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Queensland
GAMBLING LEGISLATION
AMENDMENT BILL 2002
Queensland
GAMBLING LEGISLATION AMENDMENT
BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--AMENDMENT OF CASINO CONTROL ACT 1982
3 Act amended in pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
5 Insertion of new s 35A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
35A Further information or documents to support application . . . . . . . . . 12
6 Amendment of s 36 (Requirement to apply for casino key employee
licence in certain cases). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
7 Amendment of s 37 (Consideration of application) . . . . . . . . . . . . . . . . . . . 13
8 Replacement of ss 38 and 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
38 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
39 Conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
39A Form of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
39C Changing conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
39D Recording change of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
39E Replacement of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
9 Replacement of ss 44 and 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 5--Suspension and cancellation of casino key employee and
casino employee licences
44 Grounds for suspension or cancellation. . . . . . . . . . . . . . . . . . . . . . . 17
44A Procedure for suspension or cancellation . . . . . . . . . . . . . . . . . . . . . 18
44B Considering representations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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Gambling Legislation Amendment Bill 2002
44C Ending show cause process without further action . . . . . . . . . . . . . . 19
44D Censuring licensee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
44E Direction to rectify. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
44F Suspension or cancellation of licence . . . . . . . . . . . . . . . . . . . . . . . . 21
44G Immediate suspension of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
10 Amendment of s 62 (Gaming equipment and chips). . . . . . . . . . . . . . . . . . . 23
11 Amendment of s 62A (Gaming equipment outside of casino) . . . . . . . . . . . 25
12 Amendment of s 63 (Casino games) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
13 Amendment of s 64A (Wagers other than permissible minimum and
maximum wagers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
14 Amendment of s 72 (Training courses for employees) . . . . . . . . . . . . . . . . . 26
15 Insertion of new ss 72A and 72B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
72A Advertising casinos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
72B Directions about advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
16 Amendment of s 76 (Books etc. to be kept on premises) . . . . . . . . . . . . . . . 27
17 Replacement of s 82 (Audit provisions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
82 Audit of operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
18 Insertion of new s 87A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
87A Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . 29
19 Insertion of new pt 9A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
PART 9A--APPEALS TO GAMING COMMISSION
91A Who may appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
91B Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
91C Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
91D Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
91E Power to gather evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
91F Powers of gaming commission on appeal . . . . . . . . . . . . . . . . . . . . . 32
91G Appeals to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
20 Amendment of s 92 (Entry to and exclusion of entry from casino) . . . . . . . 33
21 Amendment of s 93 (Appeal to Minister) . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
22 Amendment of s 127 (Regulations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
23 Insertion of new pt 11, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
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Gambling Legislation Amendment Bill 2002
Division 3--Transitional provisions for Gambling Legislation Amendment
Act 2002
130 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
131 Unredeemed keno dollars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
132 Dealing with existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . . 34
133 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
PART 3--AMENDMENT OF CHARITABLE AND NON-PROFIT
GAMING ACT 1999
24 Act amended in pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
25 Amendment of s 69 (Investigations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
26 Insertion of new s 100B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
100B Offences about using or modifying regulated general
gaming equipment .................................... 35
27 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
PART 4--AMENDMENT OF GAMING MACHINE ACT 1991
28 Act amended in pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
29 Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
30 Amendment of s 5 (Meaning of "associate") . . . . . . . . . . . . . . . . . . . . . . . . 38
31 Amendment of s 28 (Decisions or determinations of commission) . . . . . . . 38
32 Amendment of s 29 (Appeals to Minister) . . . . . . . . . . . . . . . . . . . . . . . . . . 39
33 Insertion of new s 29A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
29A Stay of operation of decision or determination . . . . . . . . . . . . . . . . . 39
34 Amendment of s 30 (Minister's determination of appeals). . . . . . . . . . . . . . 40
35 Insertion of new ss 30A-30C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
30A Powers of Minister on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
30B Minister to give reasons for decision . . . . . . . . . . . . . . . . . . . . . . . . . 41
30C Effect of Minister's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
36 Amendment of s 32 (Appeals to commission) . . . . . . . . . . . . . . . . . . . . . . . 42
37 Amendment of s 50 (Delegation by Minister). . . . . . . . . . . . . . . . . . . . . . . . 42
38 Amendment of s 51 (Delegation by commission). . . . . . . . . . . . . . . . . . . . . 42
39 Amendment of s 54 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
40 Amendment of s 57 (Recommendation by chief executive about
application for gaming machine licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
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Gambling Legislation Amendment Bill 2002
41 Amendment of s 58 (Decision on application for gaming machine
licence) ............................................ 43
42 Amendment of s 59 (Number of gaming machines and hours of
gaming to be fixed on grant of gaming licence) . . . . . . . . . . . . . . . . . . . . . . 43
43 Amendment of s 62 (Recommendation by chief executive about
additional premises application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
44 Amendment of s 74 (Imposition or variation of conditions). . . . . . . . . . . . . 45
45 Amendment of s 76 (Renewal and continuance of gaming machine
licences) ............................................. 45
46 Insertion of new s 80A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
80A When gaming machine licence lapses and number of approved
gaming machines changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
47 Amendment of s 82 (Recommendation by chief executive about
increase application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
48 Insertion of new s 85AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
85AA When approval lapses and number of additional gaming
machines changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
49 Amendment of s 86 (Proposals to decrease approved number of
gaming machines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
50 Amendment of s 91 (Relocation of gaming machine areas) . . . . . . . . . . . . . 49
51 Insertion of new pt 3, div 11A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 11A--Ceasing gaming at particular licensed premises
91A Ceasing gaming at licensed premises . . . . . . . . . . . . . . . . . . . . . . . . 49
91B Chief executive may amend or replace licence . . . . . . . . . . . . . . . . . 50
91C Dealing with gaming machines on ceasing the conduct of gaming. . 50
52 Amendment of s 95 (Surrender of gaming machine licences) . . . . . . . . . . . 51
53 Amendment of s 97 (Cancellation or suspension of gaming machine
licences and letters of censure) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
54 Amendment of s 98 (Immediate suspension of gaming machine licence) . . 51
55 Amendment of s 99 (Suspension of gaming machine licence for
non-payment of monthly fees, gaming tax or penalty) ........... 51
56 Amendment of s 104 (Recovery or disposal of gaming machines
and other property on cancellation or non-renewal of gaming
machine licence) ........................................... 52
57 Amendment of s 121 (Recommendation about application). . . . . . . . . . . . . 52
58 Amendment of s 123 (Conditions of licences) . . . . . . . . . . . . . . . . . . . . . . . 52
59 Amendment of s 131 (Renewal of licence--decision) . . . . . . . . . . . . . . . . . 52
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Gambling Legislation Amendment Bill 2002
60 Amendment of s 136 (Conducting investigations) . . . . . . . . . . . . . . . . . . . . 53
61 Replacement of ss 163-167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
163 Approved control system for supply operations . . . . . . . . . . . . . . . . 53
164 Control system submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
165 Control system (change) submission . . . . . . . . . . . . . . . . . . . . . . . . . 54
166 Dealing with submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
167 Direction to change approved control system . . . . . . . . . . . . . . . . . . 56
62 Amendment of s 173 (Submission of reports). . . . . . . . . . . . . . . . . . . . . . . . 56
63 Amendment of s 180 (Associated documents for audit report for
licensed monitoring operator) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
64 Amendment of s 191 (Certain persons must apply for gaming
employee's licence) ......................................... 57
65 Amendment of s 192 (Certain persons must apply for key monitoring
employee's licence) ......................................... 57
66 Amendment of s 200 (Recommendation by chief executive about
applications) ............................................. 58
67 Replacement of ss 201 and 202. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
201 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
202 Form of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
68 Amendment of s 205 (Conditions of licences) . . . . . . . . . . . . . . . . . . . . . . . 60
69 Replacement of s 206 (Variation of conditions imposed on a licence) . . . . . 60
206 Changing conditions of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
206A Recording change of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
70 Amendment of s 207 (Renewal and continuance of licences) . . . . . . . . . . . 61
71 Amendment of s 211 (Approving audit programs for licensed gaming
nominees and associates). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
72 Amendment of s 212 (Conducting investigations of licensed persons
and associates). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
73 Amendment of s 219 (Cancellation or suspension of licences under
this part) ................................................ 63
74 Replacement of s 220 (Immediate suspension of licences). . . . . . . . . . . . . . 64
220 Immediate suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
75 Amendment of s 222 (Notices to interested persons) . . . . . . . . . . . . . . . . . . 64
76 Amendment of s 224 (Provisional licences) . . . . . . . . . . . . . . . . . . . . . . . . . 65
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Gambling Legislation Amendment Bill 2002
77 Amendment of s 265 (Manufacture, sale, supply, obtaining or
possession of gaming machines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
78 Amendment of s 277 (Destruction of gaming machines) . . . . . . . . . . . . . . . 65
79 Amendment of s 338 (Certain persons not to play gaming machines) . . . . . 66
80 Insertion of new pt 12, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
Division 7--Transitional provisions for Gambling Legislation Amendment
Act 2002
404 Definition for div 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
405 Application of particular provisions to licensed major dealer
and secondary dealer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
406 Dealing with existing applications. . . . . . . . . . . . . . . . . . . . . . . . . . . 67
407 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
PART 5--AMENDMENT OF INTERACTIVE GAMBLING
(PLAYER PROTECTION) ACT 1998
81 Act amended in pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
82 Amendment of s 56 (Investigations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
83 Amendment of s 69 (Decision on application) . . . . . . . . . . . . . . . . . . . . . . . 68
84 Amendment of s 82 (Suspension and cancellation of key person licence) . . 68
85 Replacement of s 127 (Authorised games to be conducted under an
approved control system) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
127 Authorised games to be conducted under an approved control
system ........................................... 69
86 Amendment of s 254 (Starting appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
87 Amendment of s 261 (Delegations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
PART 6--AMENDMENT OF KENO ACT 1996
88 Act amended in pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
89 Amendment of s 36 (Investigations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
90 Amendment of s 53 (Decision about application). . . . . . . . . . . . . . . . . . . . . 70
91 Amendment of s 66 (Suspension and cancellation of licence) . . . . . . . . . . . 71
92 Replacement of s 117 (Keno games to be conducted under
approved control system) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
117 Keno games to be conducted under approved control system . . . . . . 71
93 Amendment of s 235 (Starting appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART 7--AMENDMENT OF LOTTERIES ACT 1997
94 Act amended in pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
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Gambling Legislation Amendment Bill 2002
95 Amendment of s 36 (Investigations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
96 Amendment of s 51 (Decision on application) . . . . . . . . . . . . . . . . . . . . . . . 72
97 Amendment of s 64 (Suspension and cancellation of key person licence) . . 72
98 Amendment of s 79 (Conditions for entering into agency agreement) . . . . . 73
99 Replacement of s 100 (Lotteries to be conducted under an
approved control system) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
100 Lottery to be conducted under an approved control system . . . . . . . 73
100 Insertion of new s 181A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
181A Direction about conduct of approved lottery . . . . . . . . . . . . . . . . . . . 74
101 Amendment of s 220 (Starting appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
102 Amendment of s 226 (Delegations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
PART 8--AMENDMENT OF WAGERING ACT 1998
103 Act amended in pt 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
104 Amendment of s 38 (Investigation of suitability of associates of
wagering licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
105 Amendment of s 108 (Decision on application) . . . . . . . . . . . . . . . . . . . . . . 75
106 Amendment of s 128 (Direction to rectify) . . . . . . . . . . . . . . . . . . . . . . . . . . 75
107 Amendment of s 165 (Liability to wagering tax) . . . . . . . . . . . . . . . . . . . . . 75
108 Replacement of s 173 (Approved control system required for
authorised wagering) ........................................ 76
173 Authorised wagering to be conducted under an approved
control system ..................................... 76
109 Amendment of s 297 (Starting appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
110 Amendment of s 309 (Delegations). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
PART 9--OTHER AMENDMENTS
111 Amendments for penalties--sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
112 Minor and consequential amendments--sch 2 . . . . . . . . . . . . . . . . . . . . . . . 77
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 78
AMENDMENTS FOR PENALTIES
CASINO CONTROL ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
GAMING MACHINE ACT 1991. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
KENO ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
WAGERING ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 81
8
Gambling Legislation Amendment Bill 2002
MINOR AND CONSEQUENTIAL AMENDMENTS
CASINO CONTROL ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
GAMING MACHINE ACT 1991. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
INTERACTIVE GAMBLING (PLAYER PROTECTION) ACT 1998 . . . . 97
JUDICIAL REVIEW ACT 1991. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
KENO ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
LOTTERIES ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
TOBACCO AND OTHER SMOKING PRODUCTS ACT 1998 . . . . . . . . 99
WAGERING ACT 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
2002
A BILL
FOR
An Act to amend the Casino Control Act 1982, Charitable and
Non-Profit Gaming Act 1999, Gaming Machine Act 1991,
