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GAMBLING LEGISLATION AMENDMENT (RESPONSIBLE GAMBLING AND OTHER MEASURES) BILL 2008

     Gambling Legislation Amendment
     (Responsible Gambling and Other
           Measures) Bill 2008

                        Introduction Print

              EXPLANATORY MEMORANDUM


                      PART 1--PRELIMINARY
Clause 1   sets out the purposes of the Bill.

Clause 2   provides for the commencement of the provisions of the Bill.
           It provides that the Bill (other than Parts 2, 3 and 4) comes into
           operation on the day after Royal Assent and that Parts 2 and 4
           come into operation on a day or days to be proclaimed, or on
           1 January 2010 if not proclaimed to commence before then.
           It provides that Part 3 will come into operation on the first
           anniversary of the day on which the Bill receives Royal Assent.

    PART 2--RESPONSIBLE GAMBLING AMENDMENTS
Clause 3   inserts a new objective into section 1.1(2) of the Gambling
           Regulation Act 2003, being to ensure that minors are neither
           encouraged to gamble nor allowed to do so. The clause also
           substitutes a new paragraph (e)(i) into section 1.1(2) of the
           Gambling Regulation Act 2003 to amend the objective relating
           to community and charitable gaming. This amendment is
           consequential to the amendments in the Bill that remove the
           requirement to have a minor gaming permit to conduct sessions
           of bingo.

Clause 4   inserts a new section 2.5.25(5) into the Gambling Regulation
           Act 2003. It excludes tenancy agreements under the Residential
           Tenancies Act 1997 from the power of an owner under section
           2.5.25 of the Gambling Regulation Act 2003 to evict the
           occupier of a common gaming house. As a result, a tenancy
           agreement under the Residential Tenancies Act 1997 will be
           subject to the provisions relating to eviction under that Act.



561219                                1         BILL LA INTRODUCTION 7/10/2008

 


 

Clause 5 inserts a new Part 5A into Chapter 2 of the Gambling Regulation Act 2003. The new Part 5A provides for the banning of irresponsible gambling products and practices and is separated into 5 Divisions. Division 1--Introduction New section 2.5A.1 defines fixed term ban order, gambling practice, gambling product, interim ban order and responsible gambling objective for the purposes of Part 5A. Division 2--Interim ban orders New section 2.5A.2 provides that the Minister may make an interim ban order banning a gambling product or practice if the Minister considers that the product or practice undermines or may undermine a responsible gambling objective of the Gambling Regulation Act 2003. It enables the Minister to make an interim ban order whether or not the product or practice is already being provided in Victoria and requires the Minister to publish a notice when an interim ban order is made. New section 2.5A.3 provides that an interim ban order takes effect either when notice of it is published in the Government Gazette or on any later date specified in the notice and remains in force for 12 months unless revoked or replaced by a fixed term ban order. New section 2.5A.4 requires the Minister, on making an interim ban order, to direct the Victorian Commission for Gambling Regulation to investigate the banned gambling product or practice and to report to the Minister on whether a fixed term ban order should be made. Division 3--Fixed term ban orders New section 2.5A.5 requires the Victorian Commission for Gambling Regulation to undertake an investigation of a gambling product or practice when directed to do so by the Minister in accordance with new section 2.5A.4. New section 2.5A.6(1) requires the Victorian Commission for Gambling Regulation, in undertaking an investigation of a product that is the subject of an interim ban order, to publish notice of the investigation and to give a written notice to any person it is aware is providing the product or adopting the practice. New section 2.5A.6(2) specifies what must be included in the notices. 2

 


 

