Queensland Numbered Acts Queensland Numbered ActsSection 137--
omit, insert--
'A person who is registered with a licensed provider as a player may give to the licensed provider a notice in the approved form (a "self-exclusion notice") asking the licensed provider to prohibit the person from participating as a player in authorised games conducted by the licensed provider.
'(1) If a person gives a licensed provider a self-exclusion notice under section 137, the licensed provider must as soon as practicable give to the person--
(a) a notice in the approved form (a "self-exclusion order") prohibiting the person from participating as a player in authorised games conducted by the licensed provider; 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 137B(3);
(ii) the day that is 5 years after the day the order is given to the person.
'(3) If a licensed provider gives a person a self-exclusion order, the licensed provider 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 licensed provider who gave the order, 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 licensed provider under subsection (2)(a)--when it is given to the licensed provider; or
(b) otherwise--28 days after the day it is given to the licensed provider.
'(4) The licensed provider must, as soon as practicable after receiving a revocation notice, give the chief executive written notice of the revocation.
'(1) A licensed provider may give a person who is registered with the licensed provider as a player a notice in the approved form (an "exclusion direction") prohibiting the person from participating as a player in authorised games conducted by the licensed provider.
'(2) The licensed provider may give the direction only if the licensed provider believes on reasonable grounds the person is a problem gambler.
'(3) If a licensed provider decides to give a person an exclusion direction--
(a) the direction must be accompanied by an information notice about the decision; and
(b) the licensed provider 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 10--when the decision is set aside;
(ii) if a revocation notice for the direction takes effect under section 137F(6)--when the notice takes effect;
(iii) if a decision, under section 137F, refusing to revoke the direction is set aside on appeal under part 10--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 participating as a player in authorised games conducted by a licensed provider under an exclusion direction.
'(2) The person may apply to the licensed provider 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 licensed provider 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 137E for revocation of an exclusion direction.
'(2) The licensed provider must consider the application and, within 28 days after receiving it, decide to revoke or refuse to revoke the direction.
'(3) If the licensed provider fails to decide the application within 28 days after its receipt, the failure is taken to be a decision by the licensed provider to refuse to revoke the direction.
'(4) In considering the application, the licensed provider may have regard to the information supporting the application and any other information the licensed provider considers relevant, including, for example, a report of a psychologist.
'(5) If the licensed provider decides to revoke the direction, the licensed provider 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 licensed provider decides to refuse to revoke the direction, the licensed provider must as soon as practicable give the applicant an information notice for the decision.
'A person who is prohibited, under a self-exclusion order or an exclusion direction, from participating as a player in authorised games conducted by a licensed provider must not participate as a player in the games.
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 137G.
'(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 licensed provider or an employee of the licensed provider if the licensed provider or employee knows that a person is prohibited, under a self-exclusion order or an exclusion direction, from participating as a player in authorised games conducted by the licensed provider.
'(2) The licensed provider or employee must take reasonable steps to prevent the person from participating as a player in the authorised games.
Maximum penalty--
(a) for a licensed provider--250 penalty units; or
(b) for another person--40 penalty units.
'(1) A licensed provider must keep a register, in the approved form, of persons who are prohibited from participating as a player in authorised games conducted by the licensed provider under a self-exclusion order or an exclusion direction.
Maximum penalty--40 penalty units.
'(2) The licensed provider must keep the register available for inspection by an inspector.
'(1) This section applies if, under section 137I, a licensed provider or an employee of a licensed provider prevents a person from participating as a player in authorised games.
'(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.'.