Interactive Gambling (Player Protection) Act 1998, Keno Act 1996,
Lotteries Act 1997 and Wagering Act 1998, and for other purposes
s1 10 s4
Gambling Legislation Amendment Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
1 Short title
Clause 3
This Act may be cited as the Gambling Legislation Amendment 4
Act 2002. 5
2 Commencement
Clause 6
This Act commences on a day to be fixed by proclamation. 7
PART 2--AMENDMENT OF CASINO CONTROL 8
ACT 1982 9
3 Act amended in pt 2
Clause 10
This part amends the Casino Control Act 1982. 11
4 Amendment of s 4 (Interpretation)
Clause 12
(1) Section 4, heading-- 13
omit, insert-- 14
`4 Definitions'. 15
(2) Section 4(1), `In this Act--'-- 16
omit, insert-- 17
`The dictionary in the schedule defines particular words used in this 18
Act.'. 19
s4 11 s4
Gambling Legislation Amendment Bill 2002
(3) Section 4(1)-- 1
insert-- 2
` "accepted representations" see section 44B. 3
"gaming commission" means the Queensland Gaming Commission under 4
the Gaming Machine Act 1991. 5
"holder", of a casino key employee licence or a casino employee licence, 6
means the person to whom the licence is issued. 7
"information notice", for a decision of the chief executive, means a 8
written notice stating-- 9
(a) the decision; and 10
(b) the reasons for the decision; and 11
(c) that the person to whom the notice is given may appeal to the 12
gaming commission against the decision within 28 days after the 13
person receives the notice; and 14
(d) how the person may appeal to the gaming commission. 15
"registrar", of the gaming commission, means the officer or person 16
designated under a regulation under the Wagering Act 1998 as the 17
registrar of the commission. 18
"relevant casino operator", for part 4, division 2, means-- 19
(a) for a person who is asked, under section 36(1), to apply for a 20
casino key employee licence--the casino operator for whom the 21
chief executive reasonably believes the person is a casino key 22
employee; or 23
(b) for another person--the casino operator who intends to employ 24
the person as a casino key employee or a casino employee. 25
"show cause notice", for part 4, division 5, see section 44A(1)(a).'. 26
(4) Section 4(1), definition "approved keno game", after `see'-- 27
insert-- 28
`the'. 29
(5) Section 4(1), definition "casino key employee", paragraphs (b) and 30
(c), `, in the opinion of the Minister,'-- 31
omit. 32
s5 12 s5
Gambling Legislation Amendment Bill 2002
(6) Section 4(1), definition "casino key employee", paragraph (c), 1
`determined by the Minister'-- 2
omit, insert-- 3
`prescribed under a regulation'. 4
(7) Section 4(1), definition "casino operator", at the end of 5
paragraphs (a) and (b)-- 6
insert-- 7
`or'. 8
(8) Section 4(1), definition "casino operator", at the end of 9
paragraphs (d) and (e)-- 10
insert-- 11
`and'. 12
(9) Section 4(1), definitions (as amended)-- 13
relocate to the schedule as inserted by this Act. 14
5 Insertion of new s 35A
Clause 15
After section 35-- 16
insert-- 17
`35A Further information or documents to support application 18
`(1) The chief executive may, by written notice given to the applicant, 19
require the applicant to give the chief executive further information or a 20
document about the application within the reasonable time stated in the 21
notice. 22
`(2) The requirement must relate to information or a document that is 23
necessary and reasonable to help the chief executive decide the 24
application.'. 25
s6 13 s7
Gambling Legislation Amendment Bill 2002
6 Amendment of s 36 (Requirement to apply for casino key
Clause 1
employee licence in certain cases) 2
(1) Section 36(1) and (1A)-- 3
omit, insert-- 4
`(1) If the chief executive reasonably believes a person is a casino key 5
employee for a casino operator and is not the holder of a casino key 6
employee licence, the chief executive must, by written notice given to the 7
person, require the person to apply for a casino key employee licence 8
within 7 days after receiving the notice. 9
`(1A) The person must comply with the requirement within 7 days after 10
receiving the notice, unless the person has a reasonable excuse. 11
Maximum penalty--200 penalty units.'. 12
(2) Section 36(4), `Minister'-- 13
omit, insert-- 14
`chief executive'. 15
7 Amendment of s 37 (Consideration of application)
Clause 16
(1) Section 37(1), from `licensee;'-- 17
omit, insert-- 18
`licensee.'. 19
(2) Section 37(1A)-- 20
omit. 21
(3) Section 37(2), `making a recommendation'-- 22
omit, insert-- 23
`deciding the application'. 24
s8 14 s8
Gambling Legislation Amendment Bill 2002
8 Replacement of ss 38 and 39
Clause 1
Sections 38 and 39-- 2
omit, insert-- 3
`38 Decision on application 4
`(1) The chief executive must, after considering an application under this 5
part, either grant or refuse to grant the application. 6
`(2) If the chief executive decides to grant the application, the chief 7
executive must immediately-- 8
(a) issue the casino key employee licence or casino employee 9
licence to the applicant; and 10
(b) give written notice of its issue to the relevant casino operator. 11
`(3) If the chief executive decides to refuse to grant the application, the 12
chief executive must-- 13
(a) immediately give-- 14
(i) an information notice for the decision to the applicant; and 15
(ii) written notice of the decision to the relevant casino 16
operator; and 17
(b) as soon as practicable destroy the applicant's fingerprints taken 18
under section 37(1)(a). 19
`39 Conditions of licence 20
`(1) The chief executive may issue a casino key employee licence or a 21
casino employee licence on conditions the chief executive considers 22
necessary or desirable in the public interest or for the proper operation of a 23
casino. 24
`(2) If the chief executive decides to issue a casino key employee licence 25
or a casino employee licence on conditions the chief executive must 26
immediately-- 27
(a) give the applicant an information notice for the decision; and 28
(b) give a copy of the notice to the relevant casino operator. 29
s8 15 s8
Gambling Legislation Amendment Bill 2002
`39A Form of licence 1
`(1) A casino key employee licence and a casino employee licence must 2
be in the approved form. 3
`(2) The approved form must provide for the inclusion of the 4
following-- 5
(a) the name of the casino key employee licensee or casino 6
employee licensee; 7
(b) a recent photograph of the licensee; 8
(c) the date of issue of the licence; 9
(d) whether the licensee is a casino key employee or casino 10
employee; 11
(e) the conditions of the licence; 12
(f) other particulars prescribed under a regulation. 13
`39C Changing conditions of licence 14
`(1) The chief executive may decide to change the conditions of a casino 15
key employee licence or a casino employee licence if the chief executive 16
considers it is necessary or desirable to make the change in the public 17
interest or for the proper operation of a casino. 18
`(2) If the chief executive decides to change the conditions, the chief 19
executive must immediately-- 20
(a) give the holder of the licence-- 21
(i) written notice of the changed conditions; and 22
(ii) an information notice for the decision; and 23
(b) if the chief executive believes the holder is an employee of a 24
casino operator--give a copy of the information notice to the 25
casino operator. 26
`(3) A change of conditions takes effect on-- 27
(a) the day the information notice is given to the holder; or 28
(b) if a later day is stated in the notice--the later day. 29
`(4) The power of the chief executive to change the conditions of a 30
casino key employee licence or a casino employee licence includes the 31
power to add conditions to the licence. 32
s8 16 s8
Gambling Legislation Amendment Bill 2002
`39D Recording change of conditions 1
`(1) The holder of a casino key employee licence or a casino employee 2
licence must return the licence to the chief executive within 7 days after 3
receiving an information notice under section 39C(2)(a), unless the holder 4
has a reasonable excuse. 5
Maximum penalty--40 penalty units. 6
`(2) On receiving the licence, the chief executive must-- 7
(a) amend the licence to include the changed conditions and return it 8
to the holder; or 9
(b) give the holder a replacement licence showing the changed 10
conditions. 11
`(3) The amendment of the licence does not depend on it being amended 12
or replaced under this section. 13
`39E Replacement of licence 14
`(1) The holder of a casino key employee licence or a casino employee 15
licence may apply to the chief executive for a replacement licence if-- 16
(a) the licence has been damaged, destroyed or lost; or 17
(b) the holder has changed his or her name. 18
`(2) The application must be accompanied by the fee prescribed under a 19
regulation. 20
`(3) The chief executive must consider the application and either grant or 21
refuse to grant the application. 22
`(4) The chief executive may grant the application only if the chief 23
executive is satisfied-- 24
(a) for an application to replace a licence that has been damaged, 25
destroyed or lost--the licence has been damaged, destroyed or 26
lost; or 27
(b) for an application to replace a licence because of a change of 28
name--the holder of the licence has changed his or her name. 29
`(5) If the chief executive decides to grant the application, the chief 30
executive must immediately give the applicant a replacement licence. 31
`(6) If the chief executive decides to refuse to grant the application, the 32
chief executive must immediately-- 33
s9 17 s9
Gambling Legislation Amendment Bill 2002
(a) give the applicant an information notice for the decision; and 1
(b) if the chief executive believes the holder of the licence is an 2
employee of a casino operator--give a copy of the notice to the 3
casino operator.'. 4
9 Replacement of ss 44 and 45
Clause 5
Sections 44 and 45-- 6
omit, insert-- 7
`Division 5--Suspension and cancellation of casino key employee and 8
casino employee licences 9
`44 Grounds for suspension or cancellation 10
`(1) Each of the following is a ground for suspending or cancelling a 11
casino key employee licence or a casino employee licence-- 12
(a) the licence was issued because of a materially false or misleading 13
representation or document; 14
(b) the holder of the licence has a conviction, other than a spent 15
conviction, for-- 16
(i) an offence against this Act or a gaming Act; or 17
(ii) another offence that is an indictable offence, whether dealt 18
with on indictment or summarily; 19
(c) the holder of the licence-- 20
(i) is not a suitable person to hold the licence; or 21
(ii) acts in a way that is inappropriate for a casino's operations; 22
or 23
(iii) contravenes a provision of this Act, other than a provision a 24
contravention of which is an offence against this Act; or 25
(iv) contravenes a condition of the licence. 26
`(2) In deciding if the holder of a licence is a suitable person to hold the 27
licence, the chief executive may have regard to the matters mentioned in 28
section 37(1)(c)(i) to (iii).1 29
1 Section 37 (Consideration of application)
s9 18 s9
Gambling Legislation Amendment Bill 2002
`(3) For subsection (1)(c)(ii), the holder of a casino key employee 1
licence or a casino employee licence acts in a way that is inappropriate for 2
a casino's operations if the licensee does, or omits to do, an act that results 3
in-- 4
(a) the operation of the casino at which the licensee is employed not 5
being conducted under the system of internal controls and 6
administrative and accounting procedures approved by the chief 7
executive under section 752 for the casino's operations; and 8
(b) the integrity of the casino's operations being jeopardised. 9
`(4) In this section-- 10
"spent conviction" means a conviction-- 11
(a) for which the rehabilitation period under the Criminal Law 12
(Rehabilitation of Offenders) Act 1986 has expired under that 13
Act; and 14
(b) that is not revived as prescribed by section 11 of that Act. 15
`44A Procedure for suspension or cancellation 16
`(1) If the chief executive believes a ground exists to suspend or cancel a 17
casino key employee licence or a casino employee licence, the chief 18
executive must-- 19
(a) give the holder of the licence a written notice (a "show cause 20
notice"); or 21
(b) take action under section 44E3 if the chief executive considers-- 22
(i) a matter relating to the ground for suspension or 23
cancellation is reasonably capable of being rectified; and 24
(ii) it is appropriate to give the licence holder an opportunity to 25
rectify the matter without giving a show cause notice. 26
`(2) The show cause notice must state each of the following-- 27
(a) the action (the "proposed action") the chief executive proposes 28
taking under this division; 29
(b) the grounds for the proposed action; 30
2 Section 75 (Chief executive's approval)
3 Section 44E (Direction to rectify)
s9 19 s9
Gambling Legislation Amendment Bill 2002
(c) the facts and circumstances that are the basis for the grounds; 1
(d) if the proposed action is suspension of the licence--the 2
suspension period; 3
(e) that the holder may make, within a stated period, written 4
representations to show why the proposed action should not be 5
taken. 6
`(3) The stated period must end at least 21 days after the holder is given 7
the notice. 8
`(4) If the chief executive believes the holder is an employee of a casino 9
operator, the chief executive must immediately give a copy of the notice to 10
the casino operator. 11
`(5) The casino operator may make, within the stated period, written 12
representations to show why the proposed action should not be taken. 13
`44B Considering representations 14
`The chief executive must consider all written representations (the 15
"accepted representations") made under section 44A(2)(e) or (5). 16
`44C Ending show cause process without further action 17
`(1) This section applies if, after considering the accepted 18
representations, the chief executive no longer believes a ground exists to 19
suspend or cancel the casino key employee licence or casino employee 20
licence. 21
`(2) The chief executive-- 22
(a) must not take any further action about the show cause notice; and 23
(b) must give each of the following written notice stating that no 24
further action is to be taken-- 25
(i) the holder of the licence; 26
(ii) a casino operator to whom a copy of the show cause notice 27
was given under section 44A(4). 28
`44D Censuring licensee 29
`(1) This section applies if, after considering the accepted 30
representations, the chief executive still believes a ground exists to suspend 31
s9 20 s9
Gambling Legislation Amendment Bill 2002
or cancel the casino key employee licence or casino employee licence 1
but-- 2
(a) does not believe suspension or cancellation of the licence is 3
warranted; and 4
(b) does not consider it is appropriate to take action under 5
section 44E. 6
`(2) The chief executive may censure the holder for a matter relating to 7
the ground for suspension or cancellation. 8
`(3) If the chief executive decides to censure the holder, the chief 9
executive must give the holder an information notice for the decision. 10
`(4) If the chief executive believes the holder is an employee of a casino 11
operator, the chief executive must immediately give a copy of the 12
information notice to the casino operator. 13
`44E Direction to rectify 14
`(1) This section applies if, after considering the accepted 15
representations, the chief executive still believes a ground exists to suspend 16
or cancel the casino key employee licence or casino employee licence but 17
considers-- 18
(a) a matter relating to the ground for suspension or cancellation is 19
reasonably capable of being rectified; and 20
(b) that it is appropriate to give the holder of the licence an 21
opportunity to rectify the matter. 22
`(2) This section also applies if-- 23
(a) the chief executive has not given a show cause notice to the 24
holder of the casino key employee licence or casino employee 25
licence; and 26
(b) the chief executive believes a ground exists to suspend or cancel 27
the licence; and 28
(c) the chief executive considers-- 29
(i) a matter relating to the ground for suspension or 30
cancellation is reasonably capable of being rectified; and 31
(ii) that it is appropriate to give the holder of the licence an 32
opportunity to rectify the matter without giving a show 33
cause notice; and 34
s9 21 s9
Gambling Legislation Amendment Bill 2002
(d) the holder has been given-- 1
(i) written notice that the chief executive proposes to give a 2
direction under this section; and 3
(ii) a reasonable opportunity to make representations about the 4
proposed direction. 5
`(3) However, this section applies because of subsection (1) only if the 6
chief executive does not believe suspension or cancellation of the casino 7
key employee licence or the casino employee licence is warranted. 8
`(4) The chief executive may, by written notice given to the holder of the 9
licence, direct the holder to rectify the matter within the period stated in the 10
notice. 11
`(5) The notice must state the reason for the decision to give the 12
direction. 13
`(6) The period stated in the notice must be reasonable, having regard to 14
the nature of the matter to be rectified. 15
`(7) If the chief executive believes the holder is an employee of a casino 16
operator, the chief executive must immediately give a copy of the notice to 17
the casino operator. 18
`(8) The holder of a casino key employee licence or a casino employee 19
licence must comply with a direction under this section. 20
`44F Suspension or cancellation of licence 21
`(1) This section applies if, after considering the accepted 22
representations, the chief executive-- 23
(a) still believes a ground exists to suspend or cancel the casino key 24
employee licence or casino employee licence; and 25
(b) believes suspension or cancellation of the licence is warranted. 26
`(2) This section also applies if-- 27
(a) there are no accepted representations for the show cause notice; 28
or 29
(b) a direction to rectify a matter is given to the holder of the casino 30
key employee or casino employee licence under section 44E(4) 31
and the holder fails to comply with the direction within the 32
period stated in the notice for the direction. 33
s9 22 s9
Gambling Legislation Amendment Bill 2002
`(3) The chief executive may-- 1
(a) if the proposed action stated in the show cause notice is to 2
suspend the licence--suspend the licence for no longer than the 3
proposed suspension period; or 4
(b) if the proposed action stated in the show cause notice is to cancel 5
the licence--cancel the licence or suspend it for a period. 6
`(4) If the chief executive suspends or cancels the licence, the chief 7
executive must immediately-- 8
(a) give the holder of the licence an information notice for the 9
decision; and 10
(b) if the chief executive believes the holder is an employee of a 11
casino operator--give a copy of the information notice to the 12
casino operator. 13
`(5) The decision takes effect on-- 14
(a) the day the information notice is given to the holder; or 15
(b) if a later day is stated in the notice--the later day. 16
`(6) If the licence is cancelled, the person who held the licence must, 17
within 14 days after receiving the information notice for the decision, 18
return the licence to the chief executive. 19
Maximum penalty for subsection (6)--40 penalty units. 20
`44G Immediate suspension of licence 21
`(1) This section applies if the chief executive believes-- 22
(a) a ground exists to suspend or cancel a casino key employee 23
licence or a casino employee licence; and 24
(b) it is necessary to immediately suspend the licence-- 25
(i) in the public interest; or 26
(ii) to ensure the integrity of the conduct of casino operations is 27
not jeopardised. 28
`(2) The chief executive may immediately suspend the licence by written 29
notice given to the holder of the licence. 30
`(3) The notice must state the reason for the decision to immediately 31
suspend the licence. 32
s 10 23 s 10
Gambling Legislation Amendment Bill 2002
`(4) If the chief executive believes the holder of the licence is an 1
employee of a casino operator, the chief executive must give a copy of the 2
notice to the casino operator. 3
`(5) The chief executive must, within 7 days after giving the holder a 4
notice under subsection (2)-- 5
(a) give the holder a show cause notice; and 6
(b) if the chief executive believes the holder is an employee of a 7
casino operator--give a copy of the show cause notice to the 8
casino operator. 9
`(6) The licence is suspended under this section until the show cause 10
notice is finally dealt with.'. 11
10 Amendment of s 62 (Gaming equipment and chips)
Clause 12
(1) Section 62(4) to (6)-- 13
omit, insert-- 14
`(4) A casino operator must ensure a drop box or other receptacle (a 15
"deposit receptacle") used for the deposit of money, chips, vouchers, slips 16
or other papers at the casino (whether or not there is any thing in the 17
deposit receptacle) is fitted with 2 locks. 18
Maximum penalty--40 penalty units. 19
`(4A) A casino operator must ensure a gaming table to which a deposit 20
receptacle is attached is fitted with a lock that secures the deposit 21
receptacle to the gaming table. 22
Maximum penalty--40 penalty units. 23
`(4B) A casino operator must ensure a count room or storage area in 24
which a deposit receptacle is being used in connection with the operation 25
of the casino is fitted with 2 locks. 26
Maximum penalty--40 penalty units. 27
`(4C) A casino operator must-- 28
(a) ensure the keys of 1 of the locks mentioned in subsections (4) 29
and (4B) are under the exclusive control of the casino operator; 30
and 31
(b) give the keys of the other lock to an inspector at the casino. 32
Maximum penalty--40 penalty units. 33
s 10 24 s 10
Gambling Legislation Amendment Bill 2002
`(4D) A casino operator must ensure the keys of the lock mentioned in 1
subsection (4A) are under the exclusive control of the casino operator. 2
Maximum penalty--40 penalty units. 3
`(4E) A casino operator must ensure each lock mentioned in 4
subsection (4), (4A) or (4B) is not able to be unlocked by a key of any other 5
lock at the casino. 6
Maximum penalty--40 penalty units. 7
`(4F) A casino operator must ensure a deposit receptacle is not brought 8
into or removed from the area of the casino used for the conduct and 9
playing of games other than at a time and in a way approved by the chief 10
executive. 11
Maximum penalty--200 penalty units. 12
`(4G) A casino operator must ensure a deposit receptacle is not locked or 13
unlocked other than at a time, and in a place and way, approved by the chief 14
executive. 15
Maximum penalty--200 penalty units. 16
`(5) A casino operator must ensure that chips used, or for use, in the 17
casino are clearly and permanently impressed, engraved or imprinted 18
with-- 19
(a) the name of the casino or a symbol identifying the casino; and 20
(b) any other matters provided for under a regulation. 21
Maximum penalty--40 penalty units. 22
`(6) A casino operator must, before placing an order for chips with a 23
chips manufacturer, give the order to the chief executive for approval. 24
Maximum penalty--200 penalty units. 25
`(6A) A casino operator must not purchase chips from a chips 26
manufacturer other than a chips manufacturer approved by the chief 27
executive. 28
Maximum penalty--200 penalty units.'. 29
s 11 25 s 12
Gambling Legislation Amendment Bill 2002
11 Amendment of s 62A (Gaming equipment outside of casino)
Clause 1
Section 62A(1)-- 2
omit, insert-- 3
`(1) A casino operator must not operate gaming equipment outside of a 4
casino unless the casino operator has an approval under this section to 5
operate the gaming equipment. 6
Maximum penalty--200 penalty units. 7
`(2) A casino operator does not commit an offence under section 62(2) in 8
so far as the possession, maintenance or exhibition of gaming equipment is 9
merely incidental to the equipment being operated under an approval given 10
under this section.'. 11
12 Amendment of s 63 (Casino games)
Clause 12
(1) Section 63(6)-- 13
omit, insert-- 14
`(6) For each type of game, a casino operator must not conduct more 15
than the maximum number of that type approved by the Minister. 16
Maximum penalty--40 penalty units.'. 17
(2) Section 63(9)-- 18
omit, insert-- 19
`(8A) A casino operator must comply with a direction given to the 20
operator under subsection (8). 21
Maximum penalty--200 penalty units. 22
`(9) The casino operator must ensure that each game conducted in the 23
casino is conducted under the rules made under subsection (1) for the 24
game. 25
Maximum penalty--200 penalty units. 26
`(10) A casino key employee or a casino employee who is involved in the 27
conduct of a game at a casino must ensure the game is conducted under the 28
rules made under subsection (1) for the game. 29
Maximum penalty--40 penalty units.'. 30
s 13 26 s 15
Gambling Legislation Amendment Bill 2002
13 Amendment of s 64A (Wagers other than permissible minimum
Clause 1
and maximum wagers) 2
Section 64A(4)-- 3
omit, insert-- 4
`(4) If a patron makes a wager less than the permissible minimum wager, 5
or more than the permissible maximum wager, for a table or location, a 6
casino employee at the table or location must not accept the wager 7
unless-- 8
(a) the wager is made under an arrangement mentioned in 9
subsection (1); and 10
(b) the patron's document for the arrangement-- 11
(i) is on the table, or at the location, in front of the patron; and 12
(ii) is clearly visible to the employee. 13
Maximum penalty for subsection (4)--20 penalty units.'. 14
14 Amendment of s 72 (Training courses for employees)
Clause 15
Section 72(2)-- 16
omit, insert-- 17
`(2) In providing a training course mentioned in subsection (1), a casino 18
operator must ensure-- 19
(a) the course is provided by the casino operator or, with the chief 20
executive's approval, by the casino operator's nominee; and 21
(b) the course complies with the content, format and duration, 22
approved by the chief executive, for the course. 23
Maximum penalty--40 penalty units.'. 24
15 Insertion of new ss 72A and 72B
Clause 25
Part 6, after section 72-- 26
insert-- 27
`72A Advertising casinos 28
`An advertisement about a casino must-- 29
(a) not be indecent or offensive; and 30
s 16 27 s 16
Gambling Legislation Amendment Bill 2002
(b) not be false, deceptive or misleading in a material particular; and 1
(c) be based on fact. 2
`72B Directions about advertising 3
`(1) If the chief executive reasonably believes an advertisement about a 4
casino does not comply with section 72A, the chief executive may direct 5
the person who appears to be responsible for authorising the advertisement 6
to take the appropriate steps-- 7
(a) to stop using the advertisement; or 8
(b) to change the advertisement. 9
`(2) The direction must-- 10
(a) be in writing; and 11
(b) state the grounds for the direction; and 12
(c) for a direction to change the advertisement--state how the 13
advertisement is to be changed. 14
`(3) A person to whom a direction is given must comply with the 15
direction, unless the person has a reasonable excuse. 16
Maximum penalty--200 penalty units.'. 17
16 Amendment of s 76 (Books etc. to be kept on premises)
Clause 18
(1) Section 76, heading-- 19
omit, insert-- 20
`76 Keeping books, records and documents'. 21
(2) Section 76(3)-- 22
omit, insert-- 23
`(3) The casino operator must keep a book, record or document 24
mentioned in subsection (1) for 5 years after the end of the transaction to 25
which the book, record or document relates. 26
Maximum penalty--200 penalty units. 27
`(4) Subsection (3) does not apply to a book, record or document if-- 28
s 17 28 s 17
Gambling Legislation Amendment Bill 2002
(a) the information previously contained in the book, record or 1
document is kept in another way under an approval of the chief 2
executive; or 3
(b) the book, record or document has been destroyed under an 4
approval of the chief executive. 5
`(5) Subsection (3) has effect subject to any other law about the retention 6
or destruction of the book, record or document.'. 7
17 Replacement of s 82 (Audit provisions)
Clause 8
Section 82-- 9
omit, insert-- 10
`82 Audit of operations 11
`(1) As soon as practicable after the end of each financial year, a casino 12
operator must have the operator's books, accounts and financial statements 13
for the operation of the operator's hotel-casino complex or casino for the 14
financial year audited by a person who-- 15
(a) is a registered company auditor under the Corporations Act; and 16
(b) is approved by the chief executive to conduct the audit. 17
Maximum penalty--200 penalty units. 18
`(2) The auditor must-- 19
(a) complete the audit within 4 months after the end of the financial 20
year; and 21
(b) immediately after completion of the audit, give a copy of the 22
audit report to the chief executive and casino operator. 23
Maximum penalty--40 penalty units. 24
`(3) Subsection (2)(a) does not apply to the auditor if, in the 25
circumstances, it would be unreasonable to require the auditor to comply 26
with the paragraph and the auditor completes the audit as soon as 27
practicable.'. 28
s 18 29 s 18
Gambling Legislation Amendment Bill 2002
18 Insertion of new s 87A
Clause 1
After section 87-- 2
insert-- 3
`87A Power to require name and address 4
`(1) This section applies if-- 5
(a) an inspector finds a person committing or attempting to commit 6
an offence against this Act; or 7
(b) an inspector finds a person in circumstances that lead, or has 8
information that leads, the inspector to reasonably suspect the 9
person is committing, or has committed, an offence against this 10
Act. 11
`(2) The inspector may require the person to state the person's name and 12
residential address. 13
`(3) When making the requirement, the inspector must warn the person it 14
is an offence to fail to state the person's name or residential address, unless 15
the person has a reasonable excuse. 16
`(4) The inspector may also require the person to give evidence of the 17
correctness of the stated name or residential address if-- 18
(a) the inspector reasonably suspects the stated name or address to 19
be false; and 20
(b) in the circumstances, it would be reasonable to expect the person 21
to-- 22
(i) be in possession of evidence of the correctness of the stated 23
name and address; or 24
(ii) otherwise be able to give the evidence. 25
`(5) A person of whom a requirement is made under subsection (2) or (4) 26
must comply with the requirement, unless the person has a reasonable 27
excuse. 28
Maximum penalty--40 penalty units. 29
`(6) A person does not commit an offence against subsection (5) if-- 30
(a) the person was required by an inspector who suspected the 31
person was committing or attempting to commit, or had 32
committed, an offence against this Act, to state the person's name 33
s 19 30 s 19
Gambling Legislation Amendment Bill 2002
and residential address or to give evidence of the correctness of 1
the stated name or residential address; and 2
(b) the person is not proved to have committed the offence.'. 3
19 Insertion of new pt 9A
Clause 4
Before part 10-- 5
insert-- 6
`PART 9A--APPEALS TO GAMING COMMISSION 7
`91A Who may appeal 8
`A person who is or was an applicant for, or a holder of, a casino key 9
employee licence or a casino employee licence may appeal to the gaming 10
commission against the following decisions of the chief executive-- 11
(a) a decision, under section 38(1), refusing to grant an application 12
for the licence; 13
(b) a decision, under section 39, imposing a condition on the licence; 14
(c) a decision, under section 39C(1), changing a condition of the 15
licence; 16
(d) a decision, under section 39E(3), refusing to grant an application 17
to replace the licence; 18
(e) a decision, under section 44D(2), censuring the holder of the 19
licence; 20
(f) a decision, under section 44F(3)(a) or (b), suspending the 21
licence; 22
(g) a decision, under section 44F(3)(b), cancelling the licence. 23
`91B Starting appeal 24
`(1) An appeal is started by-- 25
(a) filing a notice of appeal with the registrar of the gaming 26
commission; and 27
(b) serving a copy of the notice on the chief executive. 28
`(2) The notice of appeal must be-- 29
s 19 31 s 19
Gambling Legislation Amendment Bill 2002
(a) accompanied by the fee prescribed under a regulation; and 1
(b) filed within 28 days after the appellant receives the information 2
notice for the decision. 3
`(3) The gaming commission may at any time extend the period for filing 4
the notice of appeal. 5
`(4) The notice of appeal must state fully the grounds, and the facts 6
relied on, for the appeal. 7
`91C Stay of operation of decision 8
`(1) The gaming commission may grant a stay of the operation of a 9
decision appealed against to secure the effectiveness of the appeal. 10
`(2) The stay-- 11
(a) may be granted on conditions the gaming commission considers 12
appropriate; and 13
(b) has effect for the period stated by the commission; and 14
(c) may be amended or revoked by the commission. 15
`(3) The period of the stay must not extend past the time when the 16
commission decides the appeal. 17
`(4) An appeal against a decision does not affect the operation of the 18
decision unless the commission stays the decision. 19
`91D Hearing procedures 20
`(1) In deciding an appeal, the gaming commission-- 21
(a) has the same powers as the chief executive in making the 22
decision appealed against; and 23
(b) is not bound by the rules of evidence; and 24
(c) must comply with natural justice; and 25
(d) may hear the appeal in public or in private. 26
`(2) An appeal is by way of rehearing unaffected by the decision 27
appealed against on the material before the chief executive and any further 28
evidence allowed by the gaming commission. 29
s 19 32 s 19
Gambling Legislation Amendment Bill 2002
`91E Power to gather evidence 1
`(1) The gaming commission may, by written notice signed by the 2
registrar of the gaming commission, require a person-- 3
(a) to give written answers to questions, or produce a document, 4
stated in the notice for an appeal mentioned in the notice; or 5
(b) to appear before the gaming commission at a stated time and 6
place to answer questions, or produce a stated document, relating 7
to an appeal mentioned in the notice. 8
`(2) The answers mentioned in subsection (1)(b) must, if the notice 9
requires, be verified by statutory declaration. 10
`(3) A person must not, without reasonable excuse-- 11
(a) fail to comply with a requirement under subsection (1) or (2); or 12
(b) if appearing for examination before the gaming commission-- 13
(i) fail to take or make an oath when required by a member of 14
the commission or the registrar; or 15
(ii) fail to answer a question relevant to the appeal to the best of 16
the person's knowledge, information or belief. 17
Maximum penalty--40 penalty units. 18
`(4) A member of the gaming commission may administer an oath to a 19
person appearing before the commission for examination. 20
`(5) It is a reasonable excuse for a person to fail to comply with a 21
requirement to answer a question or produce a document if complying with 22
the requirement might tend to incriminate the person. 23
`91F Powers of gaming commission on appeal 24
`(1) In deciding an appeal, the gaming commission may-- 25
(a) confirm the decision appealed against; or 26
(b) set aside the decision and substitute the commission's own 27
decision; or 28
(c) set aside the decision and return the issue to the chief executive 29
with the directions the commission considers appropriate. 30
`(2) A decision of the gaming commission under subsection (1)(b) is, 31
other than for this part, taken to be the decision of the chief executive. 32
s 20 33 s 23
Gambling Legislation Amendment Bill 2002
`91G Appeals to District Court 1
`An appeal lies to the District Court from a decision of the gaming 2
commission, but only on a question of law.'. 3
20 Amendment of s 92 (Entry to and exclusion of entry from casino)
Clause 4
Section 92(3)-- 5
insert-- 6
`(d) the safety of a dependant, or someone in the care, of the person, 7
is at risk because of the person's presence in the casino.'. 8
21 Amendment of s 93 (Appeal to Minister)
Clause 9
Section 93(1), `may appeal'-- 10
omit, insert-- 11
`may, within 3 months after the day the person receives the direction, 12
appeal'. 13
22 Amendment of s 127 (Regulations)
Clause 14
Section 127(2)(h), `10 penalty units'-- 15
omit, insert-- 16
`20 penalty units'. 17
23 Insertion of new pt 11, div 3
Clause 18
After section 129-- 19
insert-- 20
`Division 3--Transitional provisions for Gambling Legislation 21
Amendment Act 2002 22
`130 Definition for div 3 23
`In this division-- 24
"commencement" means the commencement of the provision in which 25
the term is used. 26
s 23 34 s 23
Gambling Legislation Amendment Bill 2002
`131 Unredeemed keno dollars 1
`(1) This section applies to keno dollars that would have been capable of 2
being used or redeemed under this Act before 23 June 1997 at a casino. 3
`(2) The keno dollars may be redeemed for cash with the casino operator 4
only within 1 year after the commencement. 5
`(3) The casino operator must pay unredeemed keno dollars by cheque to 6
the chief executive as soon as practicable after the keno dollars become 7
unredeemed keno dollars. 8
`(4) In this section-- 9
"unredeemed keno dollars" means keno dollars that are not redeemed for 10
cash within 1 year after the commencement. 11
`132 Dealing with existing applications 12
`(1) This section applies to an application for a casino key employee 13
licence or a casino employee licence made under section 35(1) and not 14
decided before the commencement. 15
`(2) The application must be decided under this Act as in force 16
immediately after the commencement. 17
`133 Appeals 18
`(1) Subsection (2) applies if-- 19
(a) immediately before the commencement a person could have 20
appealed against a direction, under section 92, of a casino 21
operator or a casino manager; and 22
(b) the person has not appealed before the commencement. 23
`(2) Despite section 93(1), the person may appeal, and the Minister may 24
hear and decide the appeal under this Act.'. 25
s 24 35 s 26
Gambling Legislation Amendment Bill 2002
PART 3--AMENDMENT OF CHARITABLE AND 1
NON-PROFIT GAMING ACT 1999 2
24 Act amended in pt 3
Clause 3
This part amends the Charitable and Non-Profit Gaming Act 1999. 4
25 Amendment of s 69 (Investigations)
Clause 5
Section 69(4)-- 6
insert-- 7
`(d) the associate-- 8
(i) was a business or executive associate of the licensee when 9
the licensee applied for the licence; and 10
(ii) has not been investigated under section 48(2).4'. 11
26 Insertion of new s 100B
Clause 12
Part 5, division 9, after section 100A-- 13
insert-- 14
`100B Offences about using or modifying regulated general 15
gaming equipment 16
`(1) A person must not use regulated general gaming equipment in 17
conducting a game unless the equipment is approved equipment. 18
Maximum penalty--40 penalty units. 19
`(2) A person must not modify approved equipment unless the 20
modification is approved under section 100(1). 21
Maximum penalty--40 penalty units. 22
`(3) In this section-- 23
"approved equipment" means regulated general gaming equipment 24
approved under section 100(1).'. 25
4 Section 48 (Investigations of suitability of applicant)
s 27 36 s 29
Gambling Legislation Amendment Bill 2002
27 Amendment of sch 2 (Dictionary)
Clause 1
Schedule 2, definition "regulated general gaming equipment", 2
paragraphs (a) and (b)-- 3
omit, insert-- 4
`(a) a lucky envelope vending machine with an electronic or 5
computer controlled random number generator; or 6
(b) equipment with an electronic or computer controlled random 7
number generator intended for the conduct of an art union, bingo 8
or a promotional game; or'. 9
PART 4--AMENDMENT OF GAMING MACHINE 10
ACT 1991 11
28 Act amended in pt 4
Clause 12
This part amends the Gaming Machine Act 1991. 13
29 Amendment of s 2 (Definitions)
Clause 14
(1) Section 2, `In this Act--'-- 15
omit, insert-- 16
`The dictionary in the schedule defines particular words used in this 17
Act.'. 18
(2) Section 2, definitions "parent entity" and "supporting material" for 19
an application for a licence under part 5-- 20
omit. 21
(3) Section 2-- 22
insert-- 23
` "associates (contractors) audit program" means an audit program, for 24
investigating associates of licensed service contractors, approved 25
under section 211(1)(b). 26
s 29 37 s 29
Gambling Legislation Amendment Bill 2002
"associates (repairers) audit program" means an audit program, for 1
investigating associates of licensed repairers, approved under 2
section 211(1)(b). 3
"contractors audit program" means an audit program, for investigating 4
licensed service contractors, approved under section 211(1)(a). 5
"holder", of a licence under this Act, means the person to whom the 6
licence is issued. 7
"repairers audit program" means an audit program, for investigating 8
licensed repairers, approved under section 211(1)(a). 9
"supporting material", for an application for a licence under part 5, 10
means any information or document received by the chief executive in 11
response to a notice given under section 200(3)(a) about the 12
application.'. 13
(4) Section 2, definition "administered receipt", after `see'-- 14
insert-- 15
`the'. 16
(5) Section 2, definition "approved authority", paragraph (b), 17
`Authority'-- 18
omit, insert-- 19
`Service'. 20
(6) Section 2, definition "approved financier", paragraph (b)-- 21
omit, insert-- 22
`(b) a registered entity under the Financial Sector (Collection of 23
Data) Act 2001 (Cwlth)'. 24
(7) Section 2, definition "control system", from `licensed'-- 25
omit, insert-- 26
`licensed supplier of the supplier's supply operations.'. 27
(8) Section 2, definitions "licensed repairer" and "licensed service 28
contractor", from `licence,'-- 29
omit, insert-- 30
`licence in force under this Act.'. 31
s 30 38 s 31
Gambling Legislation Amendment Bill 2002
(9) Section 2, definition "progressive jackpot prize meter", `the 1
licensee'-- 2
omit, insert-- 3
`a licensee or licensed monitoring operator'. 4
(10) Section 2, definitions (as amended)-- 5
relocate to the schedule as inserted by this Act. 6
30 Amendment of s 5 (Meaning of "associate")
Clause 7
(1) Section 5(a)(xii), `holds a controlling interest'-- 8
omit, insert-- 9
`has a substantial holding'. 10
(2) Section 5(a)(xiii)-- 11
omit, insert-- 12
`(xiii)if the person is a body corporate--a person who has a 13
substantial holding in the body corporate;'. 14
(3) Section 5(b), `hold a controlling interest'-- 15
omit, insert-- 16
`have a substantial holding'. 17
(4) Section 5(b), `15%'-- 18
omit, insert-- 19
`5%'. 20
31 Amendment of s 28 (Decisions or determinations of commission)
Clause 21
(1) Section 28(1)-- 22
omit. 23
(2) Section 28(5), `section 29(5)'-- 24
omit, insert-- 25
`section 29A(1)'. 26
(3) Section 28(2) to (5)-- 27
renumber as section 28(1) to (4). 28
s 32 39 s 33
Gambling Legislation Amendment Bill 2002
32 Amendment of s 29 (Appeals to Minister)
Clause 1
(1) Section 29(2)(d), `14 days of the date when'-- 2
omit, insert-- 3
`28 days after the day'. 4
(2) Section 29(5)-- 5
omit. 6
(3) Section 29(9)(b), from `that'-- 7
omit, insert-- 8
`that is-- 9
(i) for premises mentioned in section 56(2)(c)--less than the 10
number sought in the relevant application for the premises 11
and less than the number approved for the premises at the 12
time the application is made; or 13
(ii) for other premises--less than the number sought in the 14
relevant application for the premises; or'. 15
(4) Section 29(9)(n) to (r)-- 16
omit. 17
(5) Section 29(10)(e) to (g)-- 18
omit. 19
33 Insertion of new s 29A
Clause 20
After section 29-- 21
insert-- 22
`29A Stay of operation of decision or determination 23
`(1) The Minister may grant a stay of the operation of a decision or 24
determination appealed against under section 29, other than a decision of 25
the chief executive under section 99.5 26
`(2) Before granting a stay under subsection (1) the Minister must have 27
regard to whether the integrity of gaming and the conduct of gaming will 28
5 Section 99 (Suspension of gaming machine licence for non-payment of gaming
machine tax, levy or penalty)
s 34 40 s 35
Gambling Legislation Amendment Bill 2002
be jeopardised, or the public interest will be adversely affected, if the stay 1
is granted. 2
`(3) The stay-- 3
(a) may be granted on conditions the Minister considers appropriate; 4
and 5
(b) has effect for the period stated by the Minister; and 6
(c) may be amended or revoked by the Minister. 7
`(4) The period of the stay must not extend past the time when the 8
Minister decides the appeal. 9
`(5) An appeal against a decision or determination does not affect the 10
operation of the decision or determination unless the Minister stays the 11
decision or determination.'. 12
34 Amendment of s 30 (Minister's determination of appeals)
Clause 13
(1) Section 30(1), from `relevant;'-- 14
omit, insert-- 15
`relevant to the appeal.'. 16
(2) Section 30(2) to (5)-- 17
omit. 18
35 Insertion of new ss 30A-30C
Clause 19
After section 30-- 20
insert-- 21
`30A Powers of Minister on appeal 22
`(1) On an appeal, the Minister may make any decision that the entity 23
that made the decision appealed against could have made. 24
`(2) Without limiting subsection (1), the Minister may-- 25
(a) confirm the decision or determination appealed against; or 26
(b) set aside the decision or determination and substitute the 27
Minister's own decision; or 28
(c) set aside the decision or determination and return the matter to 29
the commission or chief executive for further consideration. 30
s 35 41 s 35
Gambling Legislation Amendment Bill 2002
`(3) Before making a decision under this section, the Minister must have 1
regard to whether the integrity of gaming and the conduct of gaming will 2
be jeopardised, or the public interest will be adversely affected, by the 3
decision. 4
`(4) If the Minister takes action as mentioned in subsection (2)(c), the 5
Minister may provide the commission or chief executive with any 6
information or documents the Minister considers relevant to the matter the 7
subject of the appeal. 8
`30B Minister to give reasons for decision 9
`(1) A decision of the Minister under section 30A(1) must-- 10
(a) be in writing; and 11
(b) state the decision and the reasons for the decision. 12
`(2) As soon as practicable after the Minister makes the decision, the 13
Minister must give each party to the appeal written notice about the 14
decision. 15
`30C Effect of Minister's decision 16
`(1) The Minister's decision relating to an appeal takes effect when it is 17
given or the later date stated in the decision. 18
`(2) A decision of the Minister under section 30A(2)(b) is, other than for 19
section 29(1), taken to be the decision of the entity that made the decision 20
appealed against. 21
`(3) Subsection (4) applies if, under section 30A(2)(c), the Minister sets 22
aside a decision or determination and returns the matter to the commission 23
or chief executive for further consideration. 24
`(4) Despite section 29(1), a decision of the commission or chief 25
executive about the matter after further consideration of the matter is not a 26
decision to which section 29 applies.'. 27
s 36 42 s 38
Gambling Legislation Amendment Bill 2002
36 Amendment of s 32 (Appeals to commission)
Clause 1
Section 32, before subsection (1)-- 2
insert-- 3
`(1A) A person who is or was an applicant for, or a holder of, a licence 4
under this Act may appeal to the commission against the following 5
decisions of the chief executive-- 6
(a) a decision, under section 196, 197 or 201(1), refusing to grant an 7
application for the licence; 8
(b) a decision, under section 205, imposing a condition on the 9
licence; 10
(c) a decision, under section 206(1), changing a condition of the 11
licence; 12
(d) a decision, under section 207, refusing to renew the licence; 13
(e) a decision, under section 219(12)(b) or (14), censuring the holder 14
of the licence; 15
(f) a decision, under section 219(12) or (13), cancelling or 16
suspending the licence; 17
(g) a decision, under section 220(2), suspending the licence.'. 18
37 Amendment of s 50 (Delegation by Minister)
Clause 19
Section 50(2), definition "designated powers", paragraph (c)-- 20
omit. 21
38 Amendment of s 51 (Delegation by commission)
Clause 22
Section 51(2), definition "designated powers", from `sections'-- 23
omit, insert-- 24
`sections 97(16) and (17), 98, 147 and 336.6'. 25
6 Sections 97 (Cancellation or suspension of gaming machine licences and letters of
censure), 98 (Immediate suspension of gaming machine licences), 147 (Decision of
commission) and 336 (Review and termination of agreements)
s 39 43 s 42
Gambling Legislation Amendment Bill 2002
39 Amendment of s 54 (Secrecy)
Clause 1
Section 54(8), `subsection (6)'-- 2
omit, insert-- 3
`subsection (6)(c)' 4
40 Amendment of s 57 (Recommendation by chief executive about
Clause 5
application for gaming machine licence) 6
Section 57-- 7
insert-- 8
`(10A) A recommendation to grant a gaming machine licence may be 9
subject to the reasonable conditions the chief executive considers 10
appropriate having regard to-- 11
(a) the nature or character of the subject premises; or 12
(b) the general use of the premises or the enjoyment of persons using 13
the premises; or 14
(c) the public interest.'. 15
41 Amendment of s 58 (Decision on application for gaming machine
Clause 16
licence) 17
Section 58-- 18
insert-- 19
`(9A) If the commission decides to impose, under section 73(1)(b),7 a 20
condition on the licence, the chief executive must immediately give the 21
applicant an information notice for the decision.'. 22
42 Amendment of s 59 (Number of gaming machines and hours of
Clause 23
gaming to be fixed on grant of gaming licence) 24
(1) Section 59, heading, `gaming licence'-- 25
omit, insert-- 26
`gaming machine licence'. 27
7 Section 73 (Conditions of gaming machine licences)
s 43 44 s 43
Gambling Legislation Amendment Bill 2002
(2) Section 59-- 1
insert-- 2
`(2A) Despite subsection (2)(a)(i), if the application is in relation to 3
category 1 licensed premises mentioned in section 56(2)(c),8 the number of 4
machines that may be installed on the premises must not be more than the 5
number approved for the premises at the time the application is made.'. 6
(3) Section 59-- 7
insert-- 8
`(3A) If the number of gaming machines fixed for premises mentioned in 9
subsection (2A) is less than the number sought in the application but not 10
less than the number approved for the premises at the time the application 11
is made, the chief executive must immediately give written notice of the 12
decision to the applicant.'. 13
(4) Section 59-- 14
insert-- 15
`(5) Subsection (4) does not apply to an application to which 16
subsection (3A) applies.'. 17
43 Amendment of s 62 (Recommendation by chief executive about
Clause 18
additional premises application) 19
Section 62-- 20
insert-- 21
`(9A) A recommendation that approval of the additional premises be 22
given may be subject to the reasonable conditions the chief executive 23
considers appropriate having regard to-- 24
(a) the nature or character of the additional premises; or 25
(b) the general use of the premises or the enjoyment of persons using 26
the premises; or 27
(c) the public interest.'. 28
8 Section 56 (Application for gaming machine licences)
s 44 45 s 46
Gambling Legislation Amendment Bill 2002
44 Amendment of s 74 (Imposition or variation of conditions)
Clause 1
Section 74(2)-- 2
omit, insert-- 3
`(2) If the commission decides to impose or vary conditions under 4
subsection (1), the chief executive must immediately give the licensee-- 5
(a) written notice of the conditions or varied conditions; and 6
(b) an information notice for the decision.'. 7
45 Amendment of s 76 (Renewal and continuance of gaming machine
Clause 8
licences) 9
Section 76(6), `written notice of, and the reasons for,'-- 10
omit, insert-- 11
`an information notice for'. 12
46 Insertion of new s 80A
Clause 13
Part 3, division 6, after section 80-- 14
insert-- 15
`80A When gaming machine licence lapses and number of approved 16
gaming machines changes 17
`(1) If the licensee under a gaming machine licence has not started to 18
conduct gaming on the licensed premises by the relevant date, the gaming 19
machine licence lapses. 20
`(2) If the licensee under a gaming machine licence has started to 21
conduct gaming on the licensed premises by the relevant date but the 22
approved number of gaming machines for the licensed premises have not 23
been installed, the number of gaming machines approved for the licensed 24
premises is taken to be the number installed by that date. 25
`(3) The commission may fix a date as the relevant date for particular 26
licensed premises if-- 27
(a) the licensee-- 28
(i) applies in writing to the commission, for deferment of the 29
relevant date, before the day that is 1 year after the day the 30
licence was granted by the commission; and 31
s 47 46 s 47
Gambling Legislation Amendment Bill 2002
(ii) gives the commission information and materials for which it 1
reasonably asks to help it decide the application; and 2
(b) the commission is, after considering the application and any 3
information or materials requested under paragraph (a)(ii), 4
satisfied there is good reason to allow the deferment of the date 5
for the licensed premises. 6
7
Example of good reason to allow a deferment--
8
The commission might consider the fact that licensed premises are under
9
construction and the construction work is substantially complete or has
10
been delayed for reasons outside the licensee's control are good reasons for
11
deferment of the relevant date.
