapter 5 of the Administrative Decisions Tribunal Act 1997 does not apply to an application to the Administrative Decisions Tribunal for a review of a decision by the Authority under this Part.
Omit section 133A (3). Insert instead:
(3) If any such details are recorded in a CMS connectivity certificate by a technician in relation to an approved gaming machine in a hotel or on the premises of a registered club, the hotelier or club must:(a) keep a copy of the certificate in the hotel or on the premises of the club, and(b) if requested to do so by an inspector, produce the copy for inspection by the inspector.Maximum penalty: 10 penalty units.
Insert after section 140:
140A Protection from personal liability Anything done or omitted to be done by a person who is an employee of the CMS licensee in exercising the functions conferred or imposed on the person by or under this Act, or in the course of the administration of this Act, does not, if it was done or omitted to be done in good faith, subject the person personally to any action, liability, claim or demand.
Omit the definition of "participating club". Insert instead:
"participating club" means a registered club whose premises are part of an authorised inter-club linked gaming system.
Omit "or registered clubs" from
section 153 (5) (d).
Insert "or club premises".
Omit the Part.
Omit " Legal ". Insert instead " Criminal ".
Omit the Division.
Omit the heading.
Omit "legal proceedings under this
Act" from section 194 (1).
Insert instead "proceedings under this Act (whether or not for an offence
under this Act or the regulations)".
Omit the subsection. Insert instead:
(2) In any proceedings for an offence under this Act or the regulations, an allegation that, at a specified time, a person was under the age of 18 years is evidence of the truth of the allegation unless the defendant denies the allegation in the manner prescribed by the regulations.
Omit the section. Insert instead:
197 Proceedings for offences(1) Proceedings for an offence under this Act or the regulations are to be dealt with summarily before the Local Court.(2) Proceedings for an offence under this Act or the regulations may be commenced within but not later than 12 months after the date on which the offence is alleged to have been committed.
Omit the section. Insert instead:
198 Additional penalties In addition to any other penalty that a court may impose for an offence committed by a hotelier, registered club or holder of a gaming-related licence under this Act or the regulations, the court may, if it thinks it appropriate, do any one or more of the following:(a) cancel the hotel licence, club licence or gaming-related licence concerned,(b) cancel, suspend or modify any authorisation or approval under this Act for the hotelier or registered club to keep approved gaming machines,(c) disqualify the hotelier or registered club from keeping approved gaming machines for such period as the court thinks fit,(d) impose a condition to which the hotel licence, club licence or gaming-related licence is to be subject or revoke or vary a condition to which the hotel licence, club licence or gaming-related licence is subject,(e) suspend the hotel licence, club licence or gaming-related licence for such period, not exceeding 12 months, as the court thinks fit,(f) disqualify the holder of the gaming-related licence from holding a gaming-related licence for such period as the court thinks fit,(g) reprimand the hotelier, registered club or holder of the gaming-related licence.
Omit section 199 (1). Insert instead:
(1) In addition to or as an alternative to:(a) any disciplinary action that the Authority may take under Part 8, or(b) any penalty that a court imposes in any proceedings in which it finds a person guilty of an offence under this Act or the regulations (being an offence that is prescribed by the regulations for the purposes of this section),the Authority or the court (as the case requires) may make an order requiring a responsible person to undertake any specified course of training that the Authority or the court considers will promote responsible practices in relation to the keeping and operation of approved gaming machines in the hotel or on the premises of the club concerned.
Insert after section 199 (2):
(3) For the purposes of this section, "responsible person" means:(a) in the case of a hotel--the hotelier, the manager of the hotel or any other person involved in the conduct of gambling activities in the hotel, and(b) in the case of a registered club--the secretary of the club or any director or employee of the club.
Omit "a holder" from section 202 (1). Insert instead "holder".
Omit ", the Director or a special" from the
definition of
"authorised officer" in section 203 (10).
Insert instead "or an".
Insert after section 203:
203A Forfeiture and seizure of gaming machines(1) If, in any proceedings before it, a court determines that this Act or the regulations, or a condition of a gaming-related licence, has been contravened in relation to an approved gaming machine, the court may order the forfeiture to the Crown of the gaming machine and any money found in it.(2) A police officer may seize and carry away anything that the police officer reasonably suspects may be liable to forfeiture under this section or which a court has ordered to be forfeited to the Crown, including any money in an approved gaming machine at the time of its seizure.
Omit "the Board or any
officer, employee or agent of the Crown or the Board" from section 204 (2).
Insert instead "any officer, employee or agent of the Crown".
