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Queensland
GAMING MACHINE
AMENDMENT BILL 1997
Queensland
GAMING MACHINE AMENDMENT
BILL 1997
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 3 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Amendment of s 6 (Meaning of "associate") . . . . . . . . . . . . . . . . . . . . . . . . 11
6 Amendment of s 24 (Appeals from commission) . . . . . . . . . . . . . . . . . . . . . 11
7 Amendment of s 25 (Determination of appeals) . . . . . . . . . . . . . . . . . . . . . . 12
8 Insertion of new ss 25A-25F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
25A Appeals to Magistrates Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
25B Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
25C Stay of operations of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
25D Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
25E Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
25F Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
9 Amendment of s 35 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
10 Amendment of s 44 (Schedule of gaming machines) . . . . . . . . . . . . . . . . . . 16
11 Omission of s 54 (Director to provide gaming machines etc.) . . . . . . . . . . . 16
12 Amendment of s 56 (Increase in gaming machines) . . . . . . . . . . . . . . . . . . 16
13 Insertion of new pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
PART 3A--LICENSING OF MONITORING OPERATORS
Division 1--Interpretation
72A References to operations of licensed operators . . . . . . . . . . . . . . . . . 16
72B References to particular licensed operators . . . . . . . . . . . . . . . . . . . . 17
2
Gaming Machine Amendment
72C References to particular monitoring operators' licences . . . . . . . . . 17
72D Control action under the Corporations Law . . . . . . . . . . . . . . . . . . . . 17
Division 2--Suitability of persons
72E Suitability of applicants for, and holders of, monitoring
operators' licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
72F Suitability of associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
72G Other issues about suitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
Division 3--Applications for, and issue of, monitoring operators'
licences
72H Application for licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
72I Further information to support application . . . . . . . . . . . . . . . . . . . . . 20
72J Change in circumstances of applicant . . . . . . . . . . . . . . . . . . . . . . . . 20
72K Fresh disclosure affidavit by applicant . . . . . . . . . . . . . . . . . . . . . . . 21
72L Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
72M Investigations about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
72N Criminal history reports for investigation . . . . . . . . . . . . . . . . . . . . . . 22
72O Recommendation about application . . . . . . . . . . . . . . . . . . . . . . . . . . 22
72P Decision about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
72Q Conditions of licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
72R Form of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
72S Duration of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 4--Dealings affecting operators' licences
72T Changing conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
72U Recording change of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
72V Extension of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
72W Renewal of licence--application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
72X Renewal of licence--decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
72Y Replacement of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
72Z Licence not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
72ZA Surrender of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 5--Investigation of licensed operators and associates
72ZB Audit programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
72ZC Investigation of licensed operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
3
Gaming Machine Amendment
72ZD Investigation of associate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
72ZE Requirement to give information or material for investigation . . . . 30
72ZF Failure to give information or material for investigation . . . . . . . . . 30
Division 6--Suspension and cancellation of monitoring operators'
licences
72ZG Grounds for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . 30
72ZH Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
72ZI Involvement of interested persons in show cause process . . . . . . . . 32
72ZJ Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
72ZK Ending show cause process without further action . . . . . . . . . . . . . . 32
72ZL Censuring licensed operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
72ZM Direction to rectify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
72ZN Recommendation to suspend or cancel . . . . . . . . . . . . . . . . . . . . . . . 34
72ZO Decision of commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
72ZP Suspension or cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
72ZQ Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
72ZR Effect of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
72ZS Notices to interested persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
Division 7--Obligations of licensed operators
72ZT Change in circumstances of licensed operator . . . . . . . . . . . . . . . . . 38
72ZU Fresh disclosure affidavit by licensed operator . . . . . . . . . . . . . . . . . 38
72ZV Change of officers of licensed operator . . . . . . . . . . . . . . . . . . . . . . . 39
72ZW Returns about licensed key monitoring employees . . . . . . . . . . . . . . 39
72ZX Change of licensed key monitoring employees . . . . . . . . . . . . . . . . . 40
72ZY Ending person's employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 8--Other matters
72ZZ Disclosure affidavits about persons having influence or
receiving benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
14 Amendment of pt 4 (Licensing of repairers, service contractors
and machine managers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
15 Insertion of new s 75A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
75A Unlicensed persons not to be key monitoring employees . . . . . . . . . 43
4
Gaming Machine Amendment
16 Insertion of new s 76A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
76A Certain persons must apply for key monitoring employee's
licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
17 Amendment of s 77 (Applications for licences under this part) . . . . . . . . . 45
18 Amendment of s 79 (Consideration of applications) . . . . . . . . . . . . . . . . . . 45
19 Amendment of s 81 (Issue of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
20 Amendment of s 86 (Renewal and continuance of licences) . . . . . . . . . . . 45
21 Amendment of s 88 (Display of repairer's licence) . . . . . . . . . . . . . . . . . . . 46
22 Amendment of s 97 (Provisional licences) . . . . . . . . . . . . . . . . . . . . . . . . . . 46
23 Amendment of s 98 (Installation and storage of gaming machines) . . . . . . 46
24 Insertion of new s 98A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
98A Licensee's register of gaming machines . . . . . . . . . . . . . . . . . . . . . . 47
25 Amendment of s 101 (Installation of electronic monitoring systems) . . . . . 47
26 Insertion of new s 101A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
101A Basic monitoring fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
27 Amendment of s 115 (Contracts for certain services to be approved) . . . . 48
28 Amendment of s 135 (Manufacture, sale, supply obtaining or
possession of gaming machines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
29 Amendment of s 136 (Possession etc. of gaming machines and
restricted components by recognised manufacturers or suppliers of
gaming machines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
30 Amendment of s 138 (Possession etc. of gaming machines and
restricted components by licensed repairers) . . . . . . . . . . . . . . . . . . . . . . . . 50
31 Amendment of s 139 (Possession etc. of restricted components by
licensed service contractors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
32 Amendment of s 140 (Possession etc. of gaming machines and
restricted components by licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
33 Amendment of s 141 (Possession etc. of gaming machines etc. by
other persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
34 Insertion of new ss 141A to 141D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
141A Gaming equipment not to be encumbered . . . . . . . . . . . . . . . . . . . . . 52
141B Repossession of gaming machines . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
141C Storage of gaming machines by operators and financiers . . . . . . . . 52
141D Operator's and financier's registers of gaming machines . . . . . . . . . 53
35 Amendment of s 142 (Consignment or movement of gaming machines) . . 53
5
Gaming Machine Amendment
36 Insertion of new s 142A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
142A Destruction of gaming machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
37 Replacement of s 148 (Gaming machines supplied to be in
accordance with approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
148 Gaming machines supplied to be in accordance with approval . . . . 54
38 Amendment s 149 (Linked jackpots) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
39 Amendment of s 150 (Gaming machines to be labelled with
director's identification number) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
40 Amendment of s 158 (Accounts and analyses) . . . . . . . . . . . . . . . . . . . . . . . 55
41 Amendment of s 161 (Audit of accounts) . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
42 Insertion of new s 161A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
161A Audit of accounts of licensed operators . . . . . . . . . . . . . . . . . . . . . . . 56
43 Amendment of s 163 (Gross monthly turnover) . . . . . . . . . . . . . . . . . . . . . . . 56
44 Replacement of s 164 (Monthly rental fees) . . . . . . . . . . . . . . . . . . . . . . . . . 57
164 Monthly fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
45 Amendment of s 165 (Gaming machine tax) . . . . . . . . . . . . . . . . . . . . . . . . 57
46 Amendment of s 166 (Sport and recreation levy) . . . . . . . . . . . . . . . . . . . . . 57
47 Amendment of s 167 (Charities and rehabilitation levy) . . . . . . . . . . . . . . . 58
48 Amendment of s 168 (Gaming machine community benefit levy) . . . . . . . 58
49 Amendment of s 170 (Payment of monthly rental fees, taxes etc.) . . . . . . 58
50 Amendment of s 172 (Forgiven or overpaid money) . . . . . . . . . . . . . . . . . . 59
51 Amendment of s 174 (Disposition of fees etc.) . . . . . . . . . . . . . . . . . . . . . . . 59
52 Amendment of s 175 (Adjustment of rental fees etc. in certain
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
53 Amendment of s 176 (Recovery of rental fees, taxes and levies) . . . . . . . . 60
54 Amendment of s 177 (Offences relating to revenue) . . . . . . . . . . . . . . . . . . 61
55 Amendment of s 180 (Directions to licensees) . . . . . . . . . . . . . . . . . . . . . . . 61
56 Amendment of s 186 (Certain persons not to play gaming machines) . . . . 61
57 Amendment of s 189 (Restriction on certain agreements) . . . . . . . . . . . . . . 62
58 Amendment of s 212 (Disclosure of criminal history) . . . . . . . . . . . . . . . . . 62
59 Amendment of s 215 (Regulation making power) . . . . . . . . . . . . . . . . . . . . 63
60 Insertion of new s 217 and pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
217 Approval of chief executive may be conditional . . . . . . . . . . . . . . . 63
6
Gaming Machine Amendment
PART 11--TRANSITIONALS
218 Chief executive to supply gaming machines etc. until
there is a licensed operator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
219 Gaming machine tax for June 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . 64
220 Recovery of certain amounts outstanding at 30 June 1997 . . . . . . . 64
221 Payment of certain amounts received after 30 June 1997 . . . . . . . . 64
222 Inspectors and officers of the division . . . . . . . . . . . . . . . . . . . . . . . . 65
61 Amendments about chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . . 66
REPLACEMENT OF REFERENCES TO DIRECTOR
1997
A BILL
FOR
An Act to amend the Gaming Machine Act 1991
s1 8 s4
Gaming Machine Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Gaming Machine Amendment Act 1997. 3
4
Commencement
Clause 2. This Act commences on a day to be fixed by proclamation. 5
amended 6
Act
Clause 3. This Act amends the Gaming Machine Act 1991. 7
of s 3 (Interpretation) 8
Amendment
Clause 4.(1) Section 3, heading-- 9
omit, insert-- 10
`Definition'. 11
(2) Section 3, definition "gross monthly turnover". 12
omit. 13
(3) Section 3-- 14
insert-- 15
` "accepted representations" see section 72ZJ.1 16
"approved financier" means any of the following-- 17
(a) a financial institution under the Acts Interpretation Act 1954, 18
section 36;2 19
(b) a registered corporation under the Financial Corporations Act 20
1 Section 72ZJ (Consideration of representations)
2 Under the Acts Interpretation Act 1954, section 36, a "financial institution"
means a bank, building society or credit union.
s4 9 s4
Gaming Machine Amendment
1974 (Cwlth); 1
(c) another entity prescribed under a regulation. 2
"assessment period", for licensed premises, means the period for which 3
an assessment is required to be made under section 163(1)3 for the 4
premises. 5
"basic monitoring services" means services supplied by a licensed 6
operator under the conditions of the operator's licence-- 7
(a) for electronically monitoring the security, accounting or 8
operational data from a licensee's gaming equipment on licensed 9
premises; or 10
(b) relating to the operation of the equipment being monitored. 11
"disclosed associate" means a person stated in a disclosure affidavit as 12
being a person who satisfies a description mentioned in 13
section 72ZZ(4)(a) or (b).4 14
"disclosure affidavit" see section 72ZZ.5 15
"gaming trainer" means a person (other than a listed person) who 16
conducts a genuine training course relating to the conduct of gaming. 17
"general associate", of a person, means an associate (other than a disclosed 18
associate) of the person. 19
"information notice", for a decision of the commission means a written 20
notice stating-- 21
(a) the decision; and 22
(b) the reasons for the decision; and 23
(c) that the person to whom the notice is given may appeal against the 24
decision to a Magistrates Court within 28 days after the notice is 25
given. 26
3 Section 163 (Monthly taxable metered win)
4 Section 72ZZ (Disclosure affidavits about persons having influence or receiving
benefits)
5 Section 72ZZ (Disclosure affidavits about persons having influence or receiving
benefits)
s4 10 s4
Gaming Machine Amendment
"interested person" see section 72ZI.6 1
"key monitoring employee" means an individual employed by, or 2
working for, a licensed operator who-- 3
(a) occupies a managerial position or carries out functions in a 4
managerial capacity; or 5
(b) may make decisions, involving the exercise of the person's 6
discretion, that regulate the operator's operations. 7
"key officer", for a licensed operator, means a person associated with, or 8
employed by, the operator who-- 9
(a) exercises, or is able to exercise, significant influence over the 10
operator's operations; or 11
(b) because of the person's remuneration or policy-making position 12
or other reasons prescribed under a regulation--exercises, or is 13
able to exercise, authority of a nature, or to an extent, about the 14
operator's operations that makes it desirable in the public interest 15
for the person to be a licensed key monitoring employee. 16
"licensed key monitoring employee" means the holder of a key 17
monitoring employee's licence in force under this Act. 18
"licensed operator" means the holder of an operator's licence in force 19
under this Act. 20
"metered bets", for licensed premises for an assessment period, means the 21
amount of all bets made on gaming machines on the premises in the 22
assessment period. 23
"metered payouts", for licensed premises for an assessment period, 24
means the metered amount won by players for winning results on 25
gaming machines on the premises in the assessment period. 26
"metered win", for licensed premises for an assessment period, means the 27
amount obtained by subtracting the metered payouts for the premises 28
from the metered bets for the premises. 29
"monthly taxable metered win", for licensed premises for an assessment 30
period, means the metered win for the premises for the period, less the 31
6 Section 72ZI (Involvement of interested persons in show cause process)
s5 11 s6
Gaming Machine Amendment
amounts for the period-- 1
(a) paid into an approved trust account maintained by a licensed 2
operator for multiple site jackpot increments; and 3
(b) prescribed under a regulation. 4
"multiple site jackpot increments", for licensed premises, means the 5
amount assessed by or for the chief executive for a linked jackpot 6
arrangement for an assessment period. 7
"reasonably suspects" means suspects on grounds that are reasonable in 8
all the circumstances. 9
"registered company auditor" means a person registered as an auditor, or 10
taken to be registered as an auditor, under the Corporations Law, 11
chapter 9, part 9.2.7 12
"show cause notice" see section 72ZH.8 13
"show cause period" see section 72ZH.'. 14
of s 6 (Meaning of "associate") 15
Amendment
Clause 5. Section 6(a)(xiv), `section 59 or 89'-- 16
omit, insert-- 17
`section 59, 72H, 72K, 72W, 72ZU or 89'. 18
of s 24 (Appeals from commission) 19
Amendment
Clause 6.(1) Section 24, heading-- 20
omit, insert-- 21
`Appeals to Minister'. 22
(2) Section 24(1)(b), after `subsection (8)'-- 23
insert-- 24
`or (9)'. 25
7 Chapter 9 (Miscellaneous), part 9.2 (Registration of auditors and liquidators)
8 Section 72ZH (Show cause notice)
s7 12 s8
Gaming Machine Amendment
(3) Section 24(4)(c)-- 1
omit, insert-- 2
`(c) if the appeal is against a decision or determination of the 3
commission--the commission; and'. 4
(4) Section 24-- 5
insert-- 6
`(9) An appeal under subsection (1)(b) may be made in relation to-- 7
(a) a decision of the chief executive under section 72X9 refusing to 8
renew an operator's licence; or 9
(b) a decision of the chief executive under section 72Y10 refusing to 10
replace an operator's licence.'. 11
of s 25 (Determination of appeals) 12
Amendment
Clause 7.(1) Section 25, heading-- 13
omit, insert-- 14
`Minister's determination of appeals'. 15
(2) Section 25(1)(a), `appeal and information'-- 16
omit, insert-- 17
`appeal under section 24 and information'. 18
of new ss 25A-25F 19
Insertion
Clause 8. After section 25-- 20
insert-- 21
to Magistrates Court 22
`Appeals
`25A.(1) An applicant for an operator's licence may appeal against the 23
9 Section 72X (Renewal of licence--decision)
10 Section 72Y (Replacement of licence)
s8 13 s8
Gaming Machine Amendment
commission's decision under section 72P11 to refuse to grant the application 1
for the licence. 2
`(2) A licensed operator may appeal against the following decisions of 3
the commission-- 4
(a) a decision under section 72Q12 to impose a condition on the 5
licence; 6
(b) a decision under section 72T13 to change a condition of the 7
licence; 8
(c) a decision under section 72ZO or 72ZQ14 to suspend the licence; 9
(d) a decision under section 72ZO to cancel the licence. 10
`(3) The appeal must be made to the Magistrates Court at Brisbane or 11
nearest the place where the appellant carries on, or proposes to carry on, 12
operations under the operator's licence. 13
`(4) Sections 25B to 25F apply only to an appeal under this section. 14
appeal 15
`Starting
`25B.(1) An appeal is started by-- 16
(a) filing a written notice of appeal with the clerk of the Magistrates 17
Court; and 18
(b) serving a copy of the notice on the commission. 19
`(2) The notice of appeal must be filed within 28 days after the appellant 20
receives notice of the decision. 21
`(3) The court may at any time extend the period for filing the notice of 22
appeal. 23
`(4) The notice of appeal must state fully the grounds of the appeal and 24
the facts relied on. 25
11 Section 72P (Decision about application)
12 Section 72Q (Conditions of licences)
13 Section 72T (Changing conditions of licence)
14 Section 72ZO (Decision of commission) or 72ZQ (Immediate suspension)
s8 14 s8
Gaming Machine Amendment
of operations of decisions 1
`Stay
`25C.(1) The Magistrates Court may grant a stay of the operation of a 2
decision appealed against to secure the effectiveness of the appeal. 3
`(2) A stay-- 4
(a) may be given on conditions the court considers appropriate; and 5
(b) operates for the period fixed by the court; and 6
(c) may be revoked or amended by the court. 7
`(3) The stay must not extend past the time when the court decides the 8
appeal. 9
`(4) An appeal against a decision affects the decision, or the carrying out 10
of the decision, only if the decision is stayed. 11
procedures 12
`Hearing
`25D.(1) In deciding an appeal, the Magistrates Court-- 13
(a) has the same powers as the commission; and 14
(b) is not bound by the rules of evidence; and 15
(c) must comply with natural justice; and 16
(d) may hear the appeal in court or chambers. 17
`(2) An appeal is by way of rehearing. 18
of court on appeal 19
`Powers
`25E.(1) In deciding an appeal, the Magistrates Court may-- 20
(a) confirm the decision; or 21
(b) set aside the decision and substitute another decision; or 22
(c) set aside the decision and return the matter to the commission 23
with the directions the court considers appropriate. 24
`(2) If the court substitutes another decision, the substituted decision is, 25
for this Act (other than section 25A), taken to be the commission's 26
decision. 27
s9 15 s9
Gaming Machine Amendment
to District Court 1
`Appeal
`25F. An appeal to a District Court from a decision of a Magistrates 2
Court may be made only on a question of law.'. 3
of s 35 (Secrecy) 4
Amendment
Clause 9.(1) Section 35(2)(b)-- 5
omit, insert-- 6
`(b) must not communicate or reveal the information.'. 7
(2) Section 35-- 8
insert-- 9
`(2A) A person who is or was a licensed operator must not communicate 10
or reveal information about a licensee's operations that the person obtained 11
in the course of the person's operations as a licensed operator. 12
Maximum penalty--200 penalty units or 1 year's imprisonment. 13
`(2B) A person who is or was employed by a licensed operator or who 14
works or worked for a licensed operator (whether in the capacity of a 15
licensed key monitoring employee or another capacity), must not 16
communicate or reveal information obtained by the person in carrying out 17
the person's functions in that capacity. 18
Maximum penalty--200 penalty units or 1 year's imprisonment. 19
`(2C) Subsections (2), (2A) and (2B) do not apply to the communication 20
or revealing of information by a person-- 21
(a) for a purpose under this Act or a Gaming Act; or 22
(b) with a lawful excuse; or 23
(c) under an approval of the chief executive or commission under this 24
section.'. 25
(3) Section 35(3) and (5), `subsection (2),'-- 26
omit, insert-- 27
`subsection (2), (2A) or (2B),'. 28
(4) Section 35(3) and (5), `subsection (2) to'-- 29
s 10 16 s 13
Gaming Machine Amendment
omit, insert-- 1
`the subsection to'. 2
of s 44 (Schedule of gaming machines) 3
Amendment
Clause 10. Section 44(3)(a), `54 or', 4
omit. 5
of s 54 (Director to provide gaming machines etc.) 6
Omission
Clause 11. Section 54-- 7
omit. 8
of s 56 (Increase in gaming machines) 9
Amendment
Clause 12. Section 56(3)(c), `gross monthly turnover'-- 10
omit, insert-- 11
`monthly taxable metered win'. 12
of new pt 3A 13
Insertion
Clause 13. After section 72-- 14
insert-- 15
ART 3A--LICENSING OF MONITORING 16
`P
OPERATORS 17
1--Interpretation 18
`Division
to operations of licensed operators 19
`References
`72A. In this Act, a reference to the operations of a licensed operator is a 20
reference to the operator's operations as a licensed operator. 21
s 13 17 s 13
Gaming Machine Amendment
to particular licensed operators 1
`References
`72B. In this Act, a reference to a licensed operator in association with a 2
reference to an operator's licence is a reference to the licensed operator who 3
holds the operator's licence. 4
to particular monitoring operators' licences 5
`References
`72C. In this Act, a reference to an operator's licence in association with 6
a reference to a licensed operator is a reference to the operator's licence held 7
by the licensed operator. 8
action under the Corporations Law 9
`Control
`72D. For this Act, a licensed operator, or an associate of a licensed 10
operator, is affected by control action under the Corporations Law if the 11
operator or associate-- 12
(a) has executed a deed of company arrangement under the Law; or 13
(b) is the subject of a winding-up (whether voluntarily or under a 14
court order) under the Law; or 15
(c) is the subject of an appointment of an administrator, liquidator, 16
receiver or receiver and manager under the Law. 17
`Division 2--Suitability of persons 18
of applicants for, and holders of, monitoring operators' 19
`Suitability
licences 20
`72E.(1) This section applies to the chief executive in deciding whether-- 21
(a) an applicant (the "involved body") for an operator's licence is a 22
suitable person to be a licensed operator; or 23
(b) a licensed operator (also the "involved body") is a suitable 24
person to hold an operator's licence. 25
`(2) The chief executive must have regard to the following issues-- 26
(a) the involved body's business reputation; 27
s 13 18 s 13
Gaming Machine Amendment
(b) the involved body's current financial position and financial 1
background; 2
(c) for the secretary and each executive officer of the involved 3
body-- 4
(i) the person's character; and 5
(ii) the person's current financial position and financial 6
background; 7
(d) the involved body's general suitability to be a licensed operator; 8
(e) whether the involved body has, or has arranged, a satisfactory 9
ownership, trust or corporate structure; 10
(f) whether the involved body has, or is able to obtain, enough 11
financial resources to ensure the financial viability of the 12
operations of a licensed operator; 13
(g) whether the involved body has, or is able to obtain, the services of 14
persons with appropriate business ability to enable the involved 15
body to successfully conduct operations as a licensed operator; 16
(h) whether the involved body has, or is able to obtain, the services of 17
persons with appropriate knowledge or experience to enable the 18
involved body to successfully operate electronic monitoring 19
systems; 20
(i) if the involved body has a business association with another 21
entity-- 22
(i) the entity's character or business reputation; and 23
(ii) the entity's current financial position and financial 24
background; 25
(j) any other issue prescribed under a regulation. 26
of associates 27
`Suitability
`72F.(1) This section applies to the chief executive in deciding whether-- 28
(a) an associate of an applicant for an operator's licence is a suitable 29
person to be an associate of a licensed operator; or 30
(b) an associate of a licensed operator is a suitable person to be an 31
s 13 19 s 13
Gaming Machine Amendment
associate of a licensed operator. 1
`(2) The chief executive must have regard to the following issues-- 2
(a) the associate's character or business reputation; 3
(b) the associate's current financial position and financial background; 4
(c) if the associate has a business association with another entity-- 5
(i) the entity's character or business reputation; and 6
(ii) the entity's current financial position and financial 7
background; 8
(d) any other issue prescribed under a regulation. 9
issues about suitability 10
`Other
`72G. Sections 72E and 72F do not limit the issues the chief executive 11
may have regard to in deciding a matter to which the section relates. 12
3--Applications for, and issue of, monitoring operators' 13
`Division
licences 14
for licence 15
`Application
`72H.(1) An application for an operator's licence may be made only by a 16
body corporate. 17
`(2) An application must-- 18
(a) be made to the chief executive; and 19
(b) be in the approved form. 20
`(3) An application must be accompanied by the following-- 21
(a) a copy of the certificate of registration or incorporation as a body 22
corporate of the applicant; 23
(b) a copy of the memorandum and articles of association, rules, 24
constitution or other incorporating documents of the applicant, in 25
force when making the application; 26
(c) a copy of the resolution or minute of the proceedings of the 27
s 13 20 s 13
Gaming Machine Amendment
governing body of the applicant giving approval for making the 1
application; 2
(d) a copy of the last audited balance sheet or statement of the 3
financial affairs of the applicant; 4
(e) a disclosure affidavit;15 5
(f) the application fee prescribed under a regulation. 6
`(4) The copy of a document mentioned in subsection (3)(b) or (c) must 7
be certified as a true copy by the secretary of the applicant or another person 8
authorised by the applicant to make the certification. 9
information to support application 10
`Further
`72I.(1) The chief executive may, by written notice given to an applicant 11
or an associate of an applicant for an operator's licence, require the applicant 12
or associate to give the chief executive further information about the 13
application within the reasonable time stated in the notice. 14
`(2) A notice under subsection (1) must relate to information the chief 15
executive considers reasonable for making a recommendation to the 16
commission about the application. 17
in circumstances of applicant 18
`Change
`72J.(1) This section applies to an applicant for an operator's licence if, 19
before the application is granted or refused, a change happens affecting-- 20
(a) information contained in, or accompanying, the application (other 21
than information contained in a disclosure affidavit); or 22
(b) information contained in, or accompanying, a notice, or the last 23
notice, given to the chief executive under this section by the 24
applicant. 25
`(2) Within 7 days after the change, the applicant must give written notice 26
of the change to the chief executive. 27
15 Section 72ZZ (Disclosure affidavits about persons having influence or receiving
benefits) deals with the requirements for disclosure affidavits.