`(4) However, the commission may fix a date under subsection (3) only 12
if the date is not more than 2 years after the day the gaming machine 13
licence was granted. 14
`(5) The commission may grant a deferment of the relevant date on 15
conditions the commission considers appropriate and, if a condition is not 16
complied with, the deferment does not operate beyond the date of the 17
noncompliance. 18
`(6) In this section-- 19
"gaming machine licence" means a gaming machine licence granted after 20
the commencement of this section. 21
"relevant date", in relation to a gaming machine licence, means-- 22
(a) the date that is 1 year after the day the licence was granted; or 23
(b) for premises for which the commission has fixed a later date 24
under subsection (3)--the date fixed by the commission or an 25
earlier date on which the deferment ceases to operate under 26
subsection (5).'. 27
47 Amendment of s 82 (Recommendation by chief executive about
Clause 28
increase application) 29
Section 82-- 30
insert-- 31
`(2A) A recommendation mentioned in subsection (2)(a) or (b) may be 32
subject to the reasonable conditions the chief executive considers 33
appropriate having regard to-- 34
(a) the nature or character of the licensed premises of the licensee; or 35
s 48 47 s 48
Gambling Legislation Amendment Bill 2002
(b) the general use of the premises or the enjoyment of persons using 1
the premises; or 2
(c) the public interest.'. 3
48 Insertion of new s 85AA
Clause 4
Part 3, division 7, after section 85-- 5
insert-- 6
`85AA When approval lapses and number of additional gaming 7
machines changes 8
`(1) This section applies to an approval given by the commission under 9
section 83 after the commencement of this section for an increase in the 10
number of gaming machines for licensed premises. 11
`(2) If the licensee has not installed any additional gaming machines 12
under the approval for the licensed premises by the relevant date, the 13
approval lapses. 14
`(3) If the licensee has installed some, but not all, of the additional 15
gaming machines under the approval for the licensed premises by the 16
relevant date, the number of additional gaming machines approved under 17
the approval is taken to be the number installed by that date. 18
`(4) The commission may fix a date as the relevant date for particular 19
licensed premises if-- 20
(a) the licensee-- 21
(i) applies in writing to the commission, for deferment of the 22
relevant date, before the day that is 6 months after the day 23
the approval was given; and 24
(ii) gives the commission information and materials for which it 25
reasonably asks to help it decide the application; and 26
(b) the commission is, after considering the application and any 27
information or materials requested under paragraph (a)(ii), 28
satisfied there is good reason to allow the deferment of the date 29
for the licensed premises. 30
31
Example of good reason to allow a deferment--
32
The commission might consider the fact that licensed premises are under
33
construction and the construction work is substantially complete or has
34
been delayed for reasons outside the licensee's control are good reasons for
35
deferment of the relevant date.
s 49 48 s 49
Gambling Legislation Amendment Bill 2002
`(5) However, the commission may fix a date under subsection (4) only 1
if the date is not more than 1 year after the day the approval was given. 2
`(6) The commission may grant a deferment of the relevant date on 3
conditions the commission considers appropriate and, if a condition is not 4
complied with, the deferment does not operate beyond the date of the 5
noncompliance. 6
`(7) In this section-- 7
"relevant date", in relation to an approval, means-- 8
(a) the date that is 6 months after the day the approval was given; or 9
(b) for premises for which the commission has fixed a later date 10
under subsection (4)--the date fixed by the commission or an 11
earlier date on which the deferment ceases to operate under 12
subsection (6).'. 13
49 Amendment of s 86 (Proposals to decrease approved number of
Clause 14
gaming machines) 15
(1) Section 86(4)-- 16
omit, insert-- 17
`(4) An application by a licensee must be-- 18
(a) in the approved form; and 19
(b) given to the chief executive; and 20
(c) if the licensee intends to relocate the gaming machine areas for 21
licensed premises of the licensee--accompanied by an 22
application under section 91.9 23
`(4A) A request or report mentioned in subsection (2) or (3) must-- 24
(a) be in writing; and 25
(b) be given to the chief executive; and 26
(c) state, by reference to a number, the decrease requested or 27
recommended; and 28
(d) state the approved number of gaming machines for the licensed 29
premises if the decrease were to be approved.'. 30
9 Section 91 (Relocation of gaming machine areas)
s 50 49 s 51
Gambling Legislation Amendment Bill 2002
(2) Section 86(3A) to (5)-- 1
renumber as section 86(4) to (7). 2
50 Amendment of s 91 (Relocation of gaming machine areas)
Clause 3
Section 91(2)-- 4
omit, insert-- 5
`(2) An application for approval must be-- 6
(a) in the approved form; and 7
(b) given to the chief executive; and 8
(c) accompanied by a plan of the premises showing the proposed 9
locations on the premises where it is intended to install gaming 10
machines.'. 11
51 Insertion of new pt 3, div 11A
Clause 12
Part 3, after section 91-- 13
insert-- 14
`Division 11A--Ceasing gaming at particular licensed premises 15
`91A Ceasing gaming at licensed premises 16
`(1) This section applies to a category 2 licensee if-- 17
(a) additional premises have been approved under section 63(1) for
10
18
the licence; and 19
(b) the licensee ceases the conduct of gaming on any licensed 20
premises under the licence. 21
`(2) The licensee must, immediately after ceasing the conduct of gaming 22
on the licensed premises, give the chief executive-- 23
(a) the licence; and 24
(b) a written notice stating-- 25
(i) the day the conduct of gaming ceased; and 26
10 Section 63 (Decision on additional premises application)
s 51 50 s 51
Gambling Legislation Amendment Bill 2002
(ii) details of the licensed premises on which the conduct of 1
gaming ceased. 2
Maximum penalty--40 penalty units. 3
`91B Chief executive may amend or replace licence 4
`(1) On receiving the licence, the chief executive must-- 5
(a) amend the licence to show the licensed premises on which the 6
conduct of gaming may take place under the licence; or 7
(b) issue a replacement licence, showing the licensed premises on 8
which the conduct of gaming may take place under the licence. 9
`(2) As soon as practicable after amending or replacing a licence under 10
subsection (1), the chief executive must give the licensee the amended or 11
replacement licence. 12
`91C Dealing with gaming machines on ceasing the conduct of gaming 13
`(1) As soon as practicable after receiving a notice under 14
section 91A(2)(b), the chief executive must, by written notice given to the 15
licensee, approve the way in which gaming machines at premises on which 16
the conduct of gaming ceased may be disposed of. 17
`(2) An approval under subsection (1) may provide for the disposal of the 18
gaming machines by sale or destruction of the machines. 19
`(3) A licensee to whom notice of an approval is given under 20
subsection (1) must dispose of the gaming machines-- 21
(a) within 1 month after receiving the notice; or 22
(b) if the chief executive extends, or further extends, the period for 23
the disposal by written notice given to the licensee in the period 24
or extended period--within the period as extended. 25
Maximum penalty--200 penalty units. 26
`(4) The chief executive may give the licensee a notice extending the 27
period if the chief executive is satisfied it would be reasonable in all the 28
circumstances to give the extension. 29
`(5) Also, the chief executive must, as soon as practicable after receiving 30
a notice under section 91A(2)(b), give written notice of the ceasing of the 31
s 52 51 s 55
Gambling Legislation Amendment Bill 2002
conduct of gaming to each licensed monitoring operator the chief executive 1
believes is supplying basic monitoring services to the licensee.'. 2
52 Amendment of s 95 (Surrender of gaming machine licences)
Clause 3
Section 95(7)-- 4
omit, insert-- 5
`(7) An approval under subsection (5) may provide for the disposal of the 6
gaming machines by sale or destruction of the machines.'. 7
53 Amendment of s 97 (Cancellation or suspension of gaming
Clause 8
machine licences and letters of censure) 9
Section 97(19), from `written notice'-- 10
omit, insert-- 11
`an information notice for the decision to cancel or suspend the licence.'. 12
54 Amendment of s 98 (Immediate suspension of gaming machine
Clause 13
licence) 14
Section 98(2)(a), from `written notice'-- 15
omit, insert-- 16
`an information notice for the decision to suspend the licence; and'. 17
55 Amendment of s 99 (Suspension of gaming machine licence for
Clause 18
non-payment of monthly fees, gaming tax or penalty) 19
(1) Section 99, heading, `monthly fees, gaming tax or penalty'-- 20
omit, insert-- 21
`gaming machine tax, levy or penalty'. 22
(2) Section 99-- 23
insert-- 24
`(4A) The suspension notice must be accompanied by an information 25
notice for the decision to suspend the licence.'. 26
s 56 52 s 59
Gambling Legislation Amendment Bill 2002
56 Amendment of s 104 (Recovery or disposal of gaming machines
Clause 1
and other property on cancellation or non-renewal of gaming 2
machine licence) 3
(1) Section 104, heading-- 4
omit, insert-- 5
`104 Disposal of gaming machines on cancellation or non-renewal of 6
gaming machine licence'. 7
(2) Section 104(4)-- 8
omit, insert-- 9
`(4) The approval under subsection (3) may provide for the disposal of 10
the gaming machines by sale or destruction of the machines.'. 11
57 Amendment of s 121 (Recommendation about application)
Clause 12
Section 121-- 13
insert-- 14
`(4A) A recommendation to grant an application may be subject to the 15
reasonable conditions the chief executive decides.'. 16
58 Amendment of s 123 (Conditions of licences)
Clause 17
Section 123-- 18
insert-- 19
`(3) The holder of a supplier's licence must not contravene a condition of 20
the licence. 21
Maximum penalty--200 penalty units.'. 22
59 Amendment of s 131 (Renewal of licence--decision)
Clause 23
Section 131(3), from `a written notice'-- 24
omit, insert-- 25
`an information notice for the decision to refuse to renew the licence.'. 26
s 60 53 s 61
Gambling Legislation Amendment Bill 2002
60 Amendment of s 136 (Conducting investigations)
Clause 1
Section 136(4)-- 2
insert-- 3
`(d) for an associate who was an associate of the licensed supplier 4
when the supplier's licence was issued--the associate has not 5
been investigated under section 120.'. 6
61 Replacement of ss 163-167
Clause 7
Sections 163 to 167-- 8
omit, insert-- 9
`163 Approved control system for supply operations 10
`(1) A licensed supplier must not conduct the supplier's supply 11
operations unless the supplier has an approved control system for the 12
operations. 13
Maximum penalty--200 penalty units. 14
`(2) If a licensed supplier has an approved control system for the 15
supplier's supply operations, the licensed supplier must not contravene the 16
approved control system in the conduct of the operations. 17
Maximum penalty--200 penalty units. 18
`(3) A licensed supplier must not change the supplier's approved control 19
system other than under a direction or approval of the chief executive. 20
Maximum penalty--200 penalty units. 21
`164 Control system submission 22
`(1) A licensed supplier may make a submission (a "control system 23
submission") to the chief executive for approval of the supplier's proposed 24
control system. 25
`(2) A control system submission must be in writing and be made-- 26
(a) at least 90 days before the licensed supplier proposes to start 27
conducting the supplier's supply operations; or 28
(b) if the chief executive considers it appropriate to allow a 29
submission to be made at a later time--by the time allowed by 30
the chief executive. 31
s 61 54 s 61
Gambling Legislation Amendment Bill 2002
`(3) A control system submission must describe and explain the control 1
system proposed for the supplier's supply operations. 2
`(4) In particular, a control system submission must include information 3
about-- 4
(a) the following things to be used for the supply operations-- 5
(i) accounting systems and procedures, and chart of accounts; 6
(ii) administrative systems and procedures; 7
(iii) computer software; 8
(iv) standard forms and terms; and 9
(b) the general procedures to be followed for the supply operations; 10
and 11
(c) the procedures and standards for the maintenance, security, 12
storage and transportation of equipment to be used for the supply 13
operations; and 14
(d) the procedures for using and maintaining security facilities for 15
the supply operations. 16
`(5) A control system submission may include other information about 17
the supply operations or proposed control system. 18
`165 Control system (change) submission 19
`(1) A licensed supplier may make a submission (a "control system 20
(change) submission") to the chief executive for approval to change the 21
supplier's approved control system. 22
`(2) A control system (change) submission must be in writing and be 23
made-- 24
(a) at least 90 days before the licensed supplier proposes to start 25
conducting the supplier's supply operations under the approved 26
control system, as proposed to be changed; or 27
(b) if the chief executive considers it appropriate to allow a 28
submission to be made at a later time--by the time allowed by 29
the chief executive. 30
`(3) A control system (change) submission must contain particulars of 31
the proposed changes to the supplier's approved control system. 32
s 61 55 s 61
Gambling Legislation Amendment Bill 2002
`166 Dealing with submissions 1
`(1) This section applies to a control system submission or control 2
system (change) submission made to the chief executive by a licensed 3
supplier. 4
`(2) The chief executive must consider the submission and either 5
approve or refuse to approve the proposed control system or proposed 6
change of the approved control system. 7
`(3) The chief executive may, by written notice given to the licensed 8
supplier, require the supplier, within a reasonable time stated in the notice, 9
to give the chief executive further information that is necessary and 10
reasonable to help the chief executive make a decision about the 11
submission. 12
`(4) In considering whether to give an approval, the chief executive must 13
have regard to-- 14
(a) whether the submission satisfies the requirements under this 15
subdivision for the submission; and 16
(b) whether the proposed control system, or approved control system 17
as proposed to be changed, is capable of providing satisfactory 18
and effective control over the supplier's supply operations. 19
`(5) The chief executive may refuse to give an approval if the licensed 20
supplier fails to comply with a requirement under subsection (3) without a 21
reasonable excuse. 22
`(6) If the chief executive approves the proposed control system, or 23
proposed change of the approved control system, the chief executive must 24
immediately give the licensed supplier written notice of the decision. 25
`(7) If the chief executive refuses to approve the proposed control 26
system, or proposed change of the approved control system, the chief 27
executive must immediately give the licensed supplier a written notice 28
that-- 29
(a) states the decision and the reasons for the decision; and 30
(b) if the chief executive believes the submission can easily be 31
changed to enable the chief executive to give an approval-- 32
(i) explains how the submission may be changed; and 33
(ii) invites the licensed supplier to resubmit the submission after 34
making the appropriate changes. 35
s 62 56 s 63
Gambling Legislation Amendment Bill 2002
`167 Direction to change approved control system 1
`(1) The chief executive may, by written notice given to a licensed 2
supplier, direct the supplier to change the supplier's approved control 3
system within the period, and in the way, stated in the notice. 4
`(2) The licensed supplier must comply with the direction. 5
`(3) If the licensed supplier does not comply with the direction, at the 6
end of the period stated in the notice the supplier's approved control 7
system is taken to have been changed in the way stated in the notice.'. 8
62 Amendment of s 173 (Submission of reports)
Clause 9
(1) Section 173, `monitoring operator'-- 10
omit, insert-- 11
`supplier'. 12
(2) Section 173, `operator's monitoring'-- 13
omit, insert-- 14
`supplier's supply'. 15
(3) Section 173, `the operator'-- 16
omit, insert-- 17
`the supplier'. 18
(4) Section 173(7)(a), `the operator's'-- 19
omit, insert-- 20
`the supplier's'. 21
63 Amendment of s 180 (Associated documents for audit report for
Clause 22
licensed monitoring operator) 23
(1) Section 180(1)(d)-- 24
omit, insert-- 25
`(d) if an entity controls the licensed monitoring operator--a copy of 26
the consolidated financial statements for the entity.'. 27
s 64 57 s 65
Gambling Legislation Amendment Bill 2002
(2) Section 180(5)-- 1
insert-- 2
` "control" see the Corporations Act, section 50AA.11'. 3
64 Amendment of s 191 (Certain persons must apply for gaming
Clause 4
employee's licence) 5
(1) Section 191(1), from `Where' to `connected'-- 6
omit, insert-- 7
`If the chief executive considers a person connected'. 8
(2) Section 191(1)(b)(ii), `determined by the Minister'-- 9
omit, insert-- 10
`prescribed under a regulation'. 11
(3) Section 191(1), `the commission, by'-- 12
omit, insert-- 13
`the chief executive, by'. 14
(4) Section 191(2), (4) and (6), `commission'-- 15
omit, insert-- 16
`chief executive'. 17
65 Amendment of s 192 (Certain persons must apply for key
Clause 18
monitoring employee's licence) 19
(1) Section 192, `commission'-- 20
omit, insert-- 21
`chief executive'. 22
(2) Section 192(1), `, having regard to any relevant advice of the chief 23
executive,'-- 24
omit. 25
11 Corporations Act, section 50AA (Control)
s 66 58 s 67
Gambling Legislation Amendment Bill 2002
66 Amendment of s 200 (Recommendation by chief executive about
Clause 1
applications) 2
(1) Section 200, heading-- 3
omit, insert-- 4
`200 Chief executive to consider application'. 5
(2) Section 200(1)-- 6
omit, insert-- 7
`(1) The chief executive must consider an application for a licence under 8
this part.'. 9
(3) Section 200(2)(a) and (3)(b), `make a recommendation'-- 10
omit, insert-- 11
`decide the application'. 12
(4) Section 200(5), `assess--'-- 13
omit, insert-- 14
`have regard to each of the following matters--'. 15
(5) Section 200(8), `making a recommendation, the chief executive'-- 16
omit, insert-- 17
`considering an application, the chief executive also'. 18
(6) Section 200(9) to (11)-- 19
omit. 20
67 Replacement of ss 201 and 202
Clause 21
Sections 201 and 202-- 22
omit, insert-- 23
`201 Decision on application 24
`(1) The chief executive must, after considering the application, either 25
grant or refuse to grant the application. 26
`(2) However, the chief executive may grant the application only if-- 27
(a) the chief executive is satisfied the applicant is a suitable person to 28
hold the licence having regard to the matters mentioned in 29
section 200(5); and 30
s 67 59 s 67
Gambling Legislation Amendment Bill 2002
(b) for an application by an individual--the applicant is over 1
18 years; and 2
(c) for an application by a body corporate--the secretary and each 3
executive officer of the body corporate is over 18 years. 4
`(3) If the chief executive decides to grant the application, the chief 5
executive must immediately give the applicant-- 6
(a) the licence; and 7
(b) if the chief executive decides to impose conditions on the 8
licence-- 9
(i) an information notice for the decision; and 10
(ii) for a licence that does not state the conditions--a written 11
notice of the conditions. 12
`(4) If the chief executive decides to refuse to grant the application, the 13
chief executive must-- 14
(a) immediately give the applicant an information notice for the 15
decision; and 16
(b) for an application by an individual--as soon as practicable, 17
destroy the fingerprints of the applicant taken under 18
section 200(6). 19
`(5) Also, if the applicant is a person in relation to whom the chief 20
executive has given an approval to a licensee for section 189(4) or (6), the 21
chief executive must give written notice of a decision under subsection (1) 22
to the licensee. 23
`202 Form of licence 24
`(1) A licence under this part must be in the approved form. 25
`(2) The approved form must provide for the inclusion of each of the 26
following-- 27
(a) the name of the holder of the licence; 28
(b) for a repairer's, gaming nominee's, gaming employee's or key 29
monitoring employee's licence--a recent photograph of the 30
holder of the licence; 31
(c) the date of expiry of the licence. 32
s 68 60 s 69
Gambling Legislation Amendment Bill 2002
`(3) Also, if the chief executive decides to impose conditions on the 1
licence the conditions may be stated on the licence.'. 2
68 Amendment of s 205 (Conditions of licences)
Clause 3
(1) Section 205, `commission'-- 4
omit, insert-- 5
`chief executive'. 6
(2) Section 205-- 7
insert-- 8
`(2) A holder of a licence must not contravene a condition of the licence. 9
Maximum penalty--200 penalty units.'. 10
69 Replacement of s 206 (Variation of conditions imposed on a
Clause 11
licence) 12
Section 206-- 13
omit, insert-- 14
`206 Changing conditions of licence 15
`(1) The chief executive may decide to change the conditions of a licence 16
under this part if the chief executive considers it is necessary or desirable to 17
make the change in the public interest or for the proper conduct of gaming. 18
`(2) If the chief executive decides to change the conditions, the chief 19
executive must immediately give the holder of the licence-- 20
(a) written notice of the changed conditions; and 21
(b) an information notice for the decision. 22
`(3) A change of the conditions takes effect on-- 23
(a) the day the information notice for the decision is given to the 24
holder; or 25
(b) if a later day is stated in the notice--the later day. 26
`(4) The power of the chief executive to change conditions of a licence 27
includes the power to add conditions to the licence. 28
s 70 61 s 71
Gambling Legislation Amendment Bill 2002
`206A Recording change of conditions 1
`(1) The holder of the licence must return the licence, and any written 2
notice of conditions given to the holder under section 201(3)(b), to the 3
chief executive within 14 days after receiving the information notice for the 4
decision to change the conditions of the licence, unless the holder has a 5
reasonable excuse. 6
Maximum penalty--40 penalty units. 7
`(2) On receiving the licence and, if applicable, a written notice 8
mentioned in subsection (1), the chief executive must-- 9
(a) amend the licence or written notice to include the changed 10
conditions and return them to the holder; or 11
(b) if the chief executive does not consider it practicable to amend 12
the licence or written notice--give the holder a replacement 13
licence, or written notice, showing the changed conditions. 14
`(3) The amendment of a licence does not depend on the licence or 15
written notice being amended or replaced under this section.'. 16
70 Amendment of s 207 (Renewal and continuance of licences)
Clause 17
Section 207(6), from `written notice'-- 18
omit, insert-- 19
`an information notice for the decision to refuse to renew the licence.'. 20
71 Amendment of s 211 (Approving audit programs for licensed
Clause 21
gaming nominees and associates) 22
(1) Section 211, heading, from `for licensed'-- 23
omit. 24
(2) Section 211(1)(a) and (b), after `nominees'-- 25
insert-- 26
`, licensed repairers and licensed service contractors'. 27
s 72 62 s 72
Gambling Legislation Amendment Bill 2002
72 Amendment of s 212 (Conducting investigations of licensed
Clause 1
persons and associates) 2
(1) Section 212(3)(b), after `nominee'-- 3
insert-- 4
`, licensed repairer or licensed service contractor'. 5
(2) Section 212(3)(b), after `program'-- 6
insert-- 7
`, repairers audit program or contractors audit program'. 8
(3) Section 212(4)-- 9
omit, insert-- 10
`(4) Also, the chief executive may investigate an associate of the licensed 11
person only if-- 12
(a) the chief executive reasonably suspects the associate is not a 13
suitable person to be an associate of the licensed person; or 14
(b) for an associate who was an associate of the licensed person 15
when the person's licence was issued--the associate has not been 16
investigated under section 200(2); or 17
(c) for an associate who is an associate of a licensed gaming 18
nominee, licensed repairer or licensed service contractor-- 19
(i) the investigation is conducted under an associates 20
(nominees) audit program, associates (repairers) audit 21
program or associates (contractors) audit program; or 22
(ii) for an associate who became an associate of the licensed 23
person after the issue of the person's licence--the associate 24
has not been investigated previously under an associates 25
(nominees) audit program, associates (repairers) audit 26
program or associates (contractors) audit program.'. 27
(4) Section 212(5), `a nominees audit program or associates (nominees) 28
audit program'-- 29
omit, insert-- 30
`an audit program approved by the Minister under section 211(1)'. 31
s 73 63 s 73
Gambling Legislation Amendment Bill 2002
73 Amendment of s 219 (Cancellation or suspension of licences under
Clause 1
this part) 2
(1) Section 219(1)(b)(vi), `commission or'-- 3
omit. 4
(2) Section 219(1)(b)(vii), `the commission,'-- 5
omit. 6
(3) Section 219(1)(c)(ii), from `recommendation'-- 7
omit, insert-- 8
`application would have been refused.'. 9
(4) Section 219(12)(c)(ii)-- 10
omit, insert-- 11
`(ii) cancel the licence or suspend it for a period.'. 12
(5) Section 219(13), from `may recommend'-- 13
omit, insert-- 14
`may cancel the licence or suspend it for a period.'. 15
(6) Section 219(15) to (22)-- 16
omit, insert-- 17
`(15) If the chief executive decides to issue a letter of censure under 18
subsection (12)(b) or (14) to the holder of a licence, or to cancel or suspend 19
a licence under subsection (12) or (13), the chief executive must give an 20
information notice for the decision to-- 21
(a) the holder of the licence; and 22
(b) each person the chief executive believes is an interested person of 23
the holder. 24
`(16) The decision takes effect on-- 25
(a) the day the information notice for the decision is given to the 26
holder; or 27
(b) if a later day is stated in the notice--the later day. 28
`(17) If the chief executive cancels a licence, the person who held the 29
licence must, within 14 days after receiving the information notice for the 30
decision, return the licence to the chief executive. 31
s 74 64 s 75
Gambling Legislation Amendment Bill 2002
Maximum penalty--40 penalty units.'. 1
(7) Section 219(23)-- 2
renumber as section 219(18). 3
74 Replacement of s 220 (Immediate suspension of licences)
Clause 4
Section 220-- 5
omit, insert-- 6
`220 Immediate suspension 7
`(1) This section applies if the chief executive believes-- 8
(a) a ground exists to suspend or cancel a licence under this part; and 9
(b) it is necessary to immediately suspend the licence-- 10
(i) in the public interest; or 11
(ii) to ensure the integrity of the conduct of gaming is not 12
jeopardised. 13
`(2) The chief executive may immediately suspend the licence by written 14
notice given to the holder of the licence. 15
`(3) The notice must-- 16
(a) state the reason for the decision to immediately suspend the 17
licence; and 18
(b) be accompanied by an information notice for the decision. 19
`(4) The chief executive must, within 7 days after giving the holder a 20
notice under subsection (2), give the holder, and each person the chief 21
executive believes is an interested person of the holder, a notice under 22
section 219(2). 23
`(5) The licence is suspended under this section until the notice under 24
section 219(2) is finally dealt with.'. 25
75 Amendment of s 222 (Notices to interested persons)
Clause 26
(1) Section 222(1)-- 27
insert-- 28
`(d) cancels or suspends a licence under section 219(12) or (13); or 29
s 76 65 s 78
Gambling Legislation Amendment Bill 2002
(e) suspends a licence under section 220(2).'. 1
(2) Section 222(2) and (3)-- 2
omit. 3
76 Amendment of s 224 (Provisional licences)
Clause 4
Section 224, `commission'-- 5
omit, insert-- 6
`chief executive'. 7
77 Amendment of s 265 (Manufacture, sale, supply, obtaining or
Clause 8
possession of gaming machines) 9
Section 265-- 10
insert-- 11
`(3) A person may apply to the chief executive for an approval under 12
subsection (2). 13
`(4) The application must be-- 14
(a) in the approved form; and 15
(b) accompanied by the fee prescribed under a regulation.'. 16
78 Amendment of s 277 (Destruction of gaming machines)
Clause 17
Section 277-- 18
insert-- 19
`(2) A person may apply to the chief executive for an approval under 20