New section 2.5A.7 provides that a person to whom notice is given under section 2.5A.6(1)(b) may make a submission to the Victorian Commission for Gambling Regulation about the product or practice that is being investigated. It specifies the form and content for a submission and requires the Victorian Commission for Gambling Regulation to take any such submissions into account in making its report on the investigation. New section 2.5A.8 requires the Victorian Commission for Gambling Regulation to make a written report to the Minister on an investigation of a product or practice that is the subject of an interim ban order within 9 months of receiving a direction from the Minister to undertake the investigation. The report must include a recommendation about whether the interim ban order should be replaced by a fixed term ban order or be revoked and the reasons for the recommendation. New section 2.5A.9 enables the Minister to make a fixed term ban order for a gambling product or practice for up to 10 years after considering the report on the product or practice by the Victorian Commission for Gambling Regulation. The section sets out the process for the making of a fixed term ban order, which includes publication of a notice (with reasons) in the Government Gazette and in a newspaper circulating in Victoria and the tabling of a copy of the order in each House of Parliament within 6 sitting days of the order being made. New section 2.5A.10 provides that a fixed term ban order comes into effect on the day on which notice of the order is published in the Government Gazette, or on any later day specified in the notice. The section also provides that a fixed term ban order remains in force for the period of time specified in the order, unless it is revoked before then. New section 2.5A.11 provides that the Minister may revoke a fixed term ban order by publishing a notice in the Government Gazette and requires the Minister to inform the Victorian Commission for Gambling Regulation of any revocation that is made. New section 2.5A.12 provides that either House of Parliament may disallow a fixed term ban order and specifies the process that is required for this to occur. 3

 


 

Division 4--Effect of ban orders New section 2.5A.13 makes it an offence to provide a gambling product or adopt a gambling practice in contravention of an interim or fixed term ban order and provides for a maximum penalty of 1000 penalty units. Division 5--General New section 2.5A.14 provides that no compensation is payable by the Victorian Government for any loss, damage or injury resulting in any way from the making of an interim or fixed term ban order. Clause 6 inserts a new section 3.4.12C into the Gambling Regulation Act 2003. It provides that the Victorian Commission for Gambling Regulation may require a venue operator to amend its self- exclusion program or Responsible Gambling Code of Conduct and provides that a venue operator must comply with such a requirement. If the standards, requirements or guidelines that apply to a self-exclusion program or a Responsible Gambling Code of Conduct change, the Victorian Commission for Gambling Regulation will be able to require a venue operator to amend its approved self-exclusion program or Responsible Gambling Code of Conduct to comply with any new standard, requirement or guideline. Clause 7 substitutes a new section 3.4.36 in the Gambling Regulation Act 2003. The new section varies the process for the taking of disciplinary action against the holder of a gaming operator's licence. Subsection (1) defines disciplinary action and grounds for disciplinary action for the purposes of the section. Subsection (2) provides that the Victorian Commission for Gambling Regulation may serve a notice on the holder of a gaming operator's licence to show cause within 28 days why disciplinary action should not be taken. Subsection (3) provides that the licence holder may make submissions to the Victorian Commission for Gambling Regulation within the time specified in the notice as to why disciplinary action should not be taken and requires the Commission to consider any submissions that are made. Subsection (4) provides that the Victorian Commission for Gambling Regulation may then take disciplinary action against the licence holder by giving written notice. 4

 


 

Subsection (5) provides that disciplinary action in the form of a fine is recoverable as a debt due to the State. Clause 8 inserts a new section 3.5.17A into the Gambling Regulation Act 2003 which provides that a gaming operator must not allow play on a gaming machine unless the machine is connected to the operator's approved electronic monitoring system. Clause 9 replaces a reference in section 3.8.3(3) of the Gambling Regulation Act 2003 to the "Executive Commissioner" of the Victorian Commission for Gambling Regulation with a reference to "any commissioner" so that a function of the Victorian Commission for Gambling Regulation under section 3.8.3 of that Act may be performed by any commissioner. Clause 10 substitutes a new section 4.3.30 and inserts new sections 4.3.30A to 4.3.30C into the Gambling Regulation Act 2003. This will vary the requirements and investigatory process that apply when there is a change in situation of the licensee or an operator under Chapter 4 of the Gambling Regulation Act 2003 or an associate of the licensee or operator. New section 4.3.30 places a notification requirement on the licensee or an operator when certain changes in situation occur. New section 4.3.30A places a notification requirement on the licensee or an operator when a person becomes (or is likely to become) an associate and requires the licensee or an operator to ensure that a person does not become an associate without the prior approval of the Victorian Commission for Gambling Regulation. New section 4.3.30B provides for the investigation of associates and others by the Victorian Commission for Gambling Regulation. It enables the Victorian Commission for Gambling Regulation to require an associate or a person likely to become an associate to consent to the taking of photographs, finger prints or palm prints and provides the Commission with the power to delegate its functions under the section. New section 4.3.30C enables the Victorian Commission for Gambling Regulation to determine whether an associate is unsuitable to be concerned in or associated with the business of the licensee or operator and to require the termination of an association that is determined to be unsuitable. It specifies matters that the Victorian Commission for Gambling Regulation must consider in making its determination. The new section also enables the Victorian Commission for Gambling Regulation to issue a warning notice or require an undertaking where it determines that an associate has engaged in conduct that is 5

 


 

unacceptable for an associate of the licensee or operator and to subsequently require the termination of the association in certain circumstances. Clause 11 substitutes a new section 4.3.31 in the Gambling Regulation Act 2003 which varies the process for taking disciplinary action against the licensee or operator under Chapter 4 of the Gambling Regulation Act 2003. Subsection (1) defines disciplinary action and grounds for disciplinary action for the purposes of the section. Subsection (2) provides that the Victorian Commission for Gambling Regulation may serve a notice on the licensee or the operator under Chapter 4 to show cause within 28 days why disciplinary action should not be taken. Subsection (3) provides that the licensee or the operator may make submissions to the Victorian Commission for Gambling Regulation within the time specified in the notice as to why disciplinary action should not be taken and requires the Commission to consider any submissions that are made. Subsection (4) provides that the Victorian Commission for Gambling Regulation may then take disciplinary action against the licence holder by giving written notice. Subsection (5) provides that disciplinary action in the form of a fine is recoverable as a debt due to the State. Clause 12 inserts a new section 5.3.30 into the Gambling Regulation Act 2003 which makes it a condition of a temporary public lottery licence that the temporary licensee implement an approved Responsible Gambling Code of Conduct. This provides consistency with a requirement to have a Responsible Gambling Code of Conduct that applies to a temporary wagering and betting licensee and a temporary keno licensee. Clause 13 inserts new section 8.2.4A into the Gambling Regulation Act 2003 which provides for the conduct of bingo by persons other than a community or charitable organisation or a bingo centre operator. It permits the conduct of bingo by others providing no entry fee is charged (or all of the gross receipts are distributed as prizes), it is not advertised or open to the public, it is provided for the entertainment of players and is not conducted for commercial benefit. It also provides that certain requirements in that Act in relation to the conduct of bingo do not apply to bingo conducted in these circumstances. 6

 


 

Clause 14 substitutes a new section 8.3.6 and inserts a new section 8.3.6A into the Gambling Regulation Act 2003. The sections provide for the declaration and the renewal of the declaration of an organisation as a community or charitable organisation. New section 8.3.6 provides that the declaration of an organisation as a community or charitable organisation remains in force for 10 years from when the instrument of declaration is made, unless the declaration is revoked in accordance with Division 1 of Part 3 of Chapter 8 of the Gambling Regulation Act 2003 or is renounced by the declared organisation. New section 8.3.6A provides that a declared community or charitable organisation may apply for renewal of its declaration not earlier than 9 months before the expiration of its current declaration. Clause 15 inserts a new section 10.1.22(2A) into the Gambling Regulation Act 2003. It provides for meetings or inquiries of the Victorian Commission for Gambling Regulation held for the purposes of Part 5A of Chapter 2 (which provides for the banning of irresponsible gambling products or practices) to be held in public unless the Commission determines that special circumstances require them to be held in private. Clause 16 substitutes a new section 10.6.5(d) in the Gambling Regulation Act 2003 to extend the definition of relevant person for the purposes of the requirement to have a Responsible Gambling Code of Conduct to include a temporary public lottery licensee. Clause 17 inserts a new section 10.6.4A into the Gambling Regulation Act 2003 which provides that a venue operator may apply to the Victorian Commission for Gambling Regulation for approval for an amended self-exclusion program. Clause 18 inserts a new section 10.6.9A into the Gambling Regulation Act 2003 which provides that a person who is required to have a Responsible Gambling Code of Conduct may apply to the Victorian Commission for Gambling Regulation for approval for an amended Responsible Gambling Code of Conduct. PART 3--BINGO AMENDMENTS Clause 19 substitutes a new definition of bingo centre into section 1.3(1) of the Gambling Regulation Act 2003. The new definition provides that a bingo centre means a house or place in which sessions of bingo are regularly conducted on a commercial basis. 7

