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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
GAMING MACHINE AND
OTHER LEGISLATION
AMENDMENT BILL (No. 2)
1999
Queensland
GAMING MACHINE AND OTHER
LEGISLATION AMENDMENT BILL
(No. 2) 1999
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
PART 2--AMENDMENT OF GAMING MACHINE ACT 1991
3 Act amended in pt 2 and sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 Insertion of new ss 6AB and 6AC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
6AB Meaning of "due date for payment" . . . . . . . . . . . . . . . . . . . . . . . . . . 22
6AC Meaning of "information notice" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
6 Amendment of s 24 (Appeals to Minister) . . . . . . . . . . . . . . . . . . . . . . . . . . 23
7 Insertion of new s 25AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
25AA Appeals to commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
8 Amendment of s 25B (Starting appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
9 Amendment of s 25C (Stay of operations of decisions) . . . . . . . . . . . . . . . . 25
10 Amendment of s 25D (Hearing procedures) . . . . . . . . . . . . . . . . . . . . . . . . . 26
11 Insertion of new s 25DA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
25DA Power of commission to gather evidence . . . . . . . . . . . . . . . . . . . . . 26
12 Amendment of s 25E (Powers of court on appeal) . . . . . . . . . . . . . . . . . . . . 27
13 Amendment of s 25F (Appeal to District Court) . . . . . . . . . . . . . . . . . . . . . . 28
14 Replacement of ss 26-28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
26 Inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
27 Qualifications for appointment as inspector . . . . . . . . . . . . . . . . . . . 29
2
Gaming Machine and Other Legislation
Amendment (No. 2)
28 Approving audit program for inspectors . . . . . . . . . . . . . . . . . . . . . . . 29
28A Investigating inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
28B Powers of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
28C Appointment conditions for inspectors . . . . . . . . . . . . . . . . . . . . . . . . 30
28D Identity cards for inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
28E Return of identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
28F Production or display of identity cards . . . . . . . . . . . . . . . . . . . . . . . . 31
28G Approved evaluators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
15 Amendment of s 29 (Officers of division to be of good repute) . . . . . . . . . . 32
16 Omission of s 30 (Machine Gaming Division) . . . . . . . . . . . . . . . . . . . . . . . 32
17 Amendment of s 30A (Delegation by Minister) . . . . . . . . . . . . . . . . . . . . . . 32
18 Amendment of s 34 (Criminal history reports for investigations) . . . . . . . . 33
19 Amendment of s 35 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
20 Omission of s 36 (Identification cards) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
21 Amendment of s 38 (Gaming lawful and does not constitute nuisance) . . . 35
22 Amendment of s 39 (Application for gaming machine licences) . . . . . . . . 35
23 Amendment of s 40 (Recommendation by chief executive about
application for gaming machine licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
24 Amendment of s 40A (Decision on application for gaming
machine licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
25 Amendment of s 41 (Application by clubs for additional licensed
premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
26 Amendment of s 41A (Recommendation by chief executive
about additional premises application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
27 Amendment of s 42A (Changes in circumstances of licensees of
category 2 licensed premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
28 Amendment of s 46 (Issue of copy gaming machine licences) . . . . . . . . . . 37
29 Amendment of s 55A (Directions to licensees about authorised
gaming machines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
30 Amendment of s 57C (Matters to be taken into account for
decrease proposal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
31 Amendment of s 58 (Relocation of gaming machine areas) . . . . . . . . . . . . 39
32 Amendment of s 64 (Cancellation or suspension of gaming
machine licences and letters of censure) . . . . . . . . . . . . . . . . . . . . . . . . . . . 39
3
Gaming Machine and Other Legislation
Amendment (No. 2)
33 Amendment of s 69 (Appointment of administrator instead of
suspension) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
34 Amendment of s 70 (Expenses of administration) . . . . . . . . . . . . . . . . . . . . 40
35 Amendment of s 71 (Liability for losses incurred during administration) . . 41
36 Amendment of pt 3A, hdg (Licensing of monitoring operators) . . . . . . . . . 41
37 Replacement of ss 72A-72C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
72A References to particular licensed suppliers . . . . . . . . . . . . . . . . . . . . 41
72B References to particular suppliers' licences . . . . . . . . . . . . . . . . . . . 41
38 Amendment of s 72E (Suitability of applicants for, and holders
of, monitoring operators' licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
39 Amendment of s 72F (Suitability of associates) . . . . . . . . . . . . . . . . . . . . . . 43
40 Amendment of s 72M (Investigations about application) . . . . . . . . . . . . . . 43
41 Amendment of s 72O (Recommendation about application) . . . . . . . . . . . . 44
42 Amendment of s 72Q (Conditions of licences) . . . . . . . . . . . . . . . . . . . . . . . 44
43 Amendment of s 72S (Duration of licence) . . . . . . . . . . . . . . . . . . . . . . . . . . 45
44 Insertion of new s 72SA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
72SA Provisional licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
45 Amendment of s 72T (Changing conditions of licence) . . . . . . . . . . . . . . . . 46
46 Amendment of s 72W (Renewal of licence--application) . . . . . . . . . . . . . 46
47 Amendment of s 72X (Renewal of licence--decision) . . . . . . . . . . . . . . . . 46
48 Replacement of ss 72Y and 72Z . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
72Y Replacement of licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
72Z Licence not transferable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
49 Amendment of s 72ZA (Surrender of licence) . . . . . . . . . . . . . . . . . . . . . . . 48
50 Replacement of s 72ZC (Conducting investigations) . . . . . . . . . . . . . . . . . . 49
72ZC Conducting investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
51 Amendment of s 72ZG (Grounds for suspension or cancellation) . . . . . . . . 50
52 Amendment of s 72ZH (Show cause notice) . . . . . . . . . . . . . . . . . . . . . . . . . 51
53 Amendment of s 72ZI (Involvement of interested persons in show
cause process) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
54 Amendment of s 72ZJ (Consideration of representations) . . . . . . . . . . . . . . 52
55 Amendment of s 72ZO (Decision of commission) . . . . . . . . . . . . . . . . . . . . 53
4
Gaming Machine and Other Legislation
Amendment (No. 2)
56 Amendment of s 72ZP (Suspension, cancellation and
appointment of administrator) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
57 Amendment of s 72ZS (Notices to interested persons) . . . . . . . . . . . . . . . . 55
58 Replacement of pt 3A, div 7, hdg (Obligations of licensed operators) . . . . 56
Division 7--Obligations of licensed suppliers
Subdivision 1--Obligations for all licensed suppliers
59 Replacement of ss 72ZVA-72ZW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
72ZVA Returns about employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
72ZVB Notice about failure of licensee to
pay amount . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Subdivision 2--Additional obligations for licensed monitoring operators
72ZW Returns about licensed key monitoring employees . . . . . . . . . . . . . . 57
60 Insertion of new s 72ZZAA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
72ZZAA Notice about failure of licensee to
pay basic monitoring fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
61 Amendment of s 72ZZB (Control system submission) . . . . . . . . . . . . . . . . . 58
62 Amendment of s 72ZZC (Control system (change) submission) . . . . . . . . . 59
63 Amendment of s 72ZZF (Notices about keeping monitoring records) . . . . 59
64 Replacement of s 72ZZG (Monitoring records to be kept at
certain place) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
72ZZG Places at which monitoring records
to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
65 Amendment of s 72ZZH (Monitoring records to be kept for
required period) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
66 Amendment of s 72ZZN (Audit guidelines) . . . . . . . . . . . . . . . . . . . . . . . . . 60
67 Amendment of s 72ZZO (Audit of monitoring operations) . . . . . . . . . . . . . . 61
68 Amendment of s 72ZZP (Carrying out of audit) . . . . . . . . . . . . . . . . . . . . . . 62
69 Insertion of new s 72ZZPA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
72ZZPA Dealing with audit report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
70 Amendment of s 72ZZQ (Licensed operator to give documents
about audit to chief executive) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
71 Insertion of new s 72ZZQA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
72ZZQA Further information about audit
report or associated documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
5
Gaming Machine and Other Legislation
Amendment (No. 2)
72 Insertion of new ss 72ZZRA and 72ZZRB . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
72ZZRA Requirements for returns about employees . . . . . . . . . . . . . . . . . . 65
72ZZRB Requirements for notices about
unpaid amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
73 Replacement of s 74 (Unlicensed persons not to be service
contractors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
74 Entering into service contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
74 Amendment of s 75 (Licensing requirements for carrying out
gaming duties on licensed premises) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
75 Replacement of s 76B (Meaning of nominee) . . . . . . . . . . . . . . . . . . . . . . . 69
76B Meaning of nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
76 Amendment of s 76D (Nominees of licensees) . . . . . . . . . . . . . . . . . . . . . . . 70
77 Amendment of s 77 (Applications for licences under this part) . . . . . . . . . 70
78 Replacement of s 79 (Consideration of applications) . . . . . . . . . . . . . . . . . 71
79 Recommendation by chief executive about applications . . . . . . . . . 71
79 Amendment of s 82 (Issue of copy licence) . . . . . . . . . . . . . . . . . . . . . . . . . 73
80 Insertion of new s 91A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
91A Employment of licensed repairers . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
81 Amendment of s 92 (Returns about employees and agreements) . . . . . . . . 74
82 Amendment of s 98 (Installation and storage of gaming machines
by licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
83 Amendment of s 100 (Gaming equipment not to be an annoyance etc.) . . 74
84 Insertion of new ss 100A and100B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
100A Advertising gaming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
100B Directions about advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
85 Amendment of s 101 (Installation of electronic monitoring systems) . . . . . 76
86 Insertion of new s 101AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
101AA Approvals for gaming related systems . . . . . . . . . . . . . . . . . . . . . . . . 78
87 Amendment of s 102 (Maintenance of facilities etc.) . . . . . . . . . . . . . . . . . 79
88 Amendment of s 107 (Gaming tokens) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
89 Amendment of s 108 (Gaming tokens that are not Australian currency) . . 79
90 Replacement of ss 109-111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
109 Entitlement of players to winnings . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
6
Gaming Machine and Other Legislation
Amendment (No. 2)
110 Payments for gaming . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
110A Gaming by employees of licensees . . . . . . . . . . . . . . . . . . . . . . . . . . 82
111 Gaming system malfunctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
111A Notices and reports about payout refusal decisions . . . . . . . . . . . . . 83
111B Requests for review of payout refusal decisions . . . . . . . . . . . . . . . . 84
111C Review of payout refusal decisions . . . . . . . . . . . . . . . . . . . . . . . . . . 84
111D Review of initial review decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
111E Effect of reviews on payout refusal decisions . . . . . . . . . . . . . . . . . . 85
91 Amendment of s 112 (Defective gaming machines not allowed) . . . . . . . . 86
92 Amendment of s 113 (Security of keys etc.) . . . . . . . . . . . . . . . . . . . . . . . . . 87
93 Omission of s 117 (Minors cannot be employed) . . . . . . . . . . . . . . . . . . . . . 87
94 Amendment of s 118 (Minors cannot play gaming machines) . . . . . . . . . . 87
95 Amendment of s 119 (Minors cannot be allowed to game) . . . . . . . . . . . . . 88
96 Omission of ss 130-134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
97 Amendment of s 135 (Manufacture, sale, supply, obtaining or
possession of gaming machines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
98 Insertion of new s 135A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
135A Possession of gaming equipment and other property by
licensed monitoring operators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
99 Amendment of s 136 (Possession etc. of gaming machines and
restricted components by recognised manufacturers or suppliers of
gaming machines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
100 Amendment of s 137 (Possession etc. of restricted components by
recognised suppliers of restricted components) . . . . . . . . . . . . . . . . . . . . . . . 91
101 Amendment of s 138 (Possession etc. of gaming machines and
restricted components by licensed repairers) . . . . . . . . . . . . . . . . . . . . . . . . 91
102 Amendment of s 139 (Possession etc. of restricted components by
licensed service contractors) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
103 Amendment of s 140 (Possession etc. of gaming machines and
restricted components by licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
104 Amendment of s 141 (Possession etc. of gaming machines etc. by
other persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
105 Amendment of s 141B (Repossession of gaming machines) . . . . . . . . . . . . 94
106 Amendment of s 141C (Storage of gaming machines by operators
and financiers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
7
Gaming Machine and Other Legislation
Amendment (No. 2)
107 Omission of s 142 (Consignment or movement of gaming machines) . . . . 95
108 Amendment of s 142A (Destruction of gaming machines) . . . . . . . . . . . . . 95
109 Amendment of s 143 (Purchase of gaming machines etc.) . . . . . . . . . . . . . 95
110 Replacement of s 146 (Acceptance by chief executive of gaming
machines and games for evaluation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
146 Approval and rejection of gaming machines and games . . . . . . . . . 96
111 Amendment of s 146A (Replacing approved games) . . . . . . . . . . . . . . . . . . 97
112 Amendment of s 146B (Change to percentage returns) . . . . . . . . . . . . . . . . 97
113 Amendment of s 148 (Gaming machines supplied to be in
accordance with approval) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
114 Amendment of s 149 (Approval of linked jackpot arrangements) . . . . . . . . 98
115 Insertion of new s 149A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
149A Decisions about approvals for linked jackpot arrangements . . . . . 100
116 Amendment of s 152 (Unlawful interference with gaming equipment) . . 101
117 Amendment of s 153 (Protection of sensitive areas of gaming
equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
118 Amendment of s 155 (Use of unauthorised gaming machines) . . . . . . . . . 102
119 Amendment of s 156 (Monthly money clearances) . . . . . . . . . . . . . . . . . . 102
120 Amendment of s 157 (Weekly money clearances) . . . . . . . . . . . . . . . . . . . 102
121 Insertion of new s 157A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
157A Requirement for money clearance . . . . . . . . . . . . . . . . . . . . . . . . . . 103
122 Amendment of s 158 (Accounts and analyses) . . . . . . . . . . . . . . . . . . . . . . 103
123 Amendment of s 159 (Monthly gaming machine reconciliation reports) . 104
124 Replacement of ss 161 and 162 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
160A Licensees audit guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
161 Audit of gaming operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
161A Carrying out of audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
161B Dealing with audit report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
161C Associated documents for audit report for category 2 licensee . . . 107
161D Further information about audit report or associated documents . . 108
161E Notices about keeping accounting records . . . . . . . . . . . . . . . . . . . 109
161F Places at which licensee's accounting records to be kept . . . . . . . 110
162 Period for which licensee's accounting records to be kept . . . . . . 110
8
Gaming Machine and Other Legislation
Amendment (No. 2)
125 Amendment of s 163 (Monthly taxable metered win) . . . . . . . . . . . . . . . . 111
126 Amendment of s 164 (Monthly fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
127 Amendment of s 165 (Gaming machine tax) . . . . . . . . . . . . . . . . . . . . . . . 111
128 Amendment of s 170 (Payment of monthly fees, taxes etc.) . . . . . . . . . . . 112
129 Amendment of s 171 (Penalty for late payment) . . . . . . . . . . . . . . . . . . . . 113
130 Amendment of s 173 (Licensed operator's financial statement) . . . . . . . . 113
131 Amendment of s 175 (Adjustment of monthly fees etc. in certain
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
132 Amendment of s 176 (Recovery of fees and taxes) . . . . . . . . . . . . . . . . . . 114
133 Amendment of s 179 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
134 Amendment of s 180 (Directions to licensees and licensed operators) . . 115
135 Insertion of new s 180A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
180A Stop directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
136 Amendment of s 181 (Powers of inspectors) . . . . . . . . . . . . . . . . . . . . . . . . 116
137 Insertion of new ss 182A-182D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
182A Forfeiture of things that have been seized . . . . . . . . . . . . . . . . . . . . 117
182B Return of things that have been seized . . . . . . . . . . . . . . . . . . . . . . 118
182C Access to things that have been seized . . . . . . . . . . . . . . . . . . . . . . 118
182D Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
138 Amendment of s 184 (Review and termination of agreements) . . . . . . . . 119
139 Replacement of s 187 (Officers of division may be prohibited
from playing gaming machines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
187 Restricted officials prohibited from playing gaming machines . . . 120
140 Amendment of s 188 (Prohibition on control of applications by clubs) . . 120
141 Replacement of s 188A (Prohibition on control of gaming at clubs) . . . . 121
188A Prohibition on control of gaming at category 2 licensed
premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
142 Amendment of s 191 (Approvals and authorities under this Act) . . . . . . . 122
143 Amendment of s 193 (Bribery of commissioners or officers of division) . 122
144 Amendment of s 194 (Financial connections and interests of
officers of the division) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
145 Amendment of s 197 (Forgery and like offences) . . . . . . . . . . . . . . . . . . . . 125
146 Amendment of s 204 (Protection of officers etc.) . . . . . . . . . . . . . . . . . . . . 125
9
Gaming Machine and Other Legislation
Amendment (No. 2)
147 Amendment of s 206 (Proceedings for offences) . . . . . . . . . . . . . . . . . . . . 125
148 Replacement of s 209 (Forfeiture) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
209 Forfeiture on order of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
149 Amendment of s 211 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . 127
150 Amendment of s 212 (Disclosure of criminal history) . . . . . . . . . . . . . . . . 127
151 Amendment of s 215 (Regulation making power) . . . . . . . . . . . . . . . . . . . 128
152 Insertion of new s 217A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
217A Numbering and renumbering of Act . . . . . . . . . . . . . . . . . . . . . . . . . 128
153 Amendment of s 223 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
154 Insertion of new pt 11, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
Division 3--Provisions for Gaming Machine and Other Legislation
Amendment Act (No. 2) 1999
233 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
234 Continuation of appeals by former listed persons . . . . . . . . . . . . . . 129
235 Existing inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
236 Existing additional employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
237 Certain listed manufacturers taken to be licensed major dealers . 130
238 Listed suppliers taken to be licensed secondary dealers . . . . . . . . 131
239 Appeal decisions resulting in persons taken to be licensed
dealers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
240 Continuation of directions prohibiting the playing of
gaming machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
155 Penalty amendments--omitting imprisonment and retaining
number of penalty units at 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
156 Penalty amendments--omitting imprisonment and reducing
number of penalty units from 200 to 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
157 Penalty amendments--omitting imprisonment and reducing
number of penalty units from 200 to 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
PART 3--AMENDMENT OF CASINO CONTROL ACT 1982
158 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
159 Amendment of s 4 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
160 Insertion of new s 14A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
14A Approved evaluators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133
161 Amendment of s 44 (Cancellation or suspension of licence) . . . . . . . . . . 133
10
Gaming Machine and Other Legislation
Amendment (No. 2)
162 Amendment of s 62 (Gaming equipment and chips) . . . . . . . . . . . . . . . . . 134
PART 4--AMENDMENT OF CHARITABLE AND NON-PROFIT
GAMING ACT 1999
163 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
164 Amendment of s 10 (Meaning of "eligible association") . . . . . . . . . . . . . 135
165 Replacement of s 99 (Evaluating equipment) . . . . . . . . . . . . . . . . . . . . . . . 135
99 Evaluating equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
166 Amendment of s 100 (Deciding application) . . . . . . . . . . . . . . . . . . . . . . . 136
167 Insertion of new s 100A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
100A Approved evaluators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
168 Amendment of s 174 (Appeals) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
169 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
PART 5--AMENDMENT OF INTERACTIVE GAMBLING
(PLAYER PROTECTION) ACT 1998
170 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
171 Amendment of s 18 (Procedure for registration) . . . . . . . . . . . . . . . . . . . . . 137
172 Replacement of s 19 (Verification of player's identity) . . . . . . . . . . . . . . . 138
19 Restrictions for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
173 Amendment of s 20 (Player's account) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
174 Insertion of new s 20A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
20A Restrictions on deposits for player's account . . . . . . . . . . . . . . . . . 140
175 Insertion of new s 22A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
22A Accounting for account balances for restricted players . . . . . . . . . 140
176 Amendment of s 132 (Funds in player's account to be remitted
on demand) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
177 Amendment of s 134 (Licensed providers limited recourse to
players accounts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