s 13 21 s 13
Gaming Machine Amendment
Maximum penalty for subsection (2)--200 penalty units or 1 year's 1
imprisonment. 2
disclosure affidavit by applicant 3
`Fresh
`72K.(1) This section applies to an applicant for an operator's licence if, 4
before the application is granted or refused, a change happens affecting 5
information contained in-- 6
(a) the disclosure affidavit that accompanied the application; or 7
(b) a disclosure affidavit, or the last disclosure affidavit, given to the 8
chief executive under this section by the applicant. 9
`(2) Within 7 days after the change, the applicant must give a fresh 10
disclosure affidavit to the chief executive.16 11
Maximum penalty for subsection (2)--200 penalty units or 1 year's 12
imprisonment. 13
of application 14
`Consideration
`72L. The chief executive must consider an application for an operator's 15
licence as soon as practicable after receiving the application. 16
about application 17
`Investigations
`72M.(1) In considering an application for an operator's licence, the chief 18
executive must conduct the investigations the chief executive considers are 19
necessary to help the chief executive decide-- 20
(a) whether the applicant is a suitable person to be a licensed operator; 21
and 22
(b) for a person who is a disclosed associate of the 23
applicant--whether the person is a suitable person to be an 24
associate of a licensed operator. 25
`(2) Without limiting subsection (1), the chief executive may conduct the 26
16 Section 72ZZ (Disclosure affidavits about persons having influence or receiving
benefits) deals with the requirements for disclosure affidavits.
s 13 22 s 13
Gaming Machine Amendment
investigations the chief executive considers are necessary to help the chief 1
executive decide whether a general associate of the applicant is a suitable 2
person to be an associate of a licensed operator. 3
history reports for investigation 4
`Criminal
`72N.(1) If the chief executive, in conducting an investigation about a 5
person asks the commissioner of the police service for a written report 6
about the person's criminal history, the commissioner must give the report 7
to the chief executive. 8
`(2) However, the report is required to contain only criminal history in 9
the commissioner's possession or to which the commissioner has access. 10
about application 11
`Recommendation
`72O.(1) After completing the consideration of an application for an 12
operator's licence, the chief executive must recommend to the commission 13
the application be granted or refused. 14
`(2) In making a recommendation, the chief executive must have regard 15
to-- 16
(a) the suitability of the applicant to be a licensed operator; and 17
(b) for a person who is a disclosed associate of the applicant--the 18
suitability of the person to be an associate of a licensed operator. 19
`(3) Also, if the chief executive considers it is appropriate, the chief 20
executive may, in making a recommendation, have regard to the suitability 21
of a general associate of the applicant to be an associate of a licensed 22
operator. 23
`(4) The chief executive may recommend the granting of an application 24
only if the chief executive is satisfied the applicant is a suitable person to be 25
a licensed operator. 26
`(5) The chief executive may recommend the refusal of an application 27
if-- 28
(a) the chief executive has given a notice to the applicant, or a 29
disclosed associate of the applicant, requiring the applicant or 30
associate to give further information about the application; and 31
s 13 23 s 13
Gaming Machine Amendment
(b) the applicant or associate has failed, without reasonable excuse, to 1
give the information to the chief executive within the time stated 2
in the notice. 3
about application 4
`Decision
`72P.(1) The commission may grant or refuse to grant an application for 5
an operator's licence. 6
`(2) Before making its decision, the commission may, by written notice 7
given to the applicant, or a disclosed associate of the applicant, require the 8
applicant or associate to give the commission further information about the 9
application within the reasonable time stated in the notice. 10
`(3) A notice under subsection (2) must relate to information the 11
commission considers reasonable for making a decision about the 12
application. 13
`(4) In making its decision, the commission-- 14
(a) must have regard to the chief executive's recommendation; and 15
(b) may have regard to other issues the commission considers 16
relevant. 17
`(5) The commission may grant an application only if it is satisfied the 18
grant is not contrary to the public interest. 19
`(6) The commission may refuse to grant an application if-- 20
(a) the commission has given a notice to the applicant, or a disclosed 21
associate of the applicant, requiring the applicant or associate to 22
give further information about the application; and 23
(b) the applicant or associate has failed without reasonable excuse, to 24
give the information to the commission within the time stated in 25
the notice. 26
`(7) If the commission decides to grant an application for an operator's 27
licence, the chief executive must promptly issue the licence to the applicant 28
on payment of the licence fee prescribed under a regulation. 29
`(8) If the commission decides to refuse to grant an application for an 30
operator's licence, the chief executive must promptly give the applicant an 31
information notice about the decision. 32
s 13 24 s 13
Gaming Machine Amendment
of licences 1
`Conditions
`72Q.(1) An operator's licence is issued on the conditions the 2
commission considers necessary or desirable-- 3
(a) in the public interest; or 4
(b) for the proper conduct of gaming; or 5
(c) for the proper conduct by the licensed operator of its operations 6
involving electronic monitoring systems. 7
`(2) If an operator's licence is issued on conditions, the chief executive 8
must promptly give the applicant an information notice about the 9
commission's decision to impose the conditions. 10
of licence 11
`Form
`72R.(1) An operator's licence must be in the approved form. 12
`(2) The approved form must provide for the inclusion of the following 13
particulars-- 14
(a) the name and address of the holder of the licence; 15
(b) the date of issue of the licence; 16
(c) the expiry date of the licence; 17
(d) the conditions of the licence; 18
(e) other particulars prescribed under a regulation. 19
of licence 20
`Duration
`72S. An operator's licence remains in force for 10 years from its date of 21
issue. 22
4--Dealings affecting operators' licences 23
`Division
conditions of licence 24
`Changing
`72T.(1) The commission may change the conditions of an operator's 25
licence if the commission considers it is necessary or desirable to make the 26
s 13 25 s 13
Gaming Machine Amendment
change-- 1
(a) in the public interest; or 2
(b) for the proper conduct of gaming; or 3
(c) for the proper conduct by the licensed operator of its operations 4
involving electronic operating systems. 5
`(2) If the commission decides to change the conditions, the chief 6
executive must promptly give the licensed operator an information notice 7
about the decision. 8
`(3) The change of the conditions-- 9
(a) has effect from the day stated in the notice; and 10
(b) does not depend on the licence being amended to record the 11
change, or a replacement licence recording the change being 12
issued. 13
`(4) The commission's power to change the conditions of an operator's 14
licence includes the power to add conditions to an unconditional licence. 15
change of conditions 16
`Recording
`72U.(1) A licensed operator who receives an information notice under 17
section 72T(2) must return the operator's licence to the chief executive 18
within 14 days after receiving the notice, unless the operator has a 19
reasonable excuse. 20
Maximum penalty--40 penalty units. 21
`(2) On receiving the licence, the chief executive must-- 22
(a) amend the licence in an appropriate way and return the amended 23
licence to the licensed operator; or 24
(b) if the chief executive does not consider it is practical to amend the 25
licence--issue another operator's licence, incorporating the 26
changed conditions, to the licensed operator to replace the licence 27
returned to the chief executive. 28
s 13 26 s 13
Gaming Machine Amendment
of licence 1
`Extension
`72V.(1) A licensed operator may apply for an extension of the 2
operator's licence. 3
`(2) An application must-- 4
(a) be made to the chief executive; and 5
(b) be in the approved form; and 6
(c) be made at least 1 month before the licence expires; and 7
(d) be accompanied by the application fee prescribed under a 8
regulation. 9
`(3) The chief executive may, by written notice given to the licensed 10
operator, extend the term of the licence-- 11
(a) only if the chief executive believes special circumstances exist to 12
warrant the extension; and 13
(b) only for a maximum period of 1 month from the date the licence 14
would, apart from this section, expire. 15
of licence--application 16
`Renewal
`72W.(1) A licensed operator may apply for renewal of the operator's 17
licence. 18
`(2) An application must-- 19
(a) be made to the chief executive; and 20
(b) be in the approved form; and 21
(c) be made-- 22
(i) at least 1 month before the licence expires; or 23
(ii) if, before the licence expires, the chief executive extends the 24
term of the licence--within the extended period. 25
`(3) An application must be accompanied by the following-- 26
(a) a list of the names, addresses and dates of birth of-- 27
(i) the secretary of the applicant; and 28
(ii) the executive officers of the applicant; and 29
s 13 27 s 13
Gaming Machine Amendment
(iii) all other persons who have been the secretary or an executive 1
officer of the applicant since the licence was issued or last 2
renewed; 3
(b) a disclosure affidavit;17 4
(c) the application fee prescribed under a regulation. 5
of licence--decision 6
`Renewal
`72X.(1) The chief executive must consider an application for renewal of 7
an operator's licence and renew, or refuse to renew, the licence. 8
`(2) The chief executive must renew the licence if the licensed operator 9
complies with section 72W and pays the licence renewal fee prescribed 10
under a regulation. 11
`(3) If the chief executive refuses to renew the licence, the chief executive 12
must promptly give the applicant a written notice stating-- 13
(a) the decision; and 14
(b) the reasons for the decision; and 15
(c) that the person may appeal against the decision to the Minister 16
within 14 days of the notice being given. 17
`(4) The renewal of a licence is for 10 years starting on-- 18
(a) the day after its last expiry; or 19
(b) if the term of the licence has been extended--the day after the 20
licence would have last expired apart from the extension. 21
of licence 22
`Replacement
`72Y.(1) A licensed operator may apply to the chief executive for the 23
replacement of a lost, stolen, destroyed or damaged operator's licence. 24
`(2) The application must be accompanied by the fee prescribed under a 25
regulation for issuing a replacement licence. 26
17 Section 72ZZ (Disclosure affidavits about persons having influence or receiving
benefits) deals with the requirements for disclosure affidavits.
s 13 28 s 13
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`(3) The chief executive must consider the application and-- 1
(a) replace the licence by issuing another operator's licence to the 2
applicant; or 3
(b) refuse to replace the licence. 4
`(4) The chief executive must replace the licence if the chief executive is 5
satisfied the licence-- 6
(a) has been lost, stolen or destroyed; or 7
(b) has been damaged in a way to require its replacement. 8
`(5) If the chief executive refuses to replace the licence, the chief 9
executive must promptly give the applicant a written notice stating-- 10
(a) the decision; and 11
(b) the reasons for the decision; and 12
(c) that the person may appeal against the decision to the Minister 13
within 14 days of the notice being given. 14
`(6) A replacement licence has the same effect for all purposes as the 15
licence it replaces. 16
not transferable 17
`Licence
`72Z. An operator's licence is not transferable. 18
of licence 19
`Surrender
`72ZA.(1) A licensed operator may surrender the operator's licence by 20
written notice given to the chief executive. 21
`(2) The notice must-- 22
(a) be in the approved form; and 23
(b) be accompanied by the licence. 24
`(3) The chief executive must give the operator a notice stating the day the 25
surrender is to take effect. 26
`(4) The day stated by the chief executive must be-- 27
s 13 29 s 13
Gaming Machine Amendment
(a) at least 1 month after the day the notice was given; but 1
(b) not longer than 3 months after the day the notice was given. 2
5--Investigation of licensed operators and associates 3
`Division
programs 4
`Audit
`72ZB.(1) The Minister may approve an audit program for investigating 5
licensed operators or associates of licensed operators. 6
`(2) The chief executive is responsible for ensuring an investigation of a 7
person under an approved audit program is conducted under the program. 8
`(3) However, a person may be investigated under an approved audit 9
program only once every 2 years. 10
of licensed operator 11
`Investigation
`72ZC.(1) The chief executive may conduct an investigation the chief 12
executive considers is necessary to help the chief executive decide whether a 13
licensed operator is a suitable person to hold an operator's licence. 14
`(2) However, the chief executive may conduct an investigation under 15
this section only if-- 16
(a) the chief executive reasonably suspects the licensed operator is not 17
a suitable person to hold an operator's licence; or 18
(b) the investigation is conducted under an audit program for licensed 19
operators approved by the Minister. 20
of associate 21
`Investigation
`72ZD.(1) The chief executive may conduct an investigation the chief 22
executive considers is necessary to help the chief executive decide whether 23
an associate of a licensed operator is a suitable person to be an associate of a 24
licensed operator. 25
`(2) However, the chief executive may conduct an investigation under 26
this section only if-- 27
s 13 30 s 13
Gaming Machine Amendment
(a) the chief executive reasonably suspects the associate is not a 1
suitable person to be an associate of the licensed operator; or 2
(b) the investigation is conducted under an audit program for 3
associates of licensed operators approved by the Minister. 4
to give information or material for investigation 5
`Requirement
`72ZE.(1) The chief executive may, by written notice given to a person to 6
whom an investigation under this division relates, require the person to give 7
the chief executive information or material the chief executive considers is 8
relevant to the investigation. 9
`(2) When making the requirement, the chief executive must warn the 10
person it is an offence to fail to comply with the requirement, unless the 11
person has a reasonable excuse. 12
to give information or material for investigation 13
`Failure
`72ZF.(1) A person of whom a requirement is made under section 72ZE 14
must comply with the requirement, unless the person has a reasonable 15
excuse. 16
Maximum penalty--200 penalty units or 1 year's imprisonment. 17
`(2) It is a reasonable excuse for the person not to comply with the 18
requirement if complying with the requirement might tend to incriminate the 19
person. 20
`(3) The person does not commit an offence against this section if the 21
information or material sought by the chief executive is not in fact relevant 22
to the investigation. 23
`Division 6--Suspension and cancellation of monitoring operators' 24
licences 25
for suspension or cancellation 26
`Grounds
`72ZG.(1) A ground for suspending or cancelling an operator's licence 27
exists if the licensed operator, or an associate of the operator-- 28
s 13 31 s 13
Gaming Machine Amendment
(a) is not a suitable person-- 1
(i) to hold an operator's licence; or 2
(ii) to be an associate of a licensed operator; or 3
(b) is convicted of an offence against this Act; or 4
(c) is convicted of an indictable offence (whether on indictment or 5
summarily) punishable by imprisonment for at least 1 year 6
(irrespective of whether the offence is also punishable by a fine in 7
addition, or as an alternative, to imprisonment); or 8
(d) contravenes a provision of this Act (being a provision a 9
contravention of which is not an offence against this Act); or 10
(e) fails to discharge the operator's or associate's financial 11
commitments; or 12
(f) is affected by control action under the Corporations Law. 13
`(2) Also, a ground for suspending or cancelling the licence exists if-- 14
(a) the licensed operator contravenes a condition of the licence; or 15
(b) the licence was issued because of a materially false or misleading 16
representation or declaration. 17
cause notice 18
`Show
`72ZH.(1) This section applies if the chief executive believes-- 19
(a) a ground exists to suspend or cancel an operator's licence; and 20
(b) the act, omission or other thing constituting the ground is of a 21
serious nature; and 22
(c) either-- 23
(i) the integrity of gaming or the conduct of gaming may be 24
jeopardised; or 25
(ii) the public interest may be affected adversely. 26
`(2) The chief executive must give the licensed operator a written notice 27
(a "show cause notice")-- 28
(a) stating that action (the "proposed action") is proposed to be 29
s 13 32 s 13
Gaming Machine Amendment
taken under this division about the operator's licence; and 1
(b) stating the grounds for the proposed action; and 2
(c) outlining the facts and circumstances forming the basis for the 3
grounds; and 4
(d) inviting the operator to show within a stated period (the "show 5
cause period") why the proposed action should not be taken. 6
`(3) The show cause period must end not less than 21 days after the 7
show cause notice is given to the operator. 8
`(4) The licensed operator may make written representations about the 9
show cause notice to the chief executive in the show cause period. 10
of interested persons in show cause process 11
`Involvement
`72ZI.(1) The chief executive must give a copy of the show cause notice 12
to each person (an "interested person") the chief executive considers has 13
an interest in the operator's licence. 14
`(2) An interested person to whom a copy of the show cause notice is 15
given may make written representations about the notice to the chief 16
executive in the show cause period. 17
of representations 18
`Consideration
`72ZJ. The chief executive must consider all written representations (the 19
"accepted representations") made in the show cause period by-- 20
(a) the licensed operator; or 21
(b) an interested person to whom a copy of the show cause notice is 22
given. 23
show cause process without further action 24
`Ending
`72ZK.(1) This section applies if, after considering the accepted 25
representations for the show cause notice, the chief executive no longer 26
believes a ground exists to suspend or cancel the operator's licence. 27
`(2) The chief executive must not take further action about the show 28
cause notice. 29
s 13 33 s 13
Gaming Machine Amendment
licensed operator 1
`Censuring
`72ZL.(1) This section applies if, after considering the accepted 2
representations for the show cause notice, the chief executive-- 3
(a) still believes a ground exists to suspend or cancel the operator's 4
licence; but 5
(b) does not believe suspension or cancellation of the licence is 6
warranted. 7
`(2) This section also applies if the chief executive has not given a show 8
cause notice to a licensed operator, but-- 9
(a) believes a ground exists to suspend or cancel the operator's 10
licence; and 11
(b) does not believe the giving of a show cause notice is warranted. 12
`(3) The chief executive may, by written notice given to the licensed 13
operator, censure the operator for a matter relating to the ground for 14
suspension or cancellation. 15
to rectify 16
`Direction
`72ZM.(1) This section applies if, after considering the accepted 17
representations for the show cause notice, the chief executive-- 18
(a) still believes a ground exists to suspend or cancel the operator's 19
licence; and 20
(b) believes further action, other than censuring of the licensed 21
operator, is warranted. 22
`(2) This section also applies if there are no accepted representations for 23
the show cause notice. 24
`(3) The chief executive may-- 25
(a) by written notice given to the licensed operator, direct the operator 26
to rectify a matter relating to the ground for suspension or 27
cancellation within the period stated in the notice; or 28
(b) take action under section 72ZN. 29
`(4) The period stated in the notice must be reasonable, having regard to 30
the nature of the matter to be rectified. 31
s 13 34 s 13
Gaming Machine Amendment
`(5) The chief executive may direct the licensed operator to rectify a 1
matter only if the chief executive considers-- 2
(a) the matter is reasonably capable of being rectified; and 3
(b) it is appropriate to give the operator an opportunity to rectify the 4
matter. 5
to suspend or cancel 6
`Recommendation
`72ZN.(1) This section applies if-- 7
(a) the circumstances mentioned in section 72ZM(1) or (2) exist and 8
the chief executive has not directed the licensed operator to rectify 9
a matter; or 10
(b) the licensed operator fails to comply with a direction to rectify a 11
matter within the period stated in the relevant notice. 12
`(2) The chief executive may recommend to the commission that the 13
operator's licence be suspended or cancelled. 14
`(3) The chief executive must give to the commission with the 15
recommendation-- 16
(a) a copy of the show cause notice; and 17
(b) the accepted representations for the show cause notice; and 18
(c) any other information or material in the chief executive's 19
possession the chief executive considers is relevant to the 20
recommendation. 21
of commission 22
`Decision
`72ZO.(1) On receiving a recommendation from the chief executive, the 23
commission may-- 24
(a) decide not to take any action in relation to the licensed operator or 25
operator's licence; or 26
(b) by written notice given to the licensed operator, censure the 27
operator for a matter relevant to the show cause notice; or 28
(c) if the commission considers a matter relevant to the show cause 29
s 13 35 s 13
Gaming Machine Amendment
notice is reasonably capable of being rectified--by written notice 1
given to the licensed operator, direct the operator to rectify the 2
matter within the reasonable period stated in the commission's 3
notice; or 4
(d) suspend the operator's licence for the period the commission 5
considers appropriate; or 6
(e) cancel the operator's licence. 7
`(2) In making its decision under subsection (1), the commission-- 8
(a) must have regard to-- 9
(i) the chief executive's recommendation; and 10
(ii) the accepted representations, and any other information or 11
material, given to the commission by the chief executive 12
with the recommendation; and 13
(b) may have regard to any other information or material the 14
commission considers is relevant. 15
`(3) If the commission directs the licensed operator to rectify a matter and 16
the operator fails to comply with the direction within the period stated in the 17
relevant notice, the commission may-- 18
(a) suspend the operator's licence for the period the commission 19
considers appropriate; or 20
(b) cancel the operator's licence. 21
or cancellation 22
`Suspension
`72ZP.(1) If the commission decides to suspend or cancel an operator's 23
licence, the chief executive must promptly give the licensed operator an 24
information notice about the decision. 25
`(2) The decision takes effect on-- 26
(a) the day the information notice is given to the licensed operator; or 27
(b) if a later day is stated in the notice--the later day. 28
`(3) If an operator's licence is cancelled, the person to whom the 29
information notice about the decision is given must, within 14 days after 30
receiving the notice, return the licence to the chief executive. 31
s 13 36 s 13
Gaming Machine Amendment
Maximum penalty--200 penalty units or 1 year's imprisonment. 1
`(4) At any time a suspension of an operator's licence is in force, the 2
commission may, by written notice given to the operator, for any remaining 3
period of suspension-- 4
(a) cancel the period; or 5
(b) reduce the period by a stated period. 6
`(5) In making its decision under subsection (4), the commission must 7
have regard to any relevant recommendation of the chief executive. 8
suspension 9
`Immediate
`72ZQ.(1) The commission may suspend an operator's licence if the 10
commission believes-- 11
(a) a ground exists to suspend or cancel the licence; and 12
(b) the act, omission or other thing constituting the ground is of a 13
serious nature; and 14
(c) either-- 15
(i) the integrity of gaming or the conduct of gaming is 16
jeopardised; or 17
(ii) the public interest is affected adversely. 18
`(2) In making a decision to suspend an operator's licence, the 19
commission must have regard to any advice about the suspension given to it 20
by the chief executive. 21
`(3) If the commission decides to suspend an operator's licence, the chief 22
executive-- 23
(a) must promptly give the licensed operator an information notice; 24
and 25
(b) must give the operator a show cause notice as if the chief 26
executive had formed the belief mentioned in section 72ZH(1)18 27
about the act, omission or other thing constituting the ground for 28
suspending the licence; and 29
18 Section 72ZH (Show cause notice)
s 13 37 s 13
Gaming Machine Amendment
(c) must not, without the commission's agreement-- 1
(i) make a decision under section 72ZK; or19 2
(ii) take action under section 72ZL or 72ZM.20 3
`(4) The suspension of an operator's licence-- 4
(a) takes effect-- 5
(i) when the information notice is given to the licensed operator; 6
or 7
(ii) if an earlier notice of the suspension is given orally to the 8
licensed operator by the chief executive--when the oral 9
notice is given to the licensed operator; and 10
(b) continues to operate until the show cause notice is finally dealt 11
with. 12
`(5) The giving of a show cause notice does not affect a suspension under 13
subsection (1). 14
of suspension 15
`Effect
`72ZR. The suspension of an operator's licence has the same effect as 16
the cancellation of the licence, but does not affect-- 17
(a) a penalty or liability incurred by the licensed operator; or 18
(b) the exercise of the powers of the commission, the chief executive 19
or an inspector. 20
to interested persons 21
`Notices
`72ZS. If under any of the following sections, the chief executive or the 22
commission is required to take, or not to take, action or the chief executive 23
or the commission decides to take or not to take action, the chief executive 24
must, as soon as practicable, give written notice of the requirement or 25
decision to each interested person-- 26
19 Section 72ZK (Ending show cause process without further action)
20 Section 72ZL (Censuring licensed operator) or 72ZM (Direction to rectify)
s 13 38 s 13
Gaming Machine Amendment
(a) section 72ZK(2); 1
(b) section 72ZL(3); 2
(c) section 72ZM(5); 3
(d) section 72ZO(1); 4
(e) section 72ZQ(3)(a) and (b). 5
`Division 7--Obligations of licensed operators 6
in circumstances of licensed operator 7
`Change
`72ZT.(1) A licensed operator must, within 7 days after the happening of 8
an event mentioned in subsection (2), give written notice of the event to the 9
chief executive. 10
Maximum penalty--200 penalty units or 1 year's imprisonment. 11
`(2) The events required to be notified by the licensed operator are as 12
follows-- 13
(a) the operator changes its name or address; 14
(b) the operator is convicted of-- 15
(i) an offence against this Act; or 16
(ii) an indictable offence (whether on indictment or summarily) 17
punishable by imprisonment for at least 1 year (irrespective 18
of whether the offence is also punishable by a fine in 19
addition, or as an alternative, to imprisonment); 20
(c) the operator is affected by control action under the Corporations 21
Law. 22
disclosure affidavit by licensed operator 23
`Fresh
`72ZU.(1) This section applies to a licensed operator if a change happens 24
affecting information contained in-- 25
(a) the disclosure affidavit that accompanied the application for the 26
operator's licence; or 27
s 13 39 s 13
Gaming Machine Amendment
(b) a disclosure affidavit, or the last disclosure affidavit, given to the 1
chief executive under section 72K21 by the operator; or 2
(c) a disclosure affidavit, or the last disclosure affidavit, given to the 3
chief executive under this section by the operator. 4
`(2) Within 7 days after the change, the licensed operator must give a 5
fresh disclosure affidavit to the chief executive. 6
Maximum penalty for subsection (2)--200 penalty units or 1 year's 7
imprisonment. 8
of officers of licensed operator 9
`Change
`72ZV.(1) This section applies to a licensed operator if a change happens 10
by which a person stops being, or becomes, the secretary or an executive 11
officer of the operator. 12
`(2) The licensed operator must, as required by this section, notify the 13
chief executive of-- 14
(a) the change; and 15
(b) the name, address and date of birth of the person involved in the 16
change. 17
Maximum penalty--200 penalty units or 1 year's imprisonment. 18
`(3) The notice must-- 19
(a) be in the approved form; and 20
(b) by given within 7 days after the change. 21
about licensed key monitoring employees 22
`Returns
`72ZW.(1) A licensed operator must give the chief executive a return as 23
required by this section stating the name and licence number of each person 24
employed by the operator as a licensed key monitoring employee when the 25
return is given. 26
Maximum penalty--40 penalty units. 27
21 Section 72K (Fresh disclosure affidavit by applicant)
s 13 40 s 13
Gaming Machine Amendment
`(2) The return must be in the approved form and must be given-- 1
(a) within 7 days after the operator's licence is issued; and 2
(b) each time the licensed operator applies for renewal of the licence. 3
`(3) The chief executive may also request a return at other times. 4
`(4) A return under subsection (3) must also be in the approved form and 5
must be given within 7 days of the chief executive's request. 6
`(5) A request under subsection (3) must not be made within 3 months 7
of the last request made to the licenced operator under subsection (3). 8
of licensed key monitoring employees 9
`Change
`72ZX.(1) This section applies to a licensed operator if-- 10
(a) a person becomes employed by the operator as a licensed key 11
monitoring employee; or 12
(b) a person stops being employed by the operator as a licensed key 13
monitoring employee. 14
`(2) The licensed operator must give the chief executive a notice as 15
required by this section stating-- 16
(a) the person's name and licence number; and 17
(b) the name and licence number of each other person employed by 18
the operator as a licensed key monitoring employee when the 19
notice is given. 20
Maximum penalty--40 penalty units. 21
`(3) The notice must-- 22
(a) be in the approved form; and 23
(b) be given within 7 days after the person becoming, or stopping to 24
be, employed by the licensed operator as a licensed key 25
monitoring employee. 26
person's employment 27
`Ending
`72ZY.(1) If a licensed operator becomes aware a person employed by 28
the operator as a licensed key monitoring employee is not a licensed key 29
s 13 41 s 13
Gaming Machine Amendment
monitoring employee, the operator must immediately end the person's 1
employment as a licensed key monitoring employee. 2
Maximum penalty--200 penalty units or 1 year's imprisonment. 3
`(2) Subsection (1) applies despite another Act or law or any award or 4
agreement of an industrial nature. 5
`(3) A licensed operator does not incur any liability because the operator 6
ends the employment of a person under subsection (1). 7
8--Other matters 8
`Division
affidavits about persons having influence or receiving 9
`Disclosure
benefits 10
`72ZZ.(1) This section applies to each of the following affidavits (a 11
"disclosure affidavit")-- 12
(a) an affidavit required by section 72H(3)22 to accompany an 13
application made by a person for an operator's licence; 14
(b) an affidavit required by section 72K23 to be given to the chief 15
executive by an applicant for an operator's licence; 16
(c) an affidavit required by section 72W24 to accompany an 17
application for renewal of an operator's licence made by the 18
licensed operator; 19
(d) an affidavit required by section 72ZU25 to be given to the chief 20
executive by a licensed operator. 21
`(2) In this section, a reference to the responsible body is a reference to 22
each of the following-- 23
(a) a person mentioned in subsection (1)(a); 24
(b) an applicant mentioned in subsection (1)(b); 25
22 Section 72H (Application for licence)
23 Section 72K (Fresh disclosure affidavit by applicant)
24 Section 72W (Renewal of licence--application)
25 Section 72ZU (Fresh disclosure affidavit by licensed operator)
s 13 42 s 13
Gaming Machine Amendment
(c) a licensed operator mentioned in subsection (1)(c) or (d). 1
`(3) The affidavit must be made by-- 2
(a) the principal executive officer of the responsible body; or 3
(b) if the principal executive officer does not have knowledge of the 4
relevant facts--another person who has the knowledge and is 5
authorised by the responsible body to make the affidavit. 6
`(4) The affidavit must disclose the following-- 7
(a) whether or not a person (other than an authorised involved person 8
of the responsible body) may, under an agreement, be able to 9
influence a decision made by the responsible body, or the 10
secretary or an executive officer of the responsible body, about the 11
performance of the general functions that are, or are to be, 12
permitted by the operator's licence; 13
(b) whether or not a person (other than the responsible body) may, 14
under an agreement, expect to receive a benefit from the 15
responsible body because of the performance of the general 16
functions that are, or are to be, permitted by the operator's licence; 17
(c) the names of all persons who are substantial shareholders of the 18
responsible body under the Corporations Law, section 708.26 19
`(5) Also, if there is a person who satisfies a description mentioned in 20
subsection (4)(a) or (b), the affidavit must disclose-- 21
(a) if the person is an individual--the person's name, address and 22
date of birth; and 23
(b) if the person is a body corporate-- 24
(i) the body corporate's name; and 25
(ii) the name, address and date of birth of the secretary and each 26
executive officer of the body corporate; and 27
(c) full and correct particulars of the agreement. 28
`(6) Despite subsections (4) and (5), the affidavit need not disclose 29
anything prescribed under a regulation as being exempt from the operation 30
26 Corporations Law, section 708 (Substantial shareholdings and substantial
shareholders)
s 14 43 s 15
Gaming Machine Amendment
of this section. 1
`(7) In this section-- 2
"agreement" includes a lease or arrangement. 3
"authorised involved person", of a responsible body, means the secretary, 4
or an executive officer, member or shareholder, of the responsible 5
body carrying out the duties, or exercising the normal rights, the 6
person has in that capacity.'. 7
of pt 4 (Licensing of repairers, service contractors and 8
Amendment
machine managers) 9
Clause 14. Part 4, heading, `and machine managers'-- 10
omit, insert-- 11
`, machine managers and key monitoring employees'. 12
of new s 75A 13
Insertion
Clause 15. After section 75-- 14
insert-- 15
persons not to be key monitoring employees 16
`Unlicensed
`75A.(1) A person must not carry out a function of a key monitoring 17
employee unless the person is a licensed key monitoring employee. 18
Maximum penalty--200 penalty units or 1 year's imprisonment. 19
`(2) A licensed operator must not-- 20
(a) employ, or use the services of, a person to carry out a function of 21
a key monitoring employee unless the person is a licensed key 22
monitoring employee; or 23
(b) allocate, or permit to be allocated, to a person the carrying out of 24
any function of a key monitoring employee unless the person is a 25
licensed key monitoring employee. 26
Maximum penalty for subsection (2)--200 penalty units or 1 year's 27
imprisonment.'. 28
s 16 44 s 16
Gaming Machine Amendment
of new s 76A 1
Insertion
Clause 16. After section 76-- 2
insert-- 3
persons must apply for key monitoring employee's licence 4
`Certain
`76A.(1) If the commission, having regard to any relevant advice of the 5
chief executive, considers a person is a key officer of a licensed operator, the 6
commission must, by written notice given to the person, require the person, 7
within 7 days after receiving the notice, either-- 8
(a) to apply for a key monitoring employee's licence; or 9
(b) to stop being a key officer of the operator. 10
`(2) The commission must give a copy of the notice to the licensed 11
operator. 12
`(3) The person to whom the notice is given must, within 7 days after 13
receiving the notice, comply with the requirement (the "licensing 14
requirement") stated in the notice, unless the person has a reasonable 15
excuse. 16
Maximum penalty--200 penalty units or 1 year's imprisonment. 17
`(4) If the person fails to comply with the licensing requirement, the 18
commission must give written notice of the failure to the licensed operator. 19
`(5) The licensed operator must, immediately on receipt of the notice 20
under subsection (4), end the association with, or employment of, the 21
person. 22
Maximum penalty--200 penalty units or 1 year's imprisonment. 23
`(6) If the person complies with the licensing requirement by applying 24
for a key monitoring employee's licence but the commission refuses to 25
grant the application-- 26
(a) on receipt by the person of notice of the refusal--the person must 27
stop being a key officer of the licensed operator; and 28
(b) on receipt by the operator of notice of the refusal--the operator 29
must end the association with, or employment of, the person. 30
Maximum penalty--200 penalty units or 1 year's imprisonment. 31
`(7) Subsections (5) and (6)(b) apply to the licensed operator despite 32
s 17 45 s 20
Gaming Machine Amendment
another Act or law or any award or agreement of an industrial nature. 1
`(8) A licensed operator does not incur any liability because the operator 2
ends an association with, or the employment of, a person under this 3
section.'. 4
of s 77 (Applications for licences under this part) 5
Amendment
Clause 17. Section 77, `or machine manager's licence'-- 6
omit, insert-- 7
`, machine manager's or key monitoring employee's licence'. 8
of s 79 (Consideration of applications) 9
Amendment
Clause 18.(1) Section 79, `or machine manager's licence'-- 10
omit, insert-- 11
`, machine manager's or key monitoring employee's licence'. 12
(2) Section 79(6)(b)-- 13
omit, insert-- 14
`(b) a person ceases to be a licensed repairer, licensed machine 15
manager or licensed key monitoring employee;'. 16
of s 81 (Issue of licences) 17
Amendment
Clause 19. Section 81(2)(b), `or machine manager's licence'-- 18
omit, insert-- 19
`, machine manager's or key monitoring employee's licence'. 20
of s 86 (Renewal and continuance of licences) 21
Amendment
Clause 20. Section 86(2)(b), `or machine manager's licence'-- 22
omit, insert-- 23
`, machine manager's or key monitoring employee's licence'. 24
s 21 46 s 23
Gaming Machine Amendment
of s 88 (Display of repairer's licence) 1
Amendment
Clause 21.(1) Section 88, heading-- 2
omit, insert-- 3
`Display of certain licences'. 4
(2) Section 88-- 5
insert-- 6
`(2) A licensed key monitoring employee carrying out functions as a key 7
monitoring employee must, if asked by another person, produce the key 8
monitoring employee's licence held by the employee for the other person's 9
inspection, unless, at the material time, the licence is in the chief executive's 10
possession. 11
Maximum penalty for subsection (2)--40 penalty units.'. 12
of s 97 (Provisional licences) 13
Amendment
Clause 22. Section 97, `or machine manager's licence'-- 14
omit, insert-- 15
`, machine manager's or key monitoring employee's licence'. 16
of s 98 (Installation and storage of gaming machines) 17
Amendment
Clause 23.(1) Section 98, heading, at the end-- 18
insert-- 19
`by licensees'. 20
(2) Section 98(1), `54 or'-- 21
omit. 22
(3) Section 98-- 23
insert-- 24
`(3) A licensee must not store a gaming machine for more than 1 month 25
without the chief executive's written approval. 26
s 24 47 s 25
Gaming Machine Amendment
Maximum penalty for subsection (3)--200 penalty units or 1 year's 1
imprisonment.'. 2
of new s 98A 3
Insertion
Clause 24. After section 98-- 4
insert-- 5
register of gaming machines 6
`Licensee's
`98A.(1) Each licensee must keep a register listing all gaming machines 7
on the licensee's licensed premises. 8
Maximum penalty--200 penalty units or 1 year's imprisonment. 9
`(2) The register must be in the approved form and must show if each 10
gaming machine-- 11
(a) is owned or leased by the licensee; and 12
(b) is, or is not, connected to an electronic monitoring system.'. 13
of s 101 (Installation of electronic monitoring systems) 14
Amendment
Clause 25.(1) Section 101(1)-- 15
omit, insert-- 16
`101.(1) A licensee must not install or operate, or cause to be installed or 17
operated, an electronic monitoring system or centralised credit system on 18
the licensee's licensed premises-- 19
(a) without the chief executive's written approval; and 20
(b) unless the system is installed by the chief executive or a licensed 21
operator. 22
Maximum penalty--200 penalty units or 1 year's imprisonment.'. 23
(2) Section 101(2) to (5), `director'-- 24
omit, insert-- 25
`chief executive or a licensed operator'. 26
s 26 48 s 28
Gaming Machine Amendment
of new s 101A 1
Insertion
Clause 26. After section 101-- 2
insert-- 3
monitoring fees 4
`Basic
`101A. If a licensed operator supplies basic monitoring services to a 5
licensee, the licensed operator must not charge the licensee more than the 6
basic monitoring fee prescribed under a regulation for supplying basic 7
monitoring services.'. 8
of s 115 (Contracts for certain services to be approved) 9
Amendment
Clause 27. Section 115(2)-- 10
omit, insert-- 11
`(2) Subsection (1) does not apply to-- 12
(a) the employment of an individual by a licensee to carry out, on the 13
licensee's licensed premises, a service mentioned in 14
subsection (1); or 15
(b) an agreement between a licensee and a licensed operator for 16
electronically monitoring the licensee's gaming machines in 17
conjunction with supplying a service mentioned in 18
subsection (1).'. 19
of s 135 (Manufacture, sale, supply obtaining or 20
Amendment
possession of gaming machines) 21
Clause 28. Section 135-- 22
insert-- 23
`(1A) A licensed operator, approved financier, licensee or a gaming 24
trainer may, with the chief executive's written approval, buy a gaming 25
machine from the chief executive or a recognised manufacturer or supplier 26
of gaming machines. 27
`(1B) However, if a gaming machine was last used, or is being used, by 28
a licensee for the conduct of gaming or by a gaming trainer for conducting a 29
genuine training course relating to the conduct of gaming and the owner of 30
s 29 49 s 29
Gaming Machine Amendment
the machine is a licensed operator, approved financier, licensee or a gaming 1
trainer, the operator, financier, licensee or trainer may, with the approval of 2
the chief executive, sell the machine to a licensed operator, approved 3
financier, licensee, licensed service contractor, licensed repairer or gaming 4
trainer. 5
`(1C) The purchase of a gaming machine under subsection (1A) or the 6
sale of a gaming machine under subsection (1B) may be only for the 7
purpose of-- 8
(a) if the buyer is a licensed operator--selling, or owning and leasing, 9
the machine to a licensee for the conduct of gaming or a gaming 10
trainer for conducting a genuine training course relating to the 11
conduct of gaming; or 12
(b) if the buyer is an approved financier--owning and leasing the 13
machine to a licensee for the conduct of gaming or a gaming 14
trainer for conducting a genuine training course relating to the 15
conduct of gaming; or 16
(c) if the buyer is a licensee--owning the machine for the conduct of 17
gaming; or 18
(d) if the buyer is a licensed service contractor or licensed 19
repairer--owning the machine for the purpose of using it for 20
spare parts; or 21
(e) if the buyer is a gaming trainer--owning the machine for 22
conducting a genuine training course relating to the conduct of 23
gaming. 24
`(1D) To remove any doubt, it is declared that a licensee and a gaming 25
trainer cannot lease a gaming machine to another person.'. 26
of s 136 (Possession etc. of gaming machines and 27
Amendment
restricted components by recognised manufacturers or suppliers of 28
gaming machines) 29
Clause 29. Section 136(1)(b)(i)-- 30
omit, insert-- 31
`(i) gaming machines or linked jackpot arrangements to the chief 32
executive or a recognised manufacturer or supplier of 33
s 30 50 s 32
Gaming Machine Amendment
gaming machines; and 1
(ia) gaming machines, with the chief executive's written 2
approval, to a licensed operator, an approved financier, a 3
licensee or a gaming trainer; and'. 4
of s 138 (Possession etc. of gaming machines and 5
Amendment
restricted components by licensed repairers) 6
Clause 30. Section 138(d)-- 7
omit, insert-- 8
`(d) be in possession of a gaming machine or linked jackpot 9
arrangement to the extent necessary to install, repair, remove or 10
reinstate the machine or arrangement; and 11
(e) be in possession of a linked jackpot arrangement, or with the chief 12
executive's written approval, a gaming machine for the purpose 13
of using the arrangement or machine for spare parts.'. 14
of s 139 (Possession etc. of restricted components by 15
Amendment
licensed service contractors) 16
Clause 31. Section 139-- 17
insert-- 18
`(d) be in possession of a gaming machine or linked jackpot 19
arrangement to the extent necessary to install, repair, remove or 20
reinstate the machine or arrangement; and 21
(e) be in possession of a linked jackpot arrangement, or with the chief 22
executive's written approval, a gaming machine, for the purpose 23
of using the arrangement or machine for spare parts.'. 24
of s 140 (Possession etc. of gaming machines and 25
Amendment
restricted components by licensees) 26
Clause 32.(1) Section 140(1)(a), `by the director to the licensee'-- 27
omit, insert-- 28
`to the licensee by the chief executive, a licensed operator or an approved 29
s 33 51 s 34
Gaming Machine Amendment
financier'. 1
(2) Section 140(2)(a), `by the director to the licensee'-- 2
omit, insert-- 3
`to the licensee by the chief executive, a licensed operator or an approved 4
financier'. 5
(3) Section 140(2)(b), `director'-- 6
omit, insert-- 7
`chief executive, a licensed operator or an approved financier'. 8
(4) Section 140(3)-- 9
omit, insert-- 10
`(3) If a licensee's gaming machine licence is suspended, the licensee 11
may, during the suspension, be in possession of gaming machines and 12
restricted components supplied to the licensee under this section.'. 13
of s 141 (Possession etc. of gaming machines etc. by other 14
Amendment
persons) 15
Clause 33.(1) Section 141(3), `person conducting' to `listed person'-- 16
omit, insert-- 17
`gaming trainer'. 18
(2) Section 141(3)(a), `director'-- 19
omit, insert-- 20
`chief executive, a licensed operator or an approved financier'. 21
(3) Section 141(3)(b), `director when providing' to `restricted 22
components'-- 23
omit, insert-- 24
`chief executive'. 25
of new ss 141A to 141D 26
Insertion
Clause 34. After section 141-- 27
s 34 52 s 34
Gaming Machine Amendment
insert-- 1
equipment not to be encumbered 2
`Gaming
`141A.(1) An encumbrance over gaming equipment is of no effect. 3
`(2) Subsection (1) does not apply to an encumbrance given by-- 4
(a) a licensed operator to an approved financier; or 5
(b) a licensee or gaming trainer to a licensed operator or approved 6
financier. 7
of gaming machines 8
`Repossession
`141B. A licensed operator or approved financier must not repossess a 9
gaming machine without first obtaining the chief executive's written 10
approval. 11
Maximum penalty--200 penalty units or 1 year's imprisonment. 12
of gaming machines by operators and financiers 13
`Storage
`141C.(1) Each licensed operator and approved financier must keep all 14
gaming machines in the possession of the operator or financier stored on 15
premises, and in a way, approved by the chief executive. 16
`(2) A licensed operator must not store a gaming machine for more than 17
1 year without the chief executive's written approval. 18
Maximum penalty for subsection (2)--200 penalty units or 1 year's 19
imprisonment. 20
`(3) An approved financier must not store a gaming machine for more 21
than 1 month without the chief executive's written approval. 22
Maximum penalty for subsection (3)--200 penalty units or 1 year's 23
imprisonment. 24
`(4) The chief executive may, within the period mentioned in 25
subsection (2) or (3), extend the period. 26
s 35 53 s 36
Gaming Machine Amendment
and financier's registers of gaming machines 1
`Operator's
`141D.(1) Each licensed operator and approved financier must keep a 2
register listing all gaming machines owned, leased or monitored by the 3
operator or owned or leased by the financier. 4
Maximum penalty--200 penalty units or 1 year's imprisonment. 5
`(2) The register must be in the approved form and must show if a 6
gaming machine-- 7
(a) is owned, leased or monitored by the operator or is owned or 8
leased by the financier; and 9
(b) is, or is not, connected to an electronic monitoring system.'. 10
of s 142 (Consignment or movement of gaming 11
Amendment
machines) 12
Clause 35.(1) Section 142(1), `7 days'-- 13
omit, insert-- 14
`3 days'. 15
(2) Section 142(2)(b), `, game'-- 16
omit. 17
of new s 142A 18
Insertion
Clause 36. After section 142-- 19
insert-- 20
of gaming machines 21
`Destruction
`142A. A licensed operator, approved financier, licensee or gaming 22
trainer must not, without the chief executive's written approval, destroy a 23
gaming machine. 24
Maximum penalty for subsection--200 penalty units or 1 year's 25
imprisonment.'. 26
s 37 54 s 38
Gaming Machine Amendment
of s 148 (Gaming machines supplied to be in accordance 1
Replacement
with approval) 2
Clause 37. Section 148-- 3
omit, insert-- 4
machines supplied to be in accordance with approval 5
`Gaming
`148. A recognised manufacturer or supplier of gaming machines must 6
not, without the approval of the chief executive, supply a gaming machine 7
that is in any material particular different from the gaming machine type or 8
game approved by the chief executive. 9
Maximum penalty--200 penalty units or 1 year's imprisonment.'. 10
s 149 (Linked jackpots) 11
Amendment
Clause 38. Section 149(6) to (10)-- 12
omit, insert-- 13
`(6) The licensed operator for a multiple site linked jackpot arrangement 14
must not allow the arrangement to operate in licensed premises until the 15
operator has established an approved trust account for the arrangement. 16
`(7) In each assessment period for licensed premises, the licensed 17
operator must pay into the approved trust account all multiple site jackpot 18
increments for the arrangement for the previous assessment period. 19
`(8) If the arrangement stops operating and the approved trust account 20
still contains an amount, the licensed operator must send the amount to the 21
chief executive, for payment into the consolidated fund, within 7 days after 22
the day the account stops operating. 23
`(9) In this section-- 24
"approved trust account" means an account-- 25
(a) established with a financial institution for the purpose of holding 26
multiple site jackpot increments; and 27
(b) approved by the chief executive.'. 28
s 39 55 s 42
Gaming Machine Amendment
of s 150 (Gaming machines to be labelled with director's 1
Amendment
identification number) 2
Clause 39.(1) Section 150(1), `purchased by the director'-- 3
omit. 4
(2) Section 150-- 5
insert-- 6
`(5) A licensee must not allow a gaming machine to be used for the 7
conduct of gaming on the licensee's premises unless a label mentioned in 8
subsection (3) is securely affixed to the machine. 9
Maximum penalty for subsection (5)--200 penalty units or 1 year's 10
imprisonment.'. 11
of s 158 (Accounts and analyses) 12
Amendment
Clause 40.(1) Section 158-- 13
insert-- 14
`(1A) A licensed operator must keep, in the approved form, accounting 15
records that correctly record and explain the operator's financial operations 16
relating to gaming and the conduct of gaming.'. 17
(2) Section 158(2), after `licensee'-- 18
insert-- 19
`or licensed monitoring operator'. 20
of s 161 (Audit of accounts) 21
Amendment
Clause 41. Section 161, heading-- 22
omit, insert-- 23
`Audit of accounts of licensee'. 24
of new s 161A 25
Insertion
Clause 42. After section 161-- 26
s 43 56 s 43
Gaming Machine Amendment
insert-- 1
of accounts of licensed operators 2
`Audit
`161A.(1) As soon as practicable after the end of each financial year, a 3
licensed operator must, at the operator's own expense, cause the operator's 4
books, accounts and financial statements for the operator's operations 5
relating to gaming and the conduct of gaming for the financial year to be 6
audited by a registered company auditor approved by the chief executive. 7
Maximum penalty--200 penalty units or 1 year's imprisonment. 8
`(2) The auditor must-- 9
(a) complete the audit within 3 months after the end of the financial 10
year; and 11
(b) immediately after completing the audit, give a copy of the audit 12
report to the licensed operator and chief executive. 13
Maximum penalty--200 penalty units or 1 year's imprisonment. 14
`(3) Subsection (2)(a) does not apply to the auditor if, in the 15
circumstances, it would be unreasonable to require the auditor to comply 16
with the paragraph. 17
`(4) On receiving a copy of the audit report, the chief executive may, by 18
written notice given to the licensed operator, require the operator to give the 19
chief executive, within a reasonable time stated in the notice, further 20
information about a matter relating to the operator's operations mentioned in 21
the audit report. 22
`(5) The licensed operator must comply with a requirement under 23
subsection (4) within the time stated in the notice, unless the operator has a 24
reasonable excuse. 25
Maximum penalty for subsection (5)--200 penalty units or 1 year's 26
imprisonment.'. 27
of s 163 (Gross monthly turnover) 28
Amendment
Clause 43.(1) Section 163, heading-- 29
omit, insert-- 30
s 44 57 s 46
Gaming Machine Amendment
`Monthly taxable metered win'. 1
(2) Section 163(1), `gross monthly turnover'-- 2
omit, insert-- 3
`monthly taxable metered win'. 4
(3) Section 163(2), `by the director under section 101(2)'-- 5
omit. 6
of s 164 (Monthly rental fees) 7
Replacement
Clause 44. Section 164-- 8
omit, insert-- 9
fees 10
`Monthly
`164.(1) A licensee must pay monthly fees to the chief executive for 11
gaming machines used in the licensee's licensed premises. 12
`(2) The monthly fees must be paid on or before the day, prescribed 13
under a regulation, of the month next following the month for which it is 14
payable. 15
`(3) The amount of monthly fees to be paid for each licensed premises is 16
to be calculated as prescribed under a regulation.'. 17
of s 165 (Gaming machine tax) 18
Amendment
Clause 45. Section 165(3), `gross monthly turnover'-- 19
omit, insert-- 20
`monthly taxable metered win'. 21
of s 166 (Sport and recreation levy) 22
Amendment
Clause 46.(1) Section 166, heading `levy'-- 23
omit, insert-- 24
`benefit fund'. 25
s 47 58 s 49
Gaming Machine Amendment
(2) Section 166(1) to (3)-- 1
omit. 2
of s 167 (Charities and rehabilitation levy) 3
Amendment
Clause 47.(1) Section 167, heading `levy'-- 4
omit, insert-- 5
`benefit fund'. 6
(2) Section 167(1) to (3)-- 7
omit. 8
of s 168 (Gaming machine community benefit levy) 9
Amendment
Clause 48.(1) Section 168, heading `levy'-- 10
omit, insert-- 11
`fund'. 12
(2) Section 168(1) to (4)-- 13
omit. 14
(3) Section 168(5)-- 15
renumber as section 168(1). 16
(4) Section 168-- 17
insert-- 18
`(2) Each month, the chief executive must pay into the fund a percentage 19
of all gaming machine tax for the previous month paid to the chief executive 20
by all licensees. 21
`(3) The percentage mentioned in subsection (2) is the percentage 22
prescribed under a regulation.'. 23
of s 170 (Payment of monthly rental fees, taxes etc.) 24
Amendment
Clause 49.(1) Section 170, heading `rental'-- 25
omit. 26
s 50 59 s 51
Gaming Machine Amendment
(2) Section 170(1)(a)-- 1
omit, insert-- 2
`(a) the monthly fees and gaming tax; and'. 3
(3) Section 170(1)(c)-- 4
omit, insert-- 5
`(c) any monthly fees, gaming tax or penalty payable and remaining 6
unpaid at the end of the day, prescribed under a regulation, of the 7
preceding month.'. 8
(4) Section 170(2), `rental fee' to `benefit levy'-- 9
omit, insert-- 10
`fees, gaming machine tax'. 11
of s 172 (Forgiven or overpaid money) 12
Amendment
Clause 50. Section 172, `rental'-- 13
omit, insert-- 14
`fee'. 15
of s 174 (Disposition of fees etc.) 16
Amendment
Clause 51.(1) Section 174(2), `rental fee' to `benefit levy'-- 17
omit, insert-- 18
`fee, gaming machine tax'. 19
(2) Section 174(3)-- 20
omit, insert-- 21
`(3) A payment mentioned in subsection (2) must, as soon as practicable 22
after the licensee receives a financial statement under section 173(1)(a), be 23
withdrawn from the account mentioned in subsection (2) and the part of the 24
payment assessed by the chief executive as the monthly fees, gaming tax or 25
a penalty under section 171, must be paid by the chief executive into the 26
consolidated fund.'. 27
s 52 60 s 53
Gaming Machine Amendment
of s 175 (Adjustment of rental fees etc. in certain 1
Amendment
circumstances) 2
Clause 52.(1) Section 175, heading `rental'-- 3
omit, insert-- 4
`monthly'. 5
(2) Section 175, `gross monthly turnover'-- 6
omit, insert-- 7
`monthly taxable metered win'. 8
(3) Section 175, `rental fee' to `benefit levy'-- 9
omit, insert-- 10
`fees, gaming machine tax'. 11
(4) Section 175, `of the turnover'-- 12
omit. 13
(5) Section 175, `of the fee, tax, levy or penalty'-- 14
omit. 15
(6) Section 175, `rental fee' to `rehabilitation levy'-- 16
omit, insert-- 17
`fees, gaming machine tax'. 18
of s 176 (Recovery of rental fees, taxes and levies) 19
Amendment
Clause 53.(1) Section 176, heading `rental fees, taxes and levies'-- 20
omit, insert-- 21
`fees and taxes'. 22
(2) Section 176(1), `rental fee' to `benefit levy'-- 23
omit, insert-- 24
`fees, gaming machine tax'. 25
s 54 61 s 56
Gaming Machine Amendment
