Queensland Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

GAMBLING LEGISLATION AMENDMENT ACT 2004 No. 21 - SECT 115

115 Insertion of new pt 11, div 2A

Part 11, after section 216--

insert--

'(1) A person may give to a general operator a notice in the approved form (a "self-exclusion notice") asking the general operator to prohibit the person from taking part in approved wagering at, or entering or remaining in, the operator's approved place of operation.

'(2) The person must, if asked by the general operator, give the operator a recent photo of the person together with the notice.

'(3) If a general operator has more than 1 approved place of operation, a self-exclusion notice may relate to a stated approved place of operation, or all approved places of operation, of the operator.

'(1) If a person gives a general operator a self-exclusion notice under section 216A, the general operator must as soon as practicable give to the person--

(a) a notice in the approved form (a "self-exclusion order") prohibiting the person from entering or remaining in, or taking part in approved wagering at, the operator's approved place of operation; and
(b) details, including the name and address, of at least 1 entity that provides counselling services for problem gamblers.

Maximum penalty--50 penalty units.

'(2) A self-exclusion order has effect for the period--

(a) starting when it is given to the person; and
(b) ending on the earlier of the following--
(i) when a revocation notice for the order takes effect under section 216C(3);
(ii) the day that is 5 years after the day the order is given to the person.

'(3) If a general operator gives a person a self-exclusion order, the operator must as soon as practicable give to the chief executive a copy of--

(a) the order; and
(b) the self-exclusion notice relating to the order.

'(1) A person who is given a self-exclusion order may, by notice in the approved form (a "revocation notice") given to the general operator for the approved place of operation to which the order relates, revoke the order.

'(2) However, the person may revoke the order only--

(a) within 24 hours after the person receives it; or
(b) after 1 year after the person receives it.

'(3) A revocation notice takes effect--

(a) if the notice is given to the general operator under subsection (2)(a)--when it is given to the operator; or
(b) otherwise--28 days after the day it is given to the operator.

'(4) The general operator must, as soon as practicable after receiving a revocation notice, give the chief executive written notice of the revocation.

'(1) A general operator may give a person a notice in the approved form (an "exclusion direction") prohibiting the person from taking part in approved wagering at, or entering or remaining in, the operator's approved place of operation if the operator believes on reasonable grounds the person is a problem gambler.

'(2) If a general operator has more than 1 approved place of operation, an exclusion direction may relate to a stated approved place of operation, or all approved places of operation, of the operator.

'(3) If a general operator decides to give a person an exclusion direction--

(a) the direction must be accompanied by an information notice for the decision; and
(b) the operator must, as soon as practicable after giving the direction, give a copy of it to the chief executive.

'An exclusion direction has effect for the period--

(a) starting when it is given to the person concerned; and
(b) ending on the earlier of the following--
(i) if the decision to give the direction is set aside on appeal under part 14, division 1--when the decision is set aside;
(ii) if a revocation notice for the direction takes effect under section 216G(6)--when the notice takes effect;
(iii) if a decision, under section 216G, refusing to revoke the direction is set aside on appeal under part 14, division 1--when the decision is set aside;
(iv) the day that is 5 years after the day the direction is given to the person.

'(1) This section applies if a person is prohibited from taking part in approved wagering at, or entering or remaining in, a general operator's approved place of operation under an exclusion direction.

'(2) The person may apply to the general operator for the approved place of operation to which the direction relates for revocation of the direction.

'(3) The application may only be made at least 1 year after the day the person is given the direction.

'(4) The application must be--

(a) in the approved form; and
(b) supported by enough information to enable the general operator to decide the application.

'(5) A person may apply under this section only once each year commencing on the anniversary of the day the person was given the direction.

'(1) This section applies to an application under section 216F for revocation of an exclusion direction.

'(2) The general operator must consider the application and, within 28 days after receiving it, decide to revoke or refuse to revoke the direction.

'(3) If the general operator fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the operator to refuse to revoke the direction.

'(4) In considering the application, the general operator may have regard to the information supporting the application and any other information the operator considers relevant, including, for example, a report of a psychologist.