178 Amendment of s 137 (Prohibition of interactive gambling) . . . . . . . . . . . . 142
179 Amendment of pt 7, div 13, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
180 Insertion of new s 159A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
159A Interrupted games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142
181 Amendment of s 160 (Aborted games) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
11
Gaming Machine and Other Legislation
Amendment (No. 2)
182 Amendment of s 162 (Approval of regulated interactive gambling
equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
183 Insertion of new s 163A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
163A Approved evaluators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
184 Amendment of sch 2 (Decisions of chief executive subject to appeal) . . 145
185 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
186 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
PART 6--AMENDMENT OF KENO ACT 1996
187 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
188 Amendment of s 145 (Approval of regulated keno equipment) . . . . . . . . . 146
189 Insertion of new s 146A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146
146A Approved evaluators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
190 Omission of s 234 (Court to which appeal may be made) . . . . . . . . . . . . . 147
191 Insertion of new s 237A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
237A Power to gather evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
192 Insertion of new pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
PART 13--TRANSITIONAL PROVISION FOR GAMING
MACHINE AND OTHER LEGISLATION AMENDMENT ACT (No. 2)
1999
244 Continuation of appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
193 Amendment of sch 2 (Decisions of chief executive subject to appeal) . . 149
194 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
PART 7--AMENDMENT OF LOTTERIES ACT 1997
195 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
196 Amendment of s 129 (Claims for prizes) . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
197 Amendment of s 133 (Approval of regulated lottery equipment) . . . . . . . 150
198 Insertion of new s 134A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
134A Approved evaluators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
199 Omission of s 219 (Court to which appeal may be made) . . . . . . . . . . . . . 151
200 Insertion of new s 222A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
222A Power to gather evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151
12
Gaming Machine and Other Legislation
Amendment (No. 2)
201 Insertion of new pt 12, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
Division 3--Transitional provision for Gaming Machine and Other
Legislation Amendment Act (No. 2) 1999
247 Continuation of appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
202 Amendment of sch 2 (Decisions of chief executive subject to appeal) . . 153
203 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
PART 8--AMENDMENT OF WAGERING ACT 1998
204 Act amended in pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
205 Amendment of s 208 (Approval of regulated wagering equipment) . . . . . 153
206 Insertion of new s 208A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
208A Approved evaluators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
207 Amendment of s 228 (Employment of minors prohibited) . . . . . . . . . . . . . 155
208 Amendment of s 291 (Appeals by authority operators) . . . . . . . . . . . . . . . 155
209 Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
PART 9--OTHER AMENDMENTS OF GAMING ACTS
210 Acts amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . 157
MINOR AMENDMENTS OF GAMING MACHINE ACT 1991
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . 161
OTHER AMENDMENTS OF GAMING ACTS
CASINO CONTROL ACT 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
INTERACTIVE GAMBLING (PLAYER PROTECTION) ACT 1998 . . . . 161
KENO ACT 1996 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
LOTTERIES ACT 1997 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
1999
A BILL
FOR
An Act to amend the Gaming Machine Act 1991 and certain other
Acts
s1 14 s4
Gaming Machine and Other Legislation
Amendment (No. 2)
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
title 3
Short
Clause 1. This Act may be cited as the Gaming Machine and Other Legislation 4
Amendment Act (No. 2) 1999. 5
6
Commencement
Clause 2.(1) Section 21, parts 3 to 9 and schedule 2 commence on assent. 7
(2) The remaining provisions commence on a day to be fixed by 8
proclamation. 9
PART 2--AMENDMENT OF GAMING MACHINE 10
ACT 1991 11
amended in pt 2 and sch 1 12
Act
Clause 3. This part and schedule 1 amend the Gaming Machine Act 1991. 13
of s 3 (Definitions) 14
Amendment
Clause 4.(1) Section 3, definitions "approved place", "associates (operators) 15
audit program", "audit guidelines", "division", "information notice", 16
"licensed operator", "listed person", "money clearance", "officer of the 17
division", "operators audit program", "recognised manufacturer or 18
supplier of gaming machines" and "recognised supplier of restricted 19
components"-- 20
omit. 21
s4 15 s4
Gaming Machine and Other Legislation
Amendment (No. 2)
(2) Section 3-- 1
insert-- 2
` "accounting record", of a licensee, means an accounting record required 3
to be kept and maintained by the licensee under section 158(1).1 4
"affected person", for a payout refusal decision, see section 111A(2)(a). 5
"appeal authority" means-- 6
(a) for an appeal against a decision mentioned in section 25A2--the 7
Magistrates Court; or 8
(b) for an appeal against a decision mentioned in section 25AA3--the 9
commission. 10
"approved accountant" means-- 11
(a) a member of the Institute of Chartered Accountants in Australia 12
who holds a current certificate of public practice issued by the 13
institute; or 14
(b) a member of the Australian Society of Certified Practising 15
Accountants who holds a current public practice certificate issued 16
by the society; or 17
(c) a member of the National Institute of Accountants who-- 18
(i) holds a current public practice certificate issued by the 19
institute; and 20
(ii) has satisfactorily completed an auditing component of a 21
course of study in accountancy at a tertiary level conducted 22
by an institution prescribed under the Corporations Law, 23
section 1280(2)(a)(ii);4 or 24
(d) a registered company auditor; or 25
(e) a person approved by the chief executive as having the necessary 26
1 Section 158 (Accounts and analyses)
2 Section 25A (Appeals to Magistrates Court)
3 Section 25AA (Appeals to commission)
4 Corporations Law, section 1280 (Registration of auditors)
s4 16 s4
Gaming Machine and Other Legislation
Amendment (No. 2)
experience or qualifications to conduct audits for the gaming 1
operations of licensees. 2
"approved evaluator" means an entity declared under a regulation to be an 3
approved evaluator. 4
"approved game" means a game approved by the chief executive under 5
section 145(1)(c) or 146(8).5 6
"approved place", for the keeping of a licensee's accounting records for 7
licensed premises of the licensee, means-- 8
(a) the licensed premises; or 9
(b) a place approved by the chief executive under section 161E(1)(a)6 10
for the records. 11
"approved place", for the keeping of monitoring records of a licensed 12
monitoring operator, means-- 13
(a) the operator's main office; or 14
(b) a place approved by the chief executive under 15
section 72ZZF(1)(a)7 for the records. 16
"associates (suppliers) audit program" means an audit program, for 17
investigating associates of licensed suppliers, approved by the Minister 18
under section 72ZB(1).8 19
"category 2 licensee" means a licensee of category 2 licensed premises. 20
"claimant", for a review of a payout refusal decision, see section 111C(2). 21
"decision maker", for an appeal made to the Magistrates Court under 22
section 25A or the commission under section 25AA, means the 23
person who made the decision appealed against. 24
"departmental gaming officer" means a departmental officer who 25
performs functions as a departmental officer solely or mainly for the 26
5 Section 145 (Procedure for determination of tenders) or 146 (Acceptance by
chief executive of gaming machines and games for evaluation)
6 Section 161E (Notices about keeping accounting records)
7 Section 72ZZF (Notices about keeping monitoring records)
8 Section 72ZB (Approving audit programs)
s4 17 s4
Gaming Machine and Other Legislation
Amendment (No. 2)
purposes of this Act or a gaming Act. 1
"departmental officer" means a public service employee employed in the 2
department, and includes any person to whom section 2369 applies. 3
"displayed win" see section 111(1). 4
"exempt accounting record" see section 161E. 5
"former licensee" see section 161(2). 6
"former operator" see section 72ZZO(2). 7
"gaming operations", of a licensee, means gaming conducted, and the 8
conduct of gaming, on the licensee's licensed premises. 9
"gaming related system" means-- 10
(a) an electronic monitoring system; or 11
(b) a centralised credit system. 12
"gaming system component" means-- 13
(a) a gaming machine; or 14
(b) gaming equipment, other than a gaming machine; or 15
(c) equipment, other than gaming equipment, that is ancillary or 16
related equipment for a gaming machine; or 17
(d) the approved game for a gaming machine. 18
"gaming system malfunction" means a malfunction of a gaming system 19
component. 20
"information notice" see section 6AC(1). 21
"inspectors audit program" means an audit program, for investigating 22
inspectors, approved by the Minister under section 28(1).10 23
"involved licensed monitoring operator", for a payout refusal decision 24
for a displayed win, means-- 25
(a) if paragraph (b) does not apply--a licensed monitoring operator 26
9 Section 236 (Existing additional employees)
10 Section 28 (Approving audit program for inspectors)
s4 18 s4
Gaming Machine and Other Legislation
Amendment (No. 2)
who, when the decision was made, was supplying basic 1
monitoring services to the involved licensee; or 2
(b) if, when the decision was made, the gaming machine to which the 3
displayed win related was part of a linked jackpot 4
arrangement--the licensed monitoring operator by whom the 5
arrangement was operated. 6
"involved licensee", for a payout refusal decision, see section 111A(2)(b). 7
"licensed dealer" means-- 8
(a) a licensed major dealer; or 9
(b) a licensed secondary dealer. 10
"licensed major dealer" means the holder of a major dealer's licence in 11
force under this Act. 12
"licensed monitoring operator" means the holder of an operator's licence 13
in force under this Act. 14
"licensed secondary dealer" means the holder of a secondary dealer's 15
licence in force under this Act. 16
"licensed supplier" means-- 17
(a) a licensed monitoring operator; or 18
(b) a licensed major dealer; or 19
(c) a licensed secondary dealer. 20
"licensees audit guidelines" see section 160A(1). 21
"main office", of a licensed monitoring operator, means-- 22
(a) the operator's principal place of business in the State; or 23
(b) if the operator is a corporation and has its registered office in the 24
State--its registered office. 25
"malfunction", of a gaming system component, means a failure of the 26
component to function-- 27
(a) in the way it is designed to function; and 28
(b) for a component programmed to function in a particular way--in 29
the way it is programmed to function. 30
s4 19 s4
Gaming Machine and Other Legislation
Amendment (No. 2)
"management letter" means a written notice-- 1
(a) that is issued by an auditor in relation to an audit; and 2
(b) that is not part of an audit report; and 3
(c) in which the auditor identifies issues the auditor considers may be 4
of concern to an entity or an entity's executive officers. 5
6
Examples of issues for paragraph (c)--
7
1. Weaknesses in an internal control structure.
8
2. Inefficiencies.
9
3. Potential areas of risk.
"money clearance" means-- 10
(a) for a gaming machine--the removal of gaming tokens from the 11
cash box or banknote acceptor of the gaming machine; or 12
(b) for a centralised credit system--the deduction of an amount in 13
relation to amounts received by a licensee from persons for 14
establishing gaming machine credits under the system for the 15
persons. 16
"operators audit guidelines" see section 72ZZN(1). 17
"payout refusal decision", for a displayed win, means a decision of a 18
gaming employee under section 111(2)11 refusing-- 19
(a) to make a payment, or to allow a payment to be made, to a person 20
for the credit the subject of the displayed win; or 21
(b) to pay, or to allow to be paid, to a person the amount the subject 22
of the displayed win; or 23
(c) to award, or to allow to be awarded, to a person the non-monetary 24
prize the subject of the displayed win. 25
"registrar", of the commission, means the officer of the department 26
responsible for the time being for performing functions as the registrar 27
of the commission. 28
"relevant chief executive" means the chief executive of the department in 29
11 Section 111 (Gaming system malfunctions)
s4 20 s4
Gaming Machine and Other Legislation
Amendment (No. 2)
which the Liquor Act 1992 is administered. 1
"restricted official" means an inspector or departmental officer-- 2
(a) to whom a direction has been given by the chief executive under 3
section 187(1);12 and 4
(b) for whom the direction is in force. 5
"review decision" see section 111C(4)(a). 6
"special facility liquor licence" means a licence mentioned in the Liquor 7
Act 1992, section 58(1)(f).13 8
"special facility premises" means premises to which a special facility 9
liquor licence relates. 10
"subsidiary operator" means-- 11
(a) an individual or body corporate to which the holder of a special 12
facility liquor licence has, with the approval of the relevant chief 13
executive-- 14
(i) let or sublet part of the special facility premises; and 15
(ii) let or sublet the right to sell liquor; or 16
(b) an individual or body corporate with which the holder of a special 17
facility liquor licence has, with the approval of the relevant chief 18
executive-- 19
(i) entered into a franchise or management agreement for part 20
of the special facility premises; and 21
(ii) let or sublet the right to sell liquor. 22
"suppliers audit program" means an audit program, for investigating 23
licensed suppliers, approved by the Minister under section 72ZB.14 24
"supplier's licence" means-- 25
(a) an operator's licence; or 26
12 Section 187 (Restricted officials prohibited from playing gaming machines)
13 Liquor Act 1992, section 58 (Available licences)
14 Section 72ZB (Approving audit programs)
s4 21 s4
Gaming Machine and Other Legislation
Amendment (No. 2)
(b) a major dealer's licence; or 1
(c) a secondary dealer's licence. 2
"supply operations", of a licensed supplier, means operations conducted 3
by the licensed supplier under its supplier's licence.'. 4
(3) Section 3, definition "additional premises application", `a club that 5
is a licensee'-- 6
omit, insert-- 7
`a category 2 licensee'. 8
(4) Section 3, definition "additional premises application", `club's'-- 9
omit, insert-- 10
`licensee's'. 11
(5) Section 3, definition "club liquor licence"-- 12
insert-- 13
`(c) a right to sell liquor held by a person as a subsidiary operator that 14
is a non-proprietary club.'. 15
(6) Section 3, definition "financial institution", paragraph (e)-- 16
omit. 17
(7) Section 3, definition "gaming trainer", `listed person'-- 18
omit, insert-- 19
`licensed dealer'. 20
(8) Section 3, definition "liquor licence"-- 21
insert-- 22
`(c) a right to sell liquor held by a person as a subsidiary operator.'. 23
(9) Section 3, definition "non-proprietary club", `a club whose'-- 24
omit, insert-- 25
`a body corporate whose'. 26
(10) Section 3, definition "non-proprietary club", paragraphs (a) 27
and (b), `club'-- 28
s5 22 s5
Gaming Machine and Other Legislation
Amendment (No. 2)
omit, insert-- 1
`body'. 2
(11) Section 3, definition "privately acquired gaming machine", 3
paragraph (a)(ii)-- 4
omit, insert-- 5
`(ii) a licensed monitoring operator, approved financier, gaming 6
trainer or licensed major dealer; or'. 7
of new ss 6AB and 6AC 8
Insertion
Clause 5. After section 6AA-- 9
insert-- 10
of "due date for payment" 11
`Meaning
`6AB.(1) This section applies if-- 12
(a) a contract is entered into between a licensed supplier and a 13
licensee under which an amount (other than a basic monitoring 14
fee) is payable by the licensee to the licensed supplier; and 15
(b) the contract does not state a due date for payment of the amount. 16
`(2) This section also applies if-- 17
(a) a contract is entered into between a licensed monitoring operator 18
and a licensee under which a basic monitoring fee is payable by 19
the licensee to the operator; and 20
(b) the contract does not state a due date for payment of the fee. 21
`(3) In this Act, a reference to the due date for payment of the amount or 22
fee is a reference to the date that is 1 month after the incurring of liability for 23
payment of the amount or fee. 24
of "information notice" 25
`Meaning
`6AC.(1) An "information notice" is a written notice of a decision 26
under this Act of the commission, the chief executive or an inspector 27
complying with the requirements of this section. 28
s6 23 s6
Gaming Machine and Other Legislation
Amendment (No. 2)
`(2) The information notice must state-- 1
(a) the decision to which it relates; and 2
(b) the reasons for the decision; and 3
(c) the appropriate appeal details; and 4
(d) how the appeal may be made. 5
`(3) For subsection (2)(c) the appropriate appeal details are as follows-- 6
(a) for a commission appeal notice--that the person to whom the 7
notice is given may appeal against the decision to which the notice 8
relates to the commission within 28 days after the person receives 9
the notice; 10
(b) for a court appeal notice--that the person to whom the notice is 11
given may appeal against the decision to which the notice relates 12
to a Magistrates Court within 28 days after the person receives the 13
notice; 14
(c) for a Minister appeal notice--that the person to whom the notice 15
is given may appeal against the decision to which the notice 16
relates to the Minister within 14 days after the person receives the 17
notice. 18
`(4) In this section-- 19
"commission appeal notice" means an information notice required to be 20
given to a person who has a right to appeal against the decision to 21
which the notice relates to the commission. 22
"court appeal notice" means an information notice required to be given to 23
a person who has a right to appeal against the decision to which the 24
notice relates to a Magistrates Court. 25
"Minister appeal notice" means an information notice required to be 26
given to a person who has a right to appeal against the decision to 27
which the notice relates to the Minister.'. 28
of s 24 (Appeals to Minister) 29
Amendment
Clause 6.(1) Section 24(1)(b), `or a listed person'-- 30
s7 24 s7
Gaming Machine and Other Legislation
Amendment (No. 2)
omit. 1
(2) Section 24-- 2
insert-- 3
`(7A) Nothing in sections 25B to 25F applies to an appeal under this 4
section.'. 5
(3) Section 24(8)(ba), `club's'-- 6
omit, insert-- 7
`category 2 licensee's'. 8
(4) Section 24(8)(o) and (p)-- 9
omit. 10
(5) Section 24(9)(a), `an operator's licence'-- 11
omit, insert-- 12
`a supplier's licence'. 13
(6) Section 24(9)(b)-- 14
omit, insert-- 15
`(b) a decision of the chief executive under section 72Y15 refusing, on 16
an application made on the ground mentioned in subsection (1)(a) 17
of the section, to replace a supplier's licence.'. 18
of new s 25AA 19
Insertion
Clause 7. After section 25A-- 20
insert-- 21
to commission 22
`Appeals
`25AA.(1) A person who seeks the chief executive's approval for 23
section 101 or 14916 may appeal to the commission against a decision of 24
15 Section 72Y (Replacement of licence)
16 Section 101 (Installation, operation and modification of gaming related systems)
or 149 (Requirements for approvals for linked jackpot arrangements)
s8 25 s9
Gaming Machine and Other Legislation
Amendment (No. 2)
the chief executive refusing to give the approval. 1
`(2) A person who submits a gaming machine type or game to the chief 2
executive under section 14617 for evaluation may appeal to the commission 3
against a decision of the chief executive rejecting the gaming machine type 4
or game. 5
`(3) The owner of an article, record or other thing seized by an inspector 6
may appeal to the commission against a decision of an inspector under 7
section 182A18 resulting in the thing being forfeited.'. 8
of s 25B (Starting appeal) 9
Amendment
Clause 8.(1) Section 25B(1), after `An appeal'-- 10
insert-- 11
`to the Magistrates Court'. 12
(2) Section 25B-- 13
insert-- 14
`(1A) An appeal to the commission is started by-- 15
(a) filing a written notice of appeal with the registrar of the 16
commission; and 17
(b) serving a copy of the notice on the chief executive.'. 18
(3) Section 25B(3), `court'-- 19
omit, insert-- 20
`appeal authority'. 21
of s 25C (Stay of operations of decisions) 22
Amendment
Clause 9.(1) Section 25C(1), `Magistrates Court'-- 23
omit, insert-- 24
17 Section 146 (Approval and rejection of gaming machines and games)
18 Section 182A (Forfeiture of things that have been seized)
s 10 26 s 11
Gaming Machine and Other Legislation
Amendment (No. 2)
`appeal authority'. 1
(2) Section 25C(2) and (3), `court'-- 2
omit, insert-- 3
`appeal authority'. 4
(3) Section 25C(3), `stay'-- 5
omit, insert-- 6
`period of a stay under this section'. 7
of s 25D (Hearing procedures) 8
Amendment
Clause 10.(1) Section 25D(1), `Magistrates Court'-- 9
omit, insert-- 10
`appeal authority'. 11
(2) Section 25D(1)(a), `commission'-- 12
omit, insert-- 13
`decision maker'. 14
(3) Section 25D(1)(d)-- 15
omit, insert-- 16
`(d) if the appeal authority is the commission--may hear the appeal in 17
public or in private.'. 18
of new s 25DA 19
Insertion
Clause 11. After section 25D-- 20
insert-- 21
of commission to gather evidence 22
`Power
`25DA.(1) This section applies only to an appeal made to the 23
commission. 24
`(2) The commission may, by written notice signed by the registrar, 25
require a person-- 26
s 12 27 s 12
Gaming Machine and Other Legislation
Amendment (No. 2)
(a) to give written answers to questions, or produce a document, 1
stated in the notice for an appeal mentioned in the notice; or 2
(b) to appear before the commission at a stated time and place to 3
answer questions, or produce a stated document, related to an 4
appeal mentioned in the notice. 5
`(3) A notice under subsection (2)(a) may require the answers to 6
questions given in response to the notice to be verified by statutory 7
declaration. 8
`(4) A person must not, without reasonable excuse-- 9
(a) fail to comply with a requirement of a notice under this section; or 10
(b) if appearing for examination before the commission-- 11
(i) fail to take an oath or make an affirmation when required to 12
do so by a member of the commission or the registrar; or 13
(ii) fail to answer a question relevant to the subject of the appeal 14
to the best of the person's knowledge, information or belief; 15
or 16
(iii) fail to produce a document the person is required to produce 17
under subsection (2)(b). 18
Maximum penalty--40 penalty units. 19
`(5) A member of the commission may administer an oath or 20
affirmation to a person appearing before the commission for examination. 21
`(6) It is a reasonable excuse for a person to fail to comply with a 22
requirement to answer a question or produce a document if complying with 23
the requirement might tend to incriminate the person.'. 24
of s 25E (Powers of court on appeal) 25
Amendment
Clause 12.(1) Section 25E, heading-- 26
omit, insert-- 27
`Powers of appeal authority'. 28
(2) Section 25E(1), `Magistrates Court'-- 29
s 13 28 s 14
Gaming Machine and Other Legislation
Amendment (No. 2)
omit, insert-- 1
`appeal authority'. 2
(3) Section 25E(1)(c), `commission'-- 3
omit, insert-- 4
`decision maker'. 5
(4) Section 25E(1)(c), `court'-- 6
omit, insert-- 7
`appeal authority'. 8
(5) Section 25E(2)-- 9
omit, insert-- 10
`(2) If the appeal authority substitutes another decision, the substituted 11
decision is, for this Act (other than section 25A or 25AA), taken to be the 12
decision maker's decision. 13
`(3) For an appeal to the commission, the commission must immediately 14
give the parties to the appeal written notice of its decision on the appeal and 15
the reasons for its decision.'. 16
of s 25F (Appeal to District Court) 17
Amendment
Clause 13. Section 25F, `a Magistrates Court'-- 18
omit, insert-- 19
`an appeal authority'. 20
of ss 26-28 21
Replacement
Clause 14. Sections 26 to 28-- 22
omit, insert-- 23
24
`Inspectors
`26. The chief executive may appoint as inspectors-- 25
s 14 29 s 14
Gaming Machine and Other Legislation
Amendment (No. 2)
(a) public service officers or employees; or 1
(b) other persons prescribed under a regulation. 2
