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FACT SHEET
GAMING CONTROL AMENDMENT BILL (NO. 2) 2010
· The Gaming Control Amendment Bill (No. 2) 2010 amends the Gaming Control
Act 1993 to apply the special conditions that currently only apply to the holder of a
Tasmanian gaming licence with a betting exchange endorsement or totalizator
endorsement consistently to all Tasmanian gaming licence holders and to revise
certain arrangements that apply to a Tasmanian gaming licence with a betting
exchange endorsement.
· The Bill restructures Division 4 (Tasmanian gaming licence) of Part 4A of the
Gaming Control Act to prescribe the general conditions that will apply to a
Tasmanian gaming licence with a gaming endorsement. These provisions cover
all endorsements and gaming activities. Gaming activity is defined in the Gaming
Control Act to mean all wagering in a contingency relating to a sports event, race
wagering event, brokered wagering event, wagering in a contingency by way of a
totalizator, simulated game, major lottery, pools or other prescribed event.
· These existing conditions include the requirement that the holder of a Tasmanian
gaming licence with a gaming endorsement have rules in place in respect of a
gaming activity. The licensed provider must ensure that players and the
Commission can inspect the rules electronically at any time.
· The Bill provides the Tasmanian Gaming Commission with the authority to
disallow gaming rules where it considers the rules to be: oppressive or unfair;
inadequate or incomplete; misleading, inaccurate or poorly drafted; or
unsatisfactory on other grounds.
· The Commission may also instruct a licensed provider not to allow gaming activity
on a competition, game or event that it considers is not a fit subject for gaming or
wagering.
· The Bill extends the existing provisions that prohibit a licensed provider from
allowing totalizator and betting exchange activities under disallowed rules or
where there are no rules to apply to any gaming activity. The licensed provider
also must not allow gaming activity on contingencies relating to competitions,
games or events that are unlawful in Tasmania or that would be unlawful if they
were to be held in Tasmania.
· The Bill requires that the licensed provider must provide information to regulatory
Agencies as the Commission from time to time instructs for the purposes of
ensuring the integrity of a gaming activity or other purpose as determined by the
Commission.
· The Bill further requires that the wagering funds of registered players, that is
those players entitled to wager in a gaming activity by means of a
telecommunications device, must be held in trust and deposited with a Tasmanian
branch of an authorised deposit taking institution.
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· The Bill requires that a licensed provider must not allow a registered player to "lay
bet" otherwise than in accordance with a betting exchange endorsement. The Bill
defines lay bet to mean the acceptance of a wager for a contingency not to occur
in relation to an animal, a person or a team.
· In addition to these general conditions, the Bill prescribes additional special
conditions that apply specifically to a Tasmanian gaming licence with a betting
exchange endorsement and a Tasmanian gaming licence with a totalizator
endorsement. These special conditions are in addition to the general conditions
prescribed in the Gaming Control Act and any other conditions applicable to the
licensed provider.
· In relation to a betting exchange endorsement, the Bill requires that the licensed
provider must: only broker wagering in respect of registered players; hold
wagering funds of registered players in trust, or by an agent of the licensed
provider approved by the Commission; and comply with any conditions imposed
by the Commission when taking betting exchange commission.
· A Tasmanian gaming licence holder with a totalizator endorsement is subject to
the special condition that, at the request of a racing club, the licensed provider
must conduct programmed race meetings on behalf of the racing club. However,
the Bill states that the licensed provider is not required to conduct more than
40 meetings in each calendar year for all racing clubs.
· The Bill decreases the annual fee payable for a Tasmanian gaming licence with a
betting exchange endorsement from 350 000 fee units ($476 000) to 300 000 fee
units ($408 000).
· In addition, the Bill amends the manner in which the annual fee for a Tasmanian
gaming licence with a betting exchange endorsement that is granted or renewed
for a five-year period is payable.
· The Bill requires that the fee payable for the first three years of the five-year
licence period (900 000 fee units) is payable in a non-refundable instalment on
the grant or renewal of the licence. Two further non-refundable instalments of the
annual fee (300 000 fee units) are payable on the third and fourth anniversary of
the grant or renewal of the licence. These payment arrangements have effect for
five years from the date the amendments commence.
· Where a licence is surrendered prior to the expiration of the licence, the Bill states
that any instalments not due and payable at the time of the surrender of the
licence cease to be payable.
· The Bill abolishes the 20 per cent product levy on betting exchange commission
and revises the tax payable on betting exchange commission, from 10 per cent in
respect of brokered wagering events internationally and 15 per cent in respect of
brokered wagering events in Australia, to a uniform rate of five per cent.
· The Bill also repeals and rescinds outdated and redundant legislation.