 


 

Clause 20 Subclause (1) amends section 8.1.2 of the Gambling Regulation Act 2003 by inserting a definition of a session of bingo for the purposes of Chapter 8 of the Act. It defines a session of bingo to mean a session comprising no more than 30 games of bingo conducted within an 8 hour period. Subclause (2) makes a consequential amendment to section 8.2.2(b) of the Gambling Regulation Act 2003. Clause 21 substitutes a new section 8.2.4 in the Gambling Regulation Act 2003. Subsection (1) permits the conduct of a session of bingo if it occurs in accordance with Chapter 8 of the Act by a community or charitable organisation or by a bingo centre operator on behalf of a community or charitable organisation. Subsection (2) provides that the requirements in Division 2 and 3 of Part 4 of Chapter 8 of the Gambling Regulation Act 2003 do not apply to a session of bingo if it is conducted by a community or charitable organisation and either no fee is charged or all receipts are distributed as prizes. Clause 22 repeals section 8.3.14(1)(b) of the Gambling Regulation Act 2003 which provides that a minor gaming permit authorises the holder to conduct sessions of bingo. This is being repealed as a minor gaming permit will no longer be required to conduct a session of bingo (see clause 21 of the Bill). Clause 23 inserts new sections 8.4.2A, 8.4.2B, 8.4.2C, 8.4.2D, 8.4.2E and 8.4.2F into the Gambling Regulation Act 2003. New section 8.4.2A(1) requires a community or charitable organisation that intends to conduct a session of bingo to give notice of its intention to the Victorian Commission for Gambling Regulation at least 7 days prior to commencement. Subsection (2) specifies the information that must be included in the notice and requires the nomination and consent to nomination of a person who will be responsible for the conduct of the bingo sessions. Subsection (3) requires a community or charitable organisation to notify the Victorian Commission for Gambling Regulation of any change in the information provided and subsection (4) applies this notification requirement to a bingo centre operator conducting sessions of bingo on behalf of a community or charitable organisation. Subsection (5) requires a community or charitable organisation to notify the Victorian Commission for Gambling Regulation of its intention to cease conducting sessions of bingo for any period that is longer than any prescribed period. 8

 


 

New section 8.4.2B imposes responsibility for the conduct of bingo sessions on the person nominated by the community or charitable organisation under new section 8.4.2A and provides that the nominee is liable as the organisation. It specifies the process for replacing the nominee if that person resigns, is dismissed or leaves the community or charitable organisation and provides that the directors of the organisation are liable as the organisation until a new nomination is made. It also provides that the liability of a community or charitable organisation is not limited by nominating a nominee, except in the case of a contract entered into under section 8.4.6 of the Gambling Regulation Act 2003. That section enables a community or charitable organisation to enter into an agreement with a bingo centre operator for the conduct of bingo on its behalf. New section 8.4.2C imposes a notification requirement on a community or charitable organisation or a bingo centre operator where the total prizes for a session of bingo is likely to exceed the prescribed amount. The purpose of this section is to impose an additional notification requirement for large bingo prizes. The new section specifies when the notification must be given and what information the notice must include. New section 8.4.2D provides that the Victorian Commission for Gambling Regulation may make, vary or revoke rules for the conduct of bingo sessions, and makes provisions for notification and commencement. The new section also enables different rules to be made for different forms of bingo. New section 8.4.2E requires compliance by community and charitable organisations and bingo centre operators with rules for the conduct of bingo made under new section 8.4.2D, unless a variation to those rules has been approved for that organisation or operator by the Victorian Commission for Gambling Regulation. The new section sets out the process for applying to the Commission for a variation to the rules. New section 8.4.2F provides that the Victorian Commission for Gambling Regulation may require a community or charitable organisation or a bingo centre operator to notify patrons of a bingo session of the rules that will apply. Clause 24 makes further amendments to the Gambling Regulation Act 2003 in relation to bingo. This clause makes a number of consequential amendments to the Act. 9

