Queensland Numbered Acts Queensland Numbered ActsSection 261--
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'(1) A person may give to a licensee a notice in the approved form (a "self-exclusion notice") asking the licensee to prohibit the person from entering or remaining in--
(a) the licensee's licensed premises; or
(b) a gaming machine area on the licensed premises.
'(2) The person must, if asked by the licensee, give the licensee a recent photo of the person together with the notice.
'(3) If a licensee's gaming machine licence relates to more than 1 licensed premises, a self-exclusion notice may relate to a stated premises or all premises to which the gaming machine licence relates.
'(1) If a person gives a licensee a self-exclusion notice under section 261, the licensee 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 the licensed premises or gaming machine area; 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 261B(3);
(ii) the day that is 5 years after the day the order is given to the person.
'(3) If a licensee gives a person a self-exclusion order, the licensee 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 licensee of the licensed premises 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 licensee under subsection (2)(a)--when it is given to the licensee; or
(b) otherwise--28 days after the day it is given to the licensee.
'(4) The licensee must, as soon as practicable after receiving a revocation notice, give the chief executive written notice of the revocation.
'(1) If a licensee believes on reasonable grounds a person is a problem gambler, the licensee may give the person a notice in the approved form (an "exclusion direction") prohibiting the person from entering or remaining in--
(a) the licensee's licensed premises; or
(b) a gaming machine area on the licensed premises.
'(2) If a licensee's gaming machine licence relates to more than 1 licensed premises, an exclusion direction may relate to a stated premises or all premises to which the gaming machine licence relates.
'(3) If a licensee decides to give a person an exclusion direction--
(a) the direction must be accompanied by an information notice for the decision; and
(b) the licensee 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 2--when the decision is set aside;
(ii) if a revocation notice for the direction takes effect under section 261F(6)--when the notice takes effect;
(iii) if a decision, under section 261F, refusing to revoke the direction is set aside on appeal under part 2--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 entering or remaining in a licensee's licensed premises, or a gaming machine area on the licensed premises, under an exclusion direction.
'(2) The person may apply to the licensee for the licensed premises 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 licensee 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 261E for revocation of an exclusion direction.
'(2) The licensee must consider the application and, within 28 days after receiving it, decide to revoke or refuse to revoke the direction.
'(3) If the licensee fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the licensee to refuse to revoke the direction.
'(4) In considering the application, the licensee may have regard to the information supporting the application and any other information the licensee considers relevant, including, for example, a report of a psychologist.
'(5) If the licensee decides to revoke the direction, the licensee 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 licensee decides to refuse to revoke the direction, the licensee must as soon as practicable give the applicant an information notice for the decision.
'A person who is prohibited from entering or remaining in licensed premises or a gaming machine area under a self-exclusion order or an exclusion direction must not enter or remain in the licensed premises or gaming machine area.
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 261G.
'(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 licensee or an employee of the licensee if the licensee or employee knows that a person is prohibited from entering or remaining in the licensee's licensed premises, or a gaming machine area on the licensed premises, under a self-exclusion order or an exclusion direction.
'(2) The licensee or employee must take reasonable steps to prevent the person from entering or remaining in the licensed premises or gaming machine area.
Maximum penalty--
(a) for a licensee--250 penalty units; or
(b) for another person--40 penalty units.
'(3) It is lawful for the licensee or employee to use necessary and reasonable force to prevent the person from entering or remaining in the licensed premises or gaming machine area.
'(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 licensee or an employee to use reasonable force to prevent a person from entering or remaining in the licensed premises or gaming machine area.
'(1) A licensee must keep a register, in the approved form, of persons who are prohibited from entering or remaining in the licensee's licensed premises, or a gaming machine area on the licensed premises, under a self-exclusion order or an exclusion direction.
Maximum penalty--40 penalty units.
'(2) The licensee must keep the register available for inspection by an inspector.
'(1) This section applies if, under section 261I, a licensee or an employee of a licensee prevents a person from entering or remaining in the licensee's licensed premises or a gaming machine area on the licensed premises.
'(2) The licensee must as soon as practicable give the chief executive notice, in the approved form, of the prevention.
Maximum penalty--40 penalty units.'.