for appointment as inspector 3
`Qualifications
`27.(1) The chief executive may appoint a person as an inspector only 4
if-- 5
(a) the chief executive considers the person has the necessary 6
expertise or experience to be an inspector; or 7
(b) the person has satisfactorily finished training approved by the 8
chief executive. 9
`(2) Also, the chief executive may appoint a person as an inspector only 10
if the chief executive is satisfied the person is a suitable person to be an 11
inspector, having regard to-- 12
(a) the person's character; and 13
(b) the person's current financial position and financial background. 14
`(3) Before appointing a person as an inspector, the chief executive may 15
investigate the person to help the chief executive decide whether the person 16
is a suitable person to be an inspector. 17
audit program for inspectors 18
`Approving
`28.(1) The Minister may approve an audit program for investigating 19
inspectors. 20
`(2) An audit program approved by the Minister may not provide for the 21
investigation of inspectors under the program at intervals of less than 22
2 years. 23
inspectors 24
`Investigating
`28A.(1) The chief executive may investigate an inspector to help the 25
chief executive decide whether the inspector is a suitable person to be an 26
inspector. 27
`(2) However, the chief executive may investigate an inspector only if-- 28
s 14 30 s 14
Gaming Machine and Other Legislation
Amendment (No. 2)
(a) the investigation is conducted under an inspectors audit program; 1
or 2
(b) the chief executive reasonably suspects the inspector is not a 3
suitable person to be an inspector. 4
`(3) The chief executive must ensure the investigation of an inspector 5
under an inspectors audit program is conducted in compliance with the 6
program. 7
of inspectors 8
`Powers
`28B.(1) An inspector has the powers given under this Act. 9
`(2) An inspector is subject to the directions of the chief executive in 10
exercising the powers. 11
`(3) An inspector's powers may be limited-- 12
(a) under a condition of appointment; or 13
(b) by written notice given by the chief executive to the inspector. 14
conditions for inspectors 15
`Appointment
`28C.(1) An inspector holds office on the conditions stated in the 16
instrument of appointment. 17
`(2) An inspector ceases holding office as follows-- 18
(a) if the appointment provides for a term of appointment--at the end 19
of the term; 20
(b) if the appointment conditions provide--on ceasing to hold 21
another office (the "main office") stated in the appointment 22
conditions. 23
`(3) An inspector may resign by signed notice of resignation given to the 24
chief executive. 25
`(4) However, an inspector may not resign from the office of inspector 26
(the "secondary office") if a term of the inspector's employment for the 27
main office requires the inspector to hold the secondary office. 28
s 14 31 s 14
Gaming Machine and Other Legislation
Amendment (No. 2)
cards for inspectors 1
`Identity
`28D.(1) The chief executive must give each inspector an identity card. 2
`(2) The identity card must-- 3
(a) contain a recent photograph of the inspector; and 4
(b) be signed by the inspector; and 5
(c) include an expiry date; and 6
(d) identify the person as an inspector under this Act. 7
of identity cards 8
`Return
`28E. A person who ceases to be an inspector must return the person's 9
identity card to the chief executive as soon as practicable (but within 10
21 days) after ceasing to be an inspector, unless the person has a reasonable 11
excuse. 12
Maximum penalty--40 penalty units. 13
or display of identity cards 14
`Production
`28F.(1) An inspector may exercise a power in relation to someone else 15
(the "other person") only if the inspector-- 16
(a) first produces the inspector's identity card for the other person's 17
inspection; or 18
(b) has the identity card displayed so it is clearly visible to the other 19
person. 20
`(2) However, if for any reason it is not practicable to comply with 21
subsection (1) before exercising the power, the inspector must produce the 22
identity card for the other person's inspection at the first reasonable 23
opportunity. 24
evaluators 25
`Approved
`28G. The Governor in Council may, under a regulation, declare an 26
entity to be an approved evaluator for evaluating-- 27
s 15 32 s 17
Gaming Machine and Other Legislation
Amendment (No. 2)
(a) centralised credit systems; and 1
(b) electronic monitoring systems; and 2
(c) gaming machine types and games; and 3
(d) linked jackpot arrangements.'. 4
of s 29 (Officers of division to be of good repute) 5
Amendment
Clause 15.(1) Section 29, heading, `Officers of division'-- 6
omit, insert-- 7
`Departmental gaming officers'. 8
(2) Section 29(1), `Officers of the division'-- 9
omit, insert-- 10
`Departmental gaming officers'. 11
(3) Section 29(2) and (3)-- 12
omit, insert-- 13
`(2) Before a person is appointed to be a departmental gaming officer, the 14
chief executive may investigate the person for the purpose of finding out 15
whether the person is of good repute.'. 16
(4) Section 29(4), `an officer of the division'-- 17
omit, insert-- 18
`a departmental gaming officer'. 19
of s 30 (Machine Gaming Division) 20
Omission
Clause 16. Section 30-- 21
omit. 22
of s 30A (Delegation by Minister) 23
Amendment
Clause 17.(1) Section 30A, `powers under this Act'-- 24
omit, insert-- 25
s 18 33 s 19
Gaming Machine and Other Legislation
Amendment (No. 2)
`designated powers'. 1
(2) Section 30A-- 2
insert-- 3
`(2) In this section-- 4
"designated powers", of the Minister, means-- 5
(a) the powers of the Minister under sections 72ZB and 90;19 or 6
(b) the power of the Minister to give a direction for 7
section 72ZRA(3)(b);20 or 8
(c) the power of the Minister to determine criteria for 9
section 76(1)(b)(ii).21'. 10
of s 34 (Criminal history reports for investigations) 11
Amendment
Clause 18. Section 34(1), `section 29(4),' to `72ZC(1),'-- 12
omit, insert-- 13
`sections 27(3), 28A(1), 29(2) and (4), 40(2)(a), 60(1), 72ZC,'. 14
of s 35 (Secrecy) 15
Amendment
Clause 19.(1) Section 35(2), words before paragraph (a)-- 16
omit, insert-- 17
`(2) A person who is or was a departmental officer--'. 18
(2) Section 35(2)(b)-- 19
omit, insert-- 20
`(b) must not communicate or reveal the information.'. 21
(3) Section 35(2A)-- 22
19 Sections 72ZB (Approving audit programs) and 90 (Approving audit programs for
licensed gaming nominees and associates)
20 Section 72ZRA (Terms of appointment, and role, of administrator)
21 Section 76 (Certain persons must apply for gaming employee's licence)
s 19 34 s 19
Gaming Machine and Other Legislation
Amendment (No. 2)
omit, insert-- 1
`(2A) A person who is a licensed monitoring operator or was a licensed 2
operator or licensed monitoring operator must not communicate or reveal 3
information about a licensee's operations that the person obtained in the 4
course of the person's operations as a licensed monitoring operator or 5
licensed operator. 6
Maximum penalty--200 penalty units or 1 year's imprisonment.'. 7
(4) Section 35(2B), words before `(whether'-- 8
omit, insert-- 9
`(2B) A person who is employed by or works for a licensed monitoring 10
operator, or a person who was employed by or worked for a licensed 11
operator or licensed monitoring operator'. 12
(5) Section 35(2C)(c), `or commission'-- 13
omit. 14
(6) Section 35(3) to (5)-- 15
omit, insert-- 16
`(3) The chief executive may, for a person mentioned in subsection (2), 17
(2A) or (2B), approve the communication or revealing of information 18
mentioned in the subsection by the person to-- 19
(a) an entity prescribed under a regulation; or 20
(b) an officer, employee or member of the entity; or 21
(c) a stated department, office holder or person. 22
`(4) If, under an approval of the chief executive under subsection (3), 23
information is communicated or revealed by a person mentioned in 24
subsection (2), (2A) or (2B) to an entity, department or person, the entity, 25
department or person, and each employee or other person under the control 26
of the entity, department or person-- 27
(a) is, for the information, taken to be a person to whom the secrecy 28
provision applies; and 29
(b) is taken to have gained the information in the way mentioned in 30
the secrecy provision.'. 31
s 20 35 s 22
Gaming Machine and Other Legislation
Amendment (No. 2)
(7) Section 35(6), `the commission'-- 1
omit, insert-- 2
`the chief executive'. 3
(8) Section 35-- 4
insert-- 5
`(7) In this section-- 6
"secrecy provision", for information communicated or revealed by a 7
person under this section, means the subsection (being subsection (2), 8
(2A) or (2B)) in which the person by whom the information is 9
communicated or revealed is mentioned.'. 10
of s 36 (Identification cards) 11
Omission
Clause 20. Section 36-- 12
omit. 13
of s 38 (Gaming lawful and does not constitute nuisance) 14
Amendment
Clause 21. Section 38-- 15
insert-- 16
`(1A) Without limiting subsection (1)(a), the other information or 17
material the commission may have regard to includes information or 18
material about social and community issues.'. 19
of s 39 (Application for gaming machine licences) 20
Amendment
Clause 22.(1) Section 39(1)(d)(iii)-- 21
omit. 22
(2) Section 39(1)(e) and (f)-- 23
omit, insert-- 24
`(e) an individual who has applied to become the holder of a general 25
liquor licence; or 26
s 23 36 s 25
Gaming Machine and Other Legislation
Amendment (No. 2)
(f) a subsidiary operator, other than a subsidiary operator that is a 1
non-proprietary club.'. 2
(3) Section 39(6)-- 3
omit. 4
of s 40 (Recommendation by chief executive about 5
Amendment
application for gaming machine licence) 6
Clause 23.(1) Section 40(5), `the applicant agrees'-- 7
omit, insert-- 8
`the applicant, if asked, agrees'. 9
(2) Section 40(8)(c)-- 10
insert-- 11
`(iii) the public interest; or'. 12
of s 40A (Decision on application for gaming machine 13
Amendment
licence) 14
Clause 24. Section 40A(11), definition "election", after `committee'-- 15
insert-- 16
`or board'. 17
of s 41 (Application by clubs for additional licensed 18
Amendment
premises) 19
Clause 25.(1) Section 41, heading, `by clubs'-- 20
omit. 21
(2) Section 41(1), `club that is a licensee'-- 22
omit, insert-- 23
`category 2 licensee'. 24
(3) Section 41(1), `club's'-- 25
s 26 37 s 28
Gaming Machine and Other Legislation
Amendment (No. 2)
omit, insert-- 1
`licensee's'. 2
of s 41A (Recommendation by chief executive about 3
Amendment
additional premises application) 4
Clause 26. Section 41A(6)(a)-- 5
insert-- 6
`(iii) the public interest; or'. 7
of s 42A (Changes in circumstances of licensees of 8
Amendment
category 2 licensed premises) 9
Clause 27.(1) Section 42A, heading-- 10
omit, insert-- 11
`Changes in circumstances of category 2 licensees'. 12
(2) Section 42A(1), words before paragraph (a)-- 13
omit, insert-- 14
`42A.(1) This section applies to a category 2 licensee, in relation to the 15
category 2 licensed premises, if--'. 16
(3) Section 42A(3), words before paragraph (b)-- 17
omit, insert-- 18
`(3) For subsection (1)(a), the relevant time, for the category 2 licensee, 19
is-- 20
(a) the time the licensee became the licensee of the category 2 21
licensed premises; or'. 22
of s 46 (Issue of copy gaming machine licences) 23
Amendment
Clause 28.(1) Section 46, heading, after `copy'-- 24
insert-- 25
`or replacement'. 26
s 29 38 s 29
Gaming Machine and Other Legislation
Amendment (No. 2)
(2) Section 46-- 1
insert-- 2
`(1A) If the chief executive is satisfied the name of a licensee has been 3
changed, the chief executive must issue to the licensee a fresh licence, 4
stating the licensee's current name, to replace the licence (the "affected 5
licence") previously issued to the licensee. 6
`(1B) However, the chief executive is required to issue a licence to a 7
licensee under subsection (1A) only if-- 8
(a) the fee prescribed under a regulation for the issue of the licence 9
has been paid to the chief executive; and 10
(b) the licensee's affected licence has been returned to the chief 11
executive.'. 12
of s 55A (Directions to licensees about authorised gaming 13
Amendment
machines) 14
Clause 29. Section 55A(2)-- 15
omit, insert-- 16
`(2) However, the chief executive may give a direction about a gaming 17
machine only if-- 18
(a) the game that may be played on the machine is not an approved 19
game; or 20
(b) if the game that may be played on the machine is an approved 21
game--the chief executive reasonably believes subsection (2A) 22
applies to the machine. 23
`(2A) This subsection applies for subsection (2)(b) if-- 24
(a) the machine malfunctions when it is being used; and 25
(b) the making of the proposed alteration will stop the machine 26
malfunctioning; and 27
(c) without the proposed alteration being made, the continued use of 28
the machine may compromise proper standards of integrity 29
s 30 39 s 32
Gaming Machine and Other Legislation
Amendment (No. 2)
affecting gaming or adversely affect the public interest in some 1
other way.'. 2
of s 57C (Matters to be taken into account for decrease 3
Amendment
proposal) 4
Clause 30. Section 57C(4)(d), words before subparagraph (ii)-- 5
omit, insert-- 6
`(d) if the licensee of the subject premises is a category 2 licensee-- 7
(i) the interests of the members of the licensee; and'. 8
of s 58 (Relocation of gaming machine areas) 9
Amendment
Clause 31.(1) Section 58(1), `the licensee's licensed premises'-- 10
omit, insert-- 11
`licensed premises of the licensee'. 12
(2) Section 58(1), penalty-- 13
omit, insert-- 14
`Maximum penalty--40 penalty units.'. 15
(3) Section 58(5) and (6), penalties, `or 1 year's imprisonment'-- 16
omit. 17
of s 64 (Cancellation or suspension of gaming machine 18
Amendment
licences and letters of censure) 19
Clause 32.(1) Section 64(1)(c)(v), `is a club'-- 20
omit, insert-- 21
`is a category 2 licensee'. 22
(2) Section 64(1)(c)(v), `the club'-- 23
omit, insert-- 24
`the licensee'. 25
s 33 40 s 34
Gaming Machine and Other Legislation
Amendment (No. 2)
(3) Section 64(1)(c)(v), `the club's'-- 1
omit, insert-- 2
`the licensee's'. 3
(4) Section 64-- 4
insert-- 5
`(16A) In the application of subsection (1)(c)(v)(L) to a category 2 6
licensee, a reference in a paragraph of section 40A(4) to a club that is an 7
applicant for a gaming machine licence is taken to be a reference to the 8
licensee.'. 9
(5) Section 64(17), definition "directly interested person", 10
paragraph (c)-- 11
omit, insert-- 12
`(c) for a category 2 licensee--a member of the licensee.'. 13
of s 69 (Appointment of administrator instead of 14
Amendment
suspension) 15
Clause 33.(1) Section 69(1), `a club'-- 16
omit, insert-- 17
`a category 2 licensee'. 18
(2) Section 69, `the club'-- 19
omit, insert-- 20
`the licensee'. 21
of s 70 (Expenses of administration) 22
Amendment
Clause 34.(1) Section 70(1), `a club'-- 23
omit, insert-- 24
`a category 2 licensee'. 25
(2) Section 70(1), `the club'-- 26
s 35 41 s 37
Gaming Machine and Other Legislation
Amendment (No. 2)
omit, insert-- 1
`the licensee'. 2
of s 71 (Liability for losses incurred during 3
Amendment
administration) 4
Clause 35.(1) Section 71, `a club'-- 5
omit, insert-- 6
`a category 2 licensee'. 7
(2) Section 71, `the club'-- 8
omit, insert-- 9
`the licensee'. 10
of pt 3A, hdg (Licensing of monitoring operators) 11
Amendment
Clause 36. Part 3A, heading, after `OPERATORS'-- 12
insert-- 13
`AND DEALERS'. 14
of ss 72A-72C 15
Replacement
Clause 37. Sections 72A to 72C-- 16
omit, insert-- 17
to particular licensed suppliers 18
`References
`72A. In this Act, a reference to a licensed supplier in association with a 19
reference to a supplier's licence is a reference to the licensed supplier who 20
holds the supplier's licence. 21
to particular suppliers' licences 22
`References
`72B. In this Act, a reference to a supplier's licence in association with a 23
reference to a licensed supplier is a reference to the supplier's licence held 24
by the licensed supplier.'. 25
s 38 42 s 38
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 72E (Suitability of applicants for, and holders of, 1
Amendment
monitoring operators' licences) 2
Clause 38.(1) Section 72E, heading, `monitoring operators' '-- 3
omit, insert-- 4
`suppliers' '. 5
(2) Section 72E(1)(a) and (b)-- 6
omit, insert-- 7
`(a) an applicant (the "involved body") for an operator's licence, or a 8
licensed monitoring operator (also the "involved body"), is a 9
suitable person to hold an operator's licence; or 10
(b) an applicant (also the "involved body") for a major dealer's 11
licence, or a licensed major dealer (also the "involved body" ), is 12
a suitable person to hold a major dealer's licence; or 13
(c) an applicant (also the "involved body") for a secondary dealer's 14
licence, or a licensed secondary dealer (also the "involved 15
body"), is a suitable person to hold a secondary dealer's licence.'. 16
(3) Section 72E(2)(d)-- 17
omit, insert-- 18
`(d) the involved body's general suitability to hold a supplier's licence 19
of the kind applied for, or held, by the involved body;'. 20
(4) Section 72E(2)(f), `the operations of a licensed operator'-- 21
omit, insert-- 22
`operations conducted under a supplier's licence of the kind applied for, 23
or held, by the involved body'. 24
(5) Section 72E(2)(g) and (h)-- 25
omit, insert-- 26
`(g) whether the involved body has, or is able to obtain, the services of 27
persons with appropriate business ability, knowledge or 28
experience to enable the involved body to successfully conduct 29
operations under a supplier's licence of the kind applied for, or 30
held, by the involved body;'. 31
s 39 43 s 40
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 72F (Suitability of associates) 1
Amendment
Clause 39. Section 72F(1)(a) and (b)-- 2
omit, insert-- 3
`(a) an associate of an applicant for an operator's licence, or of a 4
licensed monitoring operator, is a suitable person to be associated 5
with the monitoring operations of a licensed monitoring operator; 6
or 7
(b) an associate of an applicant for a major dealer's licence, or of a 8
licensed major dealer, is a suitable person to be associated with 9
the supply operations of a licensed major dealer; or 10
(c) an associate of an applicant for a secondary dealer's licence, or of 11
a licensed secondary dealer, is a suitable person to be associated 12
with the supply operations of a licensed secondary dealer.'. 13
of s 72M (Investigations about application) 14
Amendment
Clause 40.(1) Section 72M(1)-- 15
omit, insert-- 16
`72M.(1) In considering an application for a supplier's licence, the chief 17
executive must conduct the investigations the chief executive considers are 18
necessary to help the chief executive decide-- 19
(a) whether the applicant is a suitable person to hold a supplier's 20
licence of the kind applied for; and 21
(b) if there is a disclosed associate for the applicant--whether the 22
associate is a suitable person to be associated with the operations 23
of a licensed supplier holding a supplier's licence of the kind 24
applied for.'. 25
(2) Section 72M(2), `an associate of a licensed operator'-- 26
omit, insert-- 27
`associated with the operations of a licensed supplier holding a supplier's 28
licence of the kind applied for'. 29
s 41 44 s 42
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 72O (Recommendation about application) 1
Amendment
Clause 41.(1) Section 72O(1) and (6), `an operator's licence'-- 2
omit, insert-- 3
`a supplier's licence'. 4
(2) Section 72O(2)(a)-- 5
omit, insert-- 6
`(a) the suitability of the applicant to hold a supplier's licence of the 7
kind applied for; and'. 8
(3) Section 72O(2)(b) and (3), `an associate of a licensed operator'-- 9
omit, insert-- 10
`associated with the operations of a licensed supplier holding a supplier's 11
licence of the kind applied for'. 12
(4) Section 72O(4), `to be a licensed operator'-- 13
omit, insert-- 14
`to hold a supplier's licence of the kind applied for'. 15
of s 72Q (Conditions of licences) 16
Amendment
Clause 42.(1) Section 72Q(1), `An operator's licence'-- 17
omit, insert-- 18
`A supplier's licence'. 19
(2) Section 72Q(1)(c)-- 20
omit, insert-- 21
`(c) for the proper conduct of the licensed supplier's supply 22
operations, including, for a licensed monitoring operator, its 23
operations involving electronic monitoring systems.'. 24
(3) Section 72Q(2), `an operator's licence'-- 25
omit, insert-- 26
`a supplier's licence'. 27
s 43 45 s 44
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 72S (Duration of licence) 1
Amendment
Clause 43. Section 72S-- 2
insert-- 3
`(2) A dealer's licence remains in force for 5 years from its date of 4
issue.'. 5
of new s 72SA 6
Insertion
Clause 44. Part 3A, division 3, after section 72S-- 7
insert-- 8
licences 9
`Provisional
`72SA.(1) The commission may grant to an applicant for a supplier's 10
licence a provisional licence for the kind of licence applied for. 11
`(2) However, the commission may grant a provisional licence only if 12
the commission considers-- 13
(a) a decision about the applicant's application for a supplier's licence 14
may not be made for some time; and 15
(b) the conduct of gaming may be prejudiced or disadvantaged if the 16
applicant is not granted the provisional licence; and 17
(c) the issue of the provisional licence to the applicant will not 18
prejudice or disadvantage gaming or the conduct of gaming. 19
`(3) The commission may grant a provisional licence-- 20
(a) on conditions the commission considers necessary or desirable 21
for the proper conduct of gaming; and 22
(b) on other conditions the commission considers necessary or 23
desirable in the public interest. 24
`(4) If the commission grants a provisional licence to a person, the chief 25
executive must immediately issue the licence to the person. 26
`(5) A provisional licence must be in the approved form. 27
`(6) A provisional licence issued to an applicant for a supplier's licence 28
remains in force until-- 29
s 45 46 s 47
Gaming Machine and Other Legislation
Amendment (No. 2)
(a) a supplier's licence of the kind applied for is issued to the 1
applicant; or 2
(b) the commission decides to refuse to grant the application; or 3
(c) the licence is surrendered or cancelled. 4
`(7) While a provisional licence for a particular kind of supplier's licence 5
is in force, it has the same effect, and this Act applies to the holder of the 6
licence, as if the licence were a supplier's licence of that kind.'. 7
of s 72T (Changing conditions of licence) 8
Amendment
Clause 45.(1) Section 72T(1) and (4), `an operator's licence'-- 9
omit, insert-- 10
`a supplier's licence'. 11
(2) Section 72T(1)(c)-- 12
omit, insert-- 13
`(c) for the proper conduct of the licensed supplier's supply 14
operations, including, for a licensed monitoring operator, its 15
operations involving electronic monitoring systems.'. 16
(3) Section 72T(2), `operator'-- 17
omit, insert-- 18
`supplier'. 19
of s 72W (Renewal of licence--application) 20
Amendment
Clause 46. Section 72W(1)-- 21
omit, insert-- 22
`72W.(1) A licensed supplier may apply for renewal of its supplier's 23
licence.'. 24
of s 72X (Renewal of licence--decision) 25
Amendment
Clause 47.(1) Section 72X(1), `an operator's licence'-- 26
s 48 47 s 48
Gaming Machine and Other Legislation
Amendment (No. 2)
omit, insert-- 1
`a supplier's licence'. 2
(2) Section 72X(2), `operator'-- 3
omit, insert-- 4
`supplier'. 5
(3) Section 72X(4), `10 years'-- 6
omit, insert-- 7
`the standard licence period'. 8
(4) Section 72X-- 9
insert-- 10
`(5) In this section-- 11
"standard licence period" means-- 12
(a) for an operator's licence--10 years; or 13
(b) for a dealer's licence--5 years.'. 14
of ss 72Y and 72Z 15
Replacement
Clause 48. Sections 72Y and 72Z-- 16
omit, insert-- 17
of licence 18
`Replacement
`72Y.(1) A licensed supplier may apply to the chief executive for the 19
replacement of its supplier's licence if-- 20
(a) the licence is lost, stolen, destroyed or damaged; or 21
(b) the licensee's name changes. 22
`(2) The application must be accompanied by-- 23
(a) the fee prescribed under a regulation for issuing a replacement 24
licence; and 25
(b) for a lost licence application based on damage or a name change 26
application--the licensed supplier's current licence. 27
s 49 48 s 49
Gaming Machine and Other Legislation
Amendment (No. 2)
`(3) The chief executive must consider the application and either-- 1
(a) replace the licence by issuing another supplier's licence to the 2
applicant with, for a name change application, the name of the 3
licensed supplier changed to reflect the licensed supplier's current 4
name; or 5
(b) refuse to replace the licence. 6
`(4) The chief executive must replace the licence if-- 7
(a) for a lost licence application--the chief executive is satisfied the 8
licence-- 9
(i) has been lost, stolen or destroyed; or 10
(ii) has been damaged in a way to require its replacement; or 11
(b) for a name change application--the chief executive is satisfied the 12
change of name has taken place. 13
`(5) If, on a lost licence application, the chief executive refuses to replace 14
the licence, the chief executive must immediately give the applicant an 15