 


 

Clause 25 Inserts a new Division 4 into Part 4 of Chapter 8 of the Gambling Regulation Act 2003 which provides for the taking of disciplinary action against a community or charitable organisation in relation to bingo. New disciplinary action provisions are required for the conduct of bingo as a minor gaming permit will not be required. New section 8.4.17 defines disciplinary action, grounds for disciplinary action and relevant offence for the purposes of the new Division. New section 8.4.18 specifies the process for taking disciplinary action and provides that a function of the Victorian Commission for Gambling Regulation under that section may be performed by a single commissioner. New section 8.4.19 provides that where disciplinary action is taken by way of a letter of censure, the letter may include a direction to rectify and provides that if the organisation fails to comply with a letter of censure the Victorian Commission for Gambling Regulation may suspend the organisation's authority to conduct bingo sessions. New section 8.4.20 provides a right of appeal to the Victorian Commission for Gambling Regulation against a decision of a single commissioner to suspend an authority to conduct bingo or to attach conditions to that authority. Clause 26 makes further amendments to the Gambling Regulation Act 2003 in relation to bingo. Subclause (1) inserts a new subsection (6) into section 8.6.1 of the Gambling Regulation Act 2003 which provides that the banking requirements in that section do not apply to a community or charitable organisation conducting bingo under amended section 8.2.4(2) or to a person conducting a session of bingo under new section 8.2.4A. This means that the banking requirements will not apply to those persons where a session of bingo is permitted to be conducted under the Act and no fee is charged or when all proceeds are returned as prizes. Subclause (2) inserts a new paragraph (aa) into section 8.6.2(1) of the Gambling Regulation Act 2003. The effect of this consequential amendment is to apply the record keeping requirements in section 8.6.2 to a community or charitable organisation in relation to its conduct of bingo. 10

 


 

Subclause (3) inserts a new section 8.6.2(3) into the Gambling Regulation Act 2003 so that the record keeping requirements in section 8.6.2 will not apply to sessions of bingo conducted by a community or charitable organisation in accordance with section 8.2.4(2) (where no fee is charged or all proceeds are returned as prizes). Clause 27 makes consequential amendments to section 9A.1.20 of the Gambling Regulation Act 2003, which provides for volunteers to perform prescribed functions at bingo centres, to apply that section when a community or charitable organisation instead of the holder of a minor gaming permit conducts sessions of bingo. Clause 28 amends Schedule 1 to the Gambling Regulation Act 2003 to vary the matters relating to bingo that can be the subject matter of regulations under the Act. Subclause (1) omits bingo (including rolling jackpots) and bingo tickets and random number generators used for playing bingo from the Schedule. The Victorian Commission for Gambling Regulation will have the power under new section 8.4.2D to make rules for the conduct of bingo. Subclause (1) also amends clause 2.7 of the Schedule, which relates to maximum expenses for bingo so that it refers to a community and charitable organisation instead of the holder of a minor gaming permit. Subclause (2) inserts new clauses 2.8A, 2.8B and 2.8C into Schedule 1 to enable regulations to be made requiring the making of periodic returns to the Victorian Commission for Gambling Regulation in relation to the conduct of bingo by a community or charitable organisation, prohibiting the playing of bingo by minors and requiring record keeping in relation to bingo. PART 4--MINORS Clause 29 repeals specified provisions in the Gambling Regulation Act 2003 in relation to gambling by minors. The amendments in this clause are consequential amendments. Clause 30 inserts a new section 10.5.32(1A) into the Gambling Regulation Act 2003. This is an evidentiary provision which provides that in proceedings under a gaming Act an assertion about the age of a person is evidence of the truth of the assertion unless denied by the defendant. 11

