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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Gaming Machines (Miscellaneous) Amendment
Bill 2010
A BILL FOR
An Act to amend the Gaming
Machines Act 1992; and to make related amendments to the Casino
Act 1997, the Independent
Gambling Authority Act 1995 and the State
Lotteries Act 1966.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Gaming Machines
Act 1992
4Amendment of section
3—Interpretation
5Amendment of section 4—Application of
Act
6Amendment of section 7—Conduct of
proceedings
7Amendment of section 7A—Powers to
make interim or conditional decisions and accept undertakings from
parties
8Insertion of section
8A
8APower of Commissioner
to refer questions to Court
9Amendment of section
9—Power to disclose information to certain authorities
10Insertion of sections 10A and
10B
10APrinciples, codes of practice,
etc
10BRecognitions
11Amendment of
section 12—Criminal intelligence
12Amendment of section
14—Licence classes
13Amendment of section
15—Eligibility criteria
14Insertion of sections 17A and
17B
17AProposed premises
certificate
17BSocial
effect certificate
15Substitution of heading to Part 3 Division
3
16Amendment of section 18—Form of
application
17Insertion of section
23A
23ADiscretion to treat
application for gaming machine licence as application for proposed premises
certificate
18Repeal of section 26
19Amendment of
section 27—Conditions
20Insertion of section
27AA
27AAVariation of
licence
21Amendment of section 27A—Gaming machine
entitlements
22Amendment of section 27B—Transferability
of gaming machine entitlements
23Amendment of section 29—Certain
applications require advertisement
24Amendment of heading to Part 3
Division 6
25Insertion of section
32A
32ASurrender or
revocation of social effect certificate
26Amendment of
section 36—Cause for disciplinary action against licensees
27Amendment of section 36B—Taking of
disciplinary action against licensees
28Substitution of section
39
39Approval of form of
supply contract
29Amendment of section 40—Approval of
gaming machines and games
30Amendment of
section 41A—Applications to be given to Commissioner of
Police
31Amendment of section 42—Discretion to
grant or refuse approval
32Amendment of section 43—Intervention by
Commissioner of Police
33Amendment of
section 44A—Prohibition of links between dealers and other
licensees
34Amendment of section 45—Offence of being
unlicensed
35Amendment of section 46—Offence of
breach of licence conditions
36Substitution of section
47
47Offence of breach of
mandatory provisions of codes
47AOffence of selling or supplying gaming machines,
components or equipment without approved contract or with
inducement
37Amendment of section 50A—Approved gaming
machine managers and employees must carry identification
38Amendment of
section 51—Persons who may not operate gaming machines
39Amendment of section 54—Licences to be
displayed
40Amendment of section 57—Licensee must
erect warning notices
41Amendment of section 58—Powers in
relation to minors in gaming areas
42Amendment of section
62—Interference with machines, equipment or games
43Amendment of
section 63—Interference devices
44Substitution of section
64
64Sealing of gaming
equipment and gaming machines
45Amendment of section
71—Powers of authorised officers
46Amendment of section
73A—Sport and Recreation Fund
47Amendment of section
73B—Charitable and Social Welfare Fund
48Amendment of
section 73BA—Gamblers Rehabilitation Fund
49Amendment of
section 74—Annual reports
50Repeal of sections 74A and 74B
51Insertion of section
76A
76AFinancing of
licensee's business
52Amendment of section 77—Certain
agreements and arrangements are unlawful
53Amendment of section
79—Bribery
54Repeal of section 86A
55Amendment of
section 87—Regulations
56Amendment of Schedule 1—Gaming
machine licence conditions
Schedule 1—Related amendments and
transitional provisions
Part 1—Amendment of Casino
Act 1997
1Amendment of section 41C—Review and
alteration of codes
Part 2—Amendment of Independent
Gambling Authority Act 1995
2Amendment of section
15B—Voluntary barring of excessive gamblers
Part 3—Amendment of State Lotteries
Act 1966
3Amendment of section 13D—Review and
alteration of codes
Part 4—Transitional
provisions
4Principles
5Application for
gaming machine licence
6Exemptions
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Gaming Machines (Miscellaneous) Amendment
Act 2010.
(1) This Act will come into operation on a day to be fixed by
proclamation.
(2) Section 7(5)
of the Acts
Interpretation Act 1915 does not apply to this Act.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Gaming Machines
Act 1992
4—Amendment
of section 3—Interpretation
(1) Section 3(1)—before the definition of
approved insert:
advanced problem gambling intervention training means a
course of training recognised under section 10B(1)(b) as advanced problem
gambling intervention training;
advertising code of practice—see
section 10A(1)(d);
(2) Section 3(1)—after the definition of approved gaming
machine manager insert:
approved gaming machine technician means a person approved
under Part 4 as a gaming machine technician for the holder of a gaming
machine service licence;
(3) Section 3(1), definition of Board—delete the
definition
(4) Section 3(1)—after the definition of cash
facility insert:
category A, B, C or D offence—see
section 10A(3);
certificate means a proposed premises certificate or a social
effect certificate;
(5) Section 3(1), definition of gaming
equipment—after "means" insert:
any of the following for use in connection with a gaming machine
(6) Section 3(1), after the definition of liquor
licence insert:
mandatory provision—see section 10A(3);
(7) Section 3(1)—after the definition of prescribed
gaming machine component insert:
proposed premises certificate—see
section 17A;
responsible gambling agreement means an agreement in the form
prescribed by the Authority under section 10A between a licensee and an
industry body recognised by the Authority under section 10B;
responsible gambling code of practice—see
section 10A(1)(e);
(8) Section 3(1)—after the definition of responsible
person insert:
social effect certificate—see
section 17B;
social effect inquiry—see
section 10A(1)(a);
social effect principles—see
section 10A(1)(b);
(9) Section 3(1)—after the definition of trust or
corporate entity insert:
variation of licence means variation or revocation of
conditions of licence or imposition of further conditions of licence.
5—Amendment
of section 4—Application of Act
Section 4—after subsection (1) insert:
(1a) The Governor may, by regulation, apply provisions of this Act, with
or without modification, to a person who is not required to hold a gaming
machine licence because of a Commonwealth law as if the person holds a gaming
machine licence.
6—Amendment
of section 7—Conduct of proceedings
Section 7—after subsection (2) insert:
(3) The Commissioner must, subject to
subsection (4),
make a reasonable attempt to achieve, by conciliation, agreement between an
applicant under this Act and any objectors in relation to the application and,
if agreement is achieved between the parties, have regard to the agreement in
determining the matter.
(4) The requirement
to conciliate does not arise—
(a) in relation to the Commissioner of Police if the Commissioner of
Police lodges an objection; or
(b) in other circumstances that the Commissioner considers makes
conciliation inappropriate.
7—Amendment
of section 7A—Powers to make interim or conditional decisions and
accept undertakings from parties
(1) Section 7A(1)(b)—after "licence" insert:
, certificate
(2) Section 7A(3)—after "licence" wherever occurring
insert:
, certificate
After section 8 insert:
8A—Power of Commissioner to refer questions to
Court
The Commissioner may refer for hearing and determination by the
Court—
(a) proceedings that involve questions of substantial public importance;
or
(b) a question of law that arises in proceedings before the Commissioner;
or
(c) any other matter that should, in the public interest or in the
interests of a party to the proceedings, be heard and determined by the
Court.
9—Amendment
of section 9—Power to disclose information to certain
authorities
Section 9—after paragraph (b) insert:
and
(c) if the information is disclosed in a form that does not identify the
person to whom it relates—any other person, or in any other way, the
Commissioner (in the exercise of an unqualified discretion) considers
appropriate in the public interest.
10—Insertion
of sections 10A and 10B
Before section 11 insert:
10A—Principles, codes of practice,
etc
(1) For the purposes
of this Act, the Authority may, by notice in the Gazette,
prescribe—
(a) an inquiry process that must precede an application for a social
effect certificate or, if required by the Commissioner, a variation of a gaming
machine licence (a social effect inquiry); and
(b) principles for assessing the social effect of the grant or variation
of a gaming machine licence (social effect principles);
and
(c) principles for assessing whether a game is likely to lead to an
exacerbation of problem gambling; and
(d) an advertising code of practice; and
(e) a responsible
gambling code of practice; and
(f) the form of a responsible gambling agreement.
(2) Without limiting the generality of
subsection (1)(e),
the responsible gambling code of practice may—
(a) require the display of signs, and the provision of information at
licensed premises relating to responsible gambling and the availability of
services to address problems associated with gambling; and
(b) require gaming machine licensees to have a program for early
intervention in problem gambling designed to promote—
(i) early identification of persons engaging in problem gambling,
including through observation of the attendance patterns, behaviour and
statements of gamblers; and
(ii) the provision of information relating to responsible gambling and the
availability of services to address problems associated with gambling to persons
so identified; and
(iii) the use of the barring procedures under this Act in relation to
persons so identified; and
(iv) the referral of persons so identified to the Department within the
meaning of the Problem
Gambling Family Protection Orders Act 2004; and
(c) deal with the provision of training to staff relating to the early
intervention program and generally to responsible gambling on gaming machines
and the services available to address problems associated with gambling;
and
(d) include other matters designed to reduce the incidence of problem
gambling.
(3) The Authority may include provisions in the advertising code of
practice or the responsible gambling code of practice that—
(a) designate a provision of the code as a mandatory provision for the
purposes of section 47; and
(b) declare whether contravention or failure to comply with the mandatory
provision is a category A, B, C or D offence for the purposes of that
section; and
(c) if the offence is to be expiable—declare whether the offence is
a category A, B, C or D expiable offence for the purposes of that
section.