information notice for the decision. 16
`(6) If, on a name change application, the chief executive refuses to 17
replace the licence, the chief executive must immediately give the applicant a 18
written notice stating the decision and the reason for the decision. 19
`(7) In this section-- 20
"lost licence application" means an application under this section made on 21
a ground mentioned in subsection (1)(a). 22
"name change application" means an application under this section made 23
on the ground mentioned in subsection (1)(b). 24
not transferable 25
`Licence
`72Z. A supplier's licence is not transferable.'. 26
of s 72ZA (Surrender of licence) 27
Amendment
Clause 49.(1) Section 72ZA(1), `operator'-- 28
s 50 49 s 50
Gaming Machine and Other Legislation
Amendment (No. 2)
omit, insert-- 1
`supplier'. 2
(2) Section 72ZA(1), `the operator's licence'-- 3
omit, insert-- 4
`its supplier's licence'. 5
(3) Section 72ZA(3), `the operator'-- 6
omit, insert-- 7
`the licensed supplier'. 8
(4) Section 72ZA(5)-- 9
omit, insert-- 10
`(5) If the licensed supplier is a licensed monitoring operator, the licensed 11
supplier must give a copy of the notice of surrender to-- 12
(a) any licensee to whom the licensed supplier is supplying basic 13
monitoring services; and 14
(b) any other licensed monitoring operator using the electronic 15
monitoring system of the licensed supplier, or a part of the 16
system, to supply basic monitoring services to licensees. 17
Maximum penalty for subsection (5)--40 penalty units.'. 18
of s 72ZC (Conducting investigations) 19
Replacement
Clause 50. Section 72ZC-- 20
omit, insert-- 21
investigations 22
`Conducting
`72ZC.(1) The chief executive may investigate a licensed supplier to help 23
the chief executive decide whether the licensed supplier is a suitable person 24
to hold the supplier's licence. 25
`(2) The chief executive may investigate an associate of a licensed 26
supplier to help the chief executive decide whether the associate is a suitable 27
person to be associated with the licensed supplier's supply operations. 28
s 51 50 s 51
Gaming Machine and Other Legislation
Amendment (No. 2)
`(3) However, the chief executive may investigate a licensed supplier 1
only if-- 2
(a) the investigation is conducted under a suppliers audit program; or 3
(b) the chief executive reasonably suspects the licensed supplier is not 4
a suitable person to hold the supplier's licence. 5
`(4) Also, the chief executive may investigate an associate of a licensed 6
supplier only if-- 7
(a) the investigation is conducted under an associates (suppliers) 8
audit program; or 9
(b) the chief executive reasonably suspects the associate is not a 10
suitable person to be associated with the licensed supplier's 11
supply operations; or 12
(c) for an associate who became an associate of the licensed supplier 13
after the issue of its supplier's licence--the associate has not been 14
investigated previously under an associates (suppliers) audit 15
program. 16
`(5) The chief executive must ensure the investigation of a person under a 17
suppliers audit program or associates (suppliers) audit program is 18
conducted in compliance with the program.'. 19
of s 72ZG (Grounds for suspension or cancellation) 20
Amendment
Clause 51.(1) Section 72ZG(1), words before paragraph (b)-- 21
omit, insert-- 22
`72ZG.(1) A ground for suspending or cancelling a supplier's licence 23
exists if the licensed supplier, or an associate of the licensed supplier--'. 24
(2) Section 72ZG(1)(e)-- 25
omit, insert-- 26
`(e) fails to discharge the licensed supplier's, or associates, financial 27
commitments; or'. 28
(3) Section 72ZG(2)-- 29
omit, insert-- 30
s 52 51 s 52
Gaming Machine and Other Legislation
Amendment (No. 2)
`(2) Also, a ground for suspending or cancelling the supplier's licence 1
exists if-- 2
(a) the licensed supplier is not a suitable person to hold the supplier's 3
licence; or 4
(b) an associate of the licensed supplier is not a suitable person to be 5
associated with the licensed supplier's supply operations; or 6
(c) the licensed supplier contravenes a condition of the licence; or 7
(d) the licence was issued because of a materially false or misleading 8
representation or declaration.'. 9
of s 72ZH (Show cause notice) 10
Amendment
Clause 52.(1) Section 72ZH(1)(a), `an operator's licence'-- 11
omit, insert-- 12
`a supplier's licence'. 13
(2) Section 72ZH(2) and (4), `licensed operator'-- 14
omit, insert-- 15
`licensed supplier'. 16
(3) Section 72ZH(2)(a), `operator's'-- 17
omit, insert-- 18
`supplier's'. 19
(4) Section 72ZH(2)(d) and (3), `the operator'-- 20
omit, insert-- 21
`the licensed supplier'. 22
(5) Section 72ZH(2)(e)-- 23
omit, insert-- 24
`(e) if the licensed supplier is a licensed monitoring operator--stating 25
any requirements made of the licensed supplier by the chief 26
executive under section 72ZI(2).'. 27
s 53 52 s 54
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 72ZI (Involvement of interested persons in show 1
Amendment
cause process) 2
Clause 53.(1) Section 72ZI, heading, after `persons'-- 3
insert-- 4
`of licensed monitoring operators'. 5
(2) Section 72ZI, before subsection (1)-- 6
insert-- 7
`(1A) This section applies only if the licensed supplier to whom the 8
show cause notice is given is a licensed monitoring operator.'. 9
(3) Section 72ZI, `licensed operator'-- 10
omit, insert-- 11
`licensed supplier'. 12
(4) Section 72ZI, `the operator'-- 13
omit, insert-- 14
`the licensed supplier'. 15
(5) Section 72ZI(3) and (4)(c), `operator's'-- 16
omit, insert-- 17
`licensed supplier's'. 18
(6) Section 72ZI(4)(b), `operator's'-- 19
omit, insert-- 20
`supplier's'. 21
of s 72ZJ (Consideration of representations) 22
Amendment
Clause 54. Section 72ZJ(a) and (b)-- 23
omit, insert-- 24
`(a) the licensed supplier; or 25
(b) if the licensed supplier is a licensed monitoring operator--an 26
s 55 53 s 55
Gaming Machine and Other Legislation
Amendment (No. 2)
interested person of the licensed supplier to whom a copy of the 1
show cause notice is given, or is required to be given.'. 2
of s 72ZO (Decision of commission) 3
Amendment
Clause 55.(1) Section 72ZO(1)-- 4
omit, insert-- 5
`72ZO.(1) This section applies to the commission on receiving a 6
recommendation from the chief executive about a supplier's licence held by 7
a licensed supplier. 8
`(1A) The commission may-- 9
(a) decide not to take any action in relation to the licensed supplier or 10
licence; or 11
(b) by written notice given to the licensed supplier, censure the 12
licensed supplier for a matter relevant to the show cause notice; or 13
(c) if the commission considers a matter relevant to the show cause 14
notice is reasonably capable of being rectified--by written notice 15
given to the licensed supplier, direct the licensed supplier to 16
rectify the matter within the reasonable period stated in the 17
commission's notice; or 18
(d) suspend the licence for the period the commission considers 19
appropriate; or 20
(e) cancel the licence; or 21
(f) if the licensed supplier is a licensed monitoring operator--appoint 22
an administrator to conduct the monitoring operations of the 23
licensed supplier under its operator's licence.'. 24
(2) Section 72ZO(2), `subsection (1)'-- 25
omit, insert-- 26
`subsection (1A)'. 27
(3) Section 72ZO(3) and (4)-- 28
omit, insert-- 29
s 56 54 s 56
Gaming Machine and Other Legislation
Amendment (No. 2)
`(3) If the commission directs the licensed supplier to rectify a matter and 1
the licensed supplier fails to comply with the direction within the period 2
stated in the relevant notice, the commission may-- 3
(a) take the action mentioned in subsection (1A)(d) or (e); or 4
(b) if the licensed supplier is a licensed monitoring operator--take the 5
action mentioned in subsection (1A)(f). 6
`(4) If the commission decides not to take any action about the licensed 7
supplier or supplier's licence, the chief executive must immediately give the 8
licensed supplier written notice of the decision.'. 9
of s 72ZP (Suspension, cancellation and appointment of 10
Amendment
administrator) 11
Clause 56.(1) Section 72ZP(1)-- 12
omit, insert-- 13
`72ZP.(1) This section applies if the commission decides-- 14
(a) to suspend or cancel a supplier's licence held by a licensed 15
supplier; or 16
(b) for a licensed supplier who is a licensed monitoring operator--to 17
appoint an administrator to conduct the licensed supplier's 18
monitoring operations. 19
`(1A) The chief executive must immediately give the licensed supplier an 20
information notice for the decision.'. 21
(2) Section 72ZP(2)(a), `operator'-- 22
omit, insert-- 23
`supplier'. 24
(3) Section 72ZP(3) and (4), `an operator's licence'-- 25
omit, insert-- 26
`a supplier's licence'. 27
(4) Section 72ZP(4), `the operator'-- 28
s 57 55 s 57
Gaming Machine and Other Legislation
Amendment (No. 2)
omit, insert-- 1
`the licensed supplier'. 2
of s 72ZS (Notices to interested persons) 3
Amendment
Clause 57.(1) Section 72ZS(1) and (2)(a) and (c), `licensed operator'-- 4
omit, insert-- 5
`licensed supplier'. 6
(2) Section 72ZS(2), `section 72ZO(1)'-- 7
omit, insert-- 8
`section 72ZO(1A)'. 9
(3) Section 72ZS(2)(a), `operator's'-- 10
omit, insert-- 11
`supplier's'. 12
(4) Section 72ZS(2)(d) and (3)(a) and (c), `an operator's licence'-- 13
omit, insert-- 14
`a supplier's licence'. 15
(5) Section 72ZS(2)(e) and (3)(b), `a licensed operator's monitoring 16
operations'-- 17
omit, insert-- 18
`the monitoring operations of a licensed monitoring operator'. 19
(6) Section 72ZS(4) and (5)-- 20
omit, insert-- 21
`(3A) However, this section applies only if the licensed supplier is a 22
licensed monitoring operator and-- 23
(a) the chief executive gave a copy of the relevant show cause notice 24
to a person under section 72ZI;22 or 25
22 Section 72ZI (Involvement of interested persons of licensed monitoring operators
in show cause process)
s 58 56 s 59
Gaming Machine and Other Legislation
Amendment (No. 2)
(b) the licensed supplier gave, or was required to give, a copy of the 1
relevant show cause notice to a person because of a requirement 2
made of the licensed supplier under section 72ZI. 3
`(4) If the chief executive took the action mentioned in 4
subsection (3A)(a) in relation to a person, the chief executive must, as soon 5
as practicable after an event mentioned in subsection (1), (2) or (3) happens, 6
give written notice of the event to the person. 7
`(5) If the licensed supplier took, or was required to take, the action 8
mentioned in subsection (3A)(b) in relation to a person, the licensed 9
supplier must, within 7 days after receiving a show cause result notice for 10
an event mentioned in subsection (1), (2) or (3), give a copy of the notice to 11
the person.'. 12
of pt 3A, div 7, hdg (Obligations of licensed operators) 13
Replacement
Clause 58. Part 3A, division 7, heading-- 14
omit, insert-- 15
`Division 7--Obligations of licensed suppliers 16
`Subdivision 1--Obligations for all licensed suppliers'. 17
of ss 72ZVA-72ZW 18
Replacement
Clause 59. Sections 72ZVA to 72ZW-- 19
omit, insert-- 20
about employees 21
`Returns
`72ZVA.(1) A licensed supplier must give the chief executive a return as 22
required under section 72ZZRA23 stating the name of each person 23
employed by the licensed supplier for the supply operations of the licensed 24
supplier when the return is given. 25
Maximum penalty--40 penalty units. 26
23 Section 72ZZRA (Requirements for returns about employees)
s 59 57 s 59
Gaming Machine and Other Legislation
Amendment (No. 2)
`(2) However, if the licensed supplier is a licensed monitoring operator, 1
the licensed supplier is not required to state under subsection (1) in the 2
return-- 3
(a) the name of a person employed by the licensed supplier as a 4
licensed key monitoring employee; or 5
(b) the name of a person employed by the licensed supplier as a 6
licensed repairer. 7
about failure of licensee to pay amount 8
`Notice
`72ZVB.(1) This section applies if a licensee fails to pay to a licensed 9
supplier, on or before the due date for payment, an amount or a part of an 10
amount (other than a basic monitoring fee) payable by the licensee to the 11
licensed supplier for a matter relating to the supply operations of the 12
licensed supplier. 13
`(2) The licensed supplier must give the chief executive a notice as 14
required under section 72ZZRB 24 advising of the licensee's failure to pay 15
the amount, or the part of the amount, on or before the due date for 16
payment. 17
Maximum penalty for subsection (2)--40 penalty units. 18
2--Additional obligations for licensed monitoring 19
`Subdivision
operators 20
about licensed key monitoring employees 21
`Returns
`72ZW. A licensed monitoring operator must give the chief executive a 22
return as required under section 72ZZRA25 stating the name and licence 23
number of each person employed by the operator as a licensed key 24
monitoring employee when the return is given. 25
Maximum penalty--40 penalty units.'. 26
24 Section 72ZZRB (Requirements for notices about unpaid amounts)
25 Section 72ZZRA (Requirements for returns about employees)
s 60 58 s 61
Gaming Machine and Other Legislation
Amendment (No. 2)
of new s 72ZZAA 1
Insertion
Clause 60. Part 3A, division 7, after section 72ZZ-- 2
insert-- 3
about failure of licensee to pay basic monitoring fee 4
`Notice
`72ZZAA.(1) This section applies if a licensee fails to pay to a licensed 5
monitoring operator, on or before the due date for payment, a basic 6
monitoring fee, or a part of a basic monitoring fee, payable by the licensee 7
to the operator for basic monitoring services supplied by the operator to the 8
licensee. 9
`(2) The licensed monitoring operator must give the chief executive a 10
notice as required under section 72ZZRB26 advising of the licensee's failure 11
to pay the fee, or the part of the fee, on or before the due date for payment. 12
Maximum penalty for subsection (2)--40 penalty units.'. 13
of s 72ZZB (Control system submission) 14
Amendment
Clause 61.(1) Section 72ZZB(1) and (2)(a), `licensed operator'-- 15
omit, insert-- 16
`licensed monitoring operator'. 17
(2) Section 72ZZB(3), words after `explain'-- 18
omit, insert-- 19
`the control system proposed for the monitoring operations of the 20
licensed monitoring operator'. 21
(3) Section 72ZZB(4), `for the licensed operator's monitoring 22
operations'-- 23
omit. 24
26 Section 72ZZRB (Requirements for notices about unpaid amounts)
s 62 59 s 63
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 72ZZC (Control system (change) submission) 1
Amendment
Clause 62.(1) Section 72ZZC(1) and (2)(a), `licensed operator'-- 2
omit, insert-- 3
`licensed monitoring operator'. 4
(2) Section 72ZZC(3), words after `particulars of'-- 5
omit, insert-- 6
`the changes proposed to be made to the approved control system of the 7
licensed monitoring operator'. 8
of s 72ZZF (Notices about keeping monitoring records) 9
Amendment
Clause 63.(1) Section 72ZZF(1)-- 10
omit, insert-- 11
`72ZZF.(1) The chief executive may, by written notice given to a 12
licensed monitoring operator-- 13
(a) approve, as a place at which the operator may keep the operator's 14
monitoring records, a place, other than the operator's main office, 15
nominated by the operator; or 16
(b) specify a monitoring record of the operator (an "exempt 17
monitoring record") that may be kept at a place that is not an 18
approved place for the keeping of the record; or 19
(c) specify a monitoring record of the operator that may be kept 20
temporarily at a place (a "holding place") that is not an approved 21
place for the keeping of the record, and the period for which, or 22
the circumstances in which, the record may be kept at the holding 23
place; or 24
(d) approve the keeping of information contained in a monitoring 25
record of the operator in a way different from the way the 26
information was originally kept; or 27
(e) approve the destruction of a monitoring record the chief executive 28
considers need not be kept.'. 29
(2) Section 72ZZF(2), `other than the approved place'-- 30
s 64 60 s 66
Gaming Machine and Other Legislation
Amendment (No. 2)
omit, insert-- 1
`that is not an approved place for the keeping of the record'. 2
of s 72ZZG (Monitoring records to be kept at certain 3
Replacement
place) 4
Clause 64. Section 72ZZG-- 5
omit, insert-- 6
at which monitoring records to be kept 7
`Places
`72ZZG.(1) A licensed monitoring operator must keep the operator's 8
monitoring records at a place that is an approved place for the keeping of the 9
records. 10
Maximum penalty--40 penalty units. 11
`(2) Subsection (1) does not apply to a licensed monitoring operator for 12
an exempt monitoring record.'. 13
of s 72ZZH (Monitoring records to be kept for required 14
Amendment
period) 15
Clause 65.(1) Section 72ZZH(1), `licensed operator'-- 16
omit, insert-- 17
`licensed monitoring operator'. 18
(2) Section 72ZZH(2), after `apply to'-- 19
insert-- 20
`a licensed monitoring operator for'. 21
of s 72ZZN (Audit guidelines) 22
Amendment
Clause 66.(1) Section 72ZZN, heading-- 23
omit, insert-- 24
s 67 61 s 67
Gaming Machine and Other Legislation
Amendment (No. 2)
`Operators audit guidelines'. 1
(2) Section 72ZZN(1), `("audit guidelines")'-- 2
omit, insert-- 3
`("operators audit guidelines")'. 4
(3) Section 72ZZN(2) to (4), before `audit guidelines'-- 5
insert-- 6
`operators'. 7
of s 72ZZO (Audit of monitoring operations) 8
Amendment
Clause 67.(1) Section 72ZZO, `licensed operator'-- 9
omit, insert-- 10
`licensed monitoring operator'. 11
(2) Section 72ZZO-- 12
insert-- 13
`(2) If a licensed monitoring operator ceases to be a licensed monitoring 14
operator, the person (the "former operator") must, within the required 15
time, at the former operator's own expense, take the appropriate audit 16
action. 17
Maximum penalty--200 penalty units. 18
`(3) The appropriate audit action for subsection (2) is for the former 19
operator to cause the former operator's books, accounts and financial 20
statements for the former operator's monitoring operations for the operating 21
period to be audited by a registered company auditor approved by the chief 22
executive. 23
`(4) The required time for the former operator to take the appropriate 24
audit action is-- 25
(a) the period ending 1 month after the former operator ceases to be a 26
licensed monitoring operator; or 27
(b) if the chief executive extends, or further extends, the period for 28
the former operator to take the action, by written notice given to 29
s 68 62 s 69
Gaming Machine and Other Legislation
Amendment (No. 2)
the former operator in the period or extended period--the period 1
as extended. 2
`(5) In this section-- 3
"operating period", for a former operator, means-- 4
(a) if an audit for the former operator's monitoring operations has 5
been done for subsection (1)--the period-- 6
(i) starting on the day immediately after the end of the period to 7
which the audit, or last audit, related; and 8
(ii) ending on the day the former operator ceased to be a licensed 9
monitoring operator; or 10
(b) if paragraph (a) does not apply--the period starting on the day the 11
former operator's monitoring operations started and ending on 12
the day the former operator ceased to be a licensed monitoring 13
operator.'. 14
of s 72ZZP (Carrying out of audit) 15
Amendment
Clause 68. Section 72ZZP(1)-- 16
omit, insert-- 17
`72ZZP.(1) A registered company auditor carrying out an audit for 18
section 72ZZO must-- 19
(a) to the extent it is reasonably practicable, comply with any 20
operators audit guidelines; and 21
(b) complete the audit within 3 months after the end of the financial 22
year or other period to which the audit relates; and 23
(c) immediately after completing the audit, give a copy of the audit 24
report to the licensed monitoring operator or former operator. 25
Maximum penalty--40 penalty units.'. 26
of new s 72ZZPA 27
Insertion
Clause 69. After section 72ZZP-- 28
s 70 63 s 70
Gaming Machine and Other Legislation
Amendment (No. 2)
insert-- 1
with audit report 2
`Dealing
`72ZZPA. Within 14 days after a licensed monitoring operator or 3
former operator receives a copy of an audit report under 4
section 72ZZP(1)(c), the operator or former operator must give a copy of 5
the report to the chief executive. 6
Maximum penalty--200 penalty units.'. 7
of s 72ZZQ (Licensed operator to give documents about 8
Amendment
audit to chief executive) 9
Clause 70.(1) Section 72ZZQ, heading-- 10
omit, insert-- 11
`Associated documents for audit report for licensed monitoring 12
operator'. 13
(2) Section 72ZZQ(1) to (3)-- 14
omit, insert-- 15
`72ZZQ.(1) A licensed monitoring operator, on receiving a copy of an 16
audit report under section 72ZZP(1)(c) for a financial year, must, in 17
addition to giving a copy of the report to the chief executive under 18
section 72ZZPA, give to the chief executive, as required under this 19
section-- 20
(a) if the registered company auditor who carried out the audit issued 21
a management letter for the audit--a copy of the management 22
letter; and 23
(b) a copy of the audited financial statements for the operator's 24
monitoring operations for the financial year; and 25
(c) a copy of a profit and loss statement containing the required 26
details of revenue and expenditure for the operator's monitoring 27
operations for the financial year; and 28
(d) if an entity is a parent entity of the licensed monitoring 29
operator--a copy of the consolidated financial statements for the 30
parent entity. 31
s 71 64 s 71
Gaming Machine and Other Legislation
Amendment (No. 2)
Maximum penalty--200 penalty units. 1
`(2) A document mentioned in subsection (1)(a) must be given to the 2
chief executive with the copy of the audit report given to the chief executive. 3
`(3) A document mentioned in subsection (1)(b) to (d) must be given to 4
the chief executive-- 5
(a) if the licensed monitoring operator's annual general meeting for 6
the financial year was held before the operator received the copy 7
of the audit report--with the copy of the audit report given to the 8
chief executive; or 9
(b) if paragraph (a) does not apply--within 14 days after the licensed 10
monitoring operator's annual general meeting for the financial 11
year is held. 12
`(3A) Subsection (1) applies to the licensed monitoring operator for a 13
profit and loss statement only to the extent to which the audited financial 14
statements given to the chief executive do not contain the required details of 15
revenue and expenditure for the operator's monitoring operations for the 16
relevant financial year.'. 17
(3) Section 72ZZQ(4), definitions "required details of expenditure" 18
and "required details of revenue", `a licensed operator's monitoring 19
operations'-- 20
omit, insert-- 21
`the monitoring operations of a licensed monitoring operator'. 22
of new s 72ZZQA 23
Insertion
Clause 71. Part 3A, division 7A, subdivision 5, after section 72ZZQ-- 24
insert-- 25
information about audit report or associated documents 26
`Further
`72ZZQA.(1) This section applies on the receipt by the chief executive 27
of-- 28
(a) a copy of an audit report under section 72ZZPA; or 29
(b) a document under section 72ZZQ. 30
s 72 65 s 72
Gaming Machine and Other Legislation
Amendment (No. 2)
`(2) The chief executive may, by written notice given to the person from 1
whom the copy of the audit report or other document is received, require the 2
person to give the chief executive, within a reasonable time stated in the 3
notice, the information stated in the notice. 4
`(3) The chief executive may require a person to give the chief executive 5
information about a matter under subsection (2) only if-- 6
(a) the matter relates to the person's monitoring operations; and 7
(b) the matter is mentioned in, or arises out of-- 8
(i) the audit report a copy of which is received by the chief 9
executive from the person; or 10
(ii) the other document received by the chief executive from the 11
person. 12
`(4) When making a requirement of a person under subsection (2), the 13
chief executive must warn the person it is an offence to fail to comply with 14
the requirement, unless the person has a reasonable excuse. 15
`(5) A person to whom a notice is given under subsection (2) must 16
comply with the requirement mentioned in the notice within the stated time, 17
unless the person has a reasonable excuse. 18
Maximum penalty--200 penalty units. 19
`(6) It is a reasonable excuse for the person not to comply with the 20
requirement if complying with the requirement might tend to incriminate 21
the person.'. 22
of new ss 72ZZRA and 72ZZRB 23
Insertion
Clause 72. Part 3A, division 8, after section 72ZZR-- 24
insert-- 25
for returns about employees 26
`Requirements
`72ZZRA.(1) This section applies to-- 27
(a) a return required to be given to the chief executive under 28
s 72 66 s 72
Gaming Machine and Other Legislation
Amendment (No. 2)
section 72ZVA27 by a licensed supplier (the "licensed entity"); 1
or 2
(b) a return required to be given to the chief executive under 3
section 72ZW28 by a licensed monitoring operator (also the 4
"licensed entity"). 5