 


 

Clause 31 inserts a new Part 7 into Chapter 10 of the Gambling Regulation Act 2003 which consolidates provisions in relation to gambling by minors. New section 10.7.1 is a definitions section. Subsection (1) defines acceptable proof of age, allow a minor to gamble, bookmaker's clerk, gamble, gambling employee and gambling provider for the purposes of Part 7 of Chapter 10. Subsection (2) provides, for the avoidance of doubt, that buying or selling a ticket, as used in subsection (1), includes buying or selling via a vending machine. New section 10.7.2 sets out the circumstances in which the Part does not apply. New section 10.7.3 provides for offences in respect of allowing a minor to gamble. Subsection (1) makes it an offence for a gambling provider to allow a minor to gamble and provides for a maximum penalty of 120 penalty units. Subsection (2) makes it an offence for a gambling employee or agent of a gambling provider to knowingly allow a minor to gamble, and provides for a maximum penalty of 20 penalty units. Subsection (3) makes it an offence for a registered bookmaker to allow a minor to gamble and provides for a maximum penalty of 120 penalty units for a body corporate and 20 penalty units otherwise. Subsection (4) makes it an offence for a bookmaker's clerk to allow a minor to gamble and provides for a maximum penalty of 20 penalty units. New section 10.7.4 makes it an offence to knowingly assist or enable a minor to gamble, to obtain entry to or remain in a gaming machine area of an approved venue or in a casino and provides for a maximum penalty of 10 penalty units in each case. New section 10.7.4(4) provides that offences in this section do not apply to a person acting in their capacity as a gambling provider, gambling employee, agent of a gambling provider, registered bookmaker or bookmaker's clerk. New section 10.7.5 makes it an offence for a minor to gamble and provides for a maximum penalty of 10 penalty units. New section 10.7.6 makes it an offence for a venue operator to allow a minor to enter the gaming machine area of the approved venue or for a casino operator to allow a minor to enter the casino and provides for a maximum penalty of 120 penalty units in each case. The section also makes it an offence for a gambling employee of a venue or casino operator to knowingly allow a 12

 


 

minor to enter a gaming machine area of an approved venue or casino, and provides for a maximum penalty of 20 penalty units in each case. New section 10.7.7 makes it an offence for a minor to enter or remain in a gaming machine area of an approved venue or in a casino and provides for a maximum penalty of 10 penalty units. New section 10.7.8 makes it an offence for a minor to use false evidence of age in order to gamble, to enter or remain in a gaming machine area of an approved venue, or to enter or remain in a casino. It provides for a maximum penalty of 10 penalty units. New section 10.7.9 provides that the Victorian Commission for Gambling Regulation may require a gambling provider to display notices about offences relating to gambling by minors and requires a gambling provider to comply with an applicable notice requirement under this section. The section provides for a maximum penalty of 60 penalty units for non-compliance. New section 10.7.10 requires a gambling provider to ensure that any vending machine used to gamble is reasonably supervised and provides for a maximum penalty of 20 penalty units for non-compliance. New section 10.7.11 provides that a gambling employee who is a minor does not commit an offence if he or she contravenes a provision of the Part while acting in his or her capacity as a gambling employee. New section 10.7.12 specifies defences that are available to a prosecution for some of the new offences. New section 10.7.13 provides that proof of age may be required where an authorised person, as defined in that section, has reasonable cause to suspect that a person in an approved venue or a casino is a minor. The new section makes it an offence with a maximum penalty of 10 penalty units to fail to comply with a request to provide proof of age. Clause 32 makes consequential amendments to the Racing Act 1958 that result from the consolidation of the provisions relating to gambling by minors in the Gambling Regulation Act 2003. Clause 33 makes consequential amendments to the Casino Control Act 1991 that result from the consolidation of the provisions relating to gambling by minors in the Gambling Regulation Act 2003. 13

 


 