(4) The Authority may, by subsequent notice in the Gazette, vary or revoke
a notice under this section.
(5) Before the Authority publishes a notice in the Gazette under this
section, the Authority must—
(a) give notice in writing of the proposed notice to a body representative
of licensees; and
(b) consider any representations made by the body about the proposed
notice within 28 days after the notice is given or a longer period allowed
in the notice.
(6) A notice published in the Gazette under this section may come into
operation on the day on which it is published or on a later day or days
specified in the notice.
(7) Sections 10 and 10A of the Subordinate
Legislation Act 1978 apply to a notice published in the Gazette
under this section as if it were a regulation within the meaning of that
Act.
(8) The Authority must review the process, principles, codes and form
prescribed under this section at least every 5 years.
(9) The Authority must seek and consider written submissions from a body
representative of gaming machine licensees and from the public when conducting a
review.
10B—Recognitions
(1) For the purposes of this Act, the Authority may, by notice in the
Gazette, recognise—
(a) a person as an industry body with whom a licensee may enter into a
responsible gambling agreement; and
(b) a course of training as advanced problem gambling intervention
training.
(2) The Authority may, by subsequent notice in the Gazette, withdraw a
recognition under this section.
(3) Before the Authority publishes a notice in the Gazette under this
section, the Authority must—
(a) give notice in writing of the proposed notice to a body representative
of licensees; and
(b) consider any representations made by the body about the proposed
notice within 28 days after the notice is given or a longer period
allowed in the notice.
(4) If the Authority—
(a) refuses to recognise a person or a course under this section;
or
(b) withdraws a recognition of a person or a course under this
section,
the person or the provider of the course may apply to the Minister for a
review of that decision.
(5) The Minister may determine the application as the Minister thinks fit
and, if the Minister finds in favour of the applicant, grant or preserve the
recognition (as appropriate) and require the Authority to publish a notice in
the Gazette accordingly.
11—Amendment
of section 12—Criminal intelligence
Section 12(2)(a)—after "licence" insert:
, certificate
12—Amendment
of section 14—Licence classes
(1) Section 14(1)(b)—delete "to sell or supply to the Board"
and substitute:
, under a contract in a form approved by the Commissioner, to sell or
supply to the holder of a gaming machine licence or a gaming machine service
licence
(2) Section 14(1)(c)—delete paragraph (c)
(3) Section 14(2)(b)—delete paragraph (b)
13—Amendment
of section 15—Eligibility criteria
Section 15(4) and (5)—delete subsections (4)
and (5) and substitute:
(4) A gaming machine licence will not be granted unless the applicant for
the licence held a social effect certificate for the site of the premises in
respect of which the licence is sought at the time of making the application for
the licence.
(5) A gaming machine licence will not be granted unless—
(a) the applicant for the licence satisfies the Commissioner, by such
evidence as the Commissioner may require—
(i) that the proposed gaming area, or gaming areas, within the premises in
respect of which the licence is sought is or are suitable for the purpose;
and
(ii) that the proposed layout of gaming machines in a gaming area is
suitable for the proper conduct of gaming operations within the area;
and
(iii) that the arrangements proposed for the security of the premises,
each gaming area and the gaming machines, and of the gaming operations
generally, are adequate; and
(iv) that the conduct of the proposed gaming operations on the premises
would be unlikely to result in undue offence, annoyance, disturbance or
inconvenience to those who reside, work or worship in the vicinity of the
premises; and
(v) that the size of the proposed gaming operations on the premises would
not be such that they would predominate over the undertaking ordinarily carried
out on the premises; and
(vi) that the conduct of the proposed gaming operations on the premises
would not detract unduly from the character of the premises, the nature of the
undertaking carried out on the premises or the enjoyment of persons ordinarily
using the premises (apart for the purpose of gaming); and
(vii) that no proposed gaming area is so designed or situated that it
would be likely to be a special attraction to minors; and
(viii) that the proposed gaming area is within a place or area that is
enclosed as defined by the Tobacco
Products Regulation Act 1997 (see section 4(3) and (4));
or
(b) the applicant holds a proposed premises certificate for the premises
and satisfies the Commissioner, by such evidence as the Commissioner may
require—
(i) that the conditions (if any) on which the certificate was granted have
been complied with; and
(ii) that the premises have been completed in accordance with the plans
approved in the certificate or a variation of those plans later approved by the
Commissioner.
14—Insertion
of sections 17A and 17B
After section 17 insert:
17A—Proposed premises
certificate
(1) A proposed premises certificate approving plans submitted by the
applicant for the certificate will not be granted unless—
(a) the applicant holds a social effect certificate for the site of the
proposed premises; and
(b) the applicant satisfies the Commissioner, by such evidence as the
Commissioner may require—
(i) that the requirements of section 15(5)(a) will be met in relation
to the proposed premises if completed in accordance with the plans;
and
(ii) that any approvals, consents or exemptions that are required under
the law relating to development to permit the use of the proposed premises for
the conduct of gaming operations have been obtained.
(2) A proposed
premises certificate must state the maximum number of gaming machines to be
operated under the licence and may state conditions to which the licence should
be subject.
(3) A certificate granted under this section may, on notification to the
Commissioner, be transferred to another person.
(4) The Commissioner may, on application by the holder of a proposed
premises certificate, approve a variation of the plans approved in the
certificate.
17B—Social effect certificate
(1) A social effect certificate—
(a) may only be granted in relation to a specific site in which the
applicant has a proprietary interest; and
(b) may not be granted if an application for a gaming machine licence in
respect of licensed premises at the site could not be granted under
section 15A; and
(c) subject to
subsection (2),
ceases to be in force 18 months after the date on which it is
granted.
(2) The Commissioner may, on application by the holder of a social effect
certificate, extend the period for which the certificate remains in force if, in
the Commissioner's opinion, it is appropriate to do so to
enable—
(a) approvals, consents or exemptions for development on the site that are
required under the law relating to development to be obtained; or
(b) development on the site that has been commenced to be
completed.
(3) A social effect certificate will only be granted if the applicant
satisfies the Commissioner, by such evidence as the Commissioner may require,
that the grant of a gaming machine licence in respect of premises on the site
would not be contrary to the public interest on the ground of the likely social
effect on the local community and, in particular, the likely effect on problem
gambling within the local community.
(4) In assessing the social effect of the grant of a gaming machine
licence, the Commissioner—
(a) must apply the social effect principles; and
(b) must not have regard to the economic effect that the granting of a
gaming machine licence might have on the business of other licensed premises in
the relevant locality (except insofar as that economic effect may be relevant to
an assessment of the likely social effect of the grant of the licence on the
local community); and
(c) must take each site in respect of which a social effect certificate is
then in force into account as if a gaming machine licence were held for licensed
premises on the site.
(5) A certificate granted under this section may, on notification to the
Commissioner, be transferred to another person with a proprietary interest in
the site to which the certificate relates.
(6) The Commissioner must—
(a) keep a register of social effect certificates; and
(b) cause the register to be published on a website to which the public
has access free of charge.
(7) The Commissioner must—
(a) record on the register for each social effect
certificate—
(i) the name of the holder of the certificate; and
(ii) the date on which it was granted; and
(iii) the site to which it relates; and
(b) remove from the register any social effect certificate that has ceased
to be in force.
15—Substitution
of heading to Part 3 Division 3
Heading to Part 3 Division 3—delete the heading to Division 3
and substitute:
Division 3—Applications, criteria and licence
conditions
16—Amendment
of section 18—Form of application
(1) Section 18(1)—after "licence" first occurring
insert:
or a certificate
(2) Section 18(1)(a)—after "form" insert:
(which may include requirements relating to consultation and
reports)
(3) Section 18(1)—after paragraph (b) insert:
(ba) may, in the case of an application for a social effect certificate,
be made only if a social effect inquiry has been completed;
(4) Section 18(1)—after paragraph (c) insert:
(d) may, in the case of an application for a proposed premises certificate
or a social effect certificate, be made by a person who does not yet hold the
requisite liquor licence.
(5) Section 18(4)—after "gaming machine licence"
insert:
or a proposed premises certificate
After section 23 insert:
23A—Discretion to treat application for gaming
machine licence as application for proposed premises
certificate
The Commissioner may treat an application for a gaming machine licence for
proposed premises as if it were an application for a proposed premises
certificate having regard to the extent to which the proposed premises are
uncompleted.
Section 26—delete the section
19—Amendment
of section 27—Conditions
(1) Section 27(4), (5) and (6)—delete
subsections (4), (5) and (6)
(2) Section 27(7)(b)(ii)—delete subparagraph (ii) and
substitute:
(ii) that at other times—
(A) if the licensee has entered into a responsible gambling agreement and
has provided a copy of the agreement to the Commissioner—there are at
least 6 hours in each 24 hour period (which may be a continuous period
of 6 hours, or 2 separate periods of 3 hours or 3 separate
periods of 2 hours) during which gaming operations cannot be conducted on
the premises; and
(B) in any other case—gaming operations cannot be conducted on the
premises before 10 am on Monday to Friday and between 2 am and
10 am on Saturday and Sunday.
After section 27 insert:
27AA—Variation of licence
(1) Subject to this
section, the Commissioner may, by notice in writing addressed to the licensee,
vary or revoke any condition of a licence or impose further conditions on the
licence.
(2) The Commissioner may exercise his or her powers under
subsection (1)
on his or her own initiative or on application by the licensee or the
Commissioner of Police.
(3) The Commissioner cannot revoke the statutory conditions of a licence
and cannot vary them except in relation to those matters that are determinable
by the Commissioner for the purposes of those conditions.
(4) The Commissioner may require an applicant for variation of a gaming
machine licence to complete a social effect inquiry if of the opinion that the
variation of the licence in respect of the premises may significantly alter the
likely social effect on the local community and, in particular, the likely
effect on problem gambling within the local community.
(5) If an applicant is required to complete a social effect inquiry, the
licence may not be varied unless the applicant satisfies the Commissioner, by
such evidence as the Commissioner may require, that the variation of the licence
in respect of the premises would not be contrary to the public interest on the
ground of the likely social effect on the local community and, in particular,
the likely effect on problem gambling within the local community.
(6) In assessing the social effect of the variation of a gaming machine
licence, the Commissioner—
(a) must apply the social effect principles; and
(b) must not have regard to the economic effect that the variation of a
gaming machine licence might have on the business of other licensed premises in
the relevant locality (except insofar as that economic effect may be relevant to
an assessment of the likely social effect of the variation of the licence on the
local community); and
(c) must take each site in respect of which a social effect certificate is
then in force into account as if a gaming machine licence were held for licensed
premises on the site.
21—Amendment
of section 27A—Gaming machine entitlements
Section 27A—after subsection (2) insert:
(3) The Commissioner must—
(a) keep a register of licensees holding gaming machine entitlements;
and
(b) cause the register to be published on a website to which the public
has access free of charge.
(4) The Commissioner must record on the register—
(a) the number of gaming machine entitlements held by each licensee;
and
(b) the premises to which the gaming machine entitlements
relate.
22—Amendment
of section 27B—Transferability of gaming machine
entitlements
(1) Section 27B(1)(b)—after "may transfer" insert:
, absolutely or for a limited period,
(2) Section 27B(1)(c)—after "may transfer" insert:
, absolutely or for a limited period,
(3) Section 27B(2)—delete subsection (2) and
substitute:
(2) The approved trading system is a system established by the
regulations.
(4) Section 27B—after subsection (7) insert:
(8) No liability to stamp duty arises in relation to a transfer of gaming
machine entitlements under subsection (1)(b), (c) or (f) executed
after the commencement of this subsection.
23—Amendment
of section 29—Certain applications require
advertisement
(1) Section 29(1)—after paragraph (a) insert:
(ab) an application for the grant of a proposed premises
certificate;
(ac) an application for the grant of a social effect
certificate;
(ad) an application for the variation of a gaming machine licence if the
applicant is required to conduct a social effect inquiry;
(2) Section 29(2)(a)(ii)—after "licence" insert:
, a proposed premises certificate or a social effect certificate
(3) Section 29(2)(b)—after "licence" insert:
, a proposed premises certificate or a social effect certificate
24—Amendment
of heading to Part 3 Division 6
Heading to Part 3 Division 6—after "licences"
insert:
and certificates
After section 32 insert:
32A—Surrender or revocation of social effect
certificate
(1) The holder of a social effect certificate may, by notice in writing to
the Commissioner, surrender the social effect certificate and the certificate
will cease to be in force on acceptance by the Commissioner of the
surrender.
(2) The Commissioner cannot accept a surrender of a social effect
certificate while there is an application before the Commissioner for a gaming
machine licence in respect of premises on the site to which the certificate
relates.
(3) The Commissioner may, by notice in writing to the holder of a social
effect certificate, revoke the certificate if satisfied that the holder has
ceased to have a proprietary interest in the site to which the certificate
relates.
(4) The Commissioner must, before revoking a social effect
certificate—
(a) give notice in writing to the holder of the certificate of the
proposed revocation; and
(b) allow the holder a period of 21 days (or such longer period as
the Commissioner may in any particular case allow) to show cause why the
certificate should not be revoked.
26—Amendment
of section 36—Cause for disciplinary action against
licensees
Section 36(1)—after paragraph (d) insert:
(da) the licensee has contravened or failed to comply with the advertising
code of practice or the responsible gambling code of practice; or
27—Amendment
of section 36B—Taking of disciplinary action against
licensees
Section 36B(1)(e)—delete "$15 000" and
substitute:
$20 000
Section 39—delete the section and substitute:
39—Approval of form of supply
contract
(1) The Commissioner may, on application by the holder of a gaming machine
dealer's licence, approve the form of a contract to be entered into by the
holder of the licence and—
(a) the holder of a gaming machine licence; or
(b) the holder of a gaming machine service licence; or
(c) the holder of another gaming machine dealer's licence,
for the sale or supply of approved gaming machines, prescribed gaming
machine components or gaming equipment.
(2) The Commissioner has an unqualified discretion to approve or refuse to
approve the form of a contract except that the Commissioner must refuse to
approve a form if, in the Commissioner's opinion, it would result in a contract
that—
(a) is harsh and unconscionable; or
(b) provides for a payment by reference to the proceeds or profits of the
business of a licensee; or
(c) provides for an inducement to enter the contract other than a discount
based on the number of machines, components or items of equipment to be
supplied; or
(d) may otherwise jeopardise the proper conduct of gaming
operations.
29—Amendment
of section 40—Approval of gaming machines and games
(1) Section 40(2)—delete subsection (2)
(2) Section 40—after subsection (3) insert:
(4) In determining whether a game is likely to lead to an exacerbation of
problem gambling, the Commissioner must apply the principles prescribed by the
Authority under section 10A(1)(c).
30—Amendment
of section 41A—Applications to be given to Commissioner of
Police
Section 41A(1)—after "section" insert:
39,
31—Amendment
of section 42—Discretion to grant or refuse approval
(1) Section 42(5)—delete subsection (5)
(2) Section 42(6)—delete ", (4) or (5)" and
substitute:
or (4)
32—Amendment
of section 43—Intervention by Commissioner of Police
Section 43(1)—after "section" insert:
39,
33—Amendment
of section 44A—Prohibition of links between dealers and other
licensees
Section 44A(4)(c)—after subparagraph (iv) insert:
(iva) the person and the licensee are parties to an agreement or
arrangement under which one participates in, or is remunerated or paid for
something by reference to, the proceeds or profits of the business of the other;
or
34—Amendment
of section 45—Offence of being unlicensed
Section 45(c)—delete "to the holder of the gaming machine
supplier's licence or the holder of a gaming machine dealer's licence"
35—Amendment
of section 46—Offence of breach of licence conditions
Section 46, penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) in the case of an offence committed by the holder of the gaming
machine monitor licence—$50 000 or imprisonment for
4 years;
(b) in the case of an offence committed by the holder of a gaming machine
licence—
(i) except in the case referred to in
subparagraph (ii)—$35 000 or imprisonment for
2 years;
(ii) if the offence is constituted of the contravention of or failure to
comply with a condition imposed under
Schedule 1(o)—$10 000;
(c) in any other case—$35 000 or imprisonment for
2 years
Expiation fee: in the case of an offence allegedly committed by the holder
of a gaming machine licence and constituted of the alleged contravention of or
failure to comply with a condition imposed under
Schedule 1(o)—$1 200.
Section 47—delete the section and substitute:
47—Offence of breach of mandatory provisions of
codes
The holder of a gaming machine licence must not contravene or fail to
comply with a mandatory provision of the advertising code of practice or the
responsible gambling code of practice.
Maximum penalty:
(a) for a category A offence—$10 000;
(b) for a category B offence—$5 000;
(c) for a category C offence—$2 500;
(d) for a category D offence—$1 250.
Expiation fee:
(a) for a category A expiable offence—$1 200;
(b) for a category B expiable offence—$315;
(c) for a category C expiable offence—$210;
(d) for a category D expiable offence—$160.
47A—Offence of selling or supplying gaming
machines, components or equipment without approved contract or with
inducement
(1) The holder of a gaming machine dealer's licence must not enter into a
contract to sell or supply a gaming machine, a prescribed gaming machine
component or gaming equipment unless the contract is in a form that has been
approved by the Commissioner under section 39.
Maximum penalty: $35 000 or imprisonment for 2 years.
(2) The holder of a gaming machine dealer's licence must not provide or
offer to provide any form of inducement to a person to enter into a contract for
the sale or supply of a gaming machine, a prescribed gaming machine component or
gaming equipment other than a discount that is calculated on a basis that has
been fully disclosed in the contract and depends on the number of machines,
components or items of equipment to be supplied under the contract.
Maximum penalty: $35 000 or imprisonment for 2 years.
37—Amendment
of section 50A—Approved gaming machine managers and employees must carry
identification
Section 50A, penalty provision—delete the penalty provision and
substitute:
Maximum penalty:
(a) in the case of an offence committed by a
licensee—$2 500;
(b) in any other case—$1 250.
Expiation fee:
(a) in the case of an offence allegedly committed by a
licensee—$210;
(b) in any other case—$160.
38—Amendment
of section 51—Persons who may not operate gaming
machines
(1) Section 51(1), penalty provision—delete the penalty
provision and substitute:
Maximum penalty:
(a) in the case of an offence committed by the holder of a gaming machine
licence or a person who occupies a position of authority in a trust or corporate
entity that holds such a licence—$10 000 or imprisonment for
6 months;
(b) in the case of an offence committed by an approved gaming machine
manager or gaming machine employee—$5 000.
Expiation fee: in the case of an offence allegedly committed by an approved
gaming machine manager or gaming machine employee—$315.
