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GAMBLING REGULATION (AMENDMENT) ACT 2004 (NO 54 OF 2004) - SECT 11

Transitional provisions

    (1)     After Part 11 of Schedule 7 to the Principal Act insert

'PART 12—GAMBLING REGULATION (AMENDMENT) ACT 2004

        12.1     Definition

In this Part "Tattersall's" means Tattersall's Limited ACN 108 686 040.

        12.2     Club keno

    (1)         If Tattersall's becomes a participant within the meaning of Chapter 6 because of the transfer to it in accordance with section 12.3.2 of the gaming operator's licence held by the Trustees, Tattersall's has all the rights, liabilities and obligations that the Trustees had as such a participant immediately before the transfer.

    (2)     An agreement made by the Minister under section 6.2.2 and in force immediately before the commencement of section 8 of the Gambling Regulation (Amendment) Act 2004 continues, subject to this Act, in force on and after that commencement despite any change in the participants under Chapter 6 as amended by section 8 of that Act.

    (3)         Without limiting sub-clause (2), Division 2 of Part 3 of Chapter 6 applies in relation to Tattersall's as if it and the Trustees were the one participant for the whole of any week in the course of which the transfer to Tattersall's in accordance with section 12.3.2 of the gaming operator's licence held by the Trustees took effect.

        12.3     Compliance requirements

    (1)         An exemption granted by the Authority under section 133(2) of the Gaming Machine Control Act 1991 that, by force of clause 3.15(2), was taken to be an exemption granted by the Commission under section 3.7.5(2) and that was in force immediately before the commencement of section 11 of the Gambling Regulation (Amendment) Act 2004 applies to Tattersall's, on and after that commencement, as if it were the holder of a gaming operator's licence named in the exemption.
s. 11

    (2)     An extension of time granted by the Treasurer under section 10(6) of the Club Keno Act 1993 that, by force of clause 6.5, was taken to be an extension of time granted by the Treasurer under section 6.4.2(4) and that was in force immediately before the commencement of section 11 of the Gambling Regulation (Amendment) Act 2004 applies to Tattersall's, on and after that commencement, as if it were a participant named in the exemption.'.

    (2)     In Part 12 of Schedule 7 to the Principal Act, after clause 12.3 insert

        "12.4     Audit requirements

    (1)     Despite the repeal by section 6 of the Gambling Regulation (Amendment) Act 2004 of section 3.7.6 of this Act, that section continues to apply with respect to any whole or part financial year completed before that repeal and, for this purpose, the holder of the gaming operator's licence and a declared operator of the licence immediately after that repeal has all the liabilities and obligations under that section as affected by this sub-clause that, but for the repeal, Tattersall's and the declared operator (as the case requires) would have had with respect to the relevant period.

    (2)     Despite the repeal by section 7 of the Gambling Regulation (Amendment) Act 2004 of sections 5.5.2(2) to (4), 5.5.3, 5.5.4 and 5.5.5 of this Act, those sections continue to apply with respect to any whole or part financial year completed before that repeal and, for this purpose, the public lottery licensee immediately after that repeal has all the rights, liabilities and obligations under those sections as affected by this sub-clause that, but for the repeal, Tattersall's would have had with respect to the relevant period.

    (3)     Despite the repeal by section 9 of the Gambling Regulation (Amendment) Act 2004 of sections 6.4.2, 6.4.3 and 6.4.4 of this Act, those sections continue to apply with respect to any whole or part financial year completed before that repeal and, for this purpose, the participants immediately after that repeal have all the liabilities and obligations under those sections as affected by this sub-clause that, but for the repeal, the participants as then existing would have had with respect to the relevant period.".



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