Queensland Numbered Acts Queensland Numbered ActsSections 97 to 100--
omit insert--
'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 9A--when the decision is set aside;
(ii) if a revocation notice for the direction takes effect under section 99(6)--when the notice takes effect;
(iii) if a decision, under section 99, refusing to revoke the direction is set aside on appeal under part 9A--when the decision is set aside;
(iv) the day that is 5 years after the day the direction is given to the person.
'(1) A person who is prohibited from entering or remaining in a casino under an exclusion direction may apply to the casino operator for the casino to which the direction relates for revocation of the direction.
'(2) The application may only be made at least 1 year after the day the person is given the direction.
'(3) The application must be--
(a) in the approved form; and
(b) supported by enough information to enable the casino operator to decide the application.
'(4) 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 98 for revocation of an exclusion direction.
'(2) The casino operator must consider the application and, within 28 days after receiving it, decide to revoke or refuse to revoke the direction.
'(3) If the casino 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 casino operator may have regard to the information supporting the application and any information the operator considers relevant, including, for example, a report of a psychologist.
'(5) If the casino 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 casino operator decides to refuse to revoke the direction, the operator must as soon as practicable give the applicant an information notice for the decision.
'A person who is prohibited from entering or remaining in a casino under a self-exclusion order, an exclusion direction or a direction under section 92 or 94 must not enter or remain in the casino.
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 100.
'(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 casino operator, or an employee or an agent of the casino operator, if the casino operator, employee or agent knows that a person is prohibited from entering or remaining in the casino under--
(a) a self-exclusion order; or
(b) an exclusion direction; or
(c) a direction under section 92 or 94.
'(2) The casino operator, employee or agent must take reasonable steps to prevent the person from entering or remaining in the casino.
Maximum penalty--
(a) for a casino operator--250 penalty units; or
(b) for another person--40 penalty units.
'(3) It is lawful for the casino operator, employee or agent to use necessary and reasonable force to prevent the person from entering or remaining in the casino.
'(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 casino operator, an employee or an agent to use reasonable force to prevent a person from entering or remaining in the casino.
'(6) In this section--
"bodily harm" means any bodily injury that interferes with health or comfort.
'(1) A casino operator must keep a register, in the approved form, of persons who are prohibited from entering or remaining in the casino under--
(a) a self-exclusion order; or
(b) an exclusion direction; or
(c) a direction under section 92 or 94.
Maximum penalty--40 penalty units.
'(2) The casino operator must keep the register available for inspection by an inspector.
'(1) This section applies if, under section 100B, a casino operator or an employee or an agent of a casino operator prevents a person from entering or remaining in the casino.
'(2) The casino operator must immediately give the chief executive notice, in the approved form, of the prevention.
Maximum penalty--40 penalty units.'.