subsection (1). 21
`(3) The application must be-- 22
(a) in the approved form; and 23
(b) accompanied by the fee prescribed under a regulation.'. 24
s 79 66 s 80
Gambling Legislation Amendment Bill 2002
79 Amendment of s 338 (Certain persons not to play gaming
Clause 1
machines) 2
Section 338(5A), `or promotions'-- 3
omit, insert-- 4
`, promotions or something else'. 5
80 Insertion of new pt 12, div 7
Clause 6
After section 403-- 7
insert-- 8
`Division 7--Transitional provisions for Gambling Legislation 9
Amendment Act 2002 10
`404 Definition for div 7 11
`In this division-- 12
"commencement" means the commencement of the provision in which 13
the term is used. 14
`405 Application of particular provisions to licensed major dealer 15
and secondary dealer 16
`(1) This section applies to a licensed supplier who is a licensed major 17
dealer or licensed secondary dealer immediately before the 18
commencement. 19
`(2) Section 163(1)12 does not apply to the licensed supplier until 20
9 months after the commencement. 21
`(3) Despite section 164(2)(a),13 the licensed supplier's first control 22
system submission under section 164 must be made to the chief executive 23
at least 90 days before the day that is 9 months after the commencement. 24
12 Section 163 (Approved control system for supply operations)
13 Section 164 (Control system submission)
s 80 67 s 80
Gambling Legislation Amendment Bill 2002
`406 Dealing with existing applications 1
`(1) This section applies to an application for a licence made under part 5 2
and not decided before the commencement. 3
`(2) The application must be decided under this Act as in force 4
immediately after the commencement. 5
`407 Appeals 6
`(1) Subsection (2) applies if-- 7
(a) a person has appealed to the Minister against a decision or 8
determination of the commission made under an appeal 9
provision; and 10
(b) the appeal has not been decided before the commencement. 11
`(2) The Minister may hear, or continue to hear, and decide the appeal 12
under this Act as in force immediately before the commencement. 13
`(3) Subsection (4) applies if-- 14
(a) immediately before the commencement a person could have 15
appealed against a decision or determination of the commission 16
made under an appeal provision; and 17
(b) the person has not appealed before the commencement. 18
`(4) The person may appeal, and the Minister may hear and decide the 19
appeal, under this Act as in force immediately before the commencement. 20
`(5) In deciding the appeal, the Minister may make any decision the 21
Minister could have made in relation to the appeal immediately before the 22
commencement. 23
`(6) In this section-- 24
"appeal provision" means any of the following provisions of this Act as in 25
force from time to time before the commencement-- 26
(a) section 201(1); 27
(b) section 205; 28
(c) section 206(1); 29
(d) section 219(16)(d) or (17); 30
(e) section 220(1).'. 31
s 81 68 s 84
Gambling Legislation Amendment Bill 2002
PART 5--AMENDMENT OF INTERACTIVE 1
GAMBLING (PLAYER PROTECTION) ACT 1998 2
81 Act amended in pt 5
Clause 3
This part amends the Interactive Gambling (Player Protection) 4
Act 1998. 5
82 Amendment of s 56 (Investigations)
Clause 6
Section 56(4)-- 7
insert-- 8
`(d) the person-- 9
(i) was a business or executive associate of the licensed 10
provider when the interactive gambling licence was issued; 11
and 12
(ii) has not been investigated under section 35(2).'. 13
83 Amendment of s 69 (Decision on application)
Clause 14
Section 69(2)(b), `a copy of the notice'-- 15
omit, insert-- 16
`written notice of the decision'. 17
84 Amendment of s 82 (Suspension and cancellation of key person
Clause 18
licence) 19
Section 82-- 20
insert-- 21
`(6) If the chief executive cancels the licence, the person who held the 22
licence must, within 14 days after receiving the information notice about 23
the decision, give the licence to the chief executive. 24
Maximum penalty for subsection (6)--40 penalty units.'. 25
s 85 69 s 87
Gambling Legislation Amendment Bill 2002
85 Replacement of s 127 (Authorised games to be conducted under
Clause 1
an approved control system) 2
Section 127-- 3
omit, insert-- 4
`127 Authorised games to be conducted under an approved control 5
system 6
`(1) A licensed provider must not conduct an authorised game unless the 7
licensed provider has an approved control system for the game. 8
Maximum penalty--200 penalty units. 9
`(2) If a licensed provider has an approved control system for the 10
authorised game, the licensed provider must not contravene the approved 11
control system in the conduct of the game. 12
Maximum penalty--200 penalty units. 13
`(3) A licensed provider must not change the approved control system 14
other than under a direction or approval of the chief executive. 15
Maximum penalty--200 penalty units.'. 16
86 Amendment of s 254 (Starting appeal)
Clause 17
Section 254(2)-- 18
omit, insert-- 19
`(2) The notice of appeal must be-- 20
(a) accompanied by the fee prescribed under a regulation; and 21
(b) filed within 28 days after the appellant receives notice of the 22
decision.'. 23
87 Amendment of s 261 (Delegations)
Clause 24
(1) Section 261(3)-- 25
omit. 26
(2) Section 261(4)-- 27
renumber as section 261(3). 28
s 88 70 s 90
Gambling Legislation Amendment Bill 2002
PART 6--AMENDMENT OF KENO ACT 1996 1
88 Act amended in pt 6
Clause 2
This part amends the Keno Act 1996. 3
89 Amendment of s 36 (Investigations)
Clause 4
Section 36(4)-- 5
insert-- 6
`(d) the person-- 7
(i) was a business or executive associate of the licensee when 8
the keno licence was issued; and 9
(ii) has not been investigated under section 18(2).'. 10
90 Amendment of s 53 (Decision about application)
Clause 11
(1) Section 53(2)(b)-- 12
omit, insert-- 13
`(b) as soon as practicable-- 14
(i) give written notice of the decision to the relevant keno 15
licensee; and 16
(ii) destroy the applicant's fingerprints taken for the 17
application.'. 18
(2) Section 53-- 19
insert-- 20
`(3) In this section-- 21
"relevant keno licensee" means-- 22
(a) for an applicant who is a key operator for a keno licensee--the 23
keno licensee; or 24
(b) for another applicant--the keno licensee who intends to employ 25
the applicant as a keno employee.'. 26
s 91 71 s 93
Gambling Legislation Amendment Bill 2002
91 Amendment of s 66 (Suspension and cancellation of licence)
Clause 1
Section 66-- 2
insert-- 3
`(6) If the chief executive cancels the licence, the person who held the 4
licence must, within 14 days after receiving the information notice about 5
the decision, give the licence to the chief executive. 6
Maximum penalty for subsection (6)--40 penalty units.'. 7
92 Replacement of s 117 (Keno games to be conducted under
Clause 8
approved control system) 9
Section 117-- 10
omit, insert-- 11
`117 Keno games to be conducted under approved control system 12
`(1) A keno licensee must not conduct a keno game under the keno 13
licence unless the licensee has an approved control system for conducting 14
the keno game. 15
Maximum penalty--200 penalty units. 16
`(2) If a keno licensee has an approved control system for conducting the 17
keno game, the keno licensee must not contravene the approved control 18
system in the conduct of the keno game. 19
Maximum penalty--200 penalty units. 20
`(3) A keno licensee must not change the approved control system other 21
than under a direction or approval of the chief executive. 22
Maximum penalty--200 penalty units.'. 23
93 Amendment of s 235 (Starting appeal)
Clause 24
Section 235(2)-- 25
omit, insert-- 26
`(2) The notice of appeal must be-- 27
(a) accompanied by the fee prescribed under a regulation; and 28
(b) filed within 28 days after the appellant receives notice of the 29
decision.'. 30
s 94 72 s 97
Gambling Legislation Amendment Bill 2002
PART 7--AMENDMENT OF LOTTERIES ACT 1997 1
94 Act amended in pt 7
Clause 2
This part amends the Lotteries Act 1997. 3
95 Amendment of s 36 (Investigations)
Clause 4
Section 36(4)-- 5
insert-- 6
`(d) the person-- 7
(i) was a business or executive associate of the lottery licensee 8
when the lottery licence was issued; and 9
(ii) has not been investigated under section 14(2).'. 10
96 Amendment of s 51 (Decision on application)
Clause 11
Section 51(2)(b), `a copy of the notice'-- 12
omit, insert-- 13
`written notice of the decision'. 14
97 Amendment of s 64 (Suspension and cancellation of key person
Clause 15
licence) 16
Section 64-- 17
insert-- 18
`(6) If the chief executive cancels the licence, the person who held the 19
licence must, within 14 days after receiving the information notice about 20
the decision, give the licence to the chief executive. 21
Maximum penalty for subsection (6)--40 penalty units.'. 22
s 98 73 s 99
Gambling Legislation Amendment Bill 2002
98 Amendment of s 79 (Conditions for entering into agency
Clause 1
agreement) 2
Section 79(5), definition "small business", paragraph (d)-- 3
omit, insert-- 4
`(d) in which-- 5
(i) no more than 50 persons are employed; or 6
(ii) if more than 50 persons are employed, the total number of 7
hours worked by the employees in a week is no more than 8
2 000.'. 9
99 Replacement of s 100 (Lotteries to be conducted under an
Clause 10
approved control system) 11
Section 100-- 12
omit, insert-- 13
`100 Lottery to be conducted under an approved control system 14
`(1) A lottery licensee must not conduct a lottery under the lottery 15
licence unless the licensee has an approved control system for conducting 16
the lottery. 17
Maximum penalty--200 penalty units. 18
`(2) If a lottery licensee has an approved control system for conducting 19
the lottery, the lottery licensee must not contravene the approved control 20
system in the conduct of the lottery. 21
Maximum penalty--200 penalty units. 22
`(3) A lottery licensee must not change the approved control system 23
other than under a direction or approval of the chief executive. 24
Maximum penalty--200 penalty units.'. 25
s 100 74 s 102
Gambling Legislation Amendment Bill 2002
100 Insertion of new s 181A
Clause 1
Part 8, division 2, before subdivision 6-- 2
insert-- 3
`181A Direction about conduct of approved lottery 4
`(1) This section applies to an inspector who is supervising a matter 5
mentioned in section 12714 for an approved lottery. 6
`(2) The inspector may direct the lottery licensee for the approved lottery 7
to take reasonable action, within the reasonable period stated by the 8
inspector, to ensure the lottery is conducted in a way that does not 9
jeopardise the integrity of the conduct of the approved lottery. 10
`(3) The direction may be given orally or by written notice. 11
`(4) If the direction is given orally, it must be confirmed by written 12
notice given to the licensee as soon as practicable. 13
`(5) The lottery licensee must comply with the direction unless the 14
licensee has a reasonable excuse. 15
Maximum penalty--40 penalty units.'. 16
101 Amendment of s 220 (Starting appeal)
Clause 17
Section 220(2)-- 18
omit, insert-- 19
`(2) The notice of appeal must be-- 20
(a) accompanied by the fee prescribed under a regulation; and 21
(b) filed within 28 days after the appellant receives notice of the 22
decision.'. 23
102 Amendment of s 226 (Delegations)
Clause 24
(1) Section 226(3) and (4)-- 25
omit. 26
(2) Section 226(5)-- 27
renumber as section 226(3). 28
14 Section 127 (Official supervision)
s 103 75 s 107
Gambling Legislation Amendment Bill 2002
PART 8--AMENDMENT OF WAGERING ACT 1998 1
103 Act amended in pt 8
Clause 2
This part amends the Wagering Act 1998. 3
104 Amendment of s 38 (Investigation of suitability of associates of
Clause 4
wagering licensees) 5
Section 38(2)-- 6
insert-- 7
`(d) the associate-- 8
(i) was a business or executive associate of the licensee when 9
the licensee applied for the licence; and 10
(ii) has not been investigated under section 24(2).'. 11
105 Amendment of s 108 (Decision on application)
Clause 12
Section 108(2)(b), `a copy of the notice'-- 13
omit, insert-- 14
`written notice of the decision'. 15
106 Amendment of s 128 (Direction to rectify)
Clause 16
Section 128-- 17
insert-- 18
`(8) A key person licensee must comply with a direction under this 19
section.'. 20
107 Amendment of s 165 (Liability to wagering tax)
Clause 21
Section 165-- 22
insert-- 23
`(2) However, subsection (1) does not apply to a permit holder in relation 24
to a month in which the total amount invested in the holder's totalisators for 25
s 108 76 s 108
Gambling Legislation Amendment Bill 2002
the month is less than the amount prescribed under a regulation for this 1
subsection.'. 2
108 Replacement of s 173 (Approved control system required for
Clause 3
authorised wagering) 4
Section 173-- 5
omit, insert-- 6
`173 Authorised wagering to be conducted under an approved 7
control system 8
`(1) An authority operator must not conduct authorised wagering under a 9
wagering authority unless the authority operator has an approved control 10
system for the wagering. 11
Maximum penalty--200 penalty units. 12
`(2) If an authority operator has an approved control system for the 13
wagering, the authority operator must not contravene the approved control 14
system in the conduct of the wagering. 15
Maximum penalty--200 penalty units. 16
`(3) An authority operator must not change the operator's approved 17
control system other than under a direction or approval of the chief 18
executive. 19
Maximum penalty--200 penalty units. 20
`(4) However, subsection (1) applies to a permit holder only if the total 21
amount invested in the holder's totalisators for the 12 months immediately 22
preceding the day on which the holder conducts the authorised wagering is 23
more than the amount prescribed under a regulation for this subsection.'. 24
s 109 77 s 112
Gambling Legislation Amendment Bill 2002
109 Amendment of s 297 (Starting appeal)
Clause 1
Section 297(2)-- 2
omit, insert-- 3
`(2) The notice of appeal must be-- 4
(a) accompanied by the fee prescribed under a regulation; and 5
(b) filed within 28 days after the appellant receives notice of the 6
decision.'. 7
110 Amendment of s 309 (Delegations)
Clause 8
(1) Section 309(3) and (4)-- 9
omit. 10
(2) Section 309(5)-- 11
renumber as section 309(3). 12
PART 9--OTHER AMENDMENTS 13
111 Amendments for penalties--sch 1
Clause 14
Schedule 1 amends and inserts penalties in the Acts it mentions. 15
112 Minor and consequential amendments--sch 2
Clause 16
Schedule 2 amends the Acts it mentions. 17
78
Gambling Legislation Amendment Bill 2002
SCHEDULE 1 1
AMENDMENTS FOR PENALTIES 2
section 111 3
CASINO CONTROL ACT 1982 4
1 Section 22(3), from `shall produce'-- 5
omit, insert-- 6