(2) Section 51(2), penalty provision—delete the penalty
provision and substitute:
Maximum penalty:
(a) in the case of an offence committed by the holder of a gaming machine
licence or a person who occupies a position of authority in a trust or corporate
entity that holds such a licence—$10 000 or imprisonment for
6 months;
(b) in the case of an offence committed by an approved gaming machine
manager or gaming machine employee—$5 000.
Expiation fee: in the case of an offence allegedly committed by an approved
gaming machine manager or gaming machine employee—$315.
(3) Section 51(5)(c)—delete paragraph (c)
39—Amendment
of section 54—Licences to be displayed
Section 54, penalty provision—delete the penalty provision and
substitute:
Maximum penalty: $10 000.
Expiation fee: $1 200.
40—Amendment
of section 57—Licensee must erect warning notices
Section 57(3), penalty provision—delete the penalty provision
and substitute:
Maximum penalty: $10 000.
Expiation fee: $1 200.
41—Amendment
of section 58—Powers in relation to minors in gaming
areas
(1) Section 58(5)—delete "section 116(3a) of"
(2) Section 58(5)—after "licensed premises" insert:
or a part of licensed premises
42—Amendment
of section 62—Interference with machines, equipment or
games
Section 62, penalty provision—delete "$20 000" and
substitute:
$50 000
43—Amendment
of section 63—Interference devices
Section 63, penalty provision—delete "$20 000" and
substitute:
$50 000
Section 64—delete the section and substitute:
64—Sealing of gaming equipment and gaming
machines
(1) A person other than an authorised officer must not seal any gaming
equipment or break or in any way interfere with any such seal.
Maximum penalty: $5 000 or imprisonment for 3 months.
(2) A person other than an authorised officer or an approved gaming
machine technician must not seal any part of a gaming machine or break or in any
way interfere with any such seal.
Maximum penalty: $5 000 or imprisonment for 3 months.
45—Amendment
of section 71—Powers of authorised officers
Section 71—after subsection (6) insert:
(6a) An authorised officer may—
(a) require a person who has custody or control of books, papers or
documents relevant to a business conducted under a licence to produce them at a
specified place for inspection at a specified time or within a specified period;
and
(b) inspect books, papers or documents so produced and retain them for as
long as is reasonably necessary for the purposes of copying or taking extracts
from any of them.
46—Amendment
of section 73A—Sport and Recreation Fund
(1) Section 73A—delete "Minister for Industry and Trade" wherever
occurring and substitute in each case:
prescribed Minister
(2) Section 73A(5)—delete "Department of Industry and Trade" and
substitute:
administrative unit of the Public Service responsible to the prescribed
Minister
(3) Section 73A—after subsection (6) insert:
(7) In this section—
prescribed Minister means the Minister responsible for the
administration of the
Recreational
Greenways Act 2000.
47—Amendment
of section 73B—Charitable and Social Welfare Fund
Section 73B—delete "Minister for Human Services" wherever occurring
and substitute in each case:
Minister responsible for the administration of the Family
and Community Services Act 1972
48—Amendment
of section 73BA—Gamblers Rehabilitation Fund
Section 73BA—delete "Minister for Families and Communities" wherever
occurring and substitute in each case:
Minister responsible for the administration of the Family
and Community Services Act 1972
49—Amendment
of section 74—Annual reports
Section 74(3)—delete subsection (3)
50—Repeal
of sections 74A and 74B
Sections 74A and 74B—delete the sections
After section 76 insert:
76A—Financing of licensee's
business
(1) The Minister may, by notice in the Gazette, grant an exemption from
such provisions of this Act as may be necessary for the purpose of
enabling—
(a) the holder of a gaming machine licence or a gaming machine dealer's
licence and a credit provider to enter into any arrangements (including leasing
arrangements) for the financing of the licensee's acquisition of gaming machines
or gaming machine entitlements or otherwise financing the business conducted on
the licensed premises; and
(b) a credit provider to exercise rights of repossession and sale over
gaming machines, and gaming machine entitlements, subject to any credit
arrangement.
(2) An exemption is subject to any conditions specified in the
notice.
(3) The Minister may, by subsequent notice in the Gazette, vary an
exemption.
(4) If a credit provider repossesses or acquires a gaming machine or
gaming machine entitlement under an arrangement to which an exemption relates,
the credit provider—
(a) must, within 7 days after the repossession or acquisition, give
written notice to the Commissioner of the repossession or acquisition;
and
(b) must ensure the gaming machine is not operated while in the ownership
of the credit provider; and
(c) must ensure the gaming machine is, while in the ownership of the
credit provider, stored by the holder of a gaming machine dealer's licence or
gaming machine service licence in a secure storage location; and
(d) must not sell the gaming machine except to the holder of a gaming
machine dealer's licence; and
(e) must, within 7 days after selling or otherwise disposing of the
gaming machine or gaming machine entitlement, give written notice to the
Commissioner of the details of the sale or other disposition.