`(2) The return must-- 6
(a) be in the approved form; and 7
(b) be given within 14 days after the licensed entity receives a written 8
request from the chief executive to give the return. 9
`(3) However, the chief executive must not, for subsection (2)(b), ask a 10
licensed entity to give the chief executive a return under section 72ZVA or 11
72ZW within 1 month after the time by which the licensed entity was last 12
required to give a return under the section. 13
for notices about unpaid amounts 14
`Requirements
`72ZZRB.(1) This section applies to-- 15
(a) a notice required to be given to the chief executive by a licensed 16
supplier under section 72ZVB;29 or 17
(b) a notice required to be given to the chief executive by a licensed 18
monitoring operator under section 72ZZAA.30 19
`(2) The notice must-- 20
(a) be in writing; and 21
(b) be given within 1 month after the due date for payment of the fee 22
or other amount to which the notice relates. 23
`(3) The notice must state-- 24
(a) the matter for which the fee or other amount to which the notice 25
27 Section 72ZVA (Returns about employees)
28 Section 72ZW (Returns about licensed key monitoring employees)
29 Section 72ZVB (Notice about failure of licensee to pay amount)
30 Section 72ZZAA (Notice about failure of licensee to pay basic monitoring fee)
s 73 67 s 73
Gaming Machine and Other Legislation
Amendment (No. 2)
relates is payable; and 1
(b) the due date for payment; and 2
(c) the amount involved; and 3
(d) whether or not, when the notice is given, the fee or other amount, 4
or a part of the fee or other amount, remains unpaid.'. 5
of s 74 (Unlicensed persons not to be service contractors) 6
Replacement
Clause 73. Section 74-- 7
omit, insert-- 8
into service contracts 9
`Entering
`74.(1) A person must not enter into a service contract with a licensed 10
monitoring operator or the chief executive unless the person is-- 11
(a) an authorised service provider; or 12
(b) a licensee. 13
Maximum penalty--100 penalty units. 14
`(2) A person must not enter into a service contract with an authorised 15
service provider unless the person is-- 16
(a) a licensed monitoring operator; or 17
(b) a gaming trainer. 18
Maximum penalty--100 penalty units. 19
`(3) A person must not enter into a service contract with a licensee unless 20
the person is a licensed monitoring operator. 21
Maximum penalty--100 penalty units. 22
`(4) A person must not enter into an agreement with an authorised 23
service provider to subcontract a service contract from the authorised 24
service provider unless the person is an authorised service provider. 25
Maximum penalty--100 penalty units. 26
`(5) An authorised service provider must not enter into an agreement 27
with another person to subcontract a service contract to the other person 28
s 74 68 s 74
Gaming Machine and Other Legislation
Amendment (No. 2)
unless the other person is an authorised service provider. 1
Maximum penalty--100 penalty units. 2
`(6) An authorised service provider to whom a service contract is 3
subcontracted under an agreement with another authorised service provider 4
must not subcontract the service contract. 5
Maximum penalty--100 penalty units. 6
`(7) A person must not enter into an agreement with a licensed 7
monitoring operator to subcontract a service contract from the operator 8
unless the person is a licensed monitoring operator. 9
Maximum penalty--100 penalty units. 10
`(8) A licensed monitoring operator must not enter into an agreement 11
with another person to subcontract a service contract to the other person 12
unless the other person is a licensed monitoring operator. 13
Maximum penalty--100 penalty units. 14
`(9) A licensed monitoring operator to whom a service contract is 15
subcontracted under an agreement with another licensed monitoring 16
operator must not subcontract the service contract. 17
Maximum penalty--100 penalty units. 18
`(10) In this section-- 19
"authorised service provider" means-- 20
(a) a licensed service contractor; or 21
(b) a licensed repairer carrying on the business of a licensed repairer 22
in the person's own right and not as a partner in a partnership.'. 23
of s 75 (Licensing requirements for carrying out gaming 24
Amendment
duties on licensed premises) 25
Clause 74. Section 75(15), definition "eligible licensee", paragraph (b)-- 26
omit, insert-- 27
`(b) is not required under section 76D(2) to have a nominee for the 28
premises; and'. 29
s 75 69 s 75
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 76B (Meaning of nominee) 1
Replacement
Clause 75. Section 76B-- 2
omit, insert-- 3
of nominee 4
`Meaning
`76B.(1) A person is a nominee of a licensee for premises if-- 5
(a) the person is a licensed gaming nominee; and 6
(b) the person is designated by the licensee to be the licensee's 7
nominee for the premises; and 8
(c) when the designation takes effect-- 9
(i) the person is not the nominee of the licensee or another 10
licensee for other premises; and 11
(ii) another person is not the licensee's nominee for the 12
premises. 13
`(2) A person is a nominee of a licensee for premises if-- 14
(a) the person is a licensed gaming employee employed by the 15
licensee; and 16
(b) the person is designated by the licensee to be the licensee's 17
nominee for the premises for a period of not more than 1 month; 18
and 19
(c) when the designation takes effect-- 20
(i) the person is not the nominee of the licensee or another 21
licensee for other premises; and 22
(ii) another person is not the licensee's nominee for the 23
premises under this subsection or subsection (3), (4) or (5). 24
`(3) A person is a nominee of a licensee for premises if the person-- 25
(a) is a licensed gaming employee employed by the licensee; and 26
(b) is, with the chief executive's approval, designated by the licensee 27
to be the licensee's nominee for the premises for a period longer 28
than 1 month. 29
`(4) A person is a nominee of a licensee for premises if the person-- 30
s 76 70 s 77
Gaming Machine and Other Legislation
Amendment (No. 2)
(a) is an applicant for a gaming nominee's licence; and 1
(b) is, with the chief executive's approval, designated by the licensee 2
to be the licensee's nominee for the premises. 3
`(5) A person is a nominee of a licensee for premises if the person is, 4
with the chief executive's approval, designated by the licensee to be the 5
licensee's nominee for the premises for a period of not more than 7 days. 6
`(6) However, a person is a licensee's nominee only if-- 7
(a) the designation by the licensee of the person as the licensee's 8
nominee is done with the person's agreement; and 9
(b) the designation and agreement are in force; and 10
(c) for a person designated by the licensee to be the licensee's 11
nominee for a stated period--the stated period has not ended. 12
`(7) A person stops being a nominee of a licensee for premises under 13
subsection (1) during any period for which another person is the licensee's 14
nominee for the premises under subsection (2), (3), (4) or (5). 15
`(8) The chief executive must refuse to give an approval for 16
subsection (3), (4) or (5) if-- 17
(a) the person sought to be designated by the licensee for the 18
premises is the nominee of the licensee or another licensee for 19
other premises; or 20
(b) another person is the licensee's nominee for the premises under a 21
provision of this section other than subsection (1).'. 22
of s 76D (Nominees of licensees) 23
Amendment
Clause 76. Section 76D(2), `holding more than 1 gaming machine licence'-- 24
omit. 25
of s 77 (Applications for licences under this part) 26
Amendment
Clause 77.(1) Section 77(5), `Subsection (1)(g)'-- 27
omit, insert-- 28
s 78 71 s 78
Gaming Machine and Other Legislation
Amendment (No. 2)
`Subsection (4)(g)'. 1
(2) Section 77(6)-- 2
omit. 3
(3) Section 77(8), definitions "employment notice", paragraphs (a)-- 4
omit. 5
of s 79 (Consideration of applications) 6
Replacement
Clause 78. Section 79-- 7
omit, insert-- 8
by chief executive about applications 9
`Recommendation
`79.(1) The chief executive must-- 10
(a) consider an application for a licence under this part; and 11
(b) recommend to the commission that a licence either be granted or 12
refused. 13
`(2) In considering the application, the chief executive-- 14
(a) must conduct investigations the chief executive considers are 15
necessary and reasonable to help the chief executive make a 16
recommendation; and 17
(b) may require the applicant, or an associate of the applicant, to give 18
the chief executive further information or a document for the 19
application. 20
`(3) A requirement under subsection (2)(b)-- 21
(a) must be made by written notice given to the applicant or 22
associate; and 23
(b) may only relate to information or a document that is necessary 24
and reasonable to help the chief executive make a 25
recommendation. 26
`(4) The notice mentioned in subsection (3)(a) must state the period 27
within which the requirement is to be complied with. 28
`(5) Also, in considering the application, the chief executive must 29
s 78 72 s 78
Gaming Machine and Other Legislation
Amendment (No. 2)
assess-- 1
(a) if the applicant is an individual--the financial stability, general 2
reputation and character of the applicant; and 3
(b) if the applicant is a body corporate-- 4
(i) the financial stability and business reputation of the body 5
corporate; and 6
(ii) the financial stability, general reputation and character of the 7
secretary and each executive officer of the body corporate; 8
and 9
(c) the suitability of the applicant to be the holder of a licence of the 10
kind to which the application relates; and 11
(d) if a person is stated in an affidavit under section 8931 as being a 12
person who satisfies a description mentioned in subsection (4)(a) 13
or (b) of that section--the suitability of the person to be an 14
associate of the applicant; and 15
(e) if the chief executive considers it appropriate--the suitability of 16
any other associate of the applicant to be an associate of the 17
applicant. 18
`(6) If the applicant is an individual, the chief executive may, with the 19
applicant's agreement, cause the applicant's fingerprints to be taken. 20
`(7) Despite subsection (1)(a), if the applicant is an individual, the chief 21
executive is required to consider the application only if the applicant, if 22
asked, agrees to having the applicant's fingerprints taken. 23
`(8) In making a recommendation, the chief executive must have regard 24
to any supporting material for the application. 25
`(9) The chief executive must recommend that a licence be refused if-- 26
(a) for an application by an individual-- 27
(i) the applicant is not 18; or 28
(ii) the applicant's fingerprints have not been taken under 29
subsection (6) because of the applicant's failure to agree to 30
31 Section 89 (Disclosure of influential or benefiting parties)
s 79 73 s 79
Gaming Machine and Other Legislation
Amendment (No. 2)
the action being taken; or 1
(b) for an application by a body corporate--the secretary or an 2
executive officer of the body corporate is not 18. 3
`(10) The chief executive may recommend that a licence be refused if the 4
applicant, or an associate of the applicant, fails to comply with a 5
requirement of the chief executive under subsection (2)(b) without a 6
reasonable excuse. 7
`(11) If the commission has delegated its powers under section 80 in 8
relation to an application for a licence under this part to the chief executive, 9
the chief executive-- 10
(a) is not required to make a recommendation about the application 11
under this section; but 12
(b) must take the action mentioned in subsection (2)(a) and (5), and 13
may take the action mentioned in subsection (6), as if the chief 14
executive were dealing with the application for making a 15
recommendation under this section.'. 16
of s 82 (Issue of copy licence) 17
Amendment
Clause 79.(1) Section 82, heading, after `copy'-- 18
insert-- 19
`or replacement'. 20
(2) Section 82-- 21
insert-- 22
`(1A) If the chief executive is satisfied the name of a person who is the 23
holder of a licence under this part has been changed, the chief executive 24
must issue to the person a fresh licence, stating the person's current name, 25
to replace the licence (the "affected licence") previously issued to the 26
person. 27
`(1B) However, the chief executive is required to issue a licence to a 28
person under subsection (1A) only if-- 29
(a) the fee prescribed under a regulation for the issue of the licence 30
has been paid to the chief executive; and 31
s 80 74 s 83
Gaming Machine and Other Legislation
Amendment (No. 2)
(b) the person's affected licence has been returned to the chief 1
executive.'. 2
of new s 91A 3
Insertion
Clause 80. After section 91-- 4
insert-- 5
of licensed repairers 6
`Employment
`91A. A person (an "employer") must not employ a licensed repairer to 7
carry out functions as a licensed repairer, unless the employer is a licensed 8
monitoring operator, a licensed service contractor or another licensed 9
repairer. 10
Maximum penalty--100 penalty units.'. 11
of s 92 (Returns about employees and agreements) 12
Amendment
Clause 81. Section 92(5)(b), `7 days'-- 13
omit, insert-- 14
`14 days'. 15
of s 98 (Installation and storage of gaming machines by 16
Amendment
licensees) 17
Clause 82. Section 98(3), `1 month'-- 18
omit, insert-- 19
`2 months'. 20
of s 100 (Gaming equipment not to be an annoyance etc.) 21
Amendment
Clause 83.(1) Section 100(2), (4) and (5), `listed person'-- 22
omit, insert-- 23
`licensed dealer'. 24
(2) Section 100(3)-- 25
s 84 75 s 84
Gaming Machine and Other Legislation
Amendment (No. 2)
omit. 1
(3) Section 100(4), `subsection (1), (2) or (3)'-- 2
omit, insert-- 3
`subsection (1) or (2)'. 4
(4) Section 100(5), penalty-- 5
omit, insert-- 6
`Maximum penalty for subsection (5)--200 penalty units.'. 7
of new ss 100A and100B 8
Insertion
Clause 84. After section 100-- 9
insert-- 10
gaming 11
`Advertising
`100A. A person who advertises gaming must take reasonable steps to 12
ensure the advertisement-- 13
(a) is not indecent or offensive; and 14
(b) is based on fact; and 15
(c) is not false, deceptive or misleading in a material particular. 16
about advertising 17
`Directions
`100B.(1) If the chief executive reasonably believes an advertisement 18
about gaming does not comply with section 100A, the chief executive may 19
direct the person appearing to be responsible for authorising the 20
advertisement to take the appropriate steps-- 21
(a) to stop the advertisement being shown; or 22
(b) to change the advertisement. 23
`(2) The direction must-- 24
(a) be in writing; and 25
(b) state the grounds for the direction; and 26
s 85 76 s 85
Gaming Machine and Other Legislation
Amendment (No. 2)
(c) for a direction to change the advertisement--state how the 1
advertisement is to be changed. 2
`(3) A person to whom a direction is given must comply with the 3
direction, unless the person has a reasonable excuse. 4
Maximum penalty for subsection (3)--200 penalty units.'. 5
of s 101 (Installation of electronic monitoring systems) 6
Amendment
Clause 85.(1) Section 101, heading-- 7
omit, insert-- 8
`Installation, operation and modification of gaming related systems'. 9
(2) Section 101(1) and (2)-- 10
omit, insert-- 11
`101.(1) A person (other than the chief executive) who is not a licensed 12
monitoring operator must not-- 13
(a) install a gaming related system on licensed premises; or 14
(b) modify an electronic monitoring system operating on licensed 15
premises. 16
Maximum penalty--200 penalty units. 17
`(2) A person who is not a licensee or licensed monitoring operator must 18
not operate a gaming related system on licensed premises. 19
Maximum penalty--200 penalty units. 20
`(2A) A licensed monitoring operator must not, without the chief 21
executive's written approval-- 22
(a) install a gaming related system on licensed premises; or 23
(b) modify an electronic monitoring system operating on licensed 24
premises. 25
Maximum penalty--200 penalty units. 26
`(2B) A licensee or licensed monitoring operator must not operate a 27
gaming related system on licensed premises-- 28
s 85 77 s 85
Gaming Machine and Other Legislation
Amendment (No. 2)
(a) without the chief executive's written approval; and 1
(b) unless the system was installed on the premises by the chief 2
executive or a licensed monitoring operator. 3
Maximum penalty--200 penalty units. 4
`(2C) A person must not cause a gaming related system to be installed 5
on licensed premises, or cause an electronic monitoring system on licensed 6
premises to be modified-- 7
(a) without the chief executive's written approval; and 8
(b) unless the installation or modification is carried out by the chief 9
executive or a licensed monitoring operator. 10
Maximum penalty--200 penalty units. 11
`(2D) A person must not cause a gaming related system on licensed 12
premises to be operated-- 13
(a) without the chief executive's written approval; and 14
(b) unless the operation is carried out by a licensee or licensed 15
monitoring operator; and 16
(c) unless the system was installed on the premises by the chief 17
executive or a licensed monitoring operator. 18
Maximum penalty--200 penalty units.'. 19
(3) Section 101(3), `licensed operator'-- 20
omit, insert-- 21
`licensed monitoring operator'. 22
(4) Section 101(3) and (4), `subsection (2)'-- 23
omit, insert-- 24
`this section'. 25
(5) Section 101(3) and (4), penalties, `or 1 year's imprisonment'-- 26
omit. 27
(6) Section 101(5), from `approved' to `subsection (2)'-- 28
omit, insert-- 29
s 86 78 s 86
Gaming Machine and Other Legislation
Amendment (No. 2)
`installed, or proposed to be installed, under this section'. 1
(7) Section 101(5), penalty-- 2
omit, insert-- 3
`Maximum penalty for subsection (5)--200 penalty units'. 4
of new s 101AA 5
Insertion
Clause 86. After section 101-- 6
insert-- 7
for gaming related systems 8
`Approvals
`101AA.(1) This section applies to the chief executive for giving, or 9
refusing to give, an approval for section 101 for a gaming related system. 10
`(2) If, for deciding whether or not to give the approval, the chief 11
executive considers it is necessary for the gaming related system to be 12
evaluated, the chief executive may-- 13
(a) carry out the evaluation; or 14
(b) direct the applicant-- 15
(i) to arrange to have the system evaluated by an approved 16
evaluator; and 17
(ii) to give the chief executive a written report of the evaluation. 18
`(3) If the chief executive carries out an evaluation of the gaming related 19
system-- 20
(a) the applicant must pay the fee prescribed under a regulation for 21
the evaluation to the chief executive; and 22
(b) if an amount of the fee is not paid by the applicant, the State may 23
recover the amount from the applicant as a debt. 24
`(4) The chief executive may refuse to give an approval if-- 25
(a) the fee payable for an evaluation carried out by the chief executive 26
is not paid; or 27
(b) the applicant fails to comply with a direction of the chief executive 28
under subsection (2)(b). 29
s 87 79 s 89
Gaming Machine and Other Legislation
Amendment (No. 2)
`(5) If the chief executive gives the approval, the chief executive must 1
immediately give the applicant written notice of the decision. 2
`(6) If the chief executive refuses to give the approval, the chief executive 3
must immediately give the applicant an information notice for the decision. 4
`(7) In this section-- 5
"applicant" means the person by whom an approval of the chief executive 6
for section 101 is sought.'. 7
of s 102 (Maintenance of facilities etc.) 8
Amendment
Clause 87.(1) Section 102(1), penalty, `or 1 year's imprisonment'-- 9
omit. 10
(2) Section 102(2), penalty-- 11
omit, insert-- 12
`Maximum penalty for subsection (2)--40 penalty units.'. 13
of s 107 (Gaming tokens) 14
Amendment
Clause 88.(1) Section 107(1)-- 15
insert-- 16
`Maximum penalty--200 penalty units.'. 17
(2) Section 107, penalty-- 18
omit, insert-- 19
`Maximum penalty for subsection (2)--200 penalty units.'. 20
of s 108 (Gaming tokens that are not Australian 21
Amendment
currency) 22
Clause 89.(1) Section 108(2) to (6)-- 23
insert-- 24
`Maximum penalty--200 penalty units.'. 25
s 90 80 s 90
Gaming Machine and Other Legislation
Amendment (No. 2)
(2) Section 108, penalty-- 1
omit, insert-- 2
`Maximum penalty for subsection (7)--200 penalty units.'. 3
of ss 109-111 4
Replacement
Clause 90. Sections 109 to 111-- 5
omit, insert-- 6
of players to winnings 7
`Entitlement
`109.(1) This section applies if a person (the "player") playing a gaming 8
machine installed on licensed premises becomes entitled to receive an 9
amount or a non-monetary prize because of the playing of the gaming 10
machine. 11
`(2) The responsible licensed person must ensure the player-- 12
(a) is paid the amount the player is entitled to receive, calculated in 13
the way prescribed under a regulation; or 14
(b) receives the non-monetary prize the player is entitled to receive. 15
Maximum penalty--200 penalty units. 16
`(3) In this section-- 17
"responsible licensed person", for an amount or non-monetary prize 18
mentioned in subsection (1), means-- 19
(a) if the gaming machine under which the entitlement to the amount 20
or prize arises is not part of a multiple site linked jackpot 21
arrangement for which a licensed monitoring operator has an 22
approval for its operation under section 14932--the licensee of the 23
licensed premises on which the gaming machine is installed; or 24
(b) if the gaming machine under which the entitlement to the amount 25
or prize arises is part of a multiple site linked jackpot arrangement 26
for which a licensed monitoring operator has an approval for its 27
32 Section 149 (Approval of linked jackpot arrangements)
s 90 81 s 90
Gaming Machine and Other Legislation
Amendment (No. 2)
operation under section 149--the licensed monitoring operator 1
who has the approval for the operation of the arrangement. 2
for gaming 3
`Payments
`110.(1) This section applies to a licensee or licensed monitoring operator 4
who is required to make a payment for-- 5
(a) an amount for winnings, or gaming machine credits, that is not 6
made by a gaming machine; or 7
(b) the redemption of gaming tokens. 8
`(2) The licensee or licensed monitoring operator must make the 9
payment-- 10
(a) if paragraph (b) does not apply--with Australian currency; or 11
(b) if, under a regulation or the ancillary rules, the payment is 12
required to be made in a way prescribed under the regulation or 13
stated in the rules--in the way prescribed or stated. 14
Maximum penalty--200 penalty units. 15
`(3) Subsection (2) does not apply to a licensee or licensed monitoring 16
operator for a payment that, apart from this subsection, would be required 17
to be made with Australian currency if, at the request of the person entitled 18
to receive the payment, the licensee or operator makes the payment by-- 19
(a) gaming tokens (other than Australian currency); or 20
(b) a cheque; or 21
(c) a combination of Australian currency, gaming tokens (other than 22
Australian currency) and a cheque. 23
`(4) Nothing in subsection (3) requires a licensee or licensed monitoring 24
operator to make a payment in the way requested by a person. 25
`(5) In this section-- 26
"ancillary rules", for a payment under this section, means the rules that, 27
under section 105, are required to be displayed on the licensed 28
premises on which the gaming machine to which the payment relates 29
is installed. 30
s 90 82 s 90
Gaming Machine and Other Legislation
Amendment (No. 2)
by employees of licensees 1
`Gaming
`110A.(1) This section applies if-- 2
(a) an employee of a licensee who is not a gaming employee plays a 3
gaming machine on the licensee's licensed premises for carrying 4
out the employee's duties; and 5
(b) a winning result is obtained by the playing of the gaming 6
machine.33 7
`(2) No amount is payable to the employee for the winning result and 8
any winnings produced by the obtaining of the winning result remain the 9
property of the licensee. 10
system malfunctions 11
`Gaming
`111.(1) This section applies if-- 12
(a) a credit of gaming tokens (a "displayed win") is registered by a 13
gaming machine by the playing of the gaming machine; or 14
(b) a gaming system component produces a display (also a 15
"displayed win") to indicate, for a gaming machine-- 16
(i) an amount (a "prize amount") has been won by the playing 17
of the gaming machine; or 18
(ii) a non-monetary prize (a "prize item") has been won by the 19
playing of the gaming machine. 20
`(2) A gaming employee for the licensed premises on which the gaming 21
machine is installed may-- 22
(a) refuse to make a payment, or to allow a payment to be made, to a 23
person for the registered credit; or 24
(b) refuse to pay the prize amount, or to allow the prize amount to be 25
paid, to a person; or 26
(c) refuse to award the prize item, or to allow the prize item to be 27
awarded, to a person. 28
33 The issue of the playing of gaming machines by gaming employees is dealt with
in section 186 (Certain persons not to play gaming machines).