'(5) If the general operator decides to revoke the direction, the operator must as soon as practicable--

(a) give the applicant notice of the revocation in the approved form (a "revocation notice"); and
(b) give the chief executive a copy of the revocation notice.

'(6) A revocation notice takes effect when it is given to the applicant.

'(7) If the general operator decides to refuse to revoke the direction, the operator must as soon as practicable give the applicant an information notice for the decision.

'(1) This section applies to a person who is prohibited from taking part in approved wagering at, or entering or remaining in, a general operator's approved place of operation under a self-exclusion order or an exclusion direction.

'(2) The person must not take part in approved wagering at, or enter or remain in, the general operator's approved place of operation.

Maximum penalty--40 penalty units.

'(1) This section applies if a court finds a person (the "defendant") guilty of, or accepts a person's plea of guilty for, an offence against section 216H(2).

'(2) The court may, if satisfied the defendant is a problem gambler, postpone its decision on penalty on condition that the defendant agrees to attend counselling on a basis decided by the court.

'(3) The agreement--

(a) must provide for counselling of a kind that may, in the court's opinion, be beneficial in helping to overcome harmful behaviour related to gambling; and
(b) must provide for counselling over a period, of not more than 12 months, fixed by the court; and
(c) must allow the counsellor a discretion to disclose to the court information about the defendant's participation in the counselling if the counsellor believes the disclosure will help the court to exercise its powers and discretions in an appropriate way under this section; and
(d) must provide that the counsellor is to report to the court a failure by the defendant to attend counselling under the agreement.

'(4) To decide whether the defendant is a problem gambler and, if so, whether counselling of an appropriate kind is available, the court may have regard to any information the court considers relevant, including, for example, a report of a psychiatrist or a psychologist.

'(5) If the court postpones a decision on penalty under this section, the court must proceed to make a decision on penalty--

(a) as soon as practicable after the end of the period fixed for the counselling; or
(b) if, during the period fixed for the counselling, the defendant advises the court that he or she does not want to continue with the counselling--as soon as practicable after the court receives the advice; or
(c) if, during the period fixed for the counselling, the counsellor reports to the court that the defendant has failed to attend counselling under the agreement or to participate satisfactorily in the counselling--as soon as practicable after the court receives the report.

'(6) In making its decision on penalty after a postponement under this section, the court--

(a) must consider whether and, if so, to what extent, the defendant has made a genuine attempt to overcome harmful behaviour related to gambling; and
(b) may, for considering the matters mentioned in paragraph (a), have regard to the report of a counsellor appointed to counsel the defendant under an agreement under this section.

'(1) This section applies to a general operator or an employee of the operator if the operator or employee knows that a person is prohibited from taking part in approved wagering at, or entering or remaining in, the operator's approved place of operation under a self-exclusion order or an exclusion direction.

'(2) The general operator or employee must take reasonable steps to prevent the person from taking part in approved wagering at, or entering or remaining in, the operator's approved place of operation.

Maximum penalty--

(a) for a general operator--250 penalty units; or
(b) for another person--40 penalty units.

'(3) It is lawful for the general operator or employee to use necessary and reasonable force to prevent the person from taking part in approved wagering at, or entering or remaining in, the operator's approved place of operation.

'(4) The force that may be used does not include force that is likely to cause bodily harm to the person.

'(5) Subsection (2) must not be construed as requiring a general operator or an employee to use reasonable force to prevent a person from taking part in approved wagering at, or entering or remaining in, the operator's approved place of operation.

'(6) In this section--

"bodily harm" means any bodily injury that interferes with health or comfort.

'(1) A general operator must keep a register, in the approved form, of persons who are prohibited from taking part in approved wagering at, or entering or remaining in, the operator's approved place of operation under a self-exclusion order or an exclusion direction.

Maximum penalty--40 penalty units.

'(2) The general operator must keep the register available for inspection by an inspector.

'(1) This section applies if, under section 216J, a general operator or an employee of a general operator prevents a person from taking part in approved wagering at, or entering or remaining in, the operator's approved place of operation.

'(2) The general operator must as soon as practicable give the chief executive notice, in the approved form, of the prevention.

Maximum penalty--40 penalty units.'.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback