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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Gambling and Other
Legislation Amendment Bill
2009
Queensland
Gambling and Other Legislation
Amendment Bill 2009
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Part 2 Amendment of Casino Control Act 1982
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Insertion of new s 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
17 Commissioner of police service to notify changes in
criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5 Amendment of s 62A (Gaming equipment outside of casino) . . . 11
6 Amendment of s 63 (Casino games) . . . . . . . . . . . . . . . . . . . . . . 12
7 Amendment of s 65 (Obligation of casino operator in relation to
conduct of games) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
8 Amendment of s 67 (Deposit advance accounts). . . . . . . . . . . . . 13
9 Amendment of s 71A (Unclaimed winnings and prizes). . . . . . . . 14
10 Insertion of new s 100E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
100E Distributing promotional or advertising material about
a casino . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
11 Amendment of s 102 (Provisions relating to minors in respect of
casinos) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
12 Amendment of s 127 (Regulation-making power) . . . . . . . . . . . . 14
13 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 15
Part 3 Amendment of Charitable and Non-Profit Gaming Act 1999
14 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
15 Amendment of s 39 (Who may apply for category 3 gaming
licence) ........................................ 15
16 Amendment of s 72 (General gaming rules) . . . . . . . . . . . . . . . . 16
17 Amendment of s 186 (Regulation-making power) . . . . . . . . . . . . 16
Gambling and Other Legislation Amendment Bill 2009
Contents
Part 4 Amendment of Gaming Machine Act 1991
Division 1 Preliminary
18 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 2 General amendments
19 Amendment of s 32 (Appeals to commission) . . . . . . . . . . . . . . . 17
20 Insertion of new s 53A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
53A Commissioner of police service to notify changes in
criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
21 Amendment of s 55H (Limit on category 2 gaming machine
licences for clubs). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
22 Amendment of s 56A (Application for gaming machine licence
for new premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
23 Insertion of new s 56B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
56B Application for gaming machine licence for
replacement category 2 licensed premises . . . . . . . . 19
24 Amendment of s 57 (Recommendation by chief executive about
application for gaming machine licence) . . . . . . . . . . . . . . . . . . . 21
25 Amendment of s 59 (Particulars to be fixed on grant of gaming
machine licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
26 Amendment of s 61 (Application for additional licensed premises) 23
27 Amendment of s 68 (Issue of gaming machine licences generally) 23
28 Amendment of s 71A (Replacement of gaming machine licence
for particular changes) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
29 Amendment of s 78 (Certain applications under Liquor Act 1992
subject to chief executive's certificate) . . . . . . . . . . . . . . . . . . . . . 24
30 Insertion of new s 78A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
78A Liquor licence transfer application, and additional
premises application, for premises . . . . . . . . . . . . . . . 25
31 Insertion of new s 80C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
80C Restriction on installation and operation of gaming
machines for category 2 licensee. . . . . . . . . . . . . . . . 27
32 Amendment of s 83 (Decision on increase application) . . . . . . . . 27
33 Amendment of s 86 (Proposals to decrease approved number of
gaming machines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
34 Amendment of s 87 (Decision on decrease proposal) . . . . . . . . . 28
35 Amendment of s 91A (Ceasing gaming at licensed premises). . . 29
36 Amendment of s 95 (Surrender of gaming machine licences) . . . 30
37 Amendment of s 95A (Surrender of gaming machine licence
being replaced). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
38 Insertion of new s 95B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
Page 2
Gambling and Other Legislation Amendment Bill 2009
Contents
95B Surrender of gaming machine licence being
replaced--category 2 licensed premises . . . . . . . . . . 32
39 Amendment of s 97 (Cancellation or suspension of gaming
machine licences and letters of censure) . . . . . . . . . . . . . . . . . . . 32
40 Amendment of s 109C (Purchase of operating authority at
authorised sale) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
41 Insertion of new pt 3B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Part 3B Entitlements for category 2 licensed premises
Division 1 Preliminary
109J Limit on number of entitlements . . . . . . . . . . . . . . . . . 33
109K Entitlements are transferable . . . . . . . . . . . . . . . . . . . 33
Division 2 Permanent transfer of entitlements
109L Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
109M Application for approval . . . . . . . . . . . . . . . . . . . . . . . 34
109N Requirement about consideration for the transfer . . . 35
109O Requirements about transferor licensed premises . . . 36
109P Requirements about transferee licensed premises . . 36
109Q Variation of terms of transfer . . . . . . . . . . . . . . . . . . . 37
109R Issuing replacement gaming machine licence to show
endorsed number of entitlements . . . . . . . . . . . . . . . . 38
Division 3 Temporary transfer of entitlements
109S Definitions for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
109T Application for approval . . . . . . . . . . . . . . . . . . . . . . . 39
109U Requirements about transfer period and
consideration for the transfer . . . . . . . . . . . . . . . . . . . 40
109V Requirements about transferor licensed premises . . . 41
109W Requirements about transferee licensed premises . . 42
109X Variation of terms of transfer . . . . . . . . . . . . . . . . . . . 43
109Y Issuing replacement gaming machine licence . . . . . . 44
109Z Register of transferred entitlements . . . . . . . . . . . . . . 44
Division 4 Entitlements of the State
109ZA When entitlement becomes entitlement of the State 45
109ZB Compensation is not payable . . . . . . . . . . . . . . . . . . . 46
109ZC Sale of entitlement of the State . . . . . . . . . . . . . . . . . 46
109ZD Purchase of entitlement at authorised entitlements
sale ................................. 47
109ZE Dealing with amount received on sale of entitlement
of the State . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Page 3
Gambling and Other Legislation Amendment Bill 2009
Contents
Division 5 Miscellaneous
109ZF Entitlement not to be encumbered . . . . . . . . . . . . . . . 48
109ZG Change in endorsed number of entitlements for
licensed premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
109ZH Decrease in, or end of, temporary transfer of
entitlements ............................ 49
109ZI Effect of appointment of controller . . . . . . . . . . . . . . . 50
109ZJ Review of provisions relating to entitlements . . . . . . . 51
42 Amendment of s 189 (Licensing requirements for carrying out
gaming duties on licensed premises) . . . . . . . . . . . . . . . . . . . . . . 51
43 Insertion of new s 189A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
189A Requirement to hold current responsible service of
gambling course certificate. . . . . . . . . . . . . . . . . . . . . 51
44 Insertion of new s 261L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
261L Distributing promotional or advertising material about
licensed premises. . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
45 Amendment of s 322 (Disposition of fees etc.). . . . . . . . . . . . . . . 53
46 Insertion of new pt 10A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Part 10A Approved responsible service of gambling
course
Division 1 Preliminary
337A Definition for pt 10A . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 2 Approval of course and trainer
337B Approval of responsible service of gambling course . 54
337C Applying for approval as trainer . . . . . . . . . . . . . . . . . 55
337D Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 55
337E Grant of application . . . . . . . . . . . . . . . . . . . . . . . . . . 56
337F Refusal to grant application . . . . . . . . . . . . . . . . . . . . 56
Division 3 Renewal of approvals
337G Applying for renewal . . . . . . . . . . . . . . . . . . . . . . . . . . 56
337H Deciding application . . . . . . . . . . . . . . . . . . . . . . . . . . 57
337I Renewal of approval . . . . . . . . . . . . . . . . . . . . . . . . . . 57
337J Refusal to renew approval . . . . . . . . . . . . . . . . . . . . . 57
337K Approval continues pending decision about renewal . 58
Division 4 Lapsing of applications
337L Lapsing of application. . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 5 Cancellation of approvals
337M Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . 59
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Gambling and Other Legislation Amendment Bill 2009
Contents
337N Procedure for cancellation . . . . . . . . . . . . . . . . . . . . . 59
47 Amendment of s 366 (Regulation-making power) . . . . . . . . . . . . 60
48 Insertion of new pt 12, div 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 14 Provisions for Gambling and Other Legislation
Amendment Act 2009
447 Definitions for div 14 . . . . . . . . . . . . . . . . . . . . . . . . . . 61
448 Allocation of entitlements on commencement day . . . 61
449 Allocation of entitlements after commencement day . 62
450 Replacement of gaming machine licence. . . . . . . . . . 62
451 Information for replacement gaming machine licence 63
452 Transfer of entitlements allocated under s 448 or 449 63
453 Application of s 80A to category 2 licences granted
between 16 April 2008 and commencement day . . . . 63
454 Application of s 85AA if approval under s 83 granted
between 16 April 2008 and commencement . . . . . . . 64
455 Requirements about transferor licensed
premises--s 109T ...................... 64
456 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 64
457 Transitional provision for s 189A. . . . . . . . . . . . . . . . . 65
458 Extension of transitional arrangement for s 189A. . . . 65
49 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 67
Division 3 Amendment relating to the tribunal
50 Amendment of s 29 (Who may apply for a review by tribunal) . . . 69
Part 5 Amendment of Interactive Gambling (Player Protection) Act
1998
51 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
52 Amendment of s 120 (Rules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
53 Insertion of new s 120A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
120A Rules to be made available etc. . . . . . . . . . . . . . . . . . 70
54 Insertion of new s 137L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
137L Distributing promotional or advertising material about
authorised games. . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Part 6 Amendment of Keno Act 1996
55 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
56 Amendment of s 138 (Keno rules) . . . . . . . . . . . . . . . . . . . . . . . . 71
57 Insertion of new s 138A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
138A Rules to be made available etc. . . . . . . . . . . . . . . . . . 72
58 Amendment of s 147 (Deposit advance accounts). . . . . . . . . . . . 72
Page 5
Gambling and Other Legislation Amendment Bill 2009
Contents
59 Insertion of new s 154M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
154M Distributing promotional or advertising material about
approved place of operation . . . . . . . . . . . . . . . . . . . . 73
60 Amendment of s 165 (Keno gaming by minors) . . . . . . . . . . . . . . 73
61 Amendment of s 166 (Allowing minors to take part in keno
gaming) ................................... 73
62 Insertion of new s 240A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
240A Commissioner of police service to notify changes in
criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
63 Amendment of s 243 (Regulation-making power) . . . . . . . . . . . . 74
64 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 75
Part 7 Amendment of Liquor Act 1992
65 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
66 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 75
67 Omission of s 4D (Notes in text). . . . . . . . . . . . . . . . . . . . . . . . . . 75
68 Amendment of s 9 (Ordinary trading hours) . . . . . . . . . . . . . . . . . 75
69 Amendment of s 21 (Jurisdiction and powers of tribunal). . . . . . . 76
70 Amendment of s 78 (Restrictions on grant of community club
licence) ........................................ 76
71 Amendment of s 84 (Authority of extended trading hours
approval) ...................................... 76
72 Insertion of new s 88 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
88 Review of operation of extended trading hours
approval ............................... 77
73 Relocation and renumbering of pt 4, div 15 . . . . . . . . . . . . . . . . . 77
74 Amendment of s 103I (Hours to which application may relate etc.) 77
75 Amendment of s 103J (Restriction on number of extended
trading hours permits for particular premises) . . . . . . . . . . . . . . . 77
76 Amendment of s 103K (Restriction on grant of restricted liquor
permit and other related matters) . . . . . . . . . . . . . . . . . . . . . . . . . 78
77 Amendment of s 106 (Who may apply for licence or permit) . . . . 78
78 Amendment of s 129 (Applications to continue trading in certain
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
79 Amendment of s 136 (Grounds for disciplinary action) . . . . . . . . 78
80 Amendment of s 141 (Order to close premises for unlawful
trading) ....................................... 79
81 Amendment of s 142AA (Application of div 5) . . . . . . . . . . . . . . . 79
82 Amendment of s 155 (Minors on premises) . . . . . . . . . . . . . . . . . 79
Page 6
Gambling and Other Legislation Amendment Bill 2009
Contents
83 Amendment of s 155AD (Who must be present or reasonably
available at licensed premises etc.) . . . . . . . . . . . . . . . . . . . . . . . 79
84 Insertion of new s 209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
209 Payment of fees by instalments . . . . . . . . . . . . . . . . . 81
85 Insertion of new pt 12, div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
Division 10 Transitional provisions for Gambling and Other
Legislation Amendment Act 2009
297 Definitions for div 10 . . . . . . . . . . . . . . . . . . . . . . . . . . 82
298 Existing permit for trading on a regular basis between
12 midnight and 5a.m. . . . . . . . . . . . . . . . . . . . . . . . . 82
Part 8 Amendment of Lotteries Act 1997
86 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
87 Insertion of new s 7A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
7A Approval to conduct approved lottery in another State
or foreign country . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
88 Amendment of s 121 (Rules) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
89 Amendment of s 121A (Rules to be made available) . . . . . . . . . . 84
90 Omission of s 126 (Price of lottery tickets) . . . . . . . . . . . . . . . . . . 85
91 Amendment of s 149 (Participation by minors prohibited) . . . . . . 85
92 Insertion of new s 225A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
225A Commissioner of police service to notify changes in
criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
93 Amendment of s 228 (Regulation-making power) . . . . . . . . . . . . 86
94 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 87
Part 9 Amendment of Racing Act 2002
95 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
96 Amendment of s 113A (Definitions for pt 6) . . . . . . . . . . . . . . . . . 87
97 Insertion of new ss 113EA-113EC. . . . . . . . . . . . . . . . . . . . . . . . 87
113EA Standard condition of race information authority . . . . 87
113EB Use of documents or information by control body . . . 88
113EC Effect of providing documents or information about
wagering activity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
98 Amendment of s 334 (Types of offences) . . . . . . . . . . . . . . . . . . . 89
Part 10 Amendment of Residential Services (Accreditation) Act
2002
99 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
100 Amendment of s 4 (Meaning of residential service) . . . . . . . . . . . 89
101 Amendment of s 6 (Meaning of service provider). . . . . . . . . . . . . 90
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Gambling and Other Legislation Amendment Bill 2009
Contents
102 Insertion of new s 6A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
6A Meaning of aged rental scheme and scheme
operator ............................. 90
103 Amendment of pt 13 hdg (Transitional). . . . . . . . . . . . . . . . . . . . . 91
104 Insertion of new pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Part 14 Transitional provisions for Gambling and Other
Legislation Amendment Act 2009
Division 1 Preliminary
199 Definitions for pt 14. . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Division 2 Registration of part 14 continuing services
200 Due day for applying for registration. . . . . . . . . . . . . . 92
201 Application of pt 13, div 2 provisions . . . . . . . . . . . . . 92
Division 3 Accreditation of part 14 continuing services
202 Due day for applying for accreditation . . . . . . . . . . . . 93
203 Compliance with building and fire safety
requirements ......................... 93
105 Amendment of sch 1 (Reviewable decisions). . . . . . . . . . . . . . . . 93
106 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 94
Part 11 Amendment of Wagering Act 1998
107 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
108 Amendment of s 198 (Making rules) . . . . . . . . . . . . . . . . . . . . . . 95
109 Replacement of s 200 (Availability of rules for public inspection). 95
200 Rules to be made available . . . . . . . . . . . . . . . . . . . . 95
110 Insertion of new s 216M . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
216M Distributing promotional or advertising material about
approved place of operation . . . . . . . . . . . . . . . . . . . . 95
111 Amendment of s 227 (Participation by minors prohibited) . . . . . . 96
112 Insertion of new s 308A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
308A Commissioner of police service to notify changes in
criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
113 Amendment of s 312 (Regulation-making power) . . . . . . . . . . . . 97
Page 8
2009
A Bill
for
An Act to amend the Casino Control Act 1982, the Charitable
and Non-Profit Gaming Act 1999, the Gaming Machine Act
1991, the Interactive Gambling (Player Protection) Act 1998, the
Keno Act 1996, the Liquor Act 1992, the Lotteries Act 1997, the
Racing Act 2002, the Residential Services (Accreditation) Act
2002 and the Wagering Act 1998 for particular purposes
Gambling and Other Legislation Amendment Bill 2009
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Gambling and Other Legislation 4
Amendment Act 2009. 5
Clause 2 Commencement 6
(1) Sections 6, 16, 19, 21, 23, 24(1), 25 to 39, 41 to 43, 45, 46, 48 7
(other than to the extent it inserts section 456), 52, 53, 56, 57, 8
88, 89, 108 and 109 commence on a day to be fixed by 9
proclamation. 10
(2) Section 50 commences on the day following the day on which 11
the Queensland Civil and Administrative Tribunal 12
(Jurisdiction Provisions) Amendment Act 2009, section 559 13
commences. 14
Part 2 Amendment of Casino Control 15
Act 1982 16
Clause 3 Act amended 17
This part amends the Casino Control Act 1982. 18
Clause 4 Insertion of new s 17 19
Part 2-- 20
insert-- 21
Page 10
Gambling and Other Legislation Amendment Bill 2009
Part 2 Amendment of Casino Control Act 1982
[s 5]
`17 Commissioner of police service to notify changes in 1
criminal history 2
`(1) This section applies if-- 3
(a) the chief executive gives the commissioner of the police 4
service the name of a relevant person for this section; 5
and 6
(b) the commissioner reasonably suspects a person who is 7
charged with an offence is the relevant person. 8
`(2) The commissioner must notify the chief executive about the 9
change in the person's criminal history. 10
`(3) The notice must state the following-- 11
(a) the person's name and address; 12
(b) the person's date of birth; 13
(c) the offence the person is charged with; 14
(d) particulars of the offence; 15
(e) the date of the charge. 16
`(4) The chief executive may confirm the suspicions of the 17
commissioner of the police service under subsection (1). 18
`(5) In this section-- 19
relevant person means-- 20
(a) a casino key employee; or 21
(b) a casino employee; or 22
(c) a casino operator who is an individual; or 23
(d) an individual identified by the Minister as being 24
associated or connected with the ownership, 25
administration or management of the operations or 26
business of a casino operator.'. 27
Clause 5 Amendment of s 62A (Gaming equipment outside of 28
casino) 29
Section 62A(4), `or chips'-- 30
Page 11
Gambling and Other Legislation Amendment Bill 2009
Part 2 Amendment of Casino Control Act 1982
[s 6]
omit, insert-- 1
`, chips or player account credits'. 2
Clause 6 Amendment of s 63 (Casino games) 3
Section 63(3)-- 4
omit, insert-- 5
`(3) The Minister must notify the making of a rule in the gazette. 6
`(3A) A rule takes effect-- 7
(a) on the day the making of the rule is notified in the 8
gazette; or 9
(b) if a later day is stated in the Minister's notice or the 10
rule--on that day. 11
`(3B) A casino operator must make a copy of the rule available-- 12
(a) to patrons at the casino; and 13
(b) for public inspection on the casino's website on the 14
internet. 15
Maximum penalty--40 penalty units. 16
`(3C) A casino licensee may make submissions to the Minister 17
about a rule or proposed rule.'. 18
Clause 7 Amendment of s 65 (Obligation of casino operator in 19
relation to conduct of games) 20
(1) Section 65(3), from `chips' to `cash'-- 21
omit, insert-- 22
`chips, cash, player account credits or another way approved 23
by the chief executive'. 24
(2) Section 65(5), from `paid in chips' to `cheque.'-- 25
omit, insert-- 26
`paid-- 27
(a) in chips; or 28
Page 12
Gambling and Other Legislation Amendment Bill 2009
Part 2 Amendment of Casino Control Act 1982
[s 8]
(b) by cash or cheque; or 1
(c) by depositing the payment to a person's player account; 2
or 3
(d) in another way approved by the chief executive.'. 4
Clause 8 Amendment of s 67 (Deposit advance accounts) 5
(1) Section 67, heading, `Deposit advance'-- 6
omit, insert-- 7
`Player'. 8
(2) Section 67(1) and (3), `deposit advance'-- 9
omit, insert-- 10
`player'. 11
(3) Section 67-- 12
insert-- 13
`(2B) The casino operator must not accept a deposit into the player 14
account by a credit card transaction. 15
Maximum penalty--40 penalty units.'. 16
(4) Section 67(3), from `or may pay' to `credit'-- 17
omit. 18
(5) Section 67-- 19
insert-- 20
`(4) Also, a casino operator may-- 21
(a) pay to the person for whom the player account is 22
established cash up to the amount in the account; or 23
(b) if requested by the person for whom the player account 24
is established, issue for the whole or part of the amount 25
in the account a cheque made payable to the person that 26
is drawn on a bank account approved by the chief 27
executive.'. 28
Page 13
Gambling and Other Legislation Amendment Bill 2009
Part 2 Amendment of Casino Control Act 1982
[s 9]
Clause 9 Amendment of s 71A (Unclaimed winnings and prizes) 1
Section 71A(4), `deposit advance'-- 2
omit, insert-- 3
`player'. 4
Clause 10 Insertion of new s 100E 5
After section 100D-- 6
insert-- 7
`100E Distributing promotional or advertising material about 8
a casino 9
`A casino operator or casino manager, for a casino, must not 10
distribute promotional or advertising material about the casino 11
to persons who the operator or manager knows or ought 12
reasonably to know are prohibited from entering or remaining 13
in the casino under a self-exclusion order or exclusion 14
direction. 15
Maximum penalty--40 penalty units.'. 16
Clause 11 Amendment of s 102 (Provisions relating to minors in 17
respect of casinos) 18
Section 102(2), `10 penalty units'-- 19
omit, insert-- 20
`25 penalty units'. 21
Clause 12 Amendment of s 127 (Regulation-making power) 22
Section 127(2)-- 23
insert-- 24
`(e) tournaments for games; 25
(f) the naming of a game or wager; 26
(g) the permissible minimum and maximum wagers for a 27
game; 28
Page 14
Gambling and Other Legislation Amendment Bill 2009
Part 3 Amendment of Charitable and Non-Profit Gaming Act 1999
[s 13]
(h) the maximum denomination of currency that may be 1
inserted in a note acceptor in a casino.'. 2
Clause 13 Amendment of schedule (Dictionary) 3
Schedule-- 4
insert-- 5
`note acceptor means a device that accepts currency in 6
exchange for gaming machine credits. 7
player account means an account established under section 8
67. 9
player account credit means an amount held in credit in a 10
player account.'. 11
Part 3 Amendment of Charitable and 12
Non-Profit Gaming Act 1999 13
Clause 14 Act amended 14
This part amends the Charitable and Non-Profit Gaming Act 15
1999. 16
Clause 15 Amendment of s 39 (Who may apply for category 3 17
gaming licence) 18
(1) Section 39(c)-- 19
renumber as section 39(d). 20
(2) Section 39-- 21
insert-- 22
`(c) a parents and friends association formed for a non-State 23
school provisionally accredited, or accredited, under the 24
Page 15
Gambling and Other Legislation Amendment Bill 2009
Part 3 Amendment of Charitable and Non-Profit Gaming Act 1999
[s 16]
Education (Accreditation of Non-State Schools) Act 1
2001; or'. 2
Clause 16 Amendment of s 72 (General gaming rules) 3
Section 72(2)-- 4
omit, insert-- 5
`(2) The Minister must notify the making of a rule in the gazette. 6
`(3) A rule takes effect-- 7
(a) on the day the making of the rule is notified in the 8
gazette; or 9
(b) if a later day is stated in the Minister's notice or the 10
rule--on that day. 11
`(4) The chief executive must make a copy of the rule available for 12
public inspection on the department's website on the 13
internet.'. 14
Clause 17 Amendment of s 186 (Regulation-making power) 15
Section 186(2)-- 16
insert-- 17
`(c) be about-- 18
(i) an advertisement for a game; or 19
(ii) refunding a fee paid to enter a game; or 20
(iii) the order of drawing 2 or more prizes offered in a 21
game; or 22
(iv) a prize in a game.'. 23
Page 16
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 18]
Part 4 Amendment of Gaming 1
Machine Act 1991 2
Division 1 Preliminary 3
Clause 18 Act amended 4
This part amends the Gaming Machine Act 1991. 5
Division 2 General amendments 6
Clause 19 Amendment of s 32 (Appeals to commission) 7
Section 32-- 8
insert-- 9
`(4) Each of the following persons may appeal to the commission 10
against the decision stated for the person-- 11
(a) a person whose application for an approval under part 12
10A is not granted under section 337C(1); 13
(b) a person whose application for renewal of an approval 14
under part 10A is not granted under section 337G(1); 15
(c) a person whose approval under part 10A is cancelled 16
under section 337M(3).'. 17
Clause 20 Insertion of new s 53A 18
After section 53-- 19
insert-- 20
`53A Commissioner of police service to notify changes in 21
criminal history 22
`(1) This section applies if-- 23
Page 17
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 21]
(a) the chief executive gives the commissioner of the police 1
service the name of a relevant person for this section; 2
and 3
(b) the commissioner reasonably suspects a person who is 4
charged with an offence is the relevant person. 5
`(2) The commissioner of the police service must notify the chief 6
executive about the change in the person's criminal history. 7
`(3) The notice must state the following-- 8
(a) the person's name and address; 9
(b) the person's date of birth; 10
(c) the offence the person is charged with; 11
(d) particulars of the offence; 12
(e) the date of the charge. 13
`(4) The chief executive may confirm the suspicions of the 14
commissioner of the police service under subsection (1). 15
`(5) In this section-- 16
relevant person means-- 17
(a) a departmental gaming officer; or 18
(b) a licensed person; or 19
(c) a licensee who is an individual; or 20
(d) an associate, of a licensee, who is an individual; or 21
(e) the secretary or executive officer of a licensed supplier; 22
or 23
(f) an individual identified by the Minister as being a 24
business or executive associate of a licensed supplier.'. 25
Clause 21 Amendment of s 55H (Limit on category 2 gaming 26
machine licences for clubs) 27
Section 55H-- 28
insert-- 29
Page 18
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 22]
`(4) Subsection (3) does not apply to an application for a category 1
2 gaming machine licence mentioned in section 56B(1) or 2
(2).'. 3
Clause 22 Amendment of s 56A (Application for gaming machine 4
licence for new premises) 5
Section 56A, heading, `new'-- 6
omit, insert-- 7
`replacement category 1 licensed'. 8
Clause 23 Insertion of new s 56B 9
After section 56A-- 10
insert-- 11
`56B Application for gaming machine licence for 12
replacement category 2 licensed premises 13
`(1) Subsection (3) applies if-- 14
(a) an applicant, under section 56, for a gaming machine 15
licence (a new licence) relating to 1 category 2 licensed 16
premises is the holder of a gaming machine licence (an 17
old licence) relating to 1 category 2 licensed premises; 18
and 19
(b) because of exceptional circumstances-- 20
(i) the applicant intends to give the chief executive 21
notification under section 95 to surrender the old 22
licence; and 23
(ii) the application is for a new licence, in place of the 24
old licence, for 1 category 2 licensed premises (the 25
new premises); and 26
(iii) the applicant wishes to have all of the entitlements 27
for premises to which the old licence relates (the 28
old premises) transferred to the new premises. 29
`(2) Subsection (3) also applies if-- 30
Page 19
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 23]
(a) an applicant, under section 56, for a gaming machine 1
licence (a new licence) relating to 2 or more category 2 2
licensed premises is the holder of a gaming machine 3
licence (an old licence) relating to 2 or more category 2 4
licensed premises; and 5
(b) because of exceptional circumstances-- 6
(i) the applicant intends to give the chief executive 7
notification under section 95 to surrender the old 8
licence; and 9
(ii) the application is for a new licence in place of the 10
old licence; and 11
(iii) for the new licence, the applicant wishes to replace 12
one of the premises (the old premises) from the 2 13
or more premises to which the old licence relates 14
with other premises (the new premises); and 15
(iv) the applicant wishes to have all of the entitlements 16
for the old premises transferred to the new 17
premises. 18
`(3) The application-- 19
(a) must be accompanied by notification under section 95 to 20
surrender the old licence; and 21
(b) must relate only to premises situated-- 22
(i) in the same entitlement region as the old premises; 23
and 24
(ii) within the relevant local community area for the 25
old premises; and 26
(c) must not relate to more than the number of gaming 27
machines fixed for the old premises; and 28
(d) must not relate to hours of gaming that extend outside 29
the hours fixed for the old licence; and 30
(e) must state the applicant wishes to have all of the 31
entitlements for the old premises transferred to the new 32
premises; and 33
Page 20
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 24]
(f) must include information about the applicant's 1
exceptional circumstances. 2
Examples of exceptional circumstances-- 3
1 The applicant may have received, under the Acquisition of 4
Land Act 1967, a notice of intention to resume relating to 5
the land on which the old premises are situated or the land 6
may be being acquired under another Act. 7
2 The old premises are situated in a shopping centre that is to 8
be redeveloped. 9
`(4) In this section-- 10
local community area has the meaning given by the guideline 11
named `Guidelines--Community Impact Statement' issued 12
by the commission under section 17. 13
relevant local community area, for the old premises, means 14
the area that would, under a community impact statement 15
prepared under section 55B, be the local community area for 16
the old premises if an application were being made in relation 17
to the old premises.'. 18
Clause 24 Amendment of s 57 (Recommendation by chief executive 19
about application for gaming machine licence) 20
(1) Section 57(3)-- 21
insert-- 22
`(h) for an application mentioned in section 23
56B(1)--whether the chief executive is satisfied there 24
are exceptional circumstances for transferring the 25
entitlements mentioned in section 56B(1)(b)(iii) to the 26
premises to which the application relates; and 27
(i) for an application mentioned in section 28
56B(2)--whether the chief executive is satisfied there 29
are exceptional circumstances for transferring the 30
entitlements mentioned in section 56B(2)(b)(iv) to the 31
new premises mentioned in that subparagraph.'. 32
(2) Section 57(7)-- 33
omit, insert-- 34
Page 21
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 25]
`(7) In making a recommendation, the chief executive must have 1
regard to-- 2
(a) any supporting material for the application; and 3
(b) any relevant guideline issued by the commission under 4
section 17.'. 5
(3) Section 57(8)(ba)-- 6
omit. 7
Clause 25 Amendment of s 59 (Particulars to be fixed on grant of 8
gaming machine licence) 9
(1) Section 59(2)(a)(iii), `; or'-- 10
omit, insert-- 11
`; and'. 12
(2) Section 59(2)(a)-- 13
insert-- 14
`(iv) for an application mentioned in section 56B--fix 15
the number of entitlements to be transferred to the 16
premises; or'. 17
(3) Section 59(2)(b)-- 18
insert-- 19
`(iii) for an application mentioned in section 56B--the 20
number of entitlements to be transferred to the 21
premises.'. 22
(4) Section 59-- 23
insert-- 24
`(6) For an application mentioned in section 56B-- 25
(a) if the number of entitlements fixed for the premises is 26
the number sought in the application--the chief 27
executive must immediately give the applicant written 28
notice of the decision; or 29
Page 22
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 26]
(b) if the number of entitlements fixed for the premises is 1
not the number sought in the application--the chief 2
executive must immediately give the applicant an 3
information notice for the decision.'. 4
Clause 26 Amendment of s 61 (Application for additional licensed 5
premises) 6
Section 61(2)-- 7
insert-- 8
`(c) if the applicant has made a liquor licence transfer 9
application relating to a community club licence and the 10
application has not been decided--the premises to 11
which the liquor licence transfer application relates.'. 12
Clause 27 Amendment of s 68 (Issue of gaming machine licences 13
generally) 14
(1) Section 68(2)(e)-- 15
renumber as section 68(2)(f). 16
(2) Section 68(2)-- 17
insert-- 18
`(e) for a gaming machine licence for category 2 licensed 19
premises-- 20
(i) the entitlement region in which the licensed 21
premises are located; and 22
(ii) the number of entitlements for the premises, or 23
each of the premises, to which the licence relates;'. 24
Clause 28 Amendment of s 71A (Replacement of gaming machine 25
licence for particular changes) 26
Section 71A-- 27
insert-- 28
Page 23
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 29]
`(7) If the replacement licence is for category 2 licensed premises, 1
the replacement licence must include the following 2
particulars-- 3
(a) the information mentioned in section 68(2)(e); 4
(b) the number of entitlements for the licensed premises 5
that have been transferred to the licensee of other 6
licensed premises on a temporary basis under part 3B, 7
division 3; 8
(c) the number of entitlements for other licensed premises 9
that have been transferred to the licensee on a temporary 10
basis under part 3B, division 3; 11
(d) if the licensee received a notice under section 88A(1) or 12
(2) relating to a decision approving a decrease in the 13
approved number of gaming machines for the licensee's 14
licensed premises--the number of entitlements for the 15
licensed premises that must, under section 87(9), be 16
transferred on a permanent basis under part 3B, division 17
2.'. 18
Clause 29 Amendment of s 78 (Certain applications under Liquor 19
Act 1992 subject to chief executive's certificate) 20
(1) Section 78(4), `Subsection (5) applies'-- 21
omit, insert-- 22
`Subsections (5) and (6) apply'. 23
(2) Section 78(5), after `authorities'-- 24
insert-- 25
`or entitlements'. 26
(3) Section 78(6)-- 27
renumber as section 78(7). 28
(4) Section 78-- 29
insert-- 30
Page 24
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 30]
`(6) However, an entitlement for the licensed premises under the 1
cancelled associated gaming licence that must, under section 2
87(9), be transferred on a permanent basis under part 3B, 3
division 2-- 4
(a) is not transferred by operation of subsection (5) to the 5
holder of the new licence; and 6
(b) becomes an entitlement of the State.'. 7
Clause 30 Insertion of new s 78A 8
After section 78-- 9
insert-- 10
`78A Liquor licence transfer application, and additional 11
premises application, for premises 12
`(1) Subsection (2) applies if a category 2 licensee makes a liquor 13
licence transfer application relating to a community club 14
licence for premises additional to its existing licensed 15
premises. 16
`(2) Despite the Liquor Act 1992, the liquor licensing authority 17
may transfer the licence mentioned in subsection (1) only if 18
the chief executive issues a certificate under subsection (3). 19
`(3) The chief executive may issue the certificate only if-- 20
(a) the premises are not licensed premises under this Act; or 21
(b) if the premises are licensed premises under this Act-- 22
(i) the commission is prepared, under section 63, to 23
approve the premises as premises to which the 24
category 2 licensee's gaming machine licence 25
relates; and 26
(ii) satisfactory arrangements have been made for 27
payment of any amounts payable by the current 28
licensee under conditions mentioned in section 73 29
or under part 9. 30
`(4) Subsection (5) applies if-- 31
(a) a category 2 licensee-- 32
Page 25
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 30]
(i) makes a liquor licence transfer application relating 1
to a community club licence for particular 2
premises; and 3
(ii) at the same time makes an additional premises 4
application for the premises; and 5
(b) the liquor licensing authority is prepared to transfer the 6
liquor licence; and 7
(c) the commission is prepared, under section 63, to 8
approve the premises as premises to which the category 9
2 licensee's gaming machine licence relates. 10
`(5) The chief executive and liquor licensing authority must make 11
arrangements so that the transfer of the liquor licence and 12
approval of the premises under section 63 happen at the same 13
time. 14
`(6) Subsections (7) and (8) apply if-- 15
(a) under subsection (5), arrangements are made for the 16
approval of the premises under section 63 at the same 17
time as the transfer of the liquor licence; and 18
(b) an associated gaming licence for the liquor licence is 19
cancelled under section 96(1) because of the transfer of 20
the liquor licence. 21
`(7) All entitlements, other than relevant entitlements, for the 22
licensed premises under the cancelled associated gaming 23
licence are transferred by operation of this subsection to the 24
category 2 licensee for use at the premises on a permanent 25
basis. 26
`(8) A relevant entitlement for the licensed premises under the 27
cancelled associated gaming licence becomes an entitlement 28
of the State. 29
`(9) In this section-- 30
relevant entitlement, for the licensed premises under the 31
cancelled associated gaming licence, means an entitlement 32
that must under section 87(9) be transferred on a permanent 33
basis under part 3B, division 2.'. 34
Page 26
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 31]
Clause 31 Insertion of new s 80C 1
Part 3, division 6, after section 80B-- 2
insert-- 3
`80C Restriction on installation and operation of gaming 4
machines for category 2 licensee 5
`(1) A category 2 licensee must not, at the licensee's licensed 6
premises or each of the licensee's licensed premises, install or 7
operate more than the number of gaming machines that is 8
equal to the total of the following-- 9
(a) the endorsed number of entitlements for the licensed 10
premises; 11
(b) the number of any entitlements that are currently 12
transferred under part 3B, division 3 for use on a 13
temporary basis at the licensed premises. 14
Maximum penalty--200 penalty units. 15
`(2) For subsection (1)(a), the endorsed number of entitlements for 16
the licensed premises is taken not to include the number of 17
any entitlements for the licensed premises that are currently 18
transferred under part 3B, division 3 for use on a temporary 19
basis at other category 2 licensed premises.'. 20
Clause 32 Amendment of s 83 (Decision on increase application) 21
Section 83-- 22
insert-- 23
`(3A) The commission must refuse to approve an increase if-- 24
(a) the application relates to category 2 licensed premises; 25
and 26
(b) any of the endorsed number of entitlements for the 27
licensed premises are, at the time the application is 28
made, transferred under part 3B, division 3 for use on a 29
temporary basis at other category 2 licensed premises.'. 30
Page 27
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 33]
Clause 33 Amendment of s 86 (Proposals to decrease approved 1
number of gaming machines) 2
(1) Section 86-- 3
insert-- 4
`(1A) However, the application may not be made by a category 2 5
licensee to whom entitlements of other category 2 licensed 6
premises are currently transferred under part 3B, division 3 7
for use on a temporary basis at the licensed premises 8
mentioned in subsection (1). 9
`(1B) Subsection (1C) applies if-- 10
(a) an application mentioned in subsection (1) is made by a 11
category 2 licensee; and 12
(b) one or more of the entitlements of the licensed premises 13
are currently transferred under part 3B, division 3 for 14
use on a temporary basis at other category 2 licensed 15
premises. 16
`(1C) The application may not relate to the gaming machines, the 17
entitlements for which are subject to the transfer mentioned in 18
subsection (1B)(b).'. 19
(2) Section 86-- 20
insert-- 21
`(4A) Subsection (3)(b) does not apply to a gaming machine for 22
category 2 licensed premises, the entitlement for which is 23
currently transferred under part 3B, division 3 for use on a 24
temporary basis at other category 2 licensed premises.'. 25
Clause 34 Amendment of s 87 (Decision on decrease proposal) 26
Section 87-- 27
insert-- 28
`(9) If the decrease proposal is an application by a category 2 29
licensee and the decrease is approved under subsection (1)(a), 30
the entitlements for the licensee's licensed premises that are 31
more in number than the approved number of gaming 32
Page 28
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 35]
machines for the licensed premises must be transferred on a 1
permanent basis under part 3B, division 2 within 1 year after 2
the decrease is approved. 3
`(10) If the entitlements mentioned in subsection (9) are not 4
transferred under that subsection, the entitlements become 5
entitlements of the State. 6
`(11) However, if the licensee mentioned in subsection (9) applies 7
to the chief executive under section 109M(1) for an approval 8
of a transfer of the entitlements mentioned in subsection (9) 9
within 1 year after the decrease is approved and the 10
commission does not make a decision on the application 11
before the end of that period, subsection (10) does not apply 12
until 14 days after notification of the decision under section 13
109M.'. 14
Clause 35 Amendment of s 91A (Ceasing gaming at licensed 15
premises) 16
Section 91A-- 17
insert-- 18
`(3) All entitlements for the licensed premises on which the 19
conduct of gaming has ceased must be transferred on a 20
permanent basis under part 3B, division 2 within 1 year after 21
the licensee ceases the conduct of gaming on the licensed 22
premises. 23
`(4) If the entitlements are not transferred on a permanent basis 24
under part 3B, division 2 within the time mentioned in 25
subsection (3), the entitlements become entitlements of the 26
State. 27
`(5) However, if the licensee applies to the chief executive under 28
section 109M(1) for an approval of a transfer of the 29
entitlements within 1 year after the licensee ceases the 30
conduct of gaming and the commission does not make a 31
decision on the application before the end of that period, 32
subsection (4) does not apply until 14 days after notification 33
of the decision under section 109M. 34
Page 29
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 36]
`(6) Subsection (7) applies if-- 1
(a) a category 2 licensee ceases the conduct of gaming on 2
any licensed premises under the licensee's licence; and 3
(b) at the time the licensee ceases the conduct of gaming, 4
either-- 5
(i) one or more of the endorsed number of 6
entitlements for the licensed premises have been 7
transferred to the licensee of other licensed 8
premises on a temporary basis under part 3B, 9
division 3; or 10
(ii) one or more entitlements for other licensed 11
premises have been transferred to the licensee on a 12
temporary basis under part 3B, division 3. 13
`(7) The temporary transfer of the entitlements ends on the day the 14
licensee ceases the conduct of gaming.'. 15
Clause 36 Amendment of s 95 (Surrender of gaming machine 16
licences) 17
(1) Section 95(1)(b), after `surrender'-- 18
insert-- 19
`is by a category 1 licensee and'. 20
(2) Section 95-- 21
insert-- 22
`(2D) If a category 2 licensee surrenders the licensee's gaming 23
machine licence, all entitlements for the licensed premises 24
under the licence must be transferred on a permanent basis 25
under part 3B, division 2 within 1 year after the surrender. 26
`(2E) If the entitlements mentioned in subsection (2D) are not 27
transferred on a permanent basis under part 3B, division 2 28
within the time mentioned in that subsection, the entitlements 29
become entitlements of the State. 30
`(2F) However, if the licensee mentioned in subsection (2D) applies 31
to the chief executive under section 109M(1) for an approval 32
Page 30
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 37]
of a transfer of the entitlements mentioned in subsection (2D) 1
within 1 year after the surrender and the commission does not 2
make a decision on the application before the end of that 3
period, subsection (2E) does not apply until 14 days after 4
notification of the decision under section 109M. 5
`(2G) Subsection (2H) applies if-- 6
(a) a category 2 licensee surrenders the licensee's gaming 7
machine licence; and 8
(b) either-- 9
(i) one or more of the endorsed number of 10
entitlements for the licensed premises have been 11
transferred to the licensee of other licensed 12
premises on a temporary basis under part 3B, 13
division 3; or 14
(ii) one or more entitlements for other licensed 15
premises have been transferred to the licensee on a 16
temporary basis under part 3B, division 3. 17
`(2H) The temporary transfers of the entitlements end on the day the 18
licence is surrendered.'. 19
Clause 37 Amendment of s 95A (Surrender of gaming machine 20
licence being replaced) 21
(1) Section 95A, heading, after `replaced'-- 22
insert-- 23
`--category 1 licensed premises'. 24
(2) Section 95A(2) and (3), `Section 95(2A) to (11)'-- 25
omit, insert-- 26
`Section 95(2A) to (2C) and (3) to (11)'. 27
Clause 38 Insertion of new s 95B 28
After section 95A-- 29
insert-- 30
Page 31
Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 39]
`95B Surrender of gaming machine licence being 1
replaced--category 2 licensed premises 2
`(1) This section applies if the commission has decided to grant an 3
application mentioned in section 56B(1) or (2) for a new 4
gaming machine licence (a new licence) in place of a licence 5
being surrendered under section 95. 6
`(2) Section 95(2D) to (11) applies in the following way-- 7
(a) subsections (2D) to (2F) do not apply; 8
(b) subsections (3) and (4) apply in relation to the 9
surrender; 10
(c) subsections (5) to (9) do not apply; 11
(d) despite subsections (10) and (11), the surrender has 12
effect when the new licence is issued by the chief 13
executive under section 68.'. 14
Clause 39 Amendment of s 97 (Cancellation or suspension of 15
gaming machine licences and letters of censure) 16
Section 97(24), definition directly interested person-- 17
insert-- 18
`(d) for a category 2 licensee who transfers entitlements on a 19
temporary basis under part 3B, division 3--the licensee 20
to whom the entitlements are transferred; or 21
(e) for a category 2 licensee to whom entitlements are 22
transferred on a temporary basis under part 3B, division 23
3--the licensee who transfers the entitlements.'. 24
Clause 40 Amendment of s 109C (Purchase of operating authority at 25
authorised sale) 26
Section 109C(3), after `78(5)'-- 27
insert-- 28
`or 79(2)'. 29
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[s 41]
Clause 41 Insertion of new pt 3B 1
After section 109I-- 2
insert-- 3
`Part 3B Entitlements for category 2 4
licensed premises 5
`Division 1 Preliminary 6
`109J Limit on number of entitlements 7
`(1) The maximum number of entitlements under this Act is the 8
number prescribed under a regulation. 9
`(2) For this Act, entitlements of the number prescribed under 10
subsection (1) are declared to exist. 11
`109K Entitlements are transferable 12
`(1) An entitlement for a category 2 licensed premises is 13
transferable. 14
`(2) However, a transfer of an entitlement for category 2 licensed 15
premises does not have any effect unless the commission 16
approves the transfer under this part. 17
`Division 2 Permanent transfer of entitlements 18
`109L Definitions for div 2 19
`In this division-- 20
category 2 licensee, for transferor licensed premises, includes 21
a category 2 licensee-- 22
(a) who has surrendered the licensee's gaming machine 23
licence; and 24
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(b) whose entitlements must, under section 95(2D), be 1
transferred on a permanent basis within 1 year after the 2
surrender. 3
licensed premises, of a category 2 licensee who has 4
surrendered the licensee's gaming machine licence, means the 5
premises that were the licensed premises under the licence 6
before its surrender. 7
transferee licensed premises see section 109M(1). 8
transferee licensee see section 109M(1). 9
transferor licensed premises see section 109M(1). 10
transferor licensee see section 109M(1). 11
`109M Application for approval 12
`(1) A category 2 licensee (the transferor licensee) for licensed 13
premises (the transferor licensed premises) may apply to the 14
chief executive for approval of a transfer of entitlements for 15
the licensed premises to the licensee (the transferee licensee) 16
of other category 2 licensed premises (the transferee licensed 17
premises) on a permanent basis. 18
`(2) The reference to other category 2 licensed premises in 19
subsection (1) includes a reference to other premises to which 20
the transferor licensee's licence relates. 21
`(3) The application must be-- 22
(a) in the approved form; and 23
(b) accompanied by-- 24
(i) the details of the transfer prescribed under a 25
regulation; and 26
(ii) the fee, if any, prescribed under a regulation. 27
`(4) The chief executive must make a recommendation to the 28
commission about whether to grant or refuse to grant the 29
application. 30
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`(5) The commission must grant the application if the 1
requirements mentioned in sections 109N to 109P are 2
satisfied. 3
`(6) If the commission grants the application, the chief executive 4
must give the transferor licensee and the transferee licensee 5
written notice of the decision. 6
`(7) The commission must refuse to grant the application if the 7
requirements mentioned in sections 109N to 109P are not 8
satisfied. 9
`(8) If the commission refuses to grant the application, the chief 10
executive must give the transferor licensee a written notice 11
stating the decision and the reasons for the decision. 12
`109N Requirement about consideration for the transfer 13
`(1) For section 109M(5), requirements about consideration for the 14
transfer are stated in subsections (2) and (3). 15
`(2) Any consideration for the transfer must be-- 16
(a) monetary; and 17
(b) not-- 18
(i) less than the amount, if any, prescribed under a 19
regulation; or 20
(ii) more than the amount, if any, prescribed under a 21
regulation. 22
`(3) Also, the consideration for the transfer must not give the 23
transferor licensee a direct or indirect interest in, or 24
percentage or share of either of the following on the transferee 25
licensee's licensed premises-- 26
(a) the amount bet for the purpose of gaming; 27
(b) moneys, revenues, profits or earnings from the conduct 28
of gaming. 29
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Gambling and Other Legislation Amendment Bill 2009
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`109O Requirements about transferor licensed premises 1
`(1) For section 109M(5), requirements about the transferor 2
licensed premises are stated in subsections (2) to (6). 3
`(2) Subsection (3) applies if the chief executive has granted an 4
application made by the transferor licensee under section 86 5
for a decrease in the approved number of gaming machines 6
for the transferor licensed premises. 7
`(3) The number of entitlements the subject of the transfer must 8
not be more than the difference between the endorsed number 9
of entitlements for the transferor licensed premises and the 10
approved number of gaming machines for the transferor 11
licensed premises after the decrease. 12
`(4) If the transferor licensee has surrendered the licensee's licence 13
under section 95(1), the number of entitlements the subject of 14
the transfer must not be more than the endorsed number of 15
entitlements for the transferor licensed premises. 16
`(5) Subsection (6) applies if the transferor licensee has given the 17
chief executive notice under section 91A(2) that the conduct 18
of gaming has ceased at the transferor licensed premises. 19
`(6) The number of entitlements the subject of the transfer must 20
not be more than the endorsed number of entitlements for the 21
transferor licensed premises at which gaming has ceased. 22
`109P Requirements about transferee licensed premises 23
`(1) For section 109M(5), requirements about the transferee 24
licensed premises are stated in subsections (2) to (4). 25
`(2) The approved number of gaming machines for the transferee 26
licensed premises must be more than the sum of-- 27
(a) the endorsed number of entitlements for the licensed 28
premises; and 29
(b) the number of entitlements for other licensed premises 30
that have been transferred to the transferee licensee on a 31
temporary basis under division 3. 32
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Part 4 Amendment of Gaming Machine Act 1991
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`(3) The number of entitlements the subject of the transfer must 1
not be more than the difference between the approved number 2
of gaming machines and the sum of the entitlements 3
mentioned in subsection (2). 4
`(4) The transferee licensed premises must be located in the same 5
entitlement region in which the transferor licensed premises 6
are located. 7
`109Q Variation of terms of transfer 8
`(1) This section applies if-- 9
(a) the commission has, under section 109M, approved the 10
transfer, by the transferor licensee, of entitlements for 11
the transferor licensed premises to the transferee 12
licensee on a permanent basis under this division; and 13
(b) the transfer has not yet taken place; and 14
(c) the licensees propose to vary the consideration for the 15
transfer. 16
`(2) The transferor licensee must apply to the chief executive for 17
approval of the variation. 18
`(3) The application must be-- 19
(a) in writing; and 20
(b) accompanied by the fee, if any, prescribed under a 21
regulation. 22
`(4) The chief executive must make a recommendation to the 23
commission about whether to grant or refuse to grant the 24
application. 25
`(5) The commission must grant the application if the requirement 26
mentioned in section 109N will still be satisfied. 27
`(6) If the commission grants the application, the chief executive 28
must give the transferor licensee a written notice of the 29
decision. 30
`(7) The commission must refuse to grant the application if the 31
requirement mentioned in section 109N will not be satisfied. 32
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Part 4 Amendment of Gaming Machine Act 1991
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`(8) If the commission refuses to grant the application, the chief 1
executive must give the transferor licensee a written notice 2
stating the decision and the reasons for the decision. 3
`109R Issuing replacement gaming machine licence to show 4
endorsed number of entitlements 5
`(1) This section applies if entitlements for the transferor licensed 6
premises are transferred by the transferor licensee to the 7
transferee licensee on a permanent basis under this division. 8
`(2) Each of the licensees must, within 14 days after the day of the 9
transfer, give to the chief executive-- 10
(a) the licensee's gaming machine licence; and 11
(b) the fee prescribed under a regulation. 12
Maximum penalty--40 penalty units. 13
`(3) If the chief executive receives a gaming machine licence for a 14
licensee under subsection (2), the chief executive must as soon 15
as practicable-- 16
(a) replace the licensee's licence; and 17
(b) give the replacement licence to the licensee. 18
`(4) The replacement licence must include the following-- 19
(a) the information mentioned in section 68(2)(e); 20
(b) the number of entitlements for the licensed premises 21
that have been transferred to the licensee of other 22
licensed premises on a temporary basis under division 3; 23
(c) the number of entitlements for other licensed premises 24
that have been transferred to the licensee on a temporary 25
basis under division 3; 26
(d) if the licensee received a notice under section 88A(1) or 27
(2) relating to a decision approving a decrease in the 28
approved number of gaming machines for the licensee's 29
licensed premises--the number of entitlements for the 30
licensed premises that must, under section 87(9), be 31
transferred on a permanent basis under this division. 32
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Part 4 Amendment of Gaming Machine Act 1991
[s 41]
`(5) This section does not apply to a transferor licensee's licence 1
surrendered under section 95(1). 2
`Division 3 Temporary transfer of entitlements 3
`109S Definitions for div 3 4
`In this division-- 5
transferee licensed premises see section 109T(1). 6
transferee licensee see section 109T(1). 7
transferor licensed premises see section 109T(1). 8
transferor licensee see section 109T(1). 9
`109T Application for approval 10
`(1) A category 2 licensee (the transferor licensee) for licensed 11
premises (the transferor licensed premises) may apply to the 12
chief executive for approval of a transfer of entitlements for 13
the licensed premises for the use of the entitlements by the 14
licensee (the transferee licensee) at other category 2 licensed 15
premises (the transferee licensed premises) on a temporary 16
basis. 17
`(2) The reference to other category 2 licensed premises in 18
subsection (1) includes a reference to other premises to which 19
the transferor licensee's licence relates. 20
`(3) The application must be-- 21
(a) in the approved form; and 22
(b) signed by both the transferor licensee and the transferee 23
licensee; and 24
(c) accompanied by-- 25
(i) the details of the transfer prescribed under a 26
regulation; and 27
(ii) the fee, if any, prescribed under a regulation. 28
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
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`(4) The chief executive must ensure the approved form includes 1
information about the effect on transferred entitlements of-- 2
(a) the surrender, suspension or cancellation of a transferor 3
licensee's licence or a transferee licensee's licence; or 4
(b) the licensee of licensed premises to which a transfer 5
relates ceasing to conduct gaming at the premises. 6
`(5) The chief executive must make a recommendation to the 7
commission about whether to grant or refuse to grant the 8
application. 9
`(6) The commission must grant the application if the 10
requirements mentioned in sections 109U to 109W are 11
satisfied. 12
`(7) If the commission grants the application, the chief executive 13
must give the transferor licensee and the transferee licensee 14
written notice of the decision. 15
`(8) The commission must refuse to grant the application if the 16
requirements mentioned in sections 109U to 109W are not 17
satisfied. 18
`(9) If the commission refuses to grant the application, the chief 19
executive must give the transferor licensee a written notice 20
stating the decision and the reasons for the decision. 21
`109U Requirements about transfer period and 22
consideration for the transfer 23
`(1) For section 109T(6), requirements about the period of the 24
transfer and the consideration for the transfer are stated in 25
subsections (2) to (4). 26
`(2) The period of the transfer must not be less than 1 year or more 27
than 8 years. 28
`(3) Any consideration for the transfer must be-- 29
(a) monetary; and 30
(b) not-- 31
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Gambling and Other Legislation Amendment Bill 2009
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[s 41]
(i) less than the amount, if any, prescribed under a 1
regulation; or 2
(ii) more than the amount, if any, prescribed under a 3
regulation. 4
`(4) Also, the consideration for the transfer must not give the 5
transferor licensee a direct or indirect interest in, or 6
percentage or share of either of the following on the transferee 7
licensee's licensed premises-- 8
(a) the amount bet for the purpose of gaming; 9
(b) moneys, revenues, profits or earnings from the conduct 10
of gaming. 11
`109V Requirements about transferor licensed premises 12
`(1) For section 109T(6), requirements about the transferor 13
licensed premises are stated in subsections (2) to (6). 14
`(2) The approved number of gaming machines for all licensed 15
premises to which the transferor licensee's licence relates 16
must be less than 30. 17
`(3) The transferor licensee must not, during the 3 years ending on 18
the day of the proposed transfer of the entitlements the subject 19
of the transfer, have been notified-- 20
(a) under section 58 of the grant of the licence for the 21
transferor licensed premises; or 22
(b) under section 63 of the approval of additional premises 23
as premises to which the transferor licensee's licence 24
relates; or 25
(c) under section 83 of an approval to increase the approved 26
number of gaming machines for the transferor licensed 27
premises. 28
`(4) None of the entitlements for the transferor licensed premises 29
must be-- 30
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Part 4 Amendment of Gaming Machine Act 1991
[s 41]
(a) currently transferred under this division for use on a 1
temporary basis at other category 2 licensed premises; 2
or 3
(b) required under section 87(9) to be transferred on a 4
permanent basis under division 2. 5
`(5) None of the entitlements for other category 2 licensed 6
premises must be currently transferred under this division for 7
use on a temporary basis at the transferor licensed premises. 8
`(6) Subsection (3) does not apply if-- 9
(a) at the time the transferor licensee was notified as 10
mentioned in subsection (3), entitlements for the 11
transferor licensed premises, equal in number to the 12
approved number of gaming machines for the premises, 13
were transferred under section 78(5) or 78A(7) to the 14
transferor licensee; and 15
(b) at the time the application was made under section 16
109T, the transferor licensee had installed the number of 17
gaming machines fixed under section 59 for the 18
transferor licensed premises. 19
`109W Requirements about transferee licensed premises 20
`(1) For section 109T(6), requirements about the transferee 21
licensed premises are stated in subsections (2) to (5). 22
`(2) The approved number of gaming machines for the transferee 23
licensed premises must be more than the sum of-- 24
(a) the endorsed number of entitlements for the licensed 25
premises; and 26
(b) the number of entitlements for other licensed premises 27
that have been transferred to the transferee licensee on a 28
temporary basis under this division. 29
`(3) The number of entitlements the subject of the transfer must 30
not be more than the difference between the approved number 31
of gaming machines and the sum of the entitlements 32
mentioned in subsection (2). 33
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Part 4 Amendment of Gaming Machine Act 1991
[s 41]
`(4) The transferee licensed premises must be located in the same 1
entitlement region in which the transferor licensed premises 2
are located. 3
`(5) None of the entitlements for the transferee licensed premises 4
must be-- 5
(a) currently transferred under this division for use on a 6
temporary basis at other category 2 licensed premises; 7
or 8
(b) required under section 87(9) to be transferred on a 9
permanent basis under division 2. 10
`109X Variation of terms of transfer 11
`(1) This section applies if-- 12
(a) the commission has, under section 109T, approved the 13
transfer, by the transferor licensee, of entitlements for 14
the transferor licensed premises to the transferee 15
licensee on a temporary basis under this division; and 16
(b) the licensees propose to vary the period of the transfer or 17
the consideration for the transfer. 18
`(2) The transferor licensee must apply to the chief executive for 19
approval of the variation. 20
`(3) The application must be-- 21
(a) in writing; and 22
(b) accompanied by the fee, if any, prescribed under a 23
regulation. 24
`(4) The chief executive must make a recommendation to the 25
commission about whether to grant or refuse to grant the 26
application. 27
`(5) The commission must grant the application if the 28
requirements mentioned in section 109U will still be satisfied. 29
`(6) If the commission grants the application, the chief executive 30
must give the transferor licensee written notice of the 31
decision. 32
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 41]
`(7) The commission must refuse to grant the application if the 1
requirements mentioned in section 109U will not be satisfied. 2
`(8) If the commission refuses to grant the application, the chief 3
executive must give the transferor licensee a written notice 4
stating the decision and the reasons for the decision. 5
`109Y Issuing replacement gaming machine licence 6
`(1) This section applies if entitlements for the transferor licensed 7
premises are transferred by the transferor licensee to the 8
transferee licensee on a temporary basis under this division. 9
`(2) Each of the licensees must, within 14 days after the day of the 10
transfer, give to the chief executive-- 11
(a) the licensee's gaming machine licence; and 12
(b) the fee prescribed under a regulation. 13
Maximum penalty--40 penalty units. 14
`(3) If the chief executive receives a gaming machine licence for a 15
licensee under subsection (2), the chief executive must as soon 16
as practicable-- 17
(a) replace the licensee's licence; and 18
(b) give the replacement licence to the licensee. 19
`(4) The replacement licence must include-- 20
(a) the information mentioned in section 68(2)(e); and 21
(b) the number of entitlements for the transferor licensed 22
premises that have been transferred by the transferor 23
licensee to the transferee licensee on a temporary basis 24
under this division. 25
`109Z Register of transferred entitlements 26
`(1) This section applies if entitlements for the transferor licensed 27
premises are transferred by the transferor licensee to the 28
transferee licensee on a temporary basis under this division. 29
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 41]
`(2) The transferor licensee must, during the period of the transfer, 1
keep a register at the transferor licensed premises stating the 2
following-- 3
(a) the number of entitlements the subject of the transfer; 4
(b) the name, and licence number, of the transferee licensee; 5
(c) the address of the transferee licensed premises; 6
(d) the period of the transfer. 7
Maximum penalty--20 penalty units. 8
`(3) The transferor licensee must keep the register mentioned in 9
subsection (2) available for inspection by an inspector. 10
Maximum penalty--20 penalty units. 11
`(4) The transferee licensee must, during the period of the transfer, 12
keep a register at the transferee licensed premises stating the 13
following-- 14
(a) the number of entitlements the subject of the transfer; 15
(b) the name, and licence number, of the transferor licensee; 16
(c) the address of the transferor licensed premises; 17
(d) the period of the transfer. 18
Maximum penalty--20 penalty units. 19
`(5) The transferee licensee must keep the register mentioned in 20
subsection (4) available for inspection by an inspector. 21
Maximum penalty--20 penalty units. 22
`Division 4 Entitlements of the State 23
`109ZA When entitlement becomes entitlement of the State 24
`(1) An entitlement of a licensee becomes an entitlement of the 25
State and stops being an entitlement of the licensee by 26
operation of this subsection if the licensee's gaming machine 27
licence-- 28
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 41]
(a) expires under section 72; or 1
(b) is not renewed under section 76; or 2
(c) lapses under section 80A(1); or 3
(d) is cancelled under section 96 because the licensee's 4
liquor licence is transferred, cancelled or surrendered; or 5
(e) is cancelled under section 97(16)(d) or (17)(a). 6
`(2) Subsection (3) applies if, at any time, the endorsed number of 7
entitlements for licensed premises is more than the approved 8
number of gaming machines for the licensed premises 9
because of-- 10
(a) the operation of section 80A(2) or 85AA(2) or (3); or 11
(b) the approval of a decrease proposal that is a request or 12
report under section 87(1); or 13
(c) other circumstances prescribed under a regulation. 14
`(3) The entitlements that are more in number than the approved 15
number of gaming machines for the licensed premises stop 16
being entitlements of a licensee and become entitlements of 17
the State by operation of this subsection. 18
`(4) A temporary transfer ends if the entitlement that is the subject 19
of the temporary transfer becomes an entitlement of the State 20
under subsection (1) or (3). 21
`109ZB Compensation is not payable 22
`No compensation is payable to a licensee or other person 23
because an entitlement of the licensee or person becomes an 24
entitlement of the State by operation of this Act. 25
`109ZC Sale of entitlement of the State 26
`An entitlement of the State may be sold only by an entity (an 27
entitlement selling entity), and in the way, prescribed under a 28
regulation. 29
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`109ZD Purchase of entitlement at authorised entitlements 1
sale 2
`(1) A person must not purchase an entitlement at an authorised 3
entitlements sale unless-- 4
(a) the person is a category 2 licensee; and 5
(b) the person has, for the category 2 licensed premises for 6
which the entitlement is purchased, an approved number 7
of gaming machines for the licensed premises that is 8
more than the sum of-- 9
(i) the endorsed number of entitlements for the 10
licensed premises; and 11
(ii) the number of entitlements for other licensed 12
premises that have been transferred to the licensee 13
on a temporary basis under division 3; and 14
(c) the licensed premises for which the entitlement is 15
purchased are located in the entitlement region for 16
which the authorised entitlements sale is conducted. 17
Maximum penalty--200 penalty units. 18
`(2) Subsection (1)(c) does not apply if the authorised entitlements 19
sale is conducted for the whole of Queensland. 20
`(3) A person must not, for category 2 licensed premises, purchase 21
at an authorised entitlements sale more than the number of 22
entitlements equal to the difference between-- 23
(a) the approved number of gaming machines for the 24
licensed premises; and 25
(b) the sum of-- 26
(i) the endorsed number of entitlements for the 27
licensed premises; and 28
(ii) the number of entitlements for other licensed 29
premises that have been transferred to the licensee 30
on a temporary basis under division 3. 31
Maximum penalty--200 penalty units. 32
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`109ZE Dealing with amount received on sale of entitlement 1
of the State 2
`If an entitlement of the State is sold at an authorised 3
entitlements sale, the entitlement selling entity must pay the 4
amount received for the entitlement into the community 5
investment fund established under section 314. 6
`Division 5 Miscellaneous 7
`109ZF Entitlement not to be encumbered 8
`An encumbrance to the extent it is over an entitlement is of 9
no effect. 10
`109ZG Change in endorsed number of entitlements for 11
licensed premises 12
`(1) This section applies if there is a change in the endorsed 13
number of entitlements for licensed premises other than 14
because of the transfer of an entitlement for the premises on a 15
permanent basis under division 2. 16
`(2) The licensee must, within 14 days after the day of the change, 17
give to the chief executive-- 18
(a) the licensee's gaming machine licence; and 19
(b) the fee prescribed under a regulation. 20
Maximum penalty--40 penalty units. 21
`(3) If the chief executive receives a gaming machine licence for a 22
licensee under subsection (2), the chief executive must as soon 23
as practicable-- 24
(a) replace the licensee's licence; and 25
(b) give the replacement licence to the licensee. 26
`(4) The replacement licence must include the following-- 27
(a) the information mentioned in section 68(2)(e); 28
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(b) the number of entitlements for the licensed premises 1
that have been transferred to the licensee of other 2
licensed premises on a temporary basis under division 3; 3
(c) the number of entitlements for other licensed premises 4
that have been transferred to the licensee on a temporary 5
basis under division 3; 6
(d) if the licensee received a notice under section 88A(1) or 7
(2) relating to a decision approving a decrease in the 8
approved number of gaming machines for the licensee's 9
licensed premises--the number of entitlements for the 10
licensed premises that must, under section 87(9), be 11
transferred on a permanent basis under division 2. 12
`109ZH Decrease in, or end of, temporary transfer of 13
entitlements 14
`(1) This section applies if there is-- 15
(a) a decrease in the number of entitlements for licensed 16
premises transferred by a transferor licensee to a 17
transferee licensee on a temporary basis under division 18
3; or 19
(b) an end to the transfer of entitlements by a transferor 20
licensee to a transferee licensee on a temporary basis 21
under division 3. 22
`(2) Each of the licensees must, within 14 days after the day of the 23
decrease mentioned in subsection (1)(a) or ending mentioned 24
in subsection (1)(b), give to the chief executive-- 25
(a) the licensee's gaming machine licence; and 26
(b) the fee prescribed under a regulation. 27
Maximum penalty--40 penalty units. 28
`(3) Subsection (2) does not apply to a licensee whose gaming 29
machine licence-- 30
(a) expires under section 72; or 31
(b) is not renewed under section 76; or 32
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(c) lapses under section 80A(1); or 1
(d) is cancelled under section 96 because the licensee's 2
liquor licence is cancelled or surrendered; or 3
(e) is cancelled under section 97(16)(d) or (17)(a). 4
`(4) If the chief executive receives a gaming machine licence for a 5
licensee under subsection (2), the chief executive must as soon 6
as practicable-- 7
(a) replace the licensee's licence; and 8
(b) give the replacement licence to the licensee. 9
`(5) The replacement licence must include the following-- 10
(a) the information mentioned in section 68(2)(e); 11
(b) the number of entitlements for the licensed premises 12
that have been transferred to the licensee of other 13
licensed premises on a temporary basis under division 3; 14
(c) the number of entitlements for other licensed premises 15
that have been transferred to the licensee on a temporary 16
basis under division 3; 17
(d) if the licensee received a notice under section 88A(1) or 18
(2) relating to a decision approving a decrease in the 19
approved number of gaming machines for the licensee's 20
licensed premises--the number of entitlements for the 21
licensed premises that must, under section 87(9), be 22
transferred on a permanent basis under division 2. 23
`109ZI Effect of appointment of controller 24
`(1) Subsection (2) applies if-- 25
(a) entitlements have been transferred to a licensee on a 26
temporary basis under division 3; and 27
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(b) a controller is appointed in relation to the property of the 1
licensee. 2
`(2) The temporary transfer of the entitlements ends on the day the 3
controller is appointed. 4
`(3) In this section-- 5
controller see the Corporations Act, section 9. 6
`109ZJ Review of provisions relating to entitlements 7
`The chief executive must, within 2 years after the 8
commencement of this section, start a review of the operation 9
of the provisions of this Act relating to entitlements.'. 10
Clause 42 Amendment of s 189 (Licensing requirements for 11
carrying out gaming duties on licensed premises) 12
(1) Section 189(1)-- 13
insert-- 14
`Note-- 15
See also section 189A(1).'. 16
(2) Section 189(2)-- 17
insert-- 18
`Note-- 19
See also section 189A(2).'. 20
Clause 43 Insertion of new s 189A 21
After section 189-- 22
insert-- 23
`189A Requirement to hold current responsible service of 24
gambling course certificate 25
`(1) Without limiting section 189(1), a person must not carry out 26
gaming duties or gaming tasks on licensed premises unless the 27
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person holds a current responsible service of gambling course 1
certificate. 2
Maximum penalty--40 penalty units. 3
`(2) Subsection (1) does not apply-- 4
(a) for a person who becomes an eligible licensee for the 5
premises after the commencement of this section--until 6
3 months after the person becomes an eligible licensee 7
for the premises; or 8
(b) for a person who becomes a nominee of the licensee for 9
the premises after the commencement of this 10
section--until 3 months after the person becomes a 11
nominee of the licensee for the premises; or 12
(c) for a person who starts to be employed by the licensee to 13
carry out gaming duties or gaming tasks on the premises 14
after the commencement of this section--until 3 months 15
after the start of the employment. 16
`(3) Without limiting section 189(2), a person must not employ or 17
allow, or cause another person to employ or allow, a person 18
(the employee) to carry out gaming duties or gaming tasks on 19
licensed premises unless the employee holds a current 20
responsible service of gambling course certificate. 21
Maximum penalty--40 penalty units. 22
`(4) Subsection (3) does not apply, in relation to a person who 23
starts to be employed to carry out gaming duties or gaming 24
tasks on the premises after the commencement of this section, 25
until 3 months after the start of the employment. 26
`(5) A licensee-- 27
(a) must keep a register containing the information 28
prescribed under a regulation about current responsible 29
service of gambling course certificates held by persons 30
carrying out gaming duties or gaming tasks on the 31
licensed premises; and 32
(b) must keep the register available for inspection by an 33
inspector at the premises. 34
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Maximum penalty--40 penalty units. 1
`(6) In this section-- 2
eligible licensee see section 189(15). 3
gaming tasks means tasks about the conduct of gaming 4
prescribed under a regulation. 5
responsible service of gambling course certificate means a 6
certificate in the approved form-- 7
(a) given to a person, for satisfactorily completing the 8
approved responsible service of gambling course, by a 9
person who holds an approval under part 10A as a 10
trainer for the course; and 11
(b) stating the certificate remains in force for 3 years after it 12
is given to the person.'. 13
Clause 44 Insertion of new s 261L 14
After section 261K-- 15
insert-- 16
`261L Distributing promotional or advertising material about 17
licensed premises 18
`A licensee must not distribute promotional or advertising 19
material about the licensee's licensed premises to a person 20
who the licensee knows or ought reasonably to know is 21
prohibited from entering or remaining in the licensed 22
premises, or a gaming machine area on the licensed premises, 23
under a self-exclusion order or exclusion direction. 24
Maximum penalty--40 penalty units.'. 25
Clause 45 Amendment of s 322 (Disposition of fees etc.) 26
Section 322(3A)-- 27
omit, insert-- 28
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`(3A) Despite subsection (3), the following amounts of the payment 1
assessed each month as gaming machine tax are controlled 2
receipts of the department-- 3
(a) the amount prescribed under a regulation multiplied by 4
the maximum number of operating authorities; 5
(b) the amount prescribed under a regulation multiplied by 6
the maximum number of entitlements.'. 7
Clause 46 Insertion of new pt 10A 8
After section 337-- 9
insert-- 10
`Part 10A Approved responsible service 11
of gambling course 12
`Division 1 Preliminary 13
`337A Definition for pt 10A 14
`In this part-- 15
approval means approval as a trainer for the approved 16
responsible service of gambling course. 17
`Division 2 Approval of course and trainer 18
`337B Approval of responsible service of gambling course 19
`The chief executive may approve a course as an approved 20
responsible service of gambling course if the chief executive 21
is satisfied the course gives adequate instruction about the 22
responsible service of gambling. 23
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`337C Applying for approval as trainer 1
`(1) A person may apply to the chief executive for an approval. 2
`(2) The application must be-- 3
(a) in the approved form; and 4
(b) accompanied by-- 5
(i) any documents, identified in the approved form, 6
the chief executive reasonably requires to decide 7
the application; and 8
(ii) the fee prescribed under a regulation. 9
`(3) The applicant must also provide any other relevant 10
information reasonably required by the chief executive to 11
decide the application. 12
`337D Deciding application 13
`(1) The chief executive must consider the application and either 14
grant or refuse to grant the application as soon as practicable 15
after the later of the following events happens-- 16
(a) the chief executive receives the application; 17
(b) the chief executive receives all necessary information to 18
decide the application. 19
`(2) The chief executive may grant the application only if the chief 20
executive is satisfied the applicant has the necessary expertise 21
or experience to conduct the approved responsible service of 22
gambling course. 23
`(3) Without limiting subsection (2), in deciding the application 24
the chief executive may have regard to each of the 25
following-- 26
(a) the applicant's knowledge of the Act; 27
(b) the applicant's experience in the gambling industry; 28
(c) if the applicant is, or has been, a licensee or licensed 29
person--the applicant's conduct in discharging the 30
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 46]
applicant's duties under this Act as a licensee or 1
licensed person; 2
(d) if the applicant has previously held an approval--the 3
applicant's previous conduct in discharging the 4
applicant's duties under this Act as a trainer for the 5
approved responsible service of gambling course. 6
`337E Grant of application 7
`(1) If the chief executive decides to grant the application, the 8
chief executive must, as soon as practicable, give the applicant 9
written notice of the decision. 10
`(2) The notice must state the term of the approval. 11
`(3) An approval remains in force, unless sooner cancelled, for the 12
period, of not more than 3 years, stated by the chief executive 13
in the notice given under subsection (1). 14
`337F Refusal to grant application 15
`If the chief executive decides to refuse to grant the 16
application, the chief executive must, as soon as practicable, 17
give the applicant an information notice for the decision. 18
`Division 3 Renewal of approvals 19
`337G Applying for renewal 20
`(1) A person may apply to the chief executive for renewal of the 21
person's approval. 22
`(2) The application may be made before, but no more than 3 23
months before, the last day of the term of the approval. 24
`(3) The application must be-- 25
(a) in the approved form; and 26
(b) accompanied by-- 27
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 46]
(i) any documents, identified in the approved form, 1
the chief executive reasonably requires to decide 2
the application; and 3
(ii) the fee prescribed under a regulation. 4
`(4) The applicant must also provide any other relevant 5
information reasonably required by the chief executive to 6
decide the application. 7
`337H Deciding application 8
`(1) The chief executive must consider the application and either 9
renew, or refuse to renew, the approval as soon as practicable 10
after the later of the following events happens-- 11
(a) the chief executive receives the application; 12
(b) the chief executive receives all necessary information to 13
decide the application. 14
`(2) The chief executive may renew the approval only if the chief 15
executive is satisfied the applicant has the necessary expertise 16
or experience to conduct the approved responsible service of 17
gambling course. 18
`(3) Without limiting subsection (2), in deciding the application 19
the chief executive may have regard to the same matters the 20
chief executive may have regard to under section 337D(3). 21
`337I Renewal of approval 22
`(1) If the chief executive decides to renew the approval, the chief 23
executive must as soon as practicable give the applicant 24
written notice of the decision. 25
`(2) The notice must state the term of the renewed approval. 26
`337J Refusal to renew approval 27
`If the chief executive decides to refuse to renew the approval, 28
the chief executive must, as soon as practicable, give the 29
applicant an information notice for the decision. 30
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
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`337K Approval continues pending decision about renewal 1
`(1) If a person applies for renewal of the person's approval under 2
section 337G, the approval is taken to continue in force from 3
the day it would, apart from this subsection, have ended until 4
the day on which the first of the following events happens-- 5
(a) the chief executive renews the approval; 6
(b) if the chief executive decides to refuse to renew the 7
approval--the chief executive gives the person an 8
information notice for the decision; 9
(c) the person withdraws the application for renewal; 10
(d) the application lapses under section 337L; 11
(e) the approval is cancelled under division 5. 12
`(2) If the chief executive renews the approval, the approval is 13
taken to have been renewed from the day it would, apart from 14
subsection (1), have ended. 15
`Division 4 Lapsing of applications 16
`337L Lapsing of application 17
`(1) This section applies if an application for an approval, or 18
renewal of an approval, is made under this part. 19
`(2) The chief executive may make a requirement under section 20
337C(3) or 337G(4) for information to decide the application 21
by giving the applicant a written notice stating-- 22
(a) the information required; and 23
(b) the time by which the information must be given to the 24
chief executive; and 25
(c) that, if the information is not given to the chief executive 26
by the stated time, the application will lapse. 27
`(3) The stated time must be reasonable and, in any case, at least 28
21 days after the requirement is made. 29
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
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`(4) The chief executive may give the applicant a further notice 1
extending, or further extending, the time if the chief executive 2
is satisfied it would be reasonable in all the circumstances to 3
give the extension. 4
`(5) A notice may be given under subsection (4), in relation to an 5
application for an approval, even if the time to which it relates 6
has lapsed. 7
`(6) If the applicant does not comply with the requirement within 8
the stated time, or any extension of the time, the application 9
lapses. 10
`Division 5 Cancellation of approvals 11
`337M Grounds for cancellation 12
`The chief executive may cancel a person's approval if the 13
chief executive believes on reasonable grounds-- 14
(a) the approval was granted in error or because of a 15
materially false or fraudulent document, statement or 16
representation; or 17
(b) the person-- 18
(i) is not conducting the approved responsible service 19
of gambling course in an appropriate way; or 20
(ii) no longer has the necessary expertise to conduct 21
the course. 22
`337N Procedure for cancellation 23
`(1) If the chief executive proposes to cancel a person's approval, 24
the chief executive must give the person a written notice 25
stating the following-- 26
(a) the chief executive proposes to cancel the approval; 27
(b) the grounds for the proposed cancellation; 28
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 47]
(c) the facts and circumstances that are the basis for the 1
grounds; 2
(d) that the person may make, within a stated period, written 3
representations to show why the approval should not be 4
cancelled. 5
`(2) The stated period must end at least 21 days after the person is 6
given the notice. 7
`(3) If, after considering all written representations made within 8
the stated period, the chief executive still believes a ground 9
exists to cancel the approval, the chief executive may cancel 10
the approval. 11
`(4) The chief executive must, as soon as practicable after making 12
a decision under subsection (3), give the person an 13
information notice for the decision. 14
`(5) The decision takes effect on-- 15
(a) the day the notice is given; or 16
(b) if a later day is stated in the notice--the stated day.'. 17
Clause 47 Amendment of s 366 (Regulation-making power) 18
Section 366(2)-- 19
insert-- 20
`(s) the maximum denomination of currency that may be 21
inserted in a note acceptor on licensed premises.'. 22
Clause 48 Insertion of new pt 12, div 14 23
After section 446-- 24
insert-- 25
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 48]
`Division 14 Provisions for Gambling and Other 1
Legislation Amendment Act 2009 2
`447 Definitions for div 14 3
In this division-- 4
category 2 licence means a gaming machine licence that 5
relates to category 2 licensed premises. 6
category 2 licensee means a club that is a category 2 licensee 7
on the commencement day. 8
commencement day means the day this section commences. 9
valid application means one of the following applications 10
received by the chief executive before 16 April 2008-- 11
(a) an application under section 56 for a category 2 licence; 12
(b) an application under section 61 for approval of premises 13
as additional premises to which a category 2 licence 14
relates; 15
(c) an application under section 81 to have the approved 16
number of gaming machines for category 2 licensed 17
premises increased. 18
`448 Allocation of entitlements on commencement day 19
`(1) Subsection (2) applies if a valid application was granted in 20
relation to category 2 licensed premises before the 21
commencement day. 22
`(2) On the commencement day, entitlements equal in number to 23
the approved number of gaming machines for the licensed 24
premises are allocated for the premises. 25
`(3) Subsection (4) applies if-- 26
(a) before the commencement day, a valid application was 27
granted in relation to category 2 licensed premises; and 28
(b) after the application was granted but before the 29
commencement day, the chief executive and the liquor 30
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 48]
licensing authority made arrangements under section 1
78-- 2
(i) to transfer a liquor licence to the premises; and 3
(ii) at the same time, to issue a new category 2 licence 4
for the premises. 5
`(4) For subsection (2), the valid application is taken to have been 6
made by the holder of the new category 2 licence for the 7
premises. 8
`(5) In this section-- 9
approved number of gaming machines, for licensed 10
premises, means-- 11
(a) the number of gaming machines approved for the 12
premises on the grant of a valid application; or 13
(b) if, on the commencement day, the approval of a gaming 14
machine mentioned in paragraph (a) is no longer in 15
force--the number of the gaming machines mentioned 16
in paragraph (a) for which an approval continues in 17
force. 18
`449 Allocation of entitlements after commencement day 19
`(1) Subsection (2) applies if a valid application is granted in 20
relation to category 2 licensed premises after the 21
commencement day. 22
`(2) On the granting of the valid application, entitlements equal in 23
number to the approved number of gaming machines for the 24
licensed premises are allocated for the premises. 25
`450 Replacement of gaming machine licence 26
`The chief executive must, as soon as practicable after 27
entitlements are allocated under section 448 or 449-- 28
(a) replace the gaming machine licence for each licensed 29
premises to which entitlements are allocated; and 30
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 48]
(b) give the replacement licence to the licensee for the 1
premises. 2
`451 Information for replacement gaming machine licence 3
`A replacement licence given to a licensee under section 450 4
must state-- 5
(a) the number of entitlements endorsed for each licensed 6
premises under the licence; and 7
(b) the entitlement region in which each of the licensed 8
premises are located. 9
`452 Transfer of entitlements allocated under s 448 or 449 10
`(1) This section applies to entitlements allocated under section 11
448 or 449. 12
`(2) Despite section 109M(5), the commission must not grant an 13
application for approval to transfer any of the entitlements 14
under part 3B, division 2 until the transferor licensee has 15
installed and is operating or has operated, on the transferor 16
licensed premises, the approved number of gaming machines 17
for the premises. 18
`453 Application of s 80A to category 2 licences granted 19
between 16 April 2008 and commencement day 20
`(1) This section applies to a category 2 licence for which an 21
application under section 56 was-- 22
(a) made on or after 16 April 2008; and 23
(b) granted before the commencement day. 24
`(2) Section 80A applies to the category 2 licence as if a reference 25
in the section to the day the licence was granted is a reference 26
to the commencement day. 27
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
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`454 Application of s 85AA if approval under s 83 granted 1
between 16 April 2008 and commencement 2
`(1) This section applies to a category 2 licence for which an 3
application under section 81 was-- 4
(a) made on or after 16 April 2008; and 5
(b) granted before the commencement day. 6
`(2) Section 85AA(2) to (7) applies to the category 2 licence as if a 7
reference in the section to the day the approval was given is a 8
reference to the commencement day. 9
`455 Requirements about transferor licensed 10
premises--s 109T 11
`For section 109T(6), section 109V(3) does not apply if-- 12
(a) the transferor licensee was notified under section 58, 63 13
or 83 on the granting of a valid application; and 14
(b) at the time the application was made under section 15
109T, the transferor licensee had installed, on the 16
licensed premises, the approved number of gaming 17
machines for the premises. 18
`456 Protection from liability 19
`(1) This section applies to the following applications received by 20
the chief executive on or after 16 April 2008 and before the 21
commencement of the Gambling and Other Legislation 22
Amendment Act 2009, section 41-- 23
(a) an application under section 56 for a category 2 licence; 24
(b) an application under section 61 for approval of premises 25
as additional premises to which a category 2 licence 26
relates; 27
(c) an application under section 81 to have the approved 28
number of gaming machines for category 2 licensed 29
premises increased. 30
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Part 4 Amendment of Gaming Machine Act 1991
[s 48]
`(2) The State, a departmental officer or a commissioner does not 1
incur civil liability for acting or failing to act in relation to the 2
application. 3
`(3) If a civil proceeding relating to the application was started 4
before the commencement day against the State, a 5
departmental officer or a commissioner, the proceeding is 6
stayed and the court dealing with the proceeding must dismiss 7
it. 8
`(4) In this section-- 9
commencement day means the day this section commences. 10
`457 Transitional provision for s 189A 11
`(1) Section 189A(1) does not apply until 1 July 2011 to a person 12
who, immediately before the commencement day, was-- 13
(a) an eligible licensee for licensed premises; or 14
(b) a nominee of the licensee for the premises; or 15
(c) employed by the licensee to carry out gaming duties or 16
gaming tasks on the premises. 17
`(2) Section 189A(3) does not apply until 1 July 2011 in relation to 18
a person who, immediately before the commencement day, 19
was employed to carry out gaming duties or gaming tasks on 20
licensed premises. 21
`458 Extension of transitional arrangement for s 189A 22
`(1) A person mentioned in section 457 may apply to the chief 23
executive for an extension, until 1 July 2013, of the period 24
during which section 189A(1) and (3) do not apply. 25
`(2) The application must be-- 26
(a) in the approved form; and 27
(b) accompanied by-- 28
(i) a statement of attainment certifying that the person 29
has, in Queensland during the period of 12 months 30
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 48]
immediately before the commencement of section 1
189A, achieved either of the following units of 2
competency-- 3
(A) SITHGAM003A (Provide responsible 4
gambling services) from the nationally 5
endorsed training package SIT07 (Tourism 6
hospitality and event management); 7
(B) THHADG03B (Provide responsible 8
gambling services) from the nationally 9
endorsed training package THH02 10
(Hospitality); and 11
(ii) the fee prescribed under a regulation; and 12
(c) given to the chief executive before 30 April 2011. 13
`(3) The applicant must also provide any other relevant 14
information reasonably required by the chief executive to 15
decide the application. 16
`(4) The chief executive must grant the application if the 17
requirements mentioned in subsections (2) and (3) are 18
satisfied. 19
`(5) If the chief executive grants the application, the chief 20
executive must give the applicant written notice of the 21
decision. 22
`(6) The chief executive must refuse to grant the application if the 23
requirements mentioned in subsections (2) and (3) are not 24
satisfied. 25
`(7) If the chief executive refuses to grant the application, the chief 26
executive must give the applicant a written notice stating the 27
decision and the reasons for the decision. 28
`(8) In this section-- 29
nationally endorsed see the Vocational Education, Training 30
and Employment Act 2000, schedule 3. 31
statement of attainment see the Vocational Education, 32
Training and Employment Act 2000, schedule 3. 33
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 49]
training package see the Vocational Education, Training and 1
Employment Act 2000, schedule 3. 2
unit of competency see the Vocational Education, Training 3
and Employment Act 2000, schedule 3.'. 4
Clause 49 Amendment of schedule (Dictionary) 5
(1) Schedule, definitions category 2 licensee, club liquor licence, 6
endorsed number and licensed premises-- 7
omit. 8
(2) Schedule-- 9
insert-- 10
`approved responsible service of gambling course means a 11
course approved by the chief executive under section 337B. 12
authorised entitlements sale means a sale of entitlements of 13
the State under section 109ZC. 14
category 2 licensee-- 15
(a) means a licensee whose gaming machine licence relates 16
to a category 2 licensed premises; and 17
(b) for part 3B, division 2, see section 109L. 18
community club licence means-- 19
(a) a licence mentioned in the Liquor Act 1992, section 20
58(1)(d); or 21
(b) an authority held by a non-proprietary club to sell liquor 22
under a Commonwealth Act; or 23
(c) a right to sell liquor held by a person as a subsidiary 24
operator that is a non-proprietary club. 25
endorsed number-- 26
(a) of operating authorities for licensed premises, means the 27
number of operating authorities stated on the gaming 28
machine licence for the licensed premises; or 29
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Part 4 Amendment of Gaming Machine Act 1991
[s 49]
(b) of entitlements for licensed premises, means the number 1
of entitlements stated on the gaming machine licence for 2
the licensed premises, other than the number of any 3
entitlements for other licensed premises that have been 4
transferred under part 3B, division 3 for use on a 5
temporary basis at the premises. 6
entitlement means an authorisation for a category 2 licensee 7
to, subject to this Act, install and operate a gaming machine 8
on category 2 licensed premises. 9
entitlement, of a category 2 licensee, means an entitlement 10
endorsed on the licensee's gaming machine licence as an 11
entitlement for licensed premises under the licence. 12
entitlement, of the State, means-- 13
(a) an entitlement that is an entitlement of the State under 14
section 78(6), 78A(8), 87(10), 91A(4), 95(2E) or 15
109ZA; or 16
(b) another entitlement, other than an entitlement that is-- 17
(i) allocated under section 448 or 449; or 18
(ii) transferred by operation of section 78(5) or 19
78A(7); or 20
(iii) purchased at an authorised entitlements sale. 21
entitlement region means a region of the State prescribed 22
under a regulation. 23
entitlement selling entity see section 109ZC. 24
licensed premises-- 25
(a) means premises on which a licensee is licensed to 26
conduct gaming; and 27
(b) for part 3B, division 2, see section 109L. 28
note acceptor means a device that accepts currency in 29
exchange for gaming machine credits. 30
transferee licensed premises-- 31
(a) for part 3B, division 2, see section 109L; and 32
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Gambling and Other Legislation Amendment Bill 2009
Part 4 Amendment of Gaming Machine Act 1991
[s 50]
(b) for part 3B, division 3, see section 109S. 1
transferee licensee-- 2
(a) for part 3B, division 2, see section 109L; and 3
(b) for part 3B, division 3, see section 109S. 4
transferor licensed premises-- 5
(a) for part 3B, division 2, see section 109L; and 6
(b) for part 3B, division 3, see section 109S. 7
transferor licensee-- 8
(a) for part 3B, division 2, see section 109L; and 9
(b) for part 3B, division 3, see section 109S.'. 10
Division 3 Amendment relating to the tribunal 11
Clause 50 Amendment of s 29 (Who may apply for a review by 12
tribunal) 13
Section 29-- 14
insert-- 15
`(11) Each of the following persons may apply, as provided under 16
the QCAT Act, to the tribunal for a review of the decision 17
stated for the person-- 18
(a) a person whose application for an approval under part 19
10A is not granted under section 337D(1); 20
(b) a person whose application for renewal of an approval 21
under part 10A is not granted under section 337H(1); 22
(c) a person whose approval under part 10A is cancelled 23
under section 337N(3).'. 24
Page 69
Gambling and Other Legislation Amendment Bill 2009
Part 5 Amendment of Interactive Gambling (Player Protection) Act 1998
[s 51]
Part 5 Amendment of Interactive 1
Gambling (Player Protection) 2
Act 1998 3
Clause 51 Act amended 4
This part amends the Interactive Gambling (Player 5
Protection) Act 1998. 6
Clause 52 Amendment of s 120 (Rules) 7
Section 120(2)-- 8
omit, insert-- 9
`(2) The Minister must notify the making of a rule in the gazette. 10
`(2A) A rule takes effect-- 11
(a) on the day the making of the rule is notified in the 12
gazette; or 13
(b) if a later day is stated in the Minister's notice or the 14
rule--on that day.'. 15
Clause 53 Insertion of new s 120A 16
After section 120-- 17
insert-- 18
`120A Rules to be made available etc. 19
`A licensed provider must, for an authorised game the 20
provider is authorised to conduct under part 2, division 2-- 21
(a) make a copy of the rules for the game available for 22
public inspection-- 23
(i) during ordinary office hours at the provider's 24
public office; and 25
(ii) on the provider's website on the internet; and 26
Page 70
Gambling and Other Legislation Amendment Bill 2009
Part 6 Amendment of Keno Act 1996
[s 54]
(b) give a copy of the rules for the game to each agent of the 1
provider. 2
Maximum penalty--40 penalty units.'. 3
Clause 54 Insertion of new s 137L 4
Part 7, division 5A-- 5
insert-- 6
`137L Distributing promotional or advertising material about 7
authorised games 8
`A licensed provider must not distribute promotional or 9
advertising material about authorised games conducted by the 10
provider to persons who the provider knows or ought 11
reasonably to know are prohibited from participating as a 12
player in the authorised games under a self-exclusion order or 13
exclusion direction. 14
Maximum penalty--40 penalty units.'. 15
Part 6 Amendment of Keno Act 1996 16
Clause 55 Act amended 17
This part amends the Keno Act 1996. 18
Clause 56 Amendment of s 138 (Keno rules) 19
Section 138(2)-- 20
omit, insert-- 21
`(2) The Minister must notify the making of a rule in the gazette. 22
`(3) A rule takes effect-- 23
(a) on the day the making of the rule is notified in the 24
gazette; or 25
Page 71
Gambling and Other Legislation Amendment Bill 2009
Part 6 Amendment of Keno Act 1996
[s 57]
(b) if a later day is stated in the Minister's notice or the 1
rule--on that day. 2
`(4) A keno licensee may make submissions to the Minister about 3
a rule or proposed rule.'. 4
Clause 57 Insertion of new s 138A 5
After section 138-- 6
insert-- 7
`138A Rules to be made available etc. 8
`A keno licensee must, for a keno game conducted by the 9
licensee under the licence-- 10
(a) make a copy of the rules for the game available for 11
public inspection on the licensee's website on the 12
internet; and 13
(b) give a copy of the rules for the game to each keno agent 14
of the licensee. 15
Maximum penalty--40 penalty units.'. 16
Clause 58 Amendment of s 147 (Deposit advance accounts) 17
(1) Section 147, heading `Deposit advance'-- 18
omit, insert-- 19
`Player'. 20
(2) Section 147(1) and (4), `deposit advance'-- 21
omit, insert-- 22
`player'. 23
Clause 59 Insertion of new s 154M 24
Part 8, division 3-- 25
insert-- 26
Page 72
Gambling and Other Legislation Amendment Bill 2009
Part 6 Amendment of Keno Act 1996
[s 60]
`154M Distributing promotional or advertising material about 1
approved place of operation 2
`An appointed agent must not distribute promotional or 3
advertising material about the agent's approved place of 4
operation to persons who the agent knows or ought reasonably 5
to know are prohibited from taking part in keno gaming at, or 6
entering or remaining in, the approved place of operation 7
under a self-exclusion order or exclusion direction. 8
Maximum penalty--40 penalty units.'. 9
Clause 60 Amendment of s 165 (Keno gaming by minors) 10
Section 165, `10'-- 11
omit, insert-- 12
`25'. 13
Clause 61 Amendment of s 166 (Allowing minors to take part in 14
keno gaming) 15
Section 166(1), `20'-- 16
omit, insert-- 17
`40'. 18
Clause 62 Insertion of new s 240A 19
After section 240-- 20
insert-- 21
`240A Commissioner of police service to notify changes in 22
criminal history 23
`(1) This section applies if-- 24
(a) the chief executive gives the commissioner of the police 25
service the name of a relevant person for this section; 26
and 27
(b) the commissioner reasonably suspects a person who is 28
charged with an offence is the relevant person. 29
Page 73
Gambling and Other Legislation Amendment Bill 2009
Part 6 Amendment of Keno Act 1996
[s 63]
`(2) The commissioner must notify the chief executive about the 1
change in the person's criminal history. 2
`(3) The notice must state the following-- 3
(a) the person's name and address; 4
(b) the person's date of birth; 5
(c) the offence the person is charged with; 6
(d) particulars of the offence; 7
(e) the date of the charge. 8
`(4) The chief executive may confirm the suspicions of the 9
commissioner of the police service under subsection (1). 10
`(5) In this section-- 11
relevant person means-- 12
(a) a licensed keno employee; or 13
(b) a keno licensee who is an individual; or 14
(c) an individual identified by the Minister as being a 15
business or executive associate of a keno licensee.'. 16
Clause 63 Amendment of s 243 (Regulation-making power) 17
Section 243(2)-- 18
insert-- 19
`(c) be about-- 20
(i) establishing, and operating, a player account; or 21
(ii) naming a wager on a keno game; or 22
(iii) drawing a keno game; or 23
(iv) the abatement of prizes of greater than a prescribed 24
amount; or 25
(v) refunding an amount wagered on a keno game; or 26
(vi) unpaid prize money.'. 27
Page 74
Gambling and Other Legislation Amendment Bill 2009
Part 7 Amendment of Liquor Act 1992
[s 64]
Clause 64 Amendment of sch 4 (Dictionary) 1
Schedule 4-- 2
insert-- 3
`player account means an account established under section 4
147.'. 5
Part 7 Amendment of Liquor Act 1992 6
Clause 65 Act amended 7
This part amends the Liquor Act 1992. 8
Clause 66 Amendment of s 4 (Definitions) 9
(1) Section 4, definition disciplinary action-- 10
insert-- 11
`(da) cancelling an extended trading hours approval endorsed 12
on the licence; or'. 13
(2) Section 4, definition member of a reciprocal club, `club 14
licence or restricted club permit'-- 15
omit, insert-- 16
`licence or permit'. 17
Clause 67 Omission of s 4D (Notes in text) 18
Section 4D-- 19
omit. 20
Clause 68 Amendment of s 9 (Ordinary trading hours) 21
Section 9(12), `general licence'-- 22
Page 75
Gambling and Other Legislation Amendment Bill 2009
Part 7 Amendment of Liquor Act 1992
[s 69]
omit, insert-- 1
`commercial hotel licence'. 2
Clause 69 Amendment of s 21 (Jurisdiction and powers of tribunal) 3
Section 21(1)-- 4
insert-- 5
`(ba) an extended trading hours approval including the grant, 6
refusal to grant or cancellation of the approval or any 7
variation of the conditions of the approval; or 8
(bb) the extension of a period of time under section 9
155AD(5)(b); or 10
(bc) the payment of a fee by instalments under section 209; 11
or'. 12
Clause 70 Amendment of s 78 (Restrictions on grant of community 13
club licence) 14
Section 78(2)(c), example, `general licence'-- 15
omit, insert-- 16
`commercial hotel licence'. 17
Clause 71 Amendment of s 84 (Authority of extended trading hours 18
approval) 19
Section 84-- 20
insert-- 21
`Note-- 22
Failure by a licensee to comply with the times or the conditions stated in 23
the licensee's extended trading hours approval is, under section 136, a 24
ground for the chief executive to take disciplinary action relating to the 25
licence under section 137.'. 26
Page 76
Gambling and Other Legislation Amendment Bill 2009
Part 7 Amendment of Liquor Act 1992
[s 72]
Clause 72 Insertion of new s 88 1
Part 4, division 7-- 2
insert-- 3
`88 Review of operation of extended trading hours 4
approval 5
`The chief executive may, at any time, review the conduct of a 6
licensee under an extended trading hours approval endorsed 7
on the licensee's licence.'. 8
Clause 73 Relocation and renumbering of pt 4, div 15 9
(1) Part 4, division 15, heading-- 10
relocate and renumber in part 5C as division 5, heading. 11
(2) Section 104A-- 12
relocate and renumber, in part 5C, division 5, as section 13
142ZF. 14
Clause 74 Amendment of s 103I (Hours to which application may 15
relate etc.) 16
Section 103I(1), (2), (4) and (6), `extended trading hours 17
permit'-- 18
omit, insert-- 19
`extended hours permit'. 20
Clause 75 Amendment of s 103J (Restriction on number of 21
extended trading hours permits for particular premises) 22
Section 103J, `extended trading hours permits'-- 23
omit, insert-- 24
`extended hours permits'. 25
Page 77
Gambling and Other Legislation Amendment Bill 2009
Part 7 Amendment of Liquor Act 1992
[s 76]
Clause 76 Amendment of s 103K (Restriction on grant of restricted 1
liquor permit and other related matters) 2
Section 103K(2)(a), after `the times,'-- 3
insert-- 4
`between 10a.m. and 12 midnight and'. 5
Clause 77 Amendment of s 106 (Who may apply for licence or 6
permit) 7
Section 106(4), `general licence'-- 8
omit, insert-- 9
`commercial hotel licence'. 10
Clause 78 Amendment of s 129 (Applications to continue trading in 11
certain circumstances) 12
(1) Section 129(4), `club licence'-- 13
omit, insert-- 14
`community club licence'. 15
(2) Section 129-- 16
insert-- 17
`(5) Despite subsections (1), (2) and (4), a person may apply to the 18
chief executive under this section only if the person is a 19
person who may make an application under section 106.'. 20
Clause 79 Amendment of s 136 (Grounds for disciplinary action) 21
Section 136(1)(a)(iii), after `licence'-- 22
insert-- 23
`or in an extended trading hours approval endorsed on the 24
licence'. 25
Page 78
Gambling and Other Legislation Amendment Bill 2009
Part 7 Amendment of Liquor Act 1992
[s 80]
Clause 80 Amendment of s 141 (Order to close premises for 1
unlawful trading) 2
Section 141(1)(a) and (b)-- 3
omit, insert-- 4
`(a) the licensee of the premises; or 5
(b) both an approved manager and an employee of the 6
licensee; or'. 7
Clause 81 Amendment of s 142AA (Application of div 5) 8
Section 142AA(2)(d)-- 9
omit. 10
Clause 82 Amendment of s 155 (Minors on premises) 11
Section 155(4), definition exempt minor, paragraph (d), `club 12
licence or restricted club permit'-- 13
omit, insert-- 14
`community club licence or restricted liquor permit'. 15
Clause 83 Amendment of s 155AD (Who must be present or 16
reasonably available at licensed premises etc.) 17
(1) Section 155AD(2) and (3)-- 18
omit, insert-- 19
`(2) If the licensee or permittee is a corporation, the licensee or 20
permittee must take reasonable steps to ensure that an 21
approved manager-- 22
(a) is present or reasonably available during the following 23
times at the licensed premises or premises to which the 24
permit relates-- 25
(i) ordinary trading hours; 26
(ii) approved extended trading hours between 7a.m. 27
and 10a.m.; and 28
Page 79
Gambling and Other Legislation Amendment Bill 2009
Part 7 Amendment of Liquor Act 1992
[s 83]
(b) is present during approved extended trading hours 1
between 12 midnight and 5a.m. at the licensed premises 2
or premises to which the permit relates. 3
Maximum penalty--50 penalty units. 4
`(3) If the licensee or permittee is an individual, the licensee or 5
permittee must-- 6
(a) be present or reasonably available, or take reasonable 7
steps to ensure that an approved manager is present or 8
reasonably available, during the following times at the 9
licensed premises or premises to which the permit 10
relates-- 11
(i) ordinary trading hours; 12
(ii) approved extended trading hours between 7a.m. 13
and 10a.m.; and 14
(b) be present, or take reasonable steps to ensure that an 15
approved manager is present, during approved extended 16
trading hours between 12 midnight and 5a.m. at the 17
licensed premises or premises to which the permit 18
relates. 19
Maximum penalty--50 penalty units.'. 20
(2) Section 155AD-- 21
insert-- 22
`(4A) Despite subsections (2)(a) and (3)(a), the chief executive may, 23
under section 107C, impose a condition on a licensee's 24
licence or a permittee's permit requiring-- 25
(a) if the licensee or permittee is a corporation--the 26
licensee or permittee to take reasonable steps to ensure 27
an approved manager is present during the times 28
mentioned in subsection (2)(a) at the licensed premises 29
or premises to which the permit relates; and 30
(b) if the licensee or permittee is an individual--the 31
licensee or permittee to be present, or take reasonable 32
steps to ensure an approved manager is present, during 33
Page 80
Gambling and Other Legislation Amendment Bill 2009
Part 7 Amendment of Liquor Act 1992
[s 84]
the times mentioned in subsection (3)(a) at the licensed 1
premises or premises to which the permit relates. 2
`(4B) Subsection 4A applies if the chief executive is satisfied the 3
condition is necessary for a purpose mentioned in section 4
107C(1).'. 5
(3) Section 155AD(5)(b), after `1 hour'-- 6
insert-- 7
`or, if the chief executive has decided to extend the period of 8
time for a particular licensee, permittee or approved manager, 9
the extended period of time.'. 10
(4) Section 155AD-- 11
insert-- 12
`(6) In deciding whether to extend the period of time for a 13
particular licensee, permittee or approved manager, the chief 14
executive must have regard to-- 15
(a) the principal activity, and the nature and extent of the 16
business, conducted under the licence or permit; and 17
(b) the location of the premises; and 18
(c) the availability of trained staff for the premises.'. 19
Clause 84 Insertion of new s 209 20
After section 208-- 21
insert-- 22
`209 Payment of fees by instalments 23
`(1) Subsection (2) applies if the chief executive is satisfied a 24
licensee is unable to pay in full, on the day prescribed under a 25
regulation, the fee payable in relation to a licence because-- 26
(a) the business conducted under authority of the licence 27
has been adversely affected by a natural disaster; or 28
(b) the licensee has suffered a personal hardship. 29
Page 81
Gambling and Other Legislation Amendment Bill 2009
Part 7 Amendment of Liquor Act 1992
[s 85]
`(2) Despite section 208(2), the chief executive may accept 1
payment of the fee under a schedule of instalments decided by 2
the chief executive. 3
`(3) If the licensee pays the fee in accordance with the schedule of 4
instalments-- 5
(a) the licensee is taken to have paid the fee by the day 6
prescribed for section 208(2); and 7
(b) the consequences of failing to pay the fee, provided for 8
under a regulation, do not apply to the licensee. 9
`(4) Financial hardship is not a personal hardship for subsection 10
(1).'. 11
Clause 85 Insertion of new pt 12, div 10 12
Part 12-- 13
insert-- 14
`Division 10 Transitional provisions for 15
Gambling and Other Legislation 16
Amendment Act 2009 17
`297 Definitions for div 10 18
commencement means the commencement of this section. 19
pre-amended Act means this Act as in force before the 20
commencement. 21
`298 Existing permit for trading on a regular basis between 22
12 midnight and 5a.m. 23
`(1) This section applies to a person who, immediately before the 24
commencement, held under the pre-amended Act an extended 25
hours permit that extended trading hours on a regular basis to 26
include trading at any time between midnight and 5a.m. 27
`(2) On the commencement-- 28
Page 82
Gambling and Other Legislation Amendment Bill 2009
Part 8 Amendment of Lotteries Act 1997
[s 86]
(a) the permit, to the extent it extends trading hours on a 1
regular basis to include trading at any time between 2
midnight and 5a.m, lapses; and 3
(b) the person is taken to hold an extended trading hours 4
approval for the hours mentioned in paragraph (a) and 5
on the same conditions as mentioned in the permit.'. 6
Part 8 Amendment of Lotteries Act 7
1997 8
Clause 86 Act amended 9
This part amends the Lotteries Act 1997. 10
Clause 87 Insertion of new s 7A 11
After section 7-- 12
insert-- 13
`7A Approval to conduct approved lottery in another State 14
or foreign country 15
`(1) A primary licensee must not conduct an approved lottery in 16
another State or foreign country unless the arrangement about 17
the conduct of the lottery in the other State or foreign country 18
is approved by the chief executive. 19
`(2) The chief executive may charge the primary licensee a fee 20
for-- 21
(a) giving the approval; and 22
(b) doing what is necessary under this Act to facilitate and 23
regulate the licensee's conduct of the approved lottery in 24
the other State or foreign country. 25
`(3) The Minister may enter into an agreement with the relevant 26
Minister of the other State or foreign country about any of the 27
following-- 28
Page 83
Gambling and Other Legislation Amendment Bill 2009
Part 8 Amendment of Lotteries Act 1997
[s 88]
(a) the taxation of lotteries and the sharing of tax revenue 1
derived from lotteries; 2
(b) collaboration between lottery officials and officers of 3
the other State or foreign country engaged in the 4
administration of the corresponding law of the other 5
State or foreign country; 6
(c) mutual recognition of licences and administrative acts 7
between the State, and the other State or foreign country. 8
`(4) In this section-- 9
corresponding law, of the other State or foreign country, 10
means the law of the other State or foreign country that 11
provides for the same matter as this Act or a provision of this 12
Act. 13
relevant Minister, of the other State or foreign country, means 14
the Minister, or equivalent officer holder, of the other State or 15
foreign country, with portfolio responsibility for lotteries 16
regulation or the taxation of lotteries.'. 17
Clause 88 Amendment of s 121 (Rules) 18
Section 121(2)-- 19
omit, insert-- 20
`(2) The Minister must notify the making of a rule in the gazette. 21
`(2A) A rule takes effect-- 22
(a) on the day the making of the rule is notified in the 23
gazette; or 24
(b) if a later day is stated in the Minister's notice or the 25
rule--on that day.'. 26
Clause 89 Amendment of s 121A (Rules to be made available) 27
Section 121A(a)-- 28
omit, insert-- 29
Page 84
Gambling and Other Legislation Amendment Bill 2009
Part 8 Amendment of Lotteries Act 1997
[s 90]
`(a) for each lottery stated in the lottery operator's licence, 1
make a copy of the rules available for public 2
inspection-- 3
(i) during ordinary office hours at the lottery 4
operator's public office; and 5
(ii) on the lottery operator's website on the internet; 6
and'. 7
Clause 90 Omission of s 126 (Price of lottery tickets) 8
Section 126-- 9
omit. 10
Clause 91 Amendment of s 149 (Participation by minors prohibited) 11
Section 149-- 12
insert-- 13
`(3) A minor must not participate in a lottery. 14
Maximum penalty--25 penalty units.'. 15
Clause 92 Insertion of new s 225A 16
After section 225-- 17
insert-- 18
`225A Commissioner of police service to notify changes in 19
criminal history 20
`(1) This section applies if-- 21
(a) the chief executive gives the commissioner of the police 22
service the name of a relevant person for this section; 23
and 24
(b) the commissioner reasonably suspects a person who is 25
charged with an offence is the relevant person. 26
`(2) The commissioner must notify the chief executive about the 27
change in the person's criminal history. 28
Page 85
Gambling and Other Legislation Amendment Bill 2009
Part 8 Amendment of Lotteries Act 1997
[s 93]
`(3) The notice must state the following-- 1
(a) the person's name and address; 2
(b) the person's date of birth; 3
(c) the offence the person is charged with; 4
(d) particulars of the offence; 5
(e) the date of the charge. 6
`(4) The chief executive may confirm the suspicions of the 7
commissioner of the police service under subsection (1). 8
`(5) In this section-- 9
relevant person means-- 10
(a) a licensed employee; or 11
(b) a primary licensee who is an individual; or 12
(c) an individual identified by the Minister as being a 13
business or executive associate of a primary licensee.'. 14
Clause 93 Amendment of s 228 (Regulation-making power) 15
Section 228(2)-- 16
insert-- 17
`(c) be about-- 18
(i) establishing, and operating, a player account; or 19
(ii) cancelling a lottery ticket; or 20
(iii) void lottery tickets; or 21
(iv) drawing a lottery, and publishing results of the 22
draw; or 23
(v) claiming a prize; or 24
(vi) distributing a prize pool; or 25
(vii) withdrawing unsold lottery tickets; or 26
(viii) prize payouts.'. 27
Page 86
Gambling and Other Legislation Amendment Bill 2009
Part 9 Amendment of Racing Act 2002
[s 94]
Clause 94 Amendment of sch 3 (Dictionary) 1
Schedule 3-- 2
insert-- 3
`player account means an account established by a lottery 4
operator for a person for use by the person in participating in a 5
lottery conducted by the lottery operator under the lottery 6
operator's licence.'. 7
Part 9 Amendment of Racing Act 2002 8
Clause 95 Act amended 9
This part amends the Racing Act 2002. 10
Clause 96 Amendment of s 113A (Definitions for pt 6) 11
Section 113A-- 12
insert-- 13
`document or information request see section 113EA. 14
wagering monitoring system means a system for monitoring 15
the wagering activity of a licensed wagering operator.'. 16
Clause 97 Insertion of new ss 113EA-113EC 17
After section 113E-- 18
insert-- 19
`113EA Standard condition of race information authority 20
`It is a condition of every race information authority that the 21
holder of the authority must, unless the holder has a 22
reasonable excuse-- 23
Page 87
Gambling and Other Legislation Amendment Bill 2009
Part 9 Amendment of Racing Act 2002
[s 97]
(a) take part, as required by the control body that issued the 1
authority, in a wagering monitoring system established 2
or nominated by the control body; and 3
(b) comply with all reasonable requests by the control body 4
to give the control body, within the reasonable time 5
stated in the request, information or documents about 6
bets placed with the holder (a document or information 7
request). 8
`113EB Use of documents or information by control body 9
`(1) A control body may use documents or information gained 10
from a wagering monitoring system or under a document or 11
information request only for-- 12
(a) monitoring wagering activity to detect possible breaches 13
of this Act or the control body's rules of racing; and 14
(b) taking investigative or enforcement action about the 15
possible breaches. 16
`(2) Subsection (1) does not prevent the control body from 17
providing the documents or information to the chief executive 18
or an authorised officer if required under another provision of 19
this Act. 20
`113EC Effect of providing documents or information about 21
wagering activity 22
`A person who is the holder of a race information authority or 23
an employee of the holder is not liable civilly, criminally or 24
under an administrative process for providing documents or 25
information about wagering activity-- 26
(a) by taking part in a wagering monitoring system; or 27
(b) in response to a document or information request.'. 28
Page 88
Gambling and Other Legislation Amendment Bill 2009
Part 10 Amendment of Residential Services (Accreditation) Act 2002
[s 98]
Clause 98 Amendment of s 334 (Types of offences) 1
Section 334(2), after `section'-- 2
insert-- 3
`113C,'. 4
Part 10 Amendment of Residential 5
Services (Accreditation) Act 6
2002 7
Clause 99 Act amended 8
This part amends the Residential Services (Accreditation) Act 9
2002. 10
Clause 100 Amendment of s 4 (Meaning of residential service) 11
Section 4(2)-- 12
omit, insert-- 13
`(2) Also, a service is a residential service-- 14
(a) if-- 15
(i) subsection (1)(a) and (b) apply to the service; and 16
(ii) in the course of the service, each of the residents-- 17
(A) has a right to occupy 1 or more rooms; and 18
(B) does not have a right to occupy the whole of 19
the premises in which the rooms are situated; 20
and 21
(C) is provided with a food service or personal 22
care service; or 23
Page 89
Gambling and Other Legislation Amendment Bill 2009
Part 10 Amendment of Residential Services (Accreditation) Act 2002
[s 101]
Example for subparagraph (ii)-- 1
a service, providing rental accommodation to older persons, in 2
which each of the residents occupies a self-contained unit and is 3
provided with a food service or personal care service 4
(b) if the service is provided under an aged rental scheme.'. 5
Clause 101 Amendment of s 6 (Meaning of service provider) 6
(1) Section 6(b)(ii)-- 7
renumber as section 6(b)(iii). 8
(2) Section 6(b)(i)-- 9
omit, insert-- 10
`(i) if the service is being conducted under an aged 11
rental scheme--the scheme operator; or 12
(ii) if the service is being conducted other than under 13
an aged rental scheme--the person conducting the 14
service; or'. 15
Clause 102 Insertion of new s 6A 16
Part 1, division 2-- 17
insert-- 18
`6A Meaning of aged rental scheme and scheme 19
operator 20
`(1) An aged rental scheme is a scheme under which-- 21
(a) accommodation, in return for the payment of rent, is 22
provided mainly to older members of the community or 23
retired persons; and 24
(b) the accommodation is provided to at least 4 persons who 25
have a right to occupy 2 or more self-contained units 26
either jointly or separately; and 27
(c) a food service or personal care service is provided to the 28
persons mentioned in paragraph (b). 29
Page 90
Gambling and Other Legislation Amendment Bill 2009
Part 10 Amendment of Residential Services (Accreditation) Act 2002
[s 103]
`(2) The person who, under the aged rental scheme, must provide 1
both of the following is the scheme operator of the scheme-- 2
(a) the accommodation; 3
(b) the food service or personal care service. 4
`(3) For subsection (2), a person provides accommodation and a 5
food service or a personal care service if-- 6
(a) the person-- 7
(i) owns or leases all or any of the self-contained units 8
used in the aged rental scheme; and 9
(ii) lets those units directly to residents in the course of 10
the residential service; and 11
(iii) provides, or arranges for the provision of, the food 12
service or personal care service; or 13
(b) the person (the letting agent), on behalf of the owners or 14
lessees of all or any of the self-contained units used in 15
the aged rental scheme-- 16
(i) lets or sub-lets the units to residents in the course 17
of the residential service, regardless of whether the 18
letting contract with the residents states the owner 19
(or lessee) or the letting agent as a party to the 20
letting contract; and 21
(ii) provides, or arranges for the provision of, the food 22
service or personal care service.'. 23
Clause 103 Amendment of pt 13 hdg (Transitional) 24
Part 13, heading, after `Transitional'-- 25
insert-- 26
`provisions for Residential Services (Accreditation) Act 27
2002'. 28
Clause 104 Insertion of new pt 14 29
After part 13-- 30
Page 91
Gambling and Other Legislation Amendment Bill 2009
Part 10 Amendment of Residential Services (Accreditation) Act 2002
[s 104]
insert-- 1
`Part 14 Transitional provisions for 2
Gambling and Other 3
Legislation Amendment Act 4
2009 5
`Division 1 Preliminary 6
`199 Definitions for pt 14 7
`In this part-- 8
apply for accreditation, of a part 14 continuing service, 9
means apply under part 3 for accreditation of the service. 10
apply for registration, of a part 14 continuing service, means 11
apply under part 2 for registration of the service. 12
commencement day means the day this section commences. 13
part 14 continuing service means an aged rental scheme that 14
was being conducted immediately before the commencement 15
day. 16
`Division 2 Registration of part 14 continuing 17
services 18
`200 Due day for applying for registration 19
`The due day for applying for registration of a part 14 20
continuing service is the day that is 6 months after the 21
commencement day. 22
`201 Application of pt 13, div 2 provisions 23
`Sections 187 to 192 (the applied provisions) apply to a part 24
14 continuing service as if, in the applied provisions-- 25
Page 92
Gambling and Other Legislation Amendment Bill 2009
Part 10 Amendment of Residential Services (Accreditation) Act 2002
[s 105]
(a) a reference to a continuing service were a reference to a 1
part 14 continuing service; and 2
(b) a reference to the commencement day were a reference 3
to the commencement day under this part; and 4
(c) a reference to the due day were a reference to the due 5
day under section 200; and 6
(d) a reference in section 192 to 2 years after the 7
commencement day were a reference to 6 months after 8
the commencement day under this part. 9
`Division 3 Accreditation of part 14 continuing 10
services 11
`202 Due day for applying for accreditation 12
`For section 35, 36 or 38, the due day for applying for level 1, 13
level 2 or level 3 accreditation of a part 14 continuing service 14
is the day that is 1 year after the commencement day. 15
`203 Compliance with building and fire safety 16
requirements 17
`An application for level 1 accreditation of a part 14 18
continuing service must be accompanied by-- 19
(a) a building compliance notice for the registered premises 20
issued within the previous 12 months; and 21
(b) the prescribed fire safety document for the registered 22
premises.'. 23
Clause 105 Amendment of sch 1 (Reviewable decisions) 24
Schedule 1, fifth entry, `applicant for registration of a 25
continuing service under part 13'-- 26
omit, insert-- 27
Page 93
Gambling and Other Legislation Amendment Bill 2009
Part 11 Amendment of Wagering Act 1998
[s 106]
`applicant for registration of a continuing service under part 1
13 or a part 14 continuing service under part 14'. 2
Clause 106 Amendment of sch 2 (Dictionary) 3
Schedule 2-- 4
insert-- 5
`aged rental scheme see section 6A. 6
apply for accreditation-- 7
(a) of a continuing service, see section 185; or 8
(b) of a part 14 continuing service, see section 199. 9
apply for registration-- 10
(a) of a continuing service, see section 185; or 11
(b) of a part 14 continuing service, see section 199. 12
commencement day-- 13
(a) for part 13, see section 185; or 14
(b) for part 14, see section 199. 15
continuing service, for part 13, see section 185. 16
due day, for part 13, see section 185. 17
part 14 continuing service see section 199. 18
scheme operator see section 6A.'. 19
Part 11 Amendment of Wagering Act 20
1998 21
Clause 107 Act amended 22
This part amends the Wagering Act 1998. 23
Page 94
Gambling and Other Legislation Amendment Bill 2009
Part 11 Amendment of Wagering Act 1998
[s 108]
Clause 108 Amendment of s 198 (Making rules) 1
Section 198(2)-- 2
omit, insert-- 3
`(2) The Minister must notify the making of a rule in the gazette. 4
`(2A) A rule takes effect-- 5
(a) on the day the making of the rule is notified in the 6
gazette; or 7
(b) if a later day is stated in the Minister's notice or the 8
rule--on that day.'. 9
Clause 109 Replacement of s 200 (Availability of rules for public 10
inspection) 11
Section 200-- 12
omit, insert-- 13
`200 Rules to be made available 14
`A general operator must make a copy of the rules available 15
for public inspection-- 16
(a) during ordinary office hours at each office of the 17
operator; and 18
(b) on the operator's website on the internet. 19
Maximum penalty--40 penalty units.'. 20
Clause 110 Insertion of new s 216M 21
Part 11, division 3-- 22
insert-- 23
`216M Distributing promotional or advertising material about 24
approved place of operation 25
`A general operator must not distribute promotional or 26
advertising material about the operator's approved place of 27
operation to persons who the operator knows or ought 28
reasonably to know are prohibited from taking part in 29
Page 95
Gambling and Other Legislation Amendment Bill 2009
Part 11 Amendment of Wagering Act 1998
[s 111]
approved wagering at, or entering or remaining in, the 1
approved place of operation under a self-exclusion order or 2
exclusion direction. 3
Maximum penalty--40 penalty units.'. 4
Clause 111 Amendment of s 227 (Participation by minors prohibited) 5
Section 227-- 6
insert-- 7
`(3) A minor must not take part in approved wagering. 8
Maximum penalty--25 penalty units.'. 9
Clause 112 Insertion of new s 308A 10
After section 308-- 11
insert-- 12
`308A Commissioner of police service to notify changes in 13
criminal history 14
`(1) This section applies if-- 15
(a) the chief executive gives the commissioner of the police 16
service the name of a relevant person for this section; 17
and 18
(b) the commissioner reasonably suspects a person who is 19
charged with an offence is the relevant person. 20
`(2) The commissioner must notify the chief executive about the 21
change in the person's criminal history. 22
`(3) The notice must state the following-- 23
(a) the person's name and address; 24
(b) the person's date of birth; 25
(c) the offence the person is charged with; 26
(d) particulars of the offence; 27
(e) the date of the charge. 28
Page 96
Gambling and Other Legislation Amendment Bill 2009
Part 11 Amendment of Wagering Act 1998
[s 113]
`(4) The chief executive may confirm the suspicions of the 1
commissioner of the police service under subsection (1). 2
`(5) In this section-- 3
relevant person means-- 4
(a) a licensed employee; or 5
(b) an authority holder who is an individual; or 6
(c) an individual identified by the Minister as being a 7
business or executive associate of an authority holder.'. 8
Clause 113 Amendment of s 312 (Regulation-making power) 9
Section 312(2)-- 10
insert-- 11
`(c) be about-- 12
(i) investments; or 13
(ii) an account in the name of an investor with a 14
licence operator; or 15
(iii) vouchers for use in place of money to make 16
investments; or 17
(iv) outcomes of events; or 18
(v) payouts; or 19
(vi) setting aside a portion of the total of all 20
investments made on a totalisator, and distributing 21
or paying the money set aside.'. 22
© State of Queensland 2009
Page 97
AMENDMENTS TO BILL
Gambling and Other Legislation Amendment Bill 2009
Gambling and Other Legislation
Amendment Bill 2009
Amendments agreed to during Consideration
1 New clauses 69A and 69B--
Page 76, after line 12--
insert--
`69A Amendment of s 64 (Authority of commercial special
facility licence)
`Section 64(1)--
omit, insert--
`(1) A commercial special facility licence authorises the
licensee--
(a) to sell liquor on the licensed premises, for consumption
on or off the premises, during the times stated in the
licence; and
(b) to sell liquor on the licensed premises, for consumption
on or off the premises, at any time to a resident on the
premises; and
(c) to sell liquor on the licensed premises, for consumption
on the premises, at any time to a guest of a resident on
the premises while the guest is in the resident's
company.'.
`69B Insertion of new s 65A
Part 4, division 3--
insert--
`65A Consumption of liquor on premises by residents and
guests
`Liquor supplied under the authority of a commercial special
facility licence to a resident on the licensed premises, or to a
Page 1
Gambling and Other Legislation Amendment Bill 2009
guest of a resident in the resident's company, for consumption
on the premises at any time other than during the times stated
in the licence, must be consumed in a residential unit on the
premises.'.'.
2 New clause 72A
Page 77, after line 8--
insert--
`72A Insertion of new pt 4, divs 8 and 9
Part 4--
insert--
`Division 8 Moratorium on extended trading
hours approvals
`89 Definitions for div 8
`In this division--
commencement means the commencement of this division.
delegate means a person to whom the chief executive may
delegate the chief executive's powers under section 42.
extended trading hours application means an application
made under division 7 for an extended trading hours approval
for premises between 12a.m. and 5a.m.
extended trading hours precinct means an area that--
(a) has a concentration of premises that have an extended
trading hours approval between 12a.m. and 5a.m; and
(b) is prescribed under a regulation.
moratorium period means--
(a) the period from 16 September 2009 to 15 September
2010, both days inclusive; and
(b) any extended period under section 95.
Page 2
Gambling and Other Legislation Amendment Bill 2009
`90 Restriction on making extended trading hours
applications
`(1) A person may not make an extended trading hours application
during the moratorium period.
`(2) An extended trading hours application made or purportedly
made during the moratorium period, whether before or after
the commencement, is of no effect.
`(3) Subsections (1) and (2) do not apply to premises that are in an
extended trading hours precinct.
`91 Treatment of certain applications for extended trading
hours approvals made before start of moratorium period
`(1) This section applies to an extended trading hours application
made to the chief executive before the start of the moratorium
period for premises that are not in an extended trading hours
precinct that, immediately before the commencement, the
chief executive had not finally decided.
`(2) The application must not be considered or further considered
by the chief executive until after the end of the moratorium
period.
`92 Certain proceedings in court or tribunal for extended
trading hours approvals taken to end
`(1) This section applies to a proceeding in a court or tribunal--
(a) commenced between the start of the moratorium period
and the commencement; and
(b) relating to an extended trading hours application for
premises that are not in an extended trading hours
precinct; and
(c) that has not been decided by the court or tribunal at the
commencement.
`(2) The proceeding is taken to end and must not be further
considered by the court or tribunal.
Page 3
Gambling and Other Legislation Amendment Bill 2009
`93 Certain court or tribunal decisions of no effect
`(1) This section applies to a decision of a court or tribunal before
the commencement--
(a) on a proceeding commenced between the start of the
moratorium period and the commencement; and
(b) relating to an extended trading hours application for
premises that are not in an extended trading hours
precinct.
`(2) The decision is taken to have no effect.
`94 Protection from liability
`(1) A decision of the chief executive under this division not to
consider or further consider an extended trading hours
application--
(a) is final and conclusive; and
(b) can not be challenged, appealed against, reviewed,
quashed, set aside or called in question in any other way,
under the Judicial Review Act 1991 or otherwise
(whether by the Supreme Court, another court, a tribunal
or another entity); and
(c) is not subject to any writ or order of the Supreme Court,
another court, a tribunal or another entity on any ground.
`(2) The State, the chief executive or a delegate does not incur civil
liability for acting, or failing to act, under this division in
relation to an extended trading hours application.
`(3) If a civil proceeding relating to an extended trading hours
application was started before the commencement against the
State, the chief executive or a delegate, the proceeding is
stayed and the court dealing with the proceeding must dismiss
it.
`95 Minister may extend moratorium period
`The Minister, by gazette notice, may extend the moratorium
period by a period not exceeding 3 months if satisfied that it
Page 4
Gambling and Other Legislation Amendment Bill 2009
would be in the public interest having regard to this Act's
object to regulate the liquor industry in a way compatible with
minimising harm caused by alcohol abuse and misuse.
`Division 9 Banning use of regular glass in
certain licensed premises
`96 Definitions for div 9
`In this division--
regular glass means glass other than tempered or toughened
glass.
regular glass container means a container made entirely or
partly of regular glass capable of holding a liquid, for
example, a drinking glass, bottle or jug.
glassing means an act of violence by a person that involves
the use of regular glass and causes injury to any person.
relevant period, for licensed premises, means the period of 1
year before a notice under section 98 is given.
`97 When all or part of licensed premises must be classified
as high risk
`(1) The chief executive may classify all or part of licensed
premises as high risk if the chief executive is satisfied--
(a) one or more glassings have happened at the premises
during the relevant period; or
(b) there has been a level of violence at the premises during
the relevant period that is unacceptable having regard to
this Act's object to regulate the liquor industry in a way
compatible with minimising harm caused by alcohol
abuse and misuse.
`(2) However, before classifying the premises or part of the
premises as high risk the chief executive must--
(a) give the licensee of the premises a written notice under
section 98; and
Page 5
Gambling and Other Legislation Amendment Bill 2009
(b) have regard to the licensee's response, if any, to the
notice.
Note--
A guideline may be made by the chief executive under section 42A
informing persons about the attitude the chief executive is to adopt on a
particular matter or how the chief executive administers this Act.
`98 Notice to licensee of licensed premises considered high
risk
`(1) If the chief executive considers that all or part of licensed
premises are high risk, the chief executive must give the
licensee of the premises a notice under this section.
`(2) The notice must state the following--
(a) that the chief executive considers all or a stated part of
the premises to be high risk;
(b) the reasons the chief executive considers the premises or
part to be high risk;
(c) an invitation to the licensee to show within a stated
period, not less than 14 days after the notice is given to
the licensee, why the premises or part should not be
classified as high risk.
Examples of parts of licensed premises that the chief executive may
decide not to classify as high risk--
accommodation rooms, restaurants, bottle shops
`99 Representations about notice
`(1) The licensee may make written representations about the
notice to the chief executive within the 14 day period.
`(2) The licensee may request that all or part of the licensed
premises not be classified as high risk.
`(3) The chief executive must consider all written representations
made under subsection (1).
Page 6
Gambling and Other Legislation Amendment Bill 2009
`99A Ending process without further action
`If, after considering any representations by the licensee, the
chief executive no longer considers the ground exists to
classify the licensed premises or part as proposed, the chief
executive--
(a) must not take further action about the classification of
the premises; and
(b) must, as soon as practicable, give notice to the licensee
that no further action will be taken about the
classification of the premises.
`99B Notice classifying relevant premises as high risk
`(1) This section applies if, after considering any representations
by the licensee under section 99, the chief executive still
considers all or part of licensed premises should be classified
as proposed.
`(2) The chief executive must give the licensee a written notice--
(a) classifying all or a stated part of the premises as high
risk; and
(b) stating the day from which the classification starts.
`(3) The notice under subsection (2) must not classify a part of the
premises not mentioned in the notice under section 98.
`99C Obligations of licensee who receives notice that licensed
premises are high risk
`(1) Subsection (2) applies to a licensee who receives a notice
under section 99B classifying all or a stated part of the
licensed premises as high risk.
`(2) The licensee must not at any time during the trading hours for
the premises or stated part--
(a) serve liquid to a patron in a regular glass container; or
(b) leave or place a regular glass container in an area to
which a patron has access.
Maximum penalty--100 penalty units.
Page 7
Gambling and Other Legislation Amendment Bill 2009
`99D When licensee may apply to end the banning of regular
glass in the licensed premises
`(1) This section applies if 1 year has elapsed since all or part of
licensed premises were classified as high risk.
`(2) The licensee may make written representations to the chief
executive to revoke the classification.
`(3) The chief executive may revoke the classification only if the
chief executive is satisfied that the licensee has put measures
in place at the licensed premises that sufficiently minimise the
risk of harm caused by alcohol abuse and misuse.
`99E Judicial review only to apply to chief executive's decision
`(1) A decision of the chief executive under this division--
(a) is final and conclusive; and
(b) can not be challenged, appealed against, reviewed,
quashed, set aside or called in question in any other way,
(whether by the Supreme Court, another court, a tribunal
or another entity); and
(c) is not subject to any writ or order of the Supreme Court,
another court, a tribunal or another entity on any ground.
`(2) However, subsection (1) does not limit the Judicial Review
Act 1991.
`99F Chief executive may publish details of classification of
premises on website
`The chief executive may publish details of licensed premises
or parts of licensed premises classified as high risk on a
website of the department on the internet.
Editor's note----
The department's website is .
Page 8
Gambling and Other Legislation Amendment Bill 2009
`99G Commissioner must provide information
`(1) The chief executive may ask the commissioner to give the
chief executive the information the chief executive requires to
decide whether to classify licensed premises as high risk
under this division.
`(2) Subject to subsection (3), the commissioner must provide the
information requested.
`(3) The obligation of the commissioner to comply with the chief
executive's request applies only to information in the
possession of the commissioner or to which the commissioner
has access.'.'.
3 New clause 77A
Page 78, after line 10--
insert--
`77A Amendment of s 121 (Matters the chief executive must
have regard to)
`Section 121(a)--
omit, insert--
`(a) if the application is an application to which section 116
applies--
(i) the matters mentioned in section 116(6); and
(ii) the public interest in so far as it relates to--
(A) the Act's object to regulate the liquor
industry in a way compatible with
minimising harm caused by alcohol abuse
and misuse; or
(B) the impact on the amenity of the community;
and'.'.
© State of Queensland 2009
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