s 90 83 s 90
Gaming Machine and Other Legislation
Amendment (No. 2)
`(3) However, the gaming employee may make a payout refusal decision 1
about a displayed win only if the gaming employee is satisfied the 2
registering or production of the displayed win is caused by a gaming 3
system malfunction. 4
`(4) If a gaming employee makes a payout refusal decision about a 5
displayed win, the gaming employee must ensure the gaming machine to 6
which the displayed win relates is not played, except for testing purposes, 7
until the gaming system malfunction is rectified. 8
Maximum penalty--200 penalty units. 9
`(5) A gaming employee may make a payout refusal decision regardless 10
of the reason for the gaming system malfunction. 11
`(6) Subsection (1) applies to a displayed win whether the displayed win 12
is attributable to the obtaining of a winning result, promotions or something 13
else. 14
and reports about payout refusal decisions 15
`Notices
`111A.(1) This section applies if a gaming employee makes a payout 16
refusal decision about a displayed win. 17
`(2) As soon as practicable after making the decision, the gaming 18
employee must-- 19
(a) give the person affected by the decision (the "affected person") a 20
written notice stating-- 21
(i) that the person may ask for a review of the decision; and 22
(ii) how the request for the review may be made; and 23
(b) give a report of the decision, in the approved form, to the licensee 24
(the "involved licensee") of the licensed premises at which the 25
gaming employee is carrying out gaming duties. 26
Maximum penalty--40 penalty units. 27
`(3) As soon as practicable after receiving a report under subsection (2), 28
the involved licensee must give a copy of the report to the involved licensed 29
monitoring operator. 30
Maximum penalty for subsection (3)--40 penalty units. 31
s 90 84 s 90
Gaming Machine and Other Legislation
Amendment (No. 2)
for review of payout refusal decisions 1
`Requests
`111B.(1) An affected person who is dissatisfied with a payout refusal 2
decision may ask for a review of the decision. 3
`(2) A request under subsection (1) must-- 4
(a) be in writing; and 5
(b) be given to the involved licensee; and 6
(c) be made within 10 days after the payout refusal decision is made; 7
and 8
(d) state the grounds for seeking a review of the decision. 9
`(3) As soon as practicable after receiving a request for a review of a 10
payout refusal decision, the involved licensee must give a copy of the 11
request to the involved licensed monitoring operator. 12
of payout refusal decisions 13
`Review
`111C.(1) This section applies to an involved licensed monitoring 14
operator on receiving a copy of a request about a payout refusal decision 15
under section 111B. 16
`(2) The involved licensed monitoring operator must-- 17
(a) review the payout refusal decision as soon as practicable after 18
receiving the copy of the request; and 19
(b) decide the review by either confirming or overruling the payout 20
refusal decision; and 21
(c) immediately after making a decision for the review, give written 22
notice of the decision, as required under this section, to-- 23
(i) the person by whom the request for the review was made 24
(the "claimant"); and 25
(ii) the involved licensee. 26
`(3) However, the involved licensed monitoring operator may confirm 27
the payout refusal decision only if the operator is satisfied the registering or 28
production of the displayed win to which the decision relates was caused by 29
a gaming system malfunction. 30
s 90 85 s 90
Gaming Machine and Other Legislation
Amendment (No. 2)
`(4) The notice mentioned in subsection (2)(c) must state-- 1
(a) the outcome of the review (the "review decision"); and 2
(b) the reasons for the review decision; and 3
(c) if the review decision is a decision confirming the payout refusal 4
decision-- 5
(i) that the claimant may ask the chief executive to review the 6
review decision; and 7
(ii) how the request for the further review may be made. 8
of initial review decisions 9
`Review
`111D.(1) This section applies if a claimant for a review of a payout 10
refusal decision-- 11
(a) receives a notice under section 111C(2) confirming the decision; 12
or 13
(b) does not receive a notice under section 111C(2) within 1 month 14
after asking for the review. 15
`(2) If this section applies because of subsection (1)(a), the claimant may 16
ask the chief executive to review the review decision. 17
`(3) If this section applies because of subsection (1)(b), the claimant may 18
ask the chief executive to review the payout refusal decision. 19
`(4) A request to the chief executive under this section must-- 20
(a) be made in the way, and within the time, prescribed under a 21
regulation; and 22
(b) be dealt with by the chief executive in the way prescribed under a 23
regulation. 24
of reviews on payout refusal decisions 25
`Effect
`111E.(1) If, following the review of a review decision by the chief 26
executive, the chief executive sets aside the review decision-- 27
(a) the payout refusal decision to which the review decision relates 28
s 91 86 s 91
Gaming Machine and Other Legislation
Amendment (No. 2)
ceases to have effect; and 1
(b) this Act applies to the involved licensee in relation to the 2
displayed win to which the payout refusal decision related as if 3
the decision had not been made. 4
`(2) If an involved licensed monitoring operator overrules a payout 5
refusal decision-- 6
(a) the decision ceases to have effect; and 7
(b) this Act applies to the involved licensee in relation to the 8
displayed win to which the decision related as if the decision had 9
not been made. 10
`(3) Nothing in section 111B to 111D affects or prejudices any other 11
right or remedy of an affected person in relation to a displayed win to which 12
a payout refusal decision relates.'. 13
of s 112 (Defective gaming machines not allowed) 14
Amendment
Clause 91.(1) Section 112, heading-- 15
omit, insert-- 16
`Defective gaming system components not allowed'. 17
(2) Section 112(2)-- 18
omit, insert-- 19
`(2) A licensee must not allow a gaming system component installed, or 20
available for use, on the licensee's licensed premises to be played or used, 21
except for testing purposes, if the component malfunctions when it is 22
played or used. 23
Maximum penalty--200 penalty units.'. 24
(3) Section 112(3)(a), from `gaming machine' to `function'-- 25
omit, insert-- 26
`gaming system component did not malfunction when it was played or 27
used'. 28
(4) Section 112(3)(b), from `gaming machine' to `function'-- 29
s 92 87 s 94
Gaming Machine and Other Legislation
Amendment (No. 2)
omit, insert-- 1
`gaming system component was malfunctioning'. 2
of s 113 (Security of keys etc.) 3
Amendment
Clause 92.(1) Section 113(1)-- 4
insert-- 5
`Maximum penalty--200 penalty units.'. 6
(2) Section 113, penalty-- 7
omit, insert-- 8
`Maximum penalty for subsection (2)--200 penalty units.'. 9
of s 117 (Minors cannot be employed) 10
Omission
Clause 93. Section 117-- 11
omit. 12
of s 118 (Minors cannot play gaming machines) 13
Amendment
Clause 94. Section 118-- 14
insert-- 15
`(2) Subsection (1) does not apply to a minor if the minor-- 16
(a) is an employee of the licensee of the licensed premises; and 17
(b) plays the gaming machine only to the extent that is necessary for 18
carrying out the minor's duties as the licensee's employee. 19
20
Example of circumstances in which minor may play gaming machine for
21
subsection (2)(b)--
22
If a gaming machine has malfunctioned and has been adjusted to correct the
23
malfunction, a minor may play the gaming machine to test that it is operating
24
properly.'.
s 95 88 s 97
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 119 (Minors cannot be allowed to game) 1
Amendment
Clause 95.(1) Section 119(1)-- 2
insert-- 3
`Maximum penalty-- 4
(a) for a person who is the licensee of, or a gaming employee for, the 5
licensed premises--250 penalty units; or 6
(b) for another person--40 penalty units.'. 7
(2) Section 119(2)-- 8
omit, insert-- 9
`(2) A person does not commit an offence against subsection (1) if the 10
minor-- 11
(a) is an employee of the licensee of the licensed premises; and 12
(b) plays the gaming machine only to the extent that is necessary for 13
carrying out the minor's duties as the licensee's employee. 14
15
Example of circumstances in which minor may play gaming machine for
16
subsection (2)(b)--
17
If a gaming machine has malfunctioned and has been adjusted to correct the
18
malfunction, a minor may play the gaming machine to test it is operating properly.'.
of ss 130-134 19
Omission
Clause 96. Sections 130 to 134-- 20
omit. 21
of s 135 (Manufacture, sale, supply, obtaining or 22
Amendment
possession of gaming machines) 23
Clause 97.(1) Section 135(1)(b)-- 24
omit, insert-- 25
`(b) linked jackpot equipment; or'. 26
(2) Section 135(1)(c), `arrangement'-- 27
s 98 89 s 98
Gaming Machine and Other Legislation
Amendment (No. 2)
omit, insert-- 1
`equipment'. 2
(3) Section 135, `licensed operator'-- 3
omit, insert-- 4
`licensed monitoring operator'. 5
(4) Section 135(1A), `a recognised manufacturer or supplier of gaming 6
machines'-- 7
omit, insert-- 8
`a licensed major dealer'. 9
(5) Section 135(1E), `licensed operator's'-- 10
omit, insert-- 11
`licensed monitoring operator's'. 12
(6) Section 135(7)-- 13
omit. 14
of new s 135A 15
Insertion
Clause 98. After section 135-- 16
insert-- 17
of gaming equipment and other property by licensed 18
`Possession
monitoring operators 19
`135A.(1) A licensed monitoring operator must not use premises for 20
storing or handling designated property, unless the premises are approved 21
by the chief executive for the purpose. 22
Maximum penalty--200 penalty units. 23
`(2) An application for the approval of premises must be made in the 24
way prescribed under a regulation. 25
`(3) In this section-- 26
"designated property" means-- 27
s 99 90 s 99
Gaming Machine and Other Legislation
Amendment (No. 2)
(a) gaming equipment; or 1
(b) property of a licensed monitoring operator that is ancillary or 2
related to the operator's gaming equipment; or 3
(c) restricted components.'. 4
of s 136 (Possession etc. of gaming machines and 5
Amendment
restricted components by recognised manufacturers or suppliers of 6
gaming machines) 7
Clause 99.(1) Section 136, heading, `recognised manufacturers or suppliers 8
of gaming machines'-- 9
omit, insert-- 10
`by licensed major dealers'. 11
(2) Section 136, `recognised manufacturer or supplier of gaming 12
machines'-- 13
omit, insert-- 14
`licensed major dealer'. 15
(3) Section 136(1), `arrangements'-- 16
omit, insert-- 17
`equipment'. 18
(4) Section 136(1)(b)(ia), `licensed operator'-- 19
omit, insert-- 20
`licensed monitoring operator'. 21
(5) Section 136(1)(b)(ii)-- 22
omit, insert-- 23
`(ii) linked jackpot equipment or restricted components to a 24
person authorised under this Act to obtain and be in 25
possession of the equipment or components; and'. 26
(6) Section 136(2), `gaming machines, linked jackpot arrangements or 27
restricted components,'-- 28
s 100 91 s 101
Gaming Machine and Other Legislation
Amendment (No. 2)
omit, insert-- 1
`designated equipment'. 2
(7) Section 136(2), penalty, `or 1 year's imprisonment'-- 3
omit. 4
(8) Section 136(4)-- 5
omit, insert-- 6
`(4) In this section-- 7
"designated equipment" means-- 8
(a) gaming equipment; or 9
(b) property of a licensed major dealer that is ancillary or related to 10
the dealer's gaming equipment; or 11
(c) restricted components.'. 12
of s 137 (Possession etc. of restricted components by 13
Amendment
recognised suppliers of restricted components) 14
Clause 100.(1) Section 137, heading-- 15
omit, insert-- 16
`Possession etc. of restricted components by licensed secondary 17
dealers'. 18
(2) Section 137, `recognised supplier of restricted components'-- 19
omit, insert-- 20
`licensed secondary dealer'. 21
of s 138 (Possession etc. of gaming machines and 22
Amendment
restricted components by licensed repairers) 23
Clause 101.(1) Section 138(d), `arrangement'-- 24
omit, insert-- 25
`equipment'. 26
s 102 92 s 103
Gaming Machine and Other Legislation
Amendment (No. 2)
(2) Section 138(e), `a linked jackpot arrangement'-- 1
omit, insert-- 2
`linked jackpot equipment'. 3
(3) Section 138(e), `the arrangement'-- 4
omit, insert-- 5
`the equipment'. 6
of s 139 (Possession etc. of restricted components by 7
Amendment
licensed service contractors) 8
Clause 102.(1) Section 139(d), `arrangement'-- 9
omit, insert-- 10
`equipment'. 11
(2) Section 139(e), `a linked jackpot arrangement'-- 12
omit, insert-- 13
`linked jackpot equipment'. 14
(3) Section 139(e), `the arrangement'-- 15
omit, insert-- 16
`the equipment'. 17
of s 140 (Possession etc. of gaming machines and 18
Amendment
restricted components by licensees) 19
Clause 103.(1) Section 140(2)-- 20
omit, insert-- 21
`(2) A licensee must not, on the licensee's licensed premises, be in 22
possession of, or allow a person to play, a gaming machine unless-- 23
(a) the gaming machine is an authorised gaming machine of the 24
licensee; and 25
(b) the game for the machine is an approved game, whether or not 26
s 104 93 s 104
Gaming Machine and Other Legislation
Amendment (No. 2)
changed by an alteration of the gaming machine under this Act. 1
Maximum penalty--1 000 penalty units or 5 years imprisonment.'. 2
(2) Section 140-- 3
insert-- 4
`(4) If a licensee's gaming machine licence is cancelled, the licensee may 5
be in possession of gaming machines and restricted components supplied to 6
the licensee under this section until-- 7
(a) the end of the period allowed for appealing against the decision to 8
cancel the licence; or 9
(b) if an appeal is made against the decision--the appeal is finally 10
decided.'. 11
of s 141 (Possession etc. of gaming machines etc. by other 12
Amendment
persons) 13
Clause 104.(1) Section 141(2) and (4), `arrangements'-- 14
omit, insert-- 15
`equipment'. 16
(2) Section 141(3), `arrangments' (first mention)-- 17
omit, insert-- 18
`equipment'. 19
(3) Section 141(3)(a)-- 20
omit, insert-- 21
`(a) the gaming machines, linked jackpot equipment and restricted 22
components being provided by-- 23
(i) the chief executive, a licensee or an approved financier; or 24
(ii) a licensed monitoring operator, licensed major dealer, 25
licensed service contractor or licensed repairer; or 26
(iii) another gaming trainer.'. 27
(4) Section 141(4), `or other officer of the division'-- 28
s 105 94 s 106
Gaming Machine and Other Legislation
Amendment (No. 2)
omit, insert-- 1
`, a departmental officer'. 2
(5) Section 141(5), words after `conduct of gaming)'-- 3
omit, insert-- 4
`a gaming machine, linked jackpot equipment, a restricted component or 5
a device capable of being represented as being a gaming machine or linked 6
jackpot equipment'. 7
of s 141B (Repossession of gaming machines) 8
Amendment
Clause 105.(1) Section 141B, `licensed operator'-- 9
omit, insert-- 10
`licensed monitoring operator'. 11
(2) Section 141B, penalty-- 12
omit, insert-- 13
`Maximum penalty--100 penalty units.'. 14
(3) Section 141B-- 15
insert-- 16
`(2) For obtaining the chief executive's approval for subsection (1), an 17
application must be made to the chief executive. 18
`(3) The application must-- 19
(a) be in the approved form; and 20
(b) be accompanied by the fee prescribed under a regulation for the 21
application.'. 22
of s 141C (Storage of gaming machines by operators and 23
Amendment
financiers) 24
Clause 106.(1) Section 141C(2) and (3), penalties, `or 1 year's imprisonment'-- 25
omit. 26
s 107 95 s 109
Gaming Machine and Other Legislation
Amendment (No. 2)
(2) Section 141C(3), `1 month'-- 1
omit, insert-- 2
`2 months'. 3
of s 142 (Consignment or movement of gaming machines) 4
Omission
Clause 107. Section 142-- 5
omit. 6
of s 142A (Destruction of gaming machines) 7
Amendment
Clause 108. Section 142A, penalty-- 8
omit, insert-- 9
`Maximum penalty--100 penalty units.'. 10
of s 143 (Purchase of gaming machines etc.) 11
Amendment
Clause 109.(1) Section 143(1)(e)(ii), after `arrangements'-- 12
insert-- 13
`, linked jackpot equipment'. 14
(2) Section 143(1)(g) and (h)-- 15
omit, insert-- 16
`(g) sell gaming equipment and ancillary or related property; and 17
(h) contract for the service and maintenance of gaming equipment 18
and ancillary or related property of the State; and'. 19
(3) Section 143(1)(i), `arrangements'-- 20
omit, insert-- 21
`equipment'. 22
s 110 96 s 110
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 146 (Acceptance by chief executive of gaming 1
Replacement
machines and games for evaluation) 2
Clause 110. Section 146-- 3
omit, insert-- 4
and rejection of gaming machines and games 5
`Approval
`146.(1) Nothing in this section affects the operation of section 144 6
or 145. 7
`(2) The chief executive may accept gaming machine types and games 8
from a person (the "applicant") for evaluation. 9
`(3) If the chief executive accepts a gaming machine type or game for 10
evaluation, the chief executive must-- 11
(a) carry out the evaluation; or 12
(b) direct the applicant-- 13
(i) to arrange to have the gaming machine type or game 14
evaluated by an approved evaluator; and 15
(ii) to give the chief executive a written report of the evaluation. 16
`(4) If the chief executive decides to carry out the evaluation, the chief 17
executive may require the applicant to give the chief executive further 18
information or material for the evaluation. 19
`(5) A requirement under subsection (4)-- 20
(a) must be made by written notice given to the applicant; and 21
(b) may only relate to information or material that is necessary and 22
reasonable for carrying out an appropriate evaluation. 23
`(6) The notice mentioned in subsection (5)(a) must state the period 24
within which the requirement is to be complied with. 25
`(7) If the chief executive carries out an evaluation of a gaming machine 26
type or game-- 27
(a) the applicant must pay the fee prescribed under a regulation for 28
the evaluation to the chief executive; and 29
(b) if an amount of the fee is not paid by the applicant, the State may 30
s 111 97 s 112
Gaming Machine and Other Legislation
Amendment (No. 2)
recover the amount from the applicant as a debt. 1
`(8) As soon as practicable as the circumstances allow, the chief 2
executive may either approve or reject a gaming machine type or game 3
accepted by the chief executive under this section. 4
`(9) The chief executive may reject a gaming machine type or game if-- 5
(a) the fee payable for an evaluation carried out by the chief executive 6
is not paid; or 7
(b) the applicant fails to comply with-- 8
(i) a direction of the chief executive under subsection (3)(b); or 9
(ii) a requirement of the chief executive under subsection (4). 10
`(10) A rejection under subsection (9)(b) may be made without an 11
evaluation having been carried out. 12
`(11) If the chief executive approves a gaming machine type or game, the 13
chief executive must immediately give the applicant written notice of the 14
decision. 15
`(12) If the chief executive rejects a gaming machine type or game, the 16
chief executive must immediately give the applicant an information notice 17
for the decision.'. 18
of s 146A (Replacing approved games) 19
Amendment
Clause 111.(1) Section 146A(1) and (2), `licensed operator'-- 20
omit, insert-- 21
`licensed monitoring operator'. 22
(2) Section 146A(3)-- 23
omit. 24
of s 146B (Change to percentage returns) 25
Amendment
Clause 112.(1) Section 146B, `licensed operator'-- 26
omit, insert-- 27
s 113 98 s 114
Gaming Machine and Other Legislation
Amendment (No. 2)
`licensed monitoring operator'. 1
(2) Section 146B(1), `a game'-- 2
omit, insert-- 3
`an approved game'. 4
(3) Section 146B(2)(a) to (c)-- 5
omit, insert-- 6
`(a) is installed on the licensed premises; and 7
(b) has the same game and betting unit as the gaming machine to 8
which the change relates; and 9
(c) is not part of a linked jackpot arrangement.'. 10
of s 148 (Gaming machines supplied to be in accordance 11
Amendment
with approval) 12
Clause 113.(1) Section 148, `recognised manufacturer or supplier of gaming 13
machines'-- 14
omit, insert-- 15
`licensed major dealer'. 16
(2) Section 148, penalty, `or 1 year's imprisonment'-- 17
omit. 18
of s 149 (Approval of linked jackpot arrangements) 19
Amendment
Clause 114.(1) Section 149, heading-- 20
omit, insert-- 21
`Requirements for approvals for linked jackpot arrangements'. 22
(2) Section 149, before subsection (1)-- 23
insert-- 24
`(1A) A person who is not a licensee or licensed monitoring operator 25
must not-- 26
s 114 99 s 114
Gaming Machine and Other Legislation
Amendment (No. 2)
(a) install or operate or cause or allow to be installed or operated a 1
single site linked jackpot arrangement; or 2
(b) install or operate, or cause or allow to be installed or operated, or 3
participate in the operation of, a multiple site linked jackpot 4
arrangement. 5
Maximum penalty--200 penalty units.'. 6
(3) Section 149, `licensed operator'-- 7
omit, insert-- 8
`licensed monitoring operator'. 9
(4) Section 149(1) and (4), penalties, `or 1 year's imprisonment'-- 10
omit. 11
(5) Section 149(2), after `subsection (1)'-- 12
insert-- 13
`relating to the installation of an unrestricted arrangement'. 14
(6) Section 149(3)-- 15
omit. 16
(7) Section 149(5), penalty-- 17
omit, insert-- 18
`Maximum penalty--200 penalty units.'. 19
(8) Section 149(11)-- 20
omit, insert-- 21
`(9) In this section-- 22
"restricted arrangement" means a single or multiple site linked jackpot 23
arrangement under which the only amounts or other things able to be 24
won by the playing of gaming machines forming part of the 25
arrangement are promotions. 26
"unrestricted arrangement" means a single or multiple site linked jackpot 27
arrangement that is not a restricted arrangement.'. 28
s 115 100 s 115
Gaming Machine and Other Legislation
Amendment (No. 2)
of new s 149A 1
Insertion
Clause 115. After section 149-- 2
insert-- 3
about approvals for linked jackpot arrangements 4
`Decisions
`149A.(1) This section applies to the chief executive for giving, or 5
refusing to give, an approval for section 149 for a linked jackpot 6
arrangement. 7
`(2) If, for deciding whether or not to give the approval, the chief 8
executive considers it is necessary for the linked jackpot arrangement to be 9
evaluated, the chief executive may-- 10
(a) carry out the evaluation; or 11
(b) direct the applicant-- 12
(i) to arrange to have the arrangement evaluated by an approved 13
evaluator; and 14
(ii) to give the chief executive a written report of the evaluation. 15
`(3) If the chief executive carries out an evaluation of the linked jackpot 16
arrangement-- 17
(a) the applicant must pay the fee prescribed under a regulation for 18
the evaluation to the chief executive; and 19
(b) if an amount of the fee is not paid by the applicant, the State may 20
recover the amount from the applicant as a debt. 21
`(4) The chief executive may refuse to give an approval if-- 22
(a) the fee payable for an evaluation carried out by the chief executive 23
is not paid; or 24
(b) the applicant fails to comply with a direction of the chief executive 25
under subsection (2)(b). 26
