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Gambling Regulation Amendment
Bill 2009
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the main purposes of this Act. The main purposes of the
Act are to amend the Gambling Regulation Act 2003 to provide
for an extension of the term of the gaming operator's licence, to
increase the amount of prescribed profit that a venue operator
must pay to the Treasurer upon the transfer of a gaming machine
entitlement under section 3.4A.18 of that Act, and to make
further provision in relation to who can be a participant for the
conduct and promotion of club keno games.
Clause 2 sets out when the provisions of the Act come into operation.
The Act comes into operation on the day after the day on which
the Act receives the Royal Assent.
Clause 3 specifies that in the Act, the Gambling Regulation Act 2003 is
called the Principal Act.
Clause 4 amends section 3.4.32 of the Principal Act by inserting new
subsections (2), (3), (4), (5) and (6). These amendments enable
the holder of the gaming operator's licence under the Principal
Act to apply to have its licence extended to 15 August 2012
which is the expiry date of the current gaming licence under the
Principal Act.
Subsection (2) provides that, if invited by the Minister to do so,
the holder of a gaming operator's licence may apply to the
Minister for a licence extension. The application to the Minister
will need to be made prior to the current expiry date of the
licence.
Subsection (3) provides that upon receiving the application, the
Minister may extend the term of the gaming operator's licence so
that the licence expires on 15 August 2012.
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Subsection (4) provides that the term of a gaming operator's
licence may be extended only once.
Subsection (5) provides that before a gaming operator's licence is
extended the holder of that licence must pay to the Treasurer one
or more amounts determined by the Treasurer as a premium
payment by way of consideration for the extension.
Subsection (6) provides that the premium payment referred to in
subsection (5) is a tax.
Clause 5 amends section 3.4A.18(2) of the Principal Act.
Section 3.4A.18(2) provides that if a venue operator transfers a
gaming machine entitlement before the day that is 6 months after
the gaming machine entitlement declared day that applies to the
entitlement, the venue operator must pay 50% of the prescribed
profit earned by the venue operator from the transfer to the
Treasurer. Clause 5 amends section 3.4A.18(2) to increase the
amount of prescribed profit payable under that subsection by
replacing "50%" with "75%" and inserts definitions of financial
benefit and profit for clarification purposes.
Clause 6 amends the heading to section 3.4A.19 of the Principal Act and
subsection (1) of that section to change the references to "50%"
of prescribed profit to "75%". Section 3.4A.19 provides that the
Treasurer, on the application of a venue operator, may exempt
the venue operator from the requirement under section 3.4A.18
on one of the grounds set out in that section.
Clause 7 amends the definition of participants in section 6.1.2 of the
Principal Act by substituting a new paragraph (a).
The new paragraph (a) will ensure that the holder of a gaming
operator's licence will only be a participant in club keno games
during the term of the original licence and not during the
extension period granted under the new provisions to be inserted
into the Principal Act by clause 4.
Clause 8 amends section 6.5.1 of the Principal Act by substituting a new
subsection (2) and inserting a new subsection (2A). These new
provisions will ensure that a gaming operator that has its gaming
operator's licence extended under the new provisions to be
inserted into the Principal Act by clause 4 will not be, by a
subsidiary company, a participant in club keno games for the
period of the licence extension.
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Clause 9 provides for the automatic repeal of this Act on the first
anniversary of its commencement under clause 2. The repeal
of this Act does not affect the continuing operation of the
amendments made by this Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
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