Insert after section 205A:
205B Hoteliers and clubs must comply with requirements of inspectors(1) An inspector may require a hotelier or registered club to do any of the following:(a) to withdraw from operation an approved gaming machine that, in the opinion of the inspector, is not operating properly,(b) to refrain from making available for operation an approved gaming machine withdrawn from operation under paragraph (a) until, in the opinion of the inspector or another inspector, it is operating properly,(c) to refrain from making an approved gaming machine available for operation except in accordance with controls specified by the inspector in relation to the gaming machine,(d) to deliver to the Authority, in writing in the English language and within a time specified by the inspector, such particulars relating to an approved gaming machine in the hotel or club as are so specified,(e) to refrain from making available for operation an approved gaming machine indicated by the inspector until it has been fitted with a device approved by the Authority for the purposes of the secure keeping and operation of the gaming machine.(2) A hotelier or registered club must comply with any such requirement given to the hotelier or club.Maximum penalty: 50 penalty units.
Insert "(including any public authority of the State or the Commonwealth)" after "body" in section 206 (5) (e).
Omit ", registered clubs" from section 209 (1).
Insert instead "or on the premises of registered clubs".
Omit ", registered club".
Insert instead "or on the premises of a registered club".
Omit "in a hotel or registered club".
Insert instead "in a hotel or on the premises of a registered club".
Insert "the premises of" before "registered clubs" wherever occurring in section 210 (2) (n) and (t).
Omit the paragraph.
Insert at the end of clause 1 (1):
Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 , to the extent that it amends this Act
Insert after Part 8:
33 Definitions In this Part:
"amending Act" means the Miscellaneous Acts (Casino, Liquor and Gaming) Amendment Act 2007 .
"former Board" means the Liquor Administration Board constituted by section 72 of the former Liquor Act.
"former Court" means the Licensing Court constituted under the former Liquor Act.Note: The Licensing Court is abolished on the repeal of Part 2 of the former Liquor Act--see clause 23 of Schedule 1 to the Liquor Act 2007 ."former Liquor Act " means the Liquor Act 1982 as in force immediately before its repeal by the Liquor Act 2007 .
34 Pending applications and proceedings(1) If any authorisation, appointment or other matter is granted or determined pursuant to this clause, it is taken to have been granted or determined under this Act (as amended by Schedule 3 to the amending Act).(2) Proceedings pending before the Licensing Court If, before the repeal of Part 2 of the former Liquor Act, proceedings in relation to any matter under this Act were commenced in the former Court but the former Court had not determined the matter:(a) the matter may continue to be dealt with and determined by the Local Court as if it were sitting as the former Court, and(b) the provisions of this Act (as in force immediately before being amended by Schedule 3 to the amending Act) and the former Liquor Act continue to apply, as if they had not been amended, for the purposes of:(i) the hearing and determination of the matter, and(ii) any appeal against the former Court's determination of the matter.(3) In hearing and determining a matter that is the subject of any such pending proceedings, the Local Court has the same jurisdiction as the former Court had immediately before it was abolished.(4) Matters being dealt with by the Liquor Administration Board If, before the repeal of section 72 of the former Liquor Act, any matter under this Act was being dealt with by the former Board (including by any person to whom the functions of the Board were delegated under section 75 of the former Liquor Act) but had not been determined by the date of that repeal:(a) the former Board (or the person to whom those functions were delegated) is to continue to deal with the matter as if the former Board had not been abolished, and(b) the provisions of this Act (as in force immediately before being amended by Schedule 3 to the amending Act) continue to apply in relation to the determination of the matter by the former Board (or by the person to whom those functions were delegated) as if those provisions had not been so amended.(5) If any such pending matter before the former Board is not determined within such period as may be prescribed by the regulations, the Authority may deal with the matter instead under the relevant provision of this Act.(6) The continuation, for the purposes of this clause, of the provisions of this Act (as in force immediately before being amended by Schedule 3 to the amending Act) and the former Liquor Act is subject to such modifications as may be prescribed by the regulations.(7) For the purposes of this clause, "amended" includes repealed.
35 Existing conditions imposed by former Court or former Board(1) Any condition imposed by the former Court or the former Board (whether under the former Liquor Act or this Act) in relation to any matter under this Act, being a condition in force immediately before the repeal of Part 4 of the former Liquor Act, is taken to have been imposed by the Authority under this Act (and accordingly a reference to the former Court or the former Board in or in relation to any such condition is to be construed as a reference to the Authority).(2) The Authority has such powers as are necessary to give effect to any such condition and may vary or revoke the condition.
36 General savings provision(1) Subject to the regulations, anything done under or for the purposes of a provision of this Act that had effect immediately before the provision was amended by Schedule 3 to the amending Act is taken to have been done under or for the purposes of this Act as so amended.(2) Without limiting subclause (1), any licence, authorisation or approval that was in force under a provision of this Act immediately before the amendment of the provision by Schedule 3 to the amending Act is taken to be a licence, authorisation or approval in force under this Act as so amended.