`(5) If the chief executive gives the approval, the chief executive must 27
immediately give the applicant written notice of the decision. 28
`(6) If the chief executive refuses to give the approval, the chief executive 29
must immediately give the applicant an information notice for the decision. 30
s 116 101 s 117
Gaming Machine and Other Legislation
Amendment (No. 2)
`(7) In this section-- 1
"applicant" means the person by whom an approval of the chief executive 2
for section 149 is sought.'. 3
of s 152 (Unlawful interference with gaming equipment) 4
Amendment
Clause 116.(1) Section 152(1)(a), after `device'-- 5
insert-- 6
`or computer software'. 7
(2) Section 152(1)(c), `the game as approved by the chief executive'-- 8
omit, insert-- 9
`the approved game'. 10
(3) Section 152(2)(a), before `licensed repairer'-- 11
insert-- 12
`licensed monitoring operator or'. 13
of s 153 (Protection of sensitive areas of gaming 14
Amendment
equipment) 15
Clause 117.(1) Section 153(1)(g), `arrangement or'-- 16
omit, insert-- 17
`equipment or an'. 18
(2) Section 153(2), `the licensed operator's approval'-- 19
omit, insert-- 20
`the approval of the licensed monitoring operator'. 21
(3) Section 153(3), penalty-- 22
omit, insert-- 23
`Maximum penalty--200 penalty units.'. 24
s 118 102 s 120
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 155 (Use of unauthorised gaming machines) 1
Amendment
Clause 118. Section 155(1), `an officer of the division'-- 2
omit, insert-- 3
`a departmental officer'. 4
of s 156 (Monthly money clearances) 5
Amendment
Clause 119.(1) Section 156(1), `of all gaming machines'-- 6
omit, insert-- 7
`complying with section 157A of all gaming machines and any 8
centralised credit system'. 9
(2) Section 156(1)-- 10
insert-- 11
`Maximum penalty--200 penalty units.'. 12
(3) Section 156(2), `, and the licensee must comply with the direction'-- 13
omit. 14
(4) Section 156-- 15
insert-- 16
`(2A) A licensee to whom a direction is given under subsection (2) must 17
comply with the direction. 18
Maximum penalty--200 penalty units.'. 19
(5) Section 156, penalty-- 20
omit, insert-- 21
`Maximum penalty for subsection (3)--200 penalty units.'. 22
of s 157 (Weekly money clearances) 23
Amendment
Clause 120.(1) Section 157(1), `of each gaming machine'-- 24
omit, insert-- 25
`complying with section 157A of each gaming machine and any 26
s 121 103 s 122
Gaming Machine and Other Legislation
Amendment (No. 2)
centralised credit system'. 1
(2) Section 157(1)-- 2
insert-- 3
`Maximum penalty--200 penalty units.'. 4
(3) Section 157, penalty-- 5
omit, insert-- 6
`Maximum penalty for subsection (2)--200 penalty units.'. 7
of new s 157A 8
Insertion
Clause 121. After section 157-- 9
insert-- 10
for money clearance 11
`Requirement
`157A.(1) This section applies for carrying out a money clearance under 12
section 156 or 157. 13
`(2) For a money clearance of a gaming machine, the gaming tokens to 14
be removed from the gaming machine are all the tokens in the gaming 15
machine, other than gaming tokens in the hopper. 16
`(3) For a money clearance of a centralised credit system, the amount to 17
be deducted is the amount calculated on the basis fixed under a regulation.'. 18
of s 158 (Accounts and analyses) 19
Amendment
Clause 122.(1) Section 158(1)-- 20
insert-- 21
`Maximum penalty--200 penalty units.'. 22
(2) Section 158, penalty-- 23
omit, insert-- 24
`Maximum penalty for subsection (2)--200 penalty units.'. 25
s 123 104 s 124
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 159 (Monthly gaming machine reconciliation 1
Amendment
reports) 2
Clause 123.(1) Section 159(1)(a), after `report'-- 3
insert-- 4
`complying with subsection (2)'. 5
(2) Section 159(1)-- 6
insert-- 7
`Maximum penalty--200 penalty units.'. 8
(3) Section 159, penalty-- 9
omit. 10
of ss 161 and 162 11
Replacement
Clause 124. Sections 161 and 162-- 12
omit, insert-- 13
audit guidelines 14
`Licensees
`160A.(1) The chief executive may prepare guidelines ("licensees audit 15
guidelines") for the carrying out of audits for the gaming operations of 16
category 2 licensees. 17
`(2) The chief executive must keep copies of the licensees audit 18
guidelines available for inspection and permit a person-- 19
(a) to inspect the guidelines without fee; and 20
(b) to take extracts from the guidelines without fee. 21
`(3) Also, the chief executive must keep copies of the licensees audit 22
guidelines available for supply to persons and permit a person to obtain a 23
copy of the guidelines, or a part of the guidelines, without fee. 24
`(4) For subsection (2)-- 25
(a) copies of the licensees audit guidelines-- 26
(i) must be kept at the head office and any regional office of the 27
department; and 28
s 124 105 s 124
Gaming Machine and Other Legislation
Amendment (No. 2)
(ii) may be kept at any other place the chief executive considers 1
appropriate; and 2
(b) the copies of the guidelines kept at a place must be available for 3
inspection during office hours on business days for the place. 4
of gaming operations 5
`Audit
`161.(1) As soon as practicable after the end of a financial year, a 6
category 2 licensee must, for each of the licensee's licensed premises, at the 7
licensee's own expense, cause the licensee's accounts and accounting 8
records for the licensee's gaming operations for the licensed premises for 9
the financial year to be audited by an approved accountant. 10
Maximum penalty--200 penalty units. 11
`(2) If a category 2 licensee ceases to be a category 2 licensee of 12
premises, the person (the "former licensee") must, within the required 13
time, at the former licensee's own expense, cause the former licensee's 14
accounts and accounting records for the former licensee's gaming 15
operations for the premises for the operating period to be audited by an 16
approved accountant. 17
Maximum penalty--200 penalty units. 18
`(3) The required time for the former licensee to take action under 19
subsection (2) is-- 20
(a) the period ending 1 month after the former licensee ceases to be a 21
category 2 licensee; or 22
(b) if the chief executive extends, or further extends, the period for 23
the former licensee to take the action, by written notice given to 24
the former licensee in the period or extended period--the period 25
as extended. 26
`(4) In this section-- 27
"operating period", for a former licensee, means-- 28
(a) if an audit for the former licensee's gaming operations has been 29
done for subsection (1)--the period-- 30
(i) starting on the day immediately after the end of the period to 31
s 124 106 s 124
Gaming Machine and Other Legislation
Amendment (No. 2)
which the audit, or last audit, related; and 1
(ii) ending on the day the former licensee ceased to be a 2
category 2 licensee; and 3
(b) if paragraph (a) does not apply--the period starting on the day the 4
former licensee's gaming operations started and ending on the 5
day the former licensee ceased to be a category 2 licensee. 6
out of audit 7
`Carrying
`161A.(1) An approved accountant carrying out an audit for 8
section 161(1) or (2) must-- 9
(a) to the extent it is reasonably practicable, comply with any 10
licensees audit guidelines; and 11
(b) complete the audit within 3 months after the end of the financial 12
year or other period to which the audit relates; and 13
(c) immediately after completing the audit, give a copy of the audit 14
report to the category 2 licensee or former licensee. 15
Maximum penalty--40 penalty units. 16
`(2) Subsection (1)(b) does not apply to the approved accountant if-- 17
(a) in the circumstances, it would be unreasonable to require the 18
accountant to comply with the paragraph; and 19
(b) the accountant completes the audit as soon as practicable. 20
with audit report 21
`Dealing
`161B. Within 14 days after a category 2 licensee or former licensee 22
receives a copy of an audit report under section 161A(1)(c), the category 2 23
licensee or former licensee must give a copy of the report to the chief 24
executive. 25
Maximum penalty--200 penalty units. 26
s 124 107 s 124
Gaming Machine and Other Legislation
Amendment (No. 2)
documents for audit report for category 2 licensee 1
`Associated
`161C.(1) A category 2 licensee, on receiving a copy of an audit report 2
under section 161A(1)(c) for a financial year, must, in addition to giving a 3
copy of the report to the chief executive under section 161B, give to the 4
chief executive, as required by this section-- 5
(a) if the approved accountant who carried out the audit issued a 6
management letter in relation to the audit--a copy of the 7
management letter; and 8
(b) a statement-- 9
(i) stating the number of members in each class of membership 10
of the licensee at the end of the financial year; and 11
(ii) identifying each class of membership of the licensee for 12
which the members in the class have voting rights; and 13
(c) a copy of a profit and loss statement containing details of all 14
revenue received, and expenditure incurred, by the licensee in 15
carrying on the licensee's general operations for the licensee's 16
licensed premises to which the audit report relates for the financial 17
year; and 18
(d) a copy of any balance sheet, financial statement, auditor's report 19
or other statement or report, relating to the licensee's general 20
operations that was presented to the licensee's annual general 21
meeting for the financial year. 22
Maximum penalty--200 penalty units. 23
`(2) A document mentioned in subsection (1)(a) or (b) must be given to 24
the chief executive with the copy of the audit report given to the chief 25
executive. 26
`(3) A document mentioned in subsection (1)(c) or (d) must be given to 27
the chief executive-- 28
(a) if the category 2 licensee's annual general meeting for the 29
financial year was held before the licensee received the copy of 30
the audit report--with the copy of the audit report given to the 31
chief executive; or 32
(b) if paragraph (a) does not apply--within 14 days after the 33
s 124 108 s 124
Gaming Machine and Other Legislation
Amendment (No. 2)
licensee's annual general meeting for the financial year is held. 1
`(4) Subsection (1) applies to the category 2 licensee in relation to the 2
profit and loss statement mentioned in paragraph (c) of the subsection only 3
to the extent to which a document mentioned in paragraph (d) of the 4
subsection does not contain the details mentioned in paragraph (c), 5
specifically relating to the licensee's licensed premises to which the audit 6
report relates. 7
`(5) Words and expressions used in a Gaming Act and subsection (6), 8
definition "general operations", paragraph (b) have the same meanings in 9
that paragraph as they have in the Gaming Act. 10
`(6) In this section-- 11
"general operations", of a licensee, means operations conducted by the 12
licensee-- 13
(a) under the licensee's gaming machine licence; or 14
(b) in relation to the conduct of-- 15
(i) keno games by a keno licensee under a keno licence; or 16
(ii) wagering by a wagering licensee under a wagering licence; 17
or 18
(iii) art unions by the holder of an authority under the authority; 19
or 20
(c) relating to the supply of-- 21
(i) liquor and other beverages; and 22
(ii) food. 23
information about audit report or associated documents 24
`Further
`161D.(1) This section applies on the receipt by the chief executive of-- 25
(a) a copy of an audit report under section 161B; or 26
(b) a document under section 161C. 27
`(2) The chief executive may, by written notice given to the person from 28
whom the copy of the audit report or other document is received, require the 29
s 124 109 s 124
Gaming Machine and Other Legislation
Amendment (No. 2)
person to give the chief executive, within a reasonable time stated in the 1
notice, the information stated in the notice. 2
`(3) The chief executive may require a person to give the chief executive 3
information about a matter under subsection (2) only if-- 4
(a) the matter relates to the person's gaming operations; and 5
(b) the matter is mentioned in, or arises out of-- 6
(i) the audit report a copy of which is received by the chief 7
executive from the person; or 8
(ii) the other document received by the chief executive from the 9
person. 10
`(4) When making a requirement of a person under subsection (2), the 11
chief executive must warn the person it is an offence to fail to comply with 12
the requirement, unless the person has a reasonable excuse. 13
`(5) A person to whom a notice is given under subsection (2) must 14
comply with the requirement mentioned in the notice within the stated time, 15
unless the person has a reasonable excuse. 16
Maximum penalty--200 penalty units. 17
`(6) It is a reasonable excuse for the person not to comply with the 18
requirement if complying with the requirement might tend to incriminate 19
the person. 20
about keeping accounting records 21
`Notices
`161E.(1) The chief executive may, by written notice given to a 22
licensee-- 23
(a) approve, as a place at which the licensee may keep the licensee's 24
accounting records for licensed premises of the licensee, a place, 25
other than the licensed premises, nominated by the licensee; or 26
(b) specify an accounting record of the licensee (an "exempt 27
accounting record") that may be kept at a place that is not an 28
approved place for the keeping of the record; or 29
(c) specify an accounting record of the licensee that may be kept 30
temporarily at a place (a "holding place") that is not an approved 31
s 124 110 s 124
Gaming Machine and Other Legislation
Amendment (No. 2)
place for the keeping of the record, and the period for which, or 1
the circumstances in which, the record may be kept at the holding 2
place; or 3
(d) approve the keeping of information contained in an accounting 4
record of the licensee in a way different from the way the 5
information was originally kept; or 6
(e) approve the destruction of an accounting record of the licensee the 7
chief executive considers need not be kept. 8
`(2) The chief executive may specify an accounting record for 9
subsection (1)(b) only if the chief executive considers there is sufficient 10
reason for the record to be kept at a place that is not an approved place for 11
the keeping of the record. 12
`(3) An accounting record mentioned in subsection (1)(c) is also an 13
"exempt accounting record"-- 14
(a) for the period stated in the notice; or 15
(b) while the circumstances stated in the notice exist. 16
`(4) The exercise of the chief executive's power under subsection (1)(d) 17
or (e) is subject to any other law about the retention or destruction of the 18
accounting record. 19
at which licensee's accounting records to be kept 20
`Places
`161F.(1) A licensee must keep the licensee's accounting records for 21
licensed premises of the licensee at a place that is an approved place for the 22
keeping of the records. 23
Maximum penalty--40 penalty units. 24
`(2) Subsection (1) does not apply to an exempt accounting record. 25
for which licensee's accounting records to be kept 26
`Period
`162.(1) A licensee must keep an accounting record of the licensee for 27
5 years after the end of the transaction to which the record relates. 28
Maximum penalty--40 penalty units. 29
s 125 111 s 127
Gaming Machine and Other Legislation
Amendment (No. 2)
`(2) Subsection (1) does not apply to an accounting record if-- 1
(a) the information previously contained in the record is kept in 2
another way under an approval of the chief executive; or 3
(b) the record has been destroyed under an approval of the chief 4
executive. 5
`(3) Subsection (1) has effect subject to any other law about the retention 6
or destruction of the accounting record.'. 7
of s 163 (Monthly taxable metered win) 8
Amendment
Clause 125. Section 163(1) to (1B)-- 9
omit, insert-- 10
`163.(1) Each month the chief executive must, for the preceding month, 11
make an assessment of the monthly taxable metered win of each licensed 12
premises and, subject to section 175, the assessment is taken to be the 13
monthly taxable metered win for the premises for the preceding month.'. 14
of s 164 (Monthly fees) 15
Amendment
Clause 126. Section 164(3), `for each licensed premises'-- 16
omit, insert-- 17
`by the licensee'. 18
of s 165 (Gaming machine tax) 19
Amendment
Clause 127. Section 165(3)-- 20
omit, insert-- 21
`(3) If the licensee's licence relates to single premises only, the amount 22
of gaming machine tax payable by the licensee is the amount represented by 23
the percentage prescribed, for the category of licensed premises to which the 24
licensee's licensed premises belong, of the monthly taxable metered win for 25
the licensee's licensed premises for the month for which the tax is payable. 26
`(4) If the licensee's licence relates to 2 or more premises, the amount of 27
s 128 112 s 128
Gaming Machine and Other Legislation
Amendment (No. 2)
gaming machine tax payable by the licensee is the amount represented by 1
the percentage prescribed, for category 2 licensed premises, of the sum of 2
the monthly taxable metered wins for both or all of the licensee's licensed 3
premises for the month for which the tax is payable.'. 4
of s 170 (Payment of monthly fees, taxes etc.) 5
Amendment
Clause 128.(1) Section 170(1), `Subject' to `must'-- 6
omit, insert-- 7
`Subject to subsections (1A) and (1B), a licensee must'. 8
(2) Section 170(1)(a), after `tax'-- 9
insert-- 10
`payable by the licensee'. 11
(3) Section 170(1)(b), after `payable'-- 12
insert-- 13
`by the licensee'. 14
(4) Section 170(1)(c), after `payable'-- 15
insert-- 16
`by the licensee'. 17
(5) Section 170(1), penalty, `or 1 year's imprisonment'-- 18
omit. 19
(6) Section 170(2)-- 20
omit, insert-- 21
`(2) For the payment of an amount to the chief executive for monthly 22
fees, gaming machine tax or penalty under section 171, the licensee must 23
ensure the payment-- 24
(a) is identifiable as being for the licensee's licensed premises only; 25
and 26
(b) is exclusive of any payment for any other licensee or purpose. 27
Maximum penalty--40 penalty units.'. 28
s 129 113 s 130
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 171 (Penalty for late payment) 1
Amendment
Clause 129.(1) Section 171(1), from `Subject' to `premises,'-- 2
omit, insert-- 3
`If,'. 4
(2) Section 171(1), from `is less than' to `in respect of'-- 5
omit, insert-- 6
`from a licensee is less than the total amount the licensee is, under that 7
subsection, required to ensure is received by the chief executive for'. 8
of s 173 (Licensed operator's financial statement) 9
Amendment
Clause 130.(1) Section 173, heading-- 10
omit, insert-- 11
`Financial statement of licensed monitoring operator'. 12
(2) Section 173(1) and (2)-- 13
omit, insert-- 14
`173.(1) A licensed monitoring operator who supplies basic monitoring 15
services for licensed premises of a licensee must, as required under 16
subsection (2)-- 17
(a) give the licensee a financial statement for the premises; or 18
(b) have a financial statement for the premises available in a form 19
capable of being accessed by the licensee. 20
Maximum penalty--100 penalty units. 21
`(2) The financial statement for the licensed premises must-- 22
(a) be given to, or made available for access by, the licensee as soon 23
as practicable after the end of the assessment period for the 24
premises; and 25
(b) contain the particulars stated by the chief executive in a written 26
notice given to the licensed monitoring operator as the particulars 27
the chief executive considers appropriate for the premises.'. 28
s 131 114 s 133
Gaming Machine and Other Legislation
Amendment (No. 2)
(3) Section 173(3) to (6), `licensed operator'-- 1
omit, insert-- 2
`licensed monitoring operator'. 3
(4) Section 173(7), `dependant's'-- 4
omit, insert-- 5
`defendant's'. 6
of s 175 (Adjustment of monthly fees etc. in certain 7
Amendment
circumstances) 8
Clause 131.(1) Section 175, from `opinion' to `metered win'-- 9
omit, insert-- 10
`opinion that an assessment of the monthly taxable metered win for 11
licensed premises'. 12
(2) Section 175, from `month in respect of' to `section 173(1),'-- 13
omit, insert-- 14
`month'. 15
of s 176 (Recovery of fees and taxes) 16
Amendment
Clause 132. Section 176(1)(b), `that holds a category 1 licence'-- 17
omit, insert-- 18
`and the licensed premises to which licensee's licence relates are 19
category 1 licensed premises'. 20
of s 179 (Interpretation) 21
Amendment
Clause 133. Section 179, definition "article", paragraph (c), `arrangement'-- 22
omit, insert-- 23
`equipment'. 24
s 134 115 s 135
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 180 (Directions to licensees and licensed operators) 1
Amendment
Clause 134.(1) Section 180, heading, `licensed'-- 2
omit. 3
(2) Section 180, `licensed operator'-- 4
omit, insert-- 5
`licensed monitoring operator'. 6
(3) Section 180(2), penalty, `or 1 year's imprisonment'-- 7
omit. 8
(4) Section 180(3), after `the licensee'-- 9
insert-- 10
`or operator'. 11
(5) Section 180, penalty, `Maximum penalty'-- 12
omit, insert-- 13
`Maximum penalty for subsection (3)'. 14
of new s 180A 15
Insertion
Clause 135. After section 180-- 16
insert-- 17
directions 18
`Stop
`180A.(1) This section applies if an inspector reasonably believes-- 19
(a) a thing used for gaming, or in the conduct of gaming, is 20
unsatisfactory for the purpose for which it is used; and 21
(b) the continued use of the thing may-- 22
(i) jeopardise the integrity of gaming or the conduct of gaming; 23
or 24
(ii) adversely affect the public interest. 25
`(2) The inspector may direct the person who has, or reasonably appears 26
to have, authority to exercise control over the thing to stop using the thing, 27
s 136 116 s 136
Gaming Machine and Other Legislation
Amendment (No. 2)
or allowing the thing to be used, for gaming or in the conduct of gaming. 1
`(3) A direction under subsection (2) (a "stop direction") may be given 2
orally or by written notice (a "stop notice"). 3
`(4) However, if the direction is given orally, it must be confirmed by 4
written notice (also a "stop notice") given to the person as soon as 5
practicable. 6
`(5) A stop direction may be given for a thing at or on licensed premises. 7
`(6) A stop direction does not apply to a use of the thing carried out for 8
repairing or testing the thing. 9
`(7) A stop notice must state-- 10
(a) the grounds on which the inspector believes the thing is 11
unsatisfactory; and 12
(b) the circumstances (if any) under which the stop direction may be 13
cancelled. 14
`(8) A person to whom a stop direction is given must comply with the 15
direction. 16
Maximum penalty for subsection (8)--40 penalty units.'. 17
of s 181 (Powers of inspectors) 18
Amendment
Clause 136.(1) Section 181, heading-- 19
omit, insert-- 20
`General powers of inspectors'. 21
(2) Section 181(1)(f), `and retain'-- 22
omit. 23
(3) Section 181(1)(k)(iii)-- 24
omit, insert-- 25
`(iii) take possession of and remove any gaming equipment or 26
ancillary or related property of the State, and do anything that 27
is necessary and reasonable to effect the taking possession, 28
or removal, of the equipment or property; and'. 29
s 137 117 s 137
Gaming Machine and Other Legislation
Amendment (No. 2)