PART 5--OTHER AMENDMENTS TO THE GAMBLING REGULATION ACT 2003 Clause 34 inserts a new Division 8 in Part 3A of Chapter 4 of the Gambling Regulation Act 2003 which relates to the powers of the Secretary in relation to the wagering and betting licensing provisions in Part 3A. New section 4.3A.40 provides that the Secretary has all the powers necessary to perform his or her functions under Part 3A of Chapter 4. Part 3A of Chapter 4 sets out the licensing procedure for the issue of a wagering and betting licence. The Secretary has certain powers and functions under Part 3A in relation to preparing written reports to the Minister on registrations of interest and licence applications for the wagering and betting licence. Clause 35 inserts a new Division 8 in Part 3 of Chapter 6A of the Gambling Regulation Act 2003 which relates to the powers of the Secretary in relation to the keno licensing provisions in Chapter 6A. New section 6A.3.40 provides that the Secretary has all the powers necessary to perform his or her functions under Part 3 of Chapter 6A. Part 3 of Chapter 6A sets out the licensing procedure for the issue of a keno licence. The Secretary has certain powers and functions under Part 3 of Chapter 6A in relation to preparing written reports to the Minister on registrations of interest and licence applications for the keno licence. Clause 36 amends section 10.1.25 of the Gambling Regulation Act 2003 to provide that the Commission may nominate a person, by instrument, to assist or advise the Commission in the performance of its functions under that Act. A nomination must specify the functions in relation to which the nominated person is to assist or advise the Commission. A nomination remains in force for the period determined by the Commission and may be extended from time to time by the Commission. Clause 37 substitutes a new definition of regulated person in section 10.1.29(1) of the Gambling Regulation Act 2003. The new definition includes a number of additional persons in the list of regulated persons. Subsection (2) amends section 10.1.31 of that Act to provide that not only is a regulated person not required to produce or disclose to a court certain documents or protected information, the regulated person is not permitted to produce or disclose the information to a court unless in accordance with the requirements of that section. Subsection (3) amends 14

 


 

section 10.1.32(2) of the Gambling Regulation Act 2003 to provide that the power of the Minister and the Commission to disclose protected information in the circumstances specified in that subsection does not apply to disclosure of protected information to a court. Subsection (4) inserts a new section 10.1.32(4A) which provides that an authorisation cannot be given by the Minister or the Commission under section 10.1.32(3) to disclose protected information to a court. Clause 38 inserts a new Part 1A into Chapter 10 of the Gambling Regulation Act 2003 which provides that the Secretary may nominate a person, by instrument, to assist or advise the Secretary or the Minister in the performance of functions under that Act. A nomination must specify the functions in relation to which the nominated person is to assist or advise the Secretary or the Minister. A nomination remains in force for the period determined by the Secretary and may be extended from time to time by the Secretary. Clause 39 inserts a new section 10.4.7H into the Gambling Regulation Act 2003 which provides that the Secretary has all the powers necessary to perform his or her functions under Division 1A of Part 4 of Chapter 10 of that Act. Division 1A sets out powers of the Secretary in relation to investigations of registrations of interest and applications for a wagering and betting licence and keno licence. Clause 40 is a statute law revision provision and amends section 6A.3.5 and section 10.4.7A of the Gambling Regulation Act 2003. Clause 41 inserts a new Part 21 into Schedule 7 of the Gambling Regulation Act 2003. New Part 21 makes transitional arrangements for the declaration of community and charitable organisations and bingo. New clause 21.1 defines amending Act and new clause 21.2 provides for the staged implementation of the requirement to renew a declaration as a community or charitable organisation. New clause 21.3 provides for the application of the new requirements in relation to bingo to sessions of bingo conducted on or after the commencement day and for the application of the existing requirements in the Gambling Regulation Act 2003 to continue to apply to a session of bingo conducted before the commencement day. 15

 


 

PART 6--REPEAL OF AMENDING ACT Clause 42 provides for the automatic repeal of this amending Act on 1 January 2011. The repeal of this Act does not affect in any way the operation of the amendments made by this Act (see section 15(1) of the Interpretation of Legislation Act 1984). 16

 


 

 


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