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GAMBLING LEGISLATION AMENDMENT ACT 2004 No. 21 - SECT 121

121 Insertion of new pt 17, div 2

Part 17, after section 329--

insert--

'In this division--

"commencement" means the day this division commences.

"pre-amended Act" means this Act as in force before the commencement of the Gambling Legislation Amendment Act 2004, part 9.

'(1) This section applies if--

(a) under the pre-amended Act, section 124 or 130, the chief executive has given a show cause notice to a key person licensee; and
(b) the notice has not been finally dealt with before the commencement.

'(2) For dealing with the show cause notice, the pre-amended Act continues to apply as if the Gambling Legislation Amendment Act 2004, part 9, had not commenced.

'(3) Subsection (4) applies if, under the pre-amended Act, a person could appeal to the Gaming Commission against a decision of the chief executive relating to the show cause notice.

'(4) The person may appeal, and the Gaming Commission may hear and decide the appeal, under the pre-amended Act.

'(1) This section applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 128, if--

(a) the chief executive gave the direction to the licensee after considering, under the pre-amended Act, the accepted representations for a show cause notice; and
(b) before the commencement--
(i) the period for rectifying the matter under that Act has not ended; or
(ii) the period for rectifying the matter under that Act has ended and action has not been taken under section 129 of that Act in relation to a failure to comply with the direction.

'(2) A failure to comply with the direction may be dealt with under the pre-amended Act as if the Gambling Legislation Amendment Act 2004, part 9, had not commenced.

'(3) Subsection (4) applies to a direction to rectify a matter given to a key person licensee under the pre-amended Act, section 128, if--

(a) the chief executive gave the direction to the licensee without a show cause notice; and
(b) before the commencement--
(i) the period for rectifying the matter under that Act has not ended; or
(ii) the period for rectifying the matter under that Act has ended and action has not been taken under that Act in relation to a failure to comply with the direction.

'(4) A failure to comply with the direction is taken to be a contravention of a provision of this Act, other than a provision a contravention of which is an offence against this Act.

'(1) Subsection (2) applies if--

(a) a person has appealed to the Gaming Commission against a decision of the chief executive under the repealed provision; and
(b) the appeal has not been decided before the commencement.

'(2) The Gaming Commission may hear, or continue to hear, and decide the appeal under the pre-amended Act.

'(3) Subsection (4) applies if--

(a) immediately before the commencement a person could have appealed to the Gaming Commission against a decision of the chief executive under the repealed provision; and
(b) the person has not appealed before the commencement.

'(4) The person may appeal, and the Gaming Commission may hear and decide the appeal, under the pre-amended Act.

'(5) In this section--

"repealed provision" means the pre-amended Act, section 129.

'(1) This section applies to a general operator if, immediately before the commencement, the operator must not, under the pre-amended Act, section 215(2), allow a person to take part in approved wagering at a place at which the operator is entitled to carry on the operator's operations.

'(2) The pre-amended Act, section 215(2,) continues to apply to the operator as if the Gambling Legislation Amendment Act 2004, part 9, had not commenced.

'(1) This section applies to a race wagering licence that is in force immediately before the commencement.

'(2) In the race wagering licence--

(a) a reference to a horse, trotting or greyhound race is taken to be a reference to thoroughbred, harness or greyhound racing; and
(b) a reference to an event or contingency that is scheduled to be held at a race meeting at a racing venue is taken to be a reference to an event or contingency that may be lawfully held in Queensland or elsewhere.'.


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