Maximum penalty: $35 000.
52—Amendment
of section 77—Certain agreements and arrangements are
unlawful
(1) Section 77(1)—delete "the gaming machine supplier's
licence" and substitute:
a gaming machine dealer's licence
(2) Section 77(2)—delete subsection (2)
(3) Section 77(3)—delete ", an inspector or an approved agent
or a member of the holder of the gaming machine supplier's licence" and
substitute:
or an inspector
53—Amendment
of section 79—Bribery
(1) Section 79—delete "indictable" wherever occurring
(2) Section 79(1), penalty provision—delete "$20 000" and
substitute:
$50 000
(3) Section 79(2), penalty provision—delete "$20 000" and
substitute:
$50 000
Section 86A—delete the section
55—Amendment
of section 87—Regulations
(1) Section 87(2)(b)—after "fees" insert:
in respect of any matter under this Act
(2) Section 87(2)(e)—delete "$2 500" and
substitute:
$10 000
(3) Section 87(2)—after paragraph (e) insert:
(f) fix expiation fees not exceeding $1 200 for alleged breaches of
the regulations.
(4) Section 87—after subsection (3) insert:
(4) A regulation under this Act may provide that a matter or thing in
respect of which regulations may be made is to be determined according to the
discretion of the Minister, the Authority or the Commissioner.
56—Amendment
of Schedule 1—Gaming machine licence conditions
(1) Schedule 1, (k)(ii)—delete "inspector" and
substitute:
authorised officer or approved gaming machine technician
(2) Schedule 1, (k)(iii)—delete "inspector" and
substitute:
authorised officer
(3) Schedule 1, (na), (nb) and (nc)—delete paragraphs (na),
(nb) and (nc)
(4) Schedule 1—before paragraph (o) insert:
(nd) that the licensee will not conduct the gaming operations on the
licensed premises between the hours of 2 am and 8 am
unless—
(i) a gaming machine manager or gaming machine employee who has completed
advanced problem gambling intervention training is present in the gaming area at
all times; and
(ii) arrangements are in place under which the gaming machine manager or
gaming machine employee may immediately refer a person identified as engaging in
problem gambling to a service to address the problem; and
(iii) measures are in place that prevent machines designed to change a
monetary note into coins and located on the licensed premises from being
operated between the hours of 2 am and 8 am; and
Schedule 1—Related
amendments and transitional provisions
Part 1—Amendment
of Casino Act 1997
1—Amendment
of section 41C—Review and alteration of codes
(1) Section 41C(1)—delete "2 years" and substitute:
5 years
(2) Section 41C(4)(b)—delete "14 days" and
substitute:
28 days
Part 2—Amendment
of Independent Gambling Authority
Act 1995
2—Amendment
of section 15B—Voluntary barring of excessive
gamblers
Section 15B(1)—after paragraph (b) insert:
or
(c) an area within which gaming machines may be operated under a
Commonwealth law.
Part 3—Amendment
of State Lotteries
Act 1966
3—Amendment
of section 13D—Review and alteration of codes
(1) Section 13D(1)—delete "2 years" and substitute:
5 years
(2) Section 13D(4)(b)—delete "14 days" and
substitute:
28 days
Part 4—Transitional
provisions
(1) Section 10A(5) and (7) of the Gaming
Machines Act 1992 as inserted by this Act do not apply to the first
notice published in the Gazette under that section prescribing the principles
for assessing whether a game is likely to lead to an exacerbation of problem
gambling (and, consequently, consultation is not required and the notice need
not be laid before both Houses of Parliament and is not subject to
disallowance).
(2) The Authority
must ensure that the principles for assessing whether a game is likely to lead
to an exacerbation of problem gambling first prescribed by the Authority are
substantially in the form of the guidelines in force for the purposes of
section 40 of the Gaming
Machines Act 1992 immediately before the commencement of this
subsection.
(3) Failure to comply with
subclause (2) does
not affect the validity of the principles.
5—Application
for gaming machine licence
If an application for a gaming machine licence has been made but not
determined before the commencement of
section 13 of
this Act—
(a) section 15(4) of the Gaming
Machines Act 1992 as inserted by
section 13 of this
Act does not apply to the application; and
(b) section 15(5) of the Gaming
Machines Act 1992 as in force immediately before its deletion by
section 13 of this
Act continues to apply to the application as if it had not been so deleted and
had been redesignated as section 15(4).
An exemption granted by notice in the Gazette under regulation 10(2)
of the Gaming
Machines Regulations 1993 and in force immediately before the
commencement of section 76A of the Gaming
Machines Act 1992 as inserted by this Act continues in force as if
it had been granted under section 76A of the Gaming
Machines Act 1992.