`must give the licence to the Minister for endorsement of the variation on 7
the licence. 8
Maximum penalty--40 penalty units.'. 9
2 Sections 34(1), (2) and (3) and 36(3) and (4), penalty-- 10
omit, insert-- 11
`Maximum penalty--200 penalty units.'. 12
3 Sections 42(1), 60(1), 64(1) and (2), 64A(2), 65(1), 65C, 72(1), 81(1) 13
and 97(1) and (2)-- 14
insert-- 15
`Maximum penalty--40 penalty units.'. 16
4 Section 58-- 17
insert-- 18
`Maximum penalty-- 19
(a) for paragraph (a)--100 penalty units; and 20
(b) for paragraphs (b) and (c)--200 penalty units.'. 21
79
Gambling Legislation Amendment Bill 2002
SCHEDULE 1 (continued)
5 Sections 61(6), 62(1), 65(3) to (6), (7), (8) and (9) and 72(4)-- 1
insert-- 2
`Maximum penalty--100 penalty units.'. 3
6 Section 62(2)-- 4
insert-- 5
`Maximum penalty--50 penalty units.'. 6
7 Section 62(7)-- 7
insert-- 8
`Maximum penalty-- 9
(a) for paragraph (a)--200 penalty units; and 10
(b) for paragraph (b)--40 penalty units.'. 11
8 Sections 62(8), 65(2) and 85(2) and (4)-- 12
insert-- 13
`Maximum penalty--200 penalty units.'. 14
9 Section 75(6)-- 15
insert-- 16
`Maximum penalty for subsection (6)--200 penalty units.'. 17
GAMING MACHINE ACT 1991 18
1 Sections 95(4), 217(7) and 225(3), penalty, `or 1 year's 19
imprisonment'-- 20
omit. 21
80
Gambling Legislation Amendment Bill 2002
SCHEDULE 1 (continued)
KENO ACT 1996 1
1 Section 148(1) and (2), penalty, `or 2 years imprisonment'-- 2
omit. 3
WAGERING ACT 1998 4
1 Section 129(6), penalty-- 5
omit, insert-- 6
`Maximum penalty for subsection (6)--40 penalty units.'. 7
81
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 1
MINOR AND CONSEQUENTIAL AMENDMENTS 2
section 112 3
CASINO CONTROL ACT 1982 4
1 Section 4(2), as a heading-- 5
insert-- 6
`4A References to "casino operation" or "operation of a casino"'. 7
2 Section 4(2), `(2) A reference'-- 8
omit, insert-- 9
`A reference'. 10
3 Section 4(2), as amended-- 11
renumber as section 4A. 12
4 Section 18, at the end of paragraphs (a) and (b)-- 13
insert-- 14
`and'. 15
5 Section 22(3), `Where pursuant to'-- 16
omit, insert-- 17
`If under'. 18
82
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
6 Section 22-- 1
insert-- 2
`(4) If the Minister is given a licence under subsection (3), the Minister 3
must endorse the variation on the licence.'. 4
7 Section 30(1)(a) to (d)-- 5
omit, insert-- 6
`(a) after an agreement has been entered into under section 19 and 7
while the casino licence in relation to the agreement is in force; 8
or 9
(b) after approval by the Governor in Council of a casino lease or 10
casino management agreement under section 28 and while the 11
casino lease or casino management agreement is in force;'. 12
8 Section 31(8)(a), `thereto;'-- 13
omit, insert-- 14
`to the notice or notices; or'. 15
9 Section 31(8)(b), after `cause;'-- 16
insert-- 17
`or'. 18
10 Section 32(2)(a), after `Council;'-- 19
insert-- 20
`and'. 21
11 Before section 34-- 22
insert-- 23
`Division 1--Preliminary'. 24
83
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
12 Before section 35-- 1
insert-- 2
`Division 2--Obtaining casino key employee and casino employee 3
licences'. 4
13 Section 35(1), from `shall be made' to `in question'-- 5
omit, insert-- 6
`must'. 7
14 Sections 35(2) and 37(1)(a), `photograph, fingerprints and palm 8
prints'-- 9
omit, insert-- 10
`photograph and fingerprints'. 11
15 Section 37(1), at the end of paragraphs (a) and (b)-- 12
insert-- 13
`and'. 14
16 Before section 40-- 15
insert-- 16
`Division 3--Obligations of casino operators and employees'. 17
17 Sections 42, 58, 60(1), 61(6), 62(1), (2), (7) and (8), 63(4), 65(2) to 18
(6), (7) and (8), 66, 72(1), 75(6), 78, 79, 81(1), 85(2) and (4), 89, 97 19
and 102(3), `shall'-- 20
omit, insert-- 21
`must'. 22
84
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
18 Section 42(2), at the end of paragraphs (a) to (c)-- 1
insert-- 2
`and'. 3
19 Section 43, after `until'-- 4
insert-- 5
`whichever of the following first happens'. 6
20 Sections 43(b) and 48, `Minister'-- 7
omit, insert-- 8
`chief executive'. 9
21 Section 43 (as amended)-- 10
relocate and renumber as section 39B. 11
22 Before section 43A-- 12
insert-- 13
`Division 4--Investigation of casino key employee and casino employee 14
licensees'. 15
23 Before section 46-- 16
insert-- 17
`Division 6--Other matters about casino key employee and casino 18
employee licensees'. 19
24 Before section 48-- 20
insert-- 21
`Division 7--Provisional licences'. 22
85
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
25 Section 48(5), `Minister's'-- 1
omit, insert-- 2
`chief executive's'. 3
26 Before section 49-- 4
insert-- 5
`Division 8--Miscellaneous'. 6
27 Section 58, at the end of paragraphs (a) and (b)-- 7
insert-- 8
`and'. 9
28 Section 62(7)(a), after `executive;'-- 10
insert-- 11
`and'. 12
29 Section 65(6)(a), after `value;'-- 13
insert-- 14
`and'. 15
30 Sections 65C and 72(4), `may'-- 16
omit, insert-- 17
`must not'. 18
31 Section 65C, `only if'-- 19
omit, insert-- 20
`unless'. 21
86
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
32 Section 66(1), at the end of paragraphs (a) to (e)-- 1
insert-- 2
`or'. 3
33 Section 72(4), `provided'-- 4
omit, insert-- 5
`unless'. 6
34 Section 73(1)(a), after `casino;'-- 7
insert-- 8
`and'. 9
35 Section 74, after `not limited to'-- 10
insert-- 11
`the following'. 12
36 Section 75(6)(a), `as aforesaid'-- 13
omit, insert-- 14
`for the operation of the casino'. 15
37 Section 75(6)(a)(ii), after `operator;' 16
insert-- 17
`or'. 18
38 Section 76(2)(a), after `sufficient;'-- 19
insert-- 20
`or'. 21
87
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
39 Section 78(a), after `may be;'-- 1
insert-- 2
`and'. 3
40 Section 78(b)(i), after `time;'-- 4
insert-- 5
`and'. 6
41 Section 79(a) and (b), after `year;'-- 7
insert-- 8
`and'. 9
42 Section 81(2), from `within a time'-- 10
omit, insert-- 11
`within a reasonable period nominated by the chief executive.'. 12
43 Section 81-- 13
insert-- 14
`(3) The casino operator must submit the information within the 15
nominated period. 16
Maximum penalty--40 penalty units.'. 17
44 Section 85(10)(a), `thereto;'-- 18
omit, insert-- 19
`to the notice; or'. 20
88
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
45 Section 88(1), `An inspector may'-- 1
omit, insert-- 2
`An inspector may do each of the following'. 3
46 Section 88(1)(a)(i), after `records;'-- 4
insert-- 5
`and'. 6
47 Section 88(1)(i)(i), after `duties;'-- 7
insert-- 8
`or'. 9
48 Section 89, at the end of paragraphs (a) to (f)-- 10
insert-- 11
`or'. 12
49 Before section 92-- 13
insert-- 14
`Division 1--Matters about excluding people from casinos'. 15
50 Section 93(5)(a), after `operator;'-- 16
insert-- 17
`and'. 18
51 Before section 102-- 19
insert-- 20
`Division 2--Minors'. 21
89
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
52 Section 102(3)(a), after `day;'-- 1
insert-- 2
`and'. 3
53 Before section 103-- 4
insert-- 5
`Division 3--Cheating'. 6
54 Before section 107-- 7
insert-- 8
`Division 4--Offences'. 9
55 Section 107, at the end of paragraphs (a) and (b)-- 10
insert-- 11
`or'. 12
56 Section 112(2), after `Act'-- 13
insert-- 14
`must not'. 15
57 Section 112(2)(a), `shall not'-- 16
omit. 17
58 Section 112(2)(a), after `officer;'-- 18
insert-- 19
`or'. 20
90
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
59 Section 112(2)(b), `shall not,' 1
omit. 2
60 Before section 113-- 3
insert-- 4
`Division 5--Miscellaneous'. 5
61 Section 125(1), at the end of paragraphs (a) to (c)-- 6
insert-- 7
`or'. 8
62 Section 126, at the end of paragraphs (a) to (f)-- 9
insert-- 10
`and'. 11
63 Section 127, heading-- 12
omit, insert-- 13
`127 Regulation-making power'. 14
64 Section 127(2)(b), `and palm prints'-- 15
omit. 16
65 Part 11, heading-- 17
omit, insert-- 18
`PART 11--SAVING AND TRANSITIONAL 19
PROVISIONS'. 20
91
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
66 Before section 128-- 1
insert-- 2
`Division 1--Saving provision for Statute Law (Miscellaneous 3
Provisions) Act (No. 2) 1992'. 4
67 Before section 129-- 5
insert-- 6
`Division 2--Transitional provision for Casino Control Amendment Act 7
1996'. 8
68 After section 133-- 9
insert-- 10
`SCHEDULE 11
`DICTIONARY 12
section 4'. 13
GAMING MACHINE ACT 1991 14
1 Section 8(3)(c), `14 days'-- 15
omit, insert-- 16
`28 days'. 17
2 Section 30, heading, `determination'-- 18
omit, insert-- 19
`consideration'. 20
92
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
3 Section 90(5), `(4)(b)'-- 1
omit, insert-- 2
`(3)(b)'. 3
4 Section 90(5)-- 4
renumber as section 90(4). 5
5 Section 94, `form determined by the chief executive'-- 6
omit, insert-- 7
`approved form'. 8
6 Section 95(8), `(5)(b)'-- 9
omit, insert-- 10
`(5)'. 11
7 Section 182(3), after `must be'-- 12
insert-- 13
`in the approved form and'. 14
8 Section 200(5), paragraphs (a), (d) and (e), `applicant; and'-- 15
omit, insert-- 16
`applicant;'. 17
9 Section 200(5), paragraph (b)(ii), `corporate; and'-- 18
omit, insert-- 19
`corporate;'. 20
93
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
10 Section 200(5), paragraph (c), `relates; and'-- 1
omit, insert-- 2
`relates;'. 3
11 Section 221, `section 219(16) or (17) or 220(1)'-- 4
omit, insert-- 5
`section 219(12) or (13) or 220(2)'. 6
12 Section 221(b), `the powers of the commission or'-- 7
omit. 8
13 Section 222(4) and (5), `subsection (1), (2) or (3)'-- 9
omit, insert-- 10
`subsection (1)'. 11
14 Section 222(4), `section 219(3)'-- 12
omit, insert-- 13
`section 219(3) or 220(4)'. 14
15 Section 222(6), `subsections (4) and (5)'-- 15
omit, insert-- 16
`subsections (2) and (3)'. 17
16 Section 222(7), definition "show cause result notice", 18
paragraph (a)(ii)-- 19
omit. 20
94
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
17 Section 222(7), definition "show cause result notice", 1
paragraph (a)(iii), `subsection (2)(d) or (3)(a) or (b)'-- 2
omit, insert-- 3
`subsection (1)(d) or (e)'. 4
18 Section 222(7), definition "show cause result notice", 5
paragraph (a)(iii)-- 6
renumber as section 222(7), definition "show cause result notice", 7
paragraph (a)(ii). 8
19 Section 222(7), definition "show cause result notice", 9
paragraph (b), `or (2)(b)'-- 10
omit. 11
20 Section 222(7), definition "show cause result notice", 12
paragraph (c), `or (2)(c)'-- 13
omit. 14
21 Section 222(4) to (7)-- 15
renumber as section 222(2) to (5). 16
22 Section 224(3), `Where'-- 17
omit, insert-- 18
`If'. 19
23 Section 226(3), definition "leased", after `1959'-- 20
insert-- 21
`and subleased'. 22
95
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
24 Section 237(a), `prominently displayed'-- 1
omit, insert-- 2
`displayed in a conspicuous position'. 3
25 Sections 267, 269 and 271, headings, `machines and restricted 4
components'-- 5
omit, insert-- 6
`equipment and other things'. 7
26 Section 270, heading, `restricted components'-- 8
omit, insert-- 9
`gaming equipment and other things'. 10
27 Section 275(4)-- 11
omit. 12
28 Section 276(1)(a), `or subleased'-- 13
omit. 14
29 Section 276(3), definition "leased", after `1959'-- 15
insert-- 16
`and subleased'. 17
30 Section 299(2)(b)(ii), `lodged'-- 18
omit, insert-- 19
`kept'. 20
96
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
31 Section 320, `Where--'-- 1
omit, insert-- 2
`If--'. 3
32 Section 320, paragraph (a)-- 4
omit. 5
33 Section 320(b) to (e)-- 6
renumber as section 320(a) to (d). 7
34 Section 344(1), `commission, chief executive or director'-- 8
omit, insert-- 9
`commission or chief executive'. 10
35 After section 407-- 11
insert-- 12
`SCHEDULE 13
`DICTIONARY 14
section 2'. 15
97
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
INTERACTIVE GAMBLING (PLAYER PROTECTION) 1
ACT 1998 2
1 Schedule 3, definition "registered company auditor"-- 3
omit, insert-- 4
` "registered company auditor" means a person registered, or taken to be 5
registered, as an auditor under the Corporations Act, part 9.2.15'. 6
JUDICIAL REVIEW ACT 1991 7
1 Schedule 1, part 1, item 1, `31(23), 32(7), 38(3) and 44(4)'-- 8
omit, insert-- 9
`31(23) and 32(7)'. 10
KENO ACT 1996 11
1 Schedule 4, definition "casino", `section 4'-- 12
omit, insert-- 13
`schedule'. 14
2 Schedule 4, definition "registrar", `Gaming Machine Act 1991, 15
section 2'-- 16
omit, insert-- 17
`the Gaming Machine Act 1991, schedule'. 18
15 Corporations Act, part 9.2 (Registration of auditors and liquidators)
98
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
3 Schedule 4, definition "related body corporate", `Corporations 1
Law, section 50.'-- 2
omit, insert-- 3
`Corporations Act, section 50.16'. 4
LOTTERIES ACT 1997 5
1 Part 8, division 2, subdivision 5, heading, `to stop using things'-- 6
omit. 7
2 Schedule 3, definition "registrar", `section 2'-- 8
omit, insert-- 9
`schedule'. 10
16 Corporations Act, section 9--
"related body corporate", in relation to a body corporate, means a body corporate
that is related to the first-mentioned body by virtue of section 50.
Corporations Act, section 50--
Related bodies corporate
Where a body corporate is:
(a) a holding company of another body corporate; or
(b) a subsidiary of another body corporate; or
(c) a subsidiary of a holding company of another body corporate;
the first-mentioned body and the other body are related to each other.
99
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
TOBACCO AND OTHER SMOKING PRODUCTS ACT 1
1998 2
1 Section 14, definition "gaming machine area", `section 2'-- 3
omit, insert-- 4
`schedule'. 5
2 Schedule, definition "casino", `section 4'-- 6
omit, insert-- 7
`schedule'. 8
WAGERING ACT 1998 9
1 Schedule 2, definitions "greyhound race", "horse race", "racing 10
venue" and "trotting race", after `see'-- 11
insert-- 12
`the'. 13
2 Schedule 2, definitions "registered company auditor" and 14
"wholly-owned subsidiary"-- 15
omit. 16
100
Gambling Legislation Amendment Bill 2002
SCHEDULE 2 (continued)
3 Schedule 2-- 1
insert-- 2
` "registered company auditor" means a person registered, or taken to be 3
registered, as an auditor under the Corporations Act, part 9.2.17 4
"wholly-owned subsidiary" see the Corporations Act, section 9.18'. 5
© State of Queensland 2002
17 Corporations Act, part 9.2 (Registration of auditors and liquidators)
18 Corporations Act, section 9--
"wholly-owned subsidiary", in relation to a body corporate, means a body
corporate none of whose members is a person other than:
(a) the first-mentioned body; or
(b) a nominee of the first-mentioned body; or
(c) a subsidiary of the first-mentioned body, being a subsidiary none of whose
members is a person other than:
(i) the first-mentioned body; or
(ii) a nominee of the first-mentioned body; or
(d) a nominee of such a subsidiary.
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