of s 177 (Offences relating to revenue) 1
Amendment
Clause 54.(1) Section 177(1)(a), `rental fee' to `benefit levy'-- 2
omit, insert-- 3
`fees or gaming machine tax'. 4
(2) Section 177(1)(c)-- 5
omit. 6
of s 180 (Directions to licensees) 7
Amendment
Clause 55.(1) Section 180, heading, after `licensees'-- 8
insert-- 9
`and licensed operators'. 10
(2) Section 180(1)-- 11
omit, insert-- 12
`180.(1) The commission or chief executive may, by written notice, give 13
directions to-- 14
(a) a licensee about the conduct of gaming or the administration of 15
the licensee's licensed premises; and 16
(b) a licensed operator about the conduct of gaming or supplying 17
basic monitoring services to a licensee.'. 18
(3) Section 180(2), `The licensee'-- 19
omit, insert-- 20
`A licensee or licensed operator to whom a notice is given'. 21
(4) Section 180(3), after `licensee'-- 22
insert-- 23
`or licensed operator'. 24
of s 186 (Certain persons not to play gaming machines) 25
Amendment
Clause 56.(1) Section 186-- 26
s 57 62 s 58
Gaming Machine Amendment
insert-- 1
`(2A) A licensed key monitoring employee must not play gaming 2
machines installed on licensed premises that are connected to an electronic 3
monitoring system operated by the licensed operator for whom the 4
employee is a licensed key monitoring employee. 5
Maximum penalty--40 penalty units. 6
`(2B) A former employee must not, for 30 days after becoming a former 7
employee, play gaming machines installed on licensed premises that are 8
connected to an electronic monitoring system operated by the licensed 9
operator for whom the person was a licensed key monitoring employee 10
when the person became a former employee. 11
Maximum penalty--40 penalty units.'. 12
(2) Section 186-- 13
insert-- 14
`(4) In this section-- 15
"former employee" means a person who was a licensed key monitoring 16
employee.'. 17
of s 189 (Restriction on certain agreements) 18
Amendment
Clause 57. Section 189(6)-- 19
omit, insert-- 20
`(6) This section does not apply to an agreement between a licensee and a 21
licensed operator for electronically monitoring the licensee's gaming 22
machines in conjunction with supplying other services.'. 23
of s 212 (Disclosure of criminal history) 24
Amendment
Clause 58. Section 212(c), after `part 3'-- 25
insert-- 26
`, 3A'. 27
s 59 63 s 60
Gaming Machine Amendment
of s 215 (Regulation making power) 1
Amendment
Clause 59. Section 215(2)(p)-- 2
omit, insert-- 3
`(p) supplying gaming equipment; and'. 4
of new s 217 and pt 11 5
Insertion
Clause 60. After section 216-- 6
insert-- 7
of chief executive may be conditional 8
`Approval
`217. Any approval of the chief executive under this Act may be subject 9
to conditions. 10
`PART 11--TRANSITIONALS 11
executive to supply gaming machines etc. until there is a 12
`Chief
licensed operator 13
`218.(1) This section applies only until a person becomes the holder of an 14
operator's licence. 15
`(2) Subject to subsections (4) and (5) and section 57, the chief executive 16
must supply to a licensee the number or increased number of gaming 17
machines decided under section 40(12) or 56(5). 18
`(3) The gaming machine type, game, gaming token denomination and 19
betting unit of a gaming machine supplied under subsection (2) are to be as 20
the chief executive decides. 21
`(4) If at any time a sufficient number of gaming machines is not 22
available to enable the chief executive to comply with subsection (2), the 23
chief executive may supply to a licensee a number less than the number 24
decided. 25
`(5) The chief executive must supply the balance of the gaming machines 26
s 60 64 s 60
Gaming Machine Amendment
as soon as possible after a sufficient number of gaming machines becomes 1
available. 2
machine tax for June 1997 3
`Gaming
`219. To remove any doubt, it is declared that any monthly rental fees, 4
gaming machine tax and gaming machine community benefit levies that 5
would have been payable for the month of June 1997 if the Gaming 6
Machine Amendment Act 1997 had not commenced together with any 7
penalties payable in relation to the late payment of the fees, tax or levies are 8
payable as if the Gaming Machine Amendment Act 1997 had not 9
commenced. 10
of certain amounts outstanding at 30 June 1997 11
`Recovery
`220.(1) Section 176, as in force immediately before the Gaming 12
Machine Amendment Act 1997 commenced, applies to monthly rental fees, 13
gaming machine tax and levies payable for a period before 1 July 1997 and 14
remaining unpaid after 30 June 1997. 15
`(2) Also, section 176, as in force immediately before the Gaming 16
Machine Amendment Act 1997 commenced, applies to a penalty payable in 17
relation to a fee, tax or levy mentioned in subsection (1). 18
of certain amounts received after 30 June 1997 19
`Payment
`221. Despite section 174-- 20
(a) any money received after 30 June 1997 for monthly rental fees, 21
gaming machine tax or levies payable before 1 June 1997, 22
together with any penalties payable in relation to the late payment 23
of the fees, tax or levies, is to be taken to be gaming machine tax 24
and must be paid into the consolidated fund; and 25
(b) any money received after 31 July 1997 for monthly rental fees, 26
gaming machine tax or levies payable for the month of June 27
1997, together with any penalties payable in relation to the late 28
payment of the fees, tax or levies, is to be taken to be gaming 29
machine tax and must be paid into the consolidated fund. 30
s 61 65 s 61
Gaming Machine Amendment
and officers of the division 1
`Inspectors
`222. To remove any doubt, it is declared that a person who was an 2
inspector or an officer of the division under this Act immediately before the 3
commencement of the Gaming Machine Amendment Act 1997, is taken to 4
be an inspector or officer of the division appointed under this Act after the 5
commencement.'. 6
about chief executive 7
Amendments
Clause 61. The provisions of this Act mentioned in the schedule are amended as 8
set out in the schedule. 9
10
66
Gaming Machine Amendment
SCHEDULE 1
¡
EPLACEMENT OF REFERENCES TO DIRECTOR 2
R
section 61 3
1. In the following sections, `director'-- 4
omit, insert-- 5
`chief executive'-- 6
· section 5 7
· section 24(2), (4) and (6) 8
· section 25(1) 9
· section 29(4) and (5) 10
· section 35(3) 11
· section 36(1), (2) and (4) 12
· section 38(1) 13
· section 39(3)(g), (m) and (n) 14
· section 40(1), (2), (3), (5), (7), (8), (12) and (14) 15
· section 42(1) and (2) 16
· section 43(1) 17
· section 44(1), (3) and (5) 18
· section 45 19
· section 49(2), (4) and (5) 20
· section 50(1) and (2) 21
· section 51(1), (2), (3), (5) and (6) 22
· section 53(1), (2) and(3) 23
· section 55 (heading), (1), (2), (3) and (4) 24
67
Gaming Machine Amendment
SCHEDULE (continued)
· section 56(1), (2), (3), (4), (7) and (9) 1
· section 57(2), (3), (4) and (5) 2
· section 58(1), (4), (6), (7) and (9) 3
· section 59(1) and (2) 4
· section 60(1) and (2) 5
· section 61 6
· section 62(1), (3), (5) and (6) 7
· section 64(1), (3), (5), (6), (7), (8), (9), (12), (13), (15) and (16) 8
· section 65(1), (2) and (4) 9
· section 66 10
· section 74(1) 11
· section 75(4) and (6) 12
· section 76(1) 13
· section 77(1)(e), (h), (i) and (2) 14
· section 78(1) and (2) 15
· section 79(1), (2), (3) and (4) 16
· section 80(1) and (2) 17
· section 81(1) 18
· section 85(2), (4) and (5) 19
· section 86(1), (2), (3), (5) and (6) 20
· section 88 21
· section 89(1) and (2) 22
· section 90(1), (2) and (3) 23
· section 91 24
· section 92(2), (3), (4), (5), (6), (7), (9) and (10) 25
· section 93(1) 26
68
Gaming Machine Amendment
SCHEDULE (continued)
· section 94(1), (3), (5), (6), (7), (8), (9), (12), (13), (15) and (16) 1
· section 95(1), (2) and (4) 2
· section 96 3
· section 97(3) 4
· section 98(2) 5
· section 100(4) 6
· section 102(1) 7
· section 104(3) 8
· section 108(3), (4) and (6) 9
· section 111(3) and (4) 10
· section 116(2) 11
· section 130(1) and (2) 12
· section 131(1), (2), (3) and (4) 13
· section 132(1), (2) and (3) 14
· section 133(1), (2) and (3) 15
· section 134(1), (2) and (4) 16
· section 136(2), (3) and (4) 17
· section 137(2) 18
· section 141(5) 19
· section 142(1) 20
· section 143(1) and (3) 21
· section 144(1), (2) and (3) 22
· section 145(1), (3), (4), (5), (7), (8) and (12) 23
· section 146 (heading), (1), (3) and (4) 24
· section 147(1) 25
· section 149(1), (2), (4) and (11) 26
69
Gaming Machine Amendment
SCHEDULE (continued)
· section 150(1), (2), (3) and (4) 1
· section 151(2) and (3) 2
· section 152(1) and (2) 3
· section 153(2), (3), (4) and (5) 4
· section 155(1) 5
· section 156(2) 6
· section 159(1) 7
· section 161(1), (3), (4) and (5) 8
· section 163(1), (2)(a) and (b) 9
· section 165(1) 10
· section 170(1), (2) and (3) 11
· section 171(1) and (3) 12
· section 172 13
· section 173 (heading), (1) and (2) 14
· section 174(1) and (3) 15
· section 177(1) and (2) 16
· section 180(2) 17
· section 181(1)(k) 18
· section 183(1), (2) and (3) 19
· section 184(1), (2), (3), (4), (7), (8), (9) and (11) 20
· section 187(1) and (2) 21
· section 188 22
· section 190(1), (2) and (3) 23
· section 195(1) and (2) 24
· section 206(2) 25
· section 207(2) 26
70
Gaming Machine Amendment
SCHEDULE (continued)
· section 208 1
· section 211(d) 2
· section 213 3
· section 214(1) and (2) 4
2. Section 3, definitions "chief executive", "deputy director" and 5
"director"-- 6
omit. 7
3. Section 3 (definition "financial year"), 39(3)(c)(ii), 77(1)(c)(ii), `where 8
the director'-- 9
omit, insert-- 10
`if the chief executive'. 11
4. Section 21(1) and (2), `director is to'-- 12
omit, insert-- 13
`chief executive must'. 14
5. Section 26-- 15
omit, insert-- 16
`Inspectors 17
`26.(1) The chief executive may appoint public service officers as 18
inspectors for the purposes of this Act. 19
`(2) The chief executive is an inspector for the purposes of this Act.'. 20
71
Gaming Machine Amendment
SCHEDULE (continued)
6. Section 29(2), `the director, deputy director, an inspector or any 1
other appointed'-- 2
omit, insert-- 3
`an'. 4
7. Section 29(6), 40(4), 53 (heading), 57(1), 58(5), 60(3), 62(4), 75(7), 5
94(11), 104(5), 150 (heading), 175, 184(10), `director's'-- 6
omit, insert-- 7
`chief executive's'. 8
8. Sections 31 to 33-- 9
omit, insert-- 10
`Delegation by chief executive 11
`31. Before making a delegation under this Act to a person who is not an 12
officer of the division, the chief executive must make the necessary inquiries 13
to ensure the person is of good repute.'. 14
9. Section 34(1), `the director and other'-- 15
omit. 16
10. Section 37-- 17
omit. 18
11. Section 39(3)(c)(ii), 64(11), 77(1)(c)(ii), 94(11), 184(10), `as the 19
director'-- 20
omit, insert-- 21
`as the chief executive' 22
72
Gaming Machine Amendment
SCHEDULE (continued)
12. Section 40(4) and (6), 46(1), 64(2), (10) and (11), 80(3), 82(1), 94(2), 1
(10) and (11), 104(4), 143(2) and (4), 145(2), 146(2), 175, 184(10), 2
`Where the director'-- 3
omit, insert-- 4
`If the chief executive'. 5
13. Section 40(4) and (6), 46(1), 64(2), (10) and (11), 80(3), 82(1), 94(2), 6
(10) and (11), 104(4), 145(2), 175, 184(10), `, the director' 7
omit, insert-- 8
`, the chief executive'. 9
14. Section 50(4), `director, with the approval of the'-- 10
omit. 11
15. Section 99(1)(a), `director'-- 12
omit, insert-- 13
`chief executive, a licensed operator or an approved financier'. 14
16. Section 141(4), `director, deputy director'-- 15
omit, insert-- 16
`chief executive'. 17
17. Section 146(2), `the director must,'-- 18
omit, insert-- 19
`, the chief executive must,'. 20
73
Gaming Machine Amendment
SCHEDULE (continued)
18. Section 175, `which the director'-- 1
omit, insert-- 2
`which the chief executive'. 3
19. Section 176(2), `director, with the approval of the'-- 4
omit. 5
20. Section 191(1), `, chief executive or director'-- 6
omit, insert-- 7
`or chief executive'. 8
21. Section 204, 211 `the director,'-- 9
omit. 10
11
© State of Queensland 1997
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