(4) Section 181(3)(c), `and retain'-- 1
omit. 2
(5) Section 181(3)(i)(i), `or a police officer'-- 3
omit. 4
(6) Section 181(4) to (6)-- 5
omit. 6
of new ss 182A-182D 7
Insertion
Clause 137. After section 182-- 8
insert-- 9
of things that have been seized 10
`Forfeiture
`182A.(1) An article, record or other thing seized under section 181(1)(f) 11
or (3)(c) is forfeited to the State if the inspector who seized the thing-- 12
(a) can not find its owner, after making reasonable inquiries; or 13
(b) can not return it to its owner, after making reasonable efforts; or 14
(c) reasonably believes it is necessary to retain the thing to prevent it 15
being used to commit an offence against this Act.34 16
`(2) In applying subsection (1)-- 17
(a) subsection (1)(a) does not require the inspector to make inquiries 18
if it would be unreasonable to make inquiries to find the owner; 19
and 20
(b) subsection (1)(b) does not require the inspector to make efforts if 21
it would be unreasonable to make efforts to return the thing to its 22
owner. 23
`(3) If the inspector makes a decision under subsection (1)(c), the 24
inspector must immediately give the owner an information notice for the 25
decision. 26
`(4) Subsection (3) does not apply if-- 27
34 Section 209 (Forfeiture on order of court) also deals with forfeiture.
s 137 118 s 137
Gaming Machine and Other Legislation
Amendment (No. 2)
(a) the inspector can not find the owner, after making reasonable 1
inquiries; or 2
(b) it is impracticable or would be unreasonable to give the notice. 3
`(5) Regard must be had to the nature, condition and value of an article or 4
other thing (other than a record)-- 5
(a) in deciding-- 6
(i) whether it is reasonable to make inquiries or efforts for this 7
section; and 8
(ii) if making inquiries or efforts--what inquiries or efforts, 9
including the period over which they are made, are 10
reasonable; or 11
(b) in deciding whether it would be unreasonable to give notice about 12
the article or other thing. 13
of things that have been seized 14
`Return
`182B.(1) If an article, record or other thing that has been seized is not 15
forfeited, an inspector must return it to its owner-- 16
(a) at the end of 6 months; or 17
(b) if a proceeding for an offence involving the thing is started within 18
6 months--at the end of the proceeding and any appeal from the 19
proceeding. 20
`(2) Despite subsection (1), unless an article, record or other thing has 21
been forfeited, the inspector must immediately return the article, record or 22
other thing seized as evidence to its owner if the inspector stops being 23
satisfied its continued retention as evidence is necessary. 24
to things that have been seized 25
`Access
`182C.(1) Until an article, record or other thing that has been seized is 26
forfeited or returned, an inspector must allow its owner-- 27
(a) to inspect it; and 28
(b) for a record or another thing that is a document--to copy it. 29
s 138 119 s 138
Gaming Machine and Other Legislation
Amendment (No. 2)
`(2) Also, until a record or another document that has been seized is 1
forfeited or returned, an inspector must, at the request of the owner of the 2
record or other document, give the owner a correct copy of the record or 3
other document. 4
`(3) A copy of a record or another document given to a person under 5
subsection (2) certified by an inspector as being a correct copy is admissible 6
as evidence in any court and has the same effect as if it were the original of 7
the record or other document. 8
`(4) Subsection (1) does not apply if it is impracticable or would be 9
unreasonable to allow the inspection or copying. 10
with forfeited things 11
`Dealing
`182D.(1) On the forfeiture of a thing to the State, the thing becomes the 12
State's property and may be dealt with by the chief executive as the chief 13
executive considers appropriate. 14
`(2) Without limiting subsection (1), the chief executive may destroy or 15
otherwise dispose of the thing. 16
`(3) Despite subsection (1), the chief executive must not deal with the 17
thing in a way that could prejudice the outcome of an appeal under this Act 18
of which the chief executive is aware. 19
`(4) The forfeiture of a thing, or the dealing with a thing under this 20
section, does not confer a right to compensation on any person.'. 21
of s 184 (Review and termination of agreements) 22
Amendment
Clause 138.(1) Section 184(1), (3) and (7), `A listed person or a holder'-- 23
omit, insert-- 24
`A holder'. 25
(2) Section 184(1), `the listed person or holder'-- 26
omit, insert-- 27
`the holder'. 28
(3) Section 184(1) and (3), penalties, `or 1 year's imprisonment'-- 29
s 139 120 s 140
Gaming Machine and Other Legislation
Amendment (No. 2)
omit. 1
(4) Section 184(4), `a listed person or a holder'-- 2
omit, insert-- 3
`a holder'. 4
of s 187 (Officers of division may be prohibited from 5
Replacement
playing gaming machines) 6
Clause 139. Section 187-- 7
omit, insert-- 8
officials prohibited from playing gaming machines 9
`Restricted
`187.(1) The chief executive may direct an inspector or departmental 10
officer not to play authorised gaming machines of a licensee. 11
`(2) A direction under subsection (1)-- 12
(a) must be given by written notice given to the inspector or 13
departmental officer; and 14
(b) may be given only if the chief executive considers it appropriate 15
to give the direction in the public interest; and 16
(c) may be given on conditions the chief executive considers 17
appropriate. 18
`(3) A restricted official must not, except to the extent that is necessary 19
for carrying out the official's functions as an inspector or departmental 20
officer, play an authorised gaming machine of a licensee in contravention of 21
a direction given to the official by the chief executive under this section. 22
Maximum penalty for subsection (3)--40 penalty units.'. 23
of s 188 (Prohibition on control of applications by clubs) 24
Amendment
Clause 140.(1) Section 188, heading, `clubs'-- 25
omit, insert-- 26
`category 2 licensees'. 27
s 141 121 s 141
Gaming Machine and Other Legislation
Amendment (No. 2)
(2) Section 188, `a club'-- 1
omit, insert-- 2
`a category 2 licensee'. 3
(3) Section 188, `the club'-- 4
omit, insert-- 5
`the licensee'. 6
(4) Section 188, penalty, `or 1 year's imprisonment'-- 7
omit. 8
of s 188A (Prohibition on control of gaming at clubs) 9
Replacement
Clause 141. Section 188A-- 10
omit, insert-- 11
on control of gaming at category 2 licensed premises 12
`Prohibition
`188A.(1) A person who is not an approved person for category 2 13
licensed premises must not-- 14
(a) have, or gain, control over the conduct of gaming at the premises; 15
or 16
(b) have, or gain, the ability to control the conduct of gaming at the 17
premises. 18
Maximum penalty--200 penalty units. 19
`(2) For subsection (1), a person has or gains control over, or has or 20
gains the ability to control, the conduct of gaming if the person-- 21
(a) has or gains the capacity to dominate, directly or indirectly, 22
decision-making about policies for the conduct of the gaming; or 23
(b) has or gains the capacity to enjoy the majority of the benefits, and 24
to be exposed to the majority of the risks, associated with the 25
conduct of the gaming. 26
`(3) In this section-- 27
"approved person", for category 2 licensed premises, means the secretary, 28
s 142 122 s 143
Gaming Machine and Other Legislation
Amendment (No. 2)
an executive officer, or a member, of the licensee of the premises 1
performing functions or exercising powers or rights as the secretary, 2
an executive officer or a member, of the licensee.'. 3
of s 191 (Approvals and authorities under this Act) 4
Amendment
Clause 142.(1) Section 191(3), penalty, `or 1 year's imprisonment'-- 5
omit. 6
(2) Section 191, penalty-- 7
omit, insert-- 8
`Maximum penalty for subsection (4)--200 penalty units.'. 9
of s 193 (Bribery of commissioners or officers of division) 10
Amendment
Clause 143.(1) Section 193, heading-- 11
omit, insert-- 12
`Bribery of gaming officials'. 13
(2) Section 193, `commissioner or officer of the division'-- 14
omit, insert-- 15
`gaming official'. 16
(3) Section 193, `the commissioner or officer'-- 17
omit, insert-- 18
`the official'. 19
(4) Section 193, `commissioner's or officer's'-- 20
omit, insert-- 21
`official's'. 22
(5) Section 193, `commission of an offence'-- 23
omit, insert-- 24
`commission of an offence against this Act'. 25
(6) Section 193(1)-- 26
s 144 123 s 144
Gaming Machine and Other Legislation
Amendment (No. 2)
insert-- 1
`Maximum penalty--400 penalty units or 2 years imprisonment.'. 2
(7) Section 193-- 3
insert-- 4
`(3) In this section-- 5
"gaming official" means-- 6
(a) a commissioner; or 7
(b) a departmental officer; or 8
(c) an inspector.'. 9
of s 194 (Financial connections and interests of officers of 10
Amendment
the division) 11
Clause 144.(1) Section 194, heading, `officers of the division'-- 12
omit, insert-- 13
`restricted officials'. 14
(2) Section 194(1), `An officer of the division--'-- 15
omit, insert-- 16
`A restricted official--'. 17
(3) Section 194(1), `a listed person or'-- 18
omit. 19
(4) Section 194(1)(c)-- 20
omit. 21
(5) Section 194-- 22
insert-- 23
`(1A) A person who was a restricted official must not, for 1 year after 24
ceasing to be a restricted official, without the chief executive's approval-- 25
(a) accept or solicit employment from a holder of a licence under this 26
Act; or 27
s 144 124 s 144
Gaming Machine and Other Legislation
Amendment (No. 2)
(b) be an employee in any capacity of a holder of a licence under this 1
Act; or 2
(c) knowingly have, directly or indirectly-- 3
(i) a business or financial association with a holder of a licence 4
under this Act; or 5
(ii) a business or financial interest in something together with or 6
a holder of a licence under this Act. 7
Maximum penalty--200 penalty units.'. 8
(6) Section 194(2), `A listed person or a holder'-- 9
omit, insert-- 10
`A holder'. 11
(7) Section 194(2), `an officer of the division'-- 12
omit, insert-- 13
`a restricted official'. 14
(8) Section 194(3), `An officer of the division'-- 15
omit, insert-- 16
`A restricted official'. 17
(9) Section 194(3), `a listed person,'-- 18
omit. 19
(10) Section 194(3), `become listed,'-- 20
omit, insert-- 21
`become'. 22
(11) Section 194(4), `an officer of the division'-- 23
omit, insert-- 24
`a restricted official'. 25
(12) Section 194(4)(a)-- 26
omit, insert-- 27
`(a) from being a financial member of a category 2 licensee, or having 28
s 145 125 s 147
Gaming Machine and Other Legislation
Amendment (No. 2)
another financial connection with a category 2 licensee of a kind 1
that members of the licensee generally have; or'. 2
(13) Section 194(4)(b), `a listed person or holder'-- 3
omit, insert-- 4
`a holder'. 5
(14) Section 194(5)-- 6
omit, insert-- 7
`(5) A restricted official must, immediately after applying for 8
membership of a category 2 licensee, or of a club that is an applicant for a 9
gaming machine licence, notify the chief executive of the making of the 10
application.'. 11
(15) Section 194(6), definition "officer of the division"-- 12
omit, insert-- 13
` "restricted official" includes a person who has ceased to be a restricted 14
official if less than 1 year has elapsed since the person ceased to be a 15
restricted official.'. 16
of s 197 (Forgery and like offences) 17
Amendment
Clause 145. Section 197(d), `an officer of the division'-- 18
omit, insert-- 19
`departmental officer'. 20
of s 204 (Protection of officers etc.) 21
Amendment
Clause 146. Section 204, `or any other officer of the division'-- 22
omit, insert-- 23
`, any departmental officer'. 24
of s 206 (Proceedings for offences) 25
Amendment
Clause 147.(1) Section 206(3), words before `may be prosecuted'-- 26
s 148 126 s 148
Gaming Machine and Other Legislation
Amendment (No. 2)
omit, insert-- 1
`(3) A serious offence'. 2
(2) Section 206 (4) and (7), `an offence' to `197'-- 3
omit, insert-- 4
`a serious offence'. 5
(3) Section 206-- 6
insert-- 7
`(8) In this section-- 8
"serious offence" means an offence against section 67, 99(1), 135(1) 9
or (2), 136(2) or (3), 140(2), 148A(1) or (2), 149(7A), 151(1) or (2), 10
152(1), (3) or (4), 153(1), 155(1) or (3), 177, 193, 196 or 197.'. 11
of s 209 (Forfeiture) 12
Replacement
Clause 148. Section 209-- 13
omit, insert-- 14
on order of court 15
`Forfeiture
`209.(1) On the conviction of a person for an offence against this Act, the 16
court may order the forfeiture to the State of-- 17
(a) anything used to commit the offence; or 18
(b) anything else the subject of the offence. 19
`(2) The court may make the order-- 20
(a) whether or not the thing has been seized; and 21
(b) if the thing has been seized--whether or not the thing has been 22
returned to its owner. 23
`(3) If a person charged with an offence against this Act is not convicted 24
of any offence, the court may order the forfeiture to the State of anything 25
that-- 26
(a) was found in the possession or under the control of the person; 27
and 28
s 149 127 s 150
Gaming Machine and Other Legislation
Amendment (No. 2)
(b) was seized under section 181(1)(f) or (3)(c); and 1
(c) was not returned to the person under section 182B. 2
`(4) The court may make any order to enforce a forfeiture under this 3
section it considers appropriate. 4
`(5) This section does not limit the court's powers under the Penalties 5
and Sentences Act 1992 or another law.'. 6
of s 211 (Evidentiary provisions) 7
Amendment
Clause 149.(1) Section 211(a), `other officer of the division'-- 8
omit, insert-- 9
`departmental officer'. 10
(2) Section 211(c), from `purports to be a copy' to `such evidence'-- 11
omit. 12
(3) Section 211(d)-- 13
omit, insert-- 14
`(d) a certificate purporting to be signed by the chief executive stating 15
that at a stated time, or during a stated period, a licence, approval, 16
authorisation or exemption was, or was not, in force under this 17
Act is evidence of the matter stated.'. 18
of s 212 (Disclosure of criminal history) 19
Amendment
Clause 150.(1) Section 212, `disclose' to `taken not to be convictions'-- 20
omit, insert-- 21
`disclose the person's criminal history'. 22
(2) Section 212, penalty, `or 1 year's imprisonment'-- 23
omit. 24
s 151 128 s 153
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 215 (Regulation making power) 1
Amendment
Clause 151.(1) Section 215(2)(a), `repairer's gaming nominee's'-- 2
omit, insert-- 3
`repairer's, gaming nominee's'. 4
(2) Section 215(2)(b), `listed persons or'-- 5
omit. 6
(3) Section 215(2)-- 7
insert-- 8
`(ka)establishing a float for use in financial transactions relating to 9
gaming and the conduct of gaming, and maintaining and using 10
the float; and'. 11
(4) Section 215(2)(m), `recognised manufacturer or supplier of gaming 12
machines'-- 13
omit, insert-- 14
`licensed major dealer'. 15
of new s 217A 16
Insertion
Clause 152. Part 10, after section 217-- 17
insert-- 18
and renumbering of Act 19
`Numbering
`217A. In the next reprint of this Act produced under the Reprints Act 20
1992, the provisions of this Act must be numbered and renumbered as 21
permitted by the Reprints Act 1992, section 43.'. 22
of s 223 (Definitions) 23
Amendment
Clause 153. Section 223, `this part--'-- 24
omit, insert-- 25
`this division--'. 26
s 154 129 s 154
Gaming Machine and Other Legislation
Amendment (No. 2)
of new pt 11, div 3 1
Insertion
Clause 154. Part 11, after section 232-- 2
insert-- 3
3--Provisions for Gaming Machine and Other Legislation 4
`Division
Amendment Act (No. 2) 1999 5
6
`Definitions
`233. In this division-- 7
"commencement day" means the day on which the provision in which the 8
term is used commences. 9
"listed manufacturer" means a person who, immediately before the 10
commencement day, was listed on the roll of recognised 11
manufacturers and suppliers of gaming machines maintained under 12
section 130 as in force immediately before the commencement day. 13
"listed supplier" means a person who, immediately before the 14
commencement day, was listed on the roll of recognised suppliers of 15
restricted components maintained under section 130 as in force 16
immediately before the commencement day. 17
of appeals by former listed persons 18
`Continuation
`234.(1) This section applies if-- 19
(a) before the commencement day, an appeal was made to the 20
Minister by a person against a decision of the commission under 21
section 134(1); and 22
(b) the appeal was not finally decided before the commencement day. 23
`(2) This section also applies if, immediately before the commencement 24
day, a right of appeal existed for a decision of the commission made under 25
section 134(1). 26
`(3) This section applies despite the amendment of this Act by the 27
Gaming Machine and Other Legislation Amendment Act (No. 2) 1999. 28
`(4) If this section applies because of subsection (1), the appeal may be 29
s 154 130 s 154
Gaming Machine and Other Legislation
Amendment (No. 2)
continued and decided under this Act as in force immediately before the 1
commencement day. 2
`(5) If this section applies because of subsection (2), the right of appeal 3
may be exercised, within the time allowed under section 24 for starting 4
appeals, and an appeal resulting from the exercise of the right may be dealt 5
with and decided, under this Act as in force immediately before the 6
commencement day. 7
inspectors 8
`Existing
`235. A person who, immediately before the commencement day, was 9
an inspector continues as an inspector on and from the commencement day. 10
additional employees 11
`Existing
`236.(1) This section applies to a person who, immediately before the 12
commencement day, was a person to whom section 27 applied. 13
`(2) From the commencement day-- 14
(a) the person continues to be employed under this Act; and 15
(b) the terms that apply to the person for the person's employment 16
are the same terms that applied to the person immediately before 17
the commencement day. 18
listed manufacturers taken to be licensed major dealers 19
`Certain
`237.(1) This section applies to a listed manufacturer if-- 20
(a) before the commencement day, the chief executive approved a 21
gaming machine type or game under section 146 submitted to the 22
chief executive for evaluation by the listed manufacturer; and 23
(b) the approval was in force immediately before the commencement 24
day. 25
`(2) On the commencement day, the listed manufacturer is taken to be a 26
licensed major dealer. 27
s 154 131 s 154
Gaming Machine and Other Legislation
Amendment (No. 2)
`(3) On, or as soon as practicable after the commencement day, the chief 1
executive must issue a major dealer's licence to the listed manufacturer. 2
suppliers taken to be licensed secondary dealers 3
`Listed
`238.(1) On the commencement day, a listed supplier is taken to be a 4
licensed secondary dealer. 5
`(2) On, or as soon as practicable after the commencement day, the chief 6
executive must issue a secondary dealer's licence to a listed supplier. 7
decisions resulting in persons taken to be licensed dealers 8
`Appeal
`239.(1) This section applies if, on an appeal to which section 234 9
applies, the Minister directs that the decision appealed against (the "original 10
decision") be set aside. 11
`(2) If the original decision was a decision relating to the removal of the 12
name of a person from the roll of recognised manufacturers and suppliers 13
of gaming machines-- 14
(a) on the direction being given, the person is taken to be a licensed 15
major dealer; and 16
(b) as soon as practicable after the direction is given, the chief 17
executive must issue a major dealer's licence to the person. 18
`(3) If the original decision was a decision relating to the removal of the 19
name of a person from the roll of recognised suppliers of restricted 20
components-- 21
(a) on the direction being given, the person is taken to be a licensed 22
secondary dealer; and 23
(b) as soon as practicable after the direction is given, the chief 24
executive must issue a secondary dealer's licence to the person. 25
of directions prohibiting the playing of gaming 26
`Continuation
machines 27
`240. A direction given to a person under section 187 before the 28
commencement of this section and in force immediately before the 29
s 155 132 s 157
Gaming Machine and Other Legislation
Amendment (No. 2)
commencement continues to have effect in relation to the person, after the 1
commencement, as if the direction were given to the person under 2
section 187 as in force immediately after the commencement.'. 3
amendments--omitting imprisonment and retaining number 4
Penalty
of penalty units at 200 5
Clause 155.(1) The relevant provisions, penalties, `or 1 year's imprisonment'-- 6
omit. 7
(2) In subsection (1)-- 8
"relevant provisions" means sections 48, 60(3), 72ZF(1), 72ZY(1), 73(1) 9
and (2), 75A(1) and (2), 76(3), (5) and (6), 76A(3), (5) and (6), 103, 10
106(1), 114, 147(2), 150(5), 154, 185(1), 186(1) and 189(1). 11
amendments--omitting imprisonment and reducing number 12
Penalty
of penalty units from 200 to 100 13
Clause 156. Sections 42(1) and (2), 59(2), 72J(2), 72K(2), 72ZT(1), 72ZU(2), 14
78(1) and (2), 89(2), 98A(1) and 141D(1), penalties-- 15
omit, insert-- 16
`Maximum penalty--100 penalty units.'. 17
amendments--omitting imprisonment and reducing number 18
Penalty
of penalty units from 200 to 40 19
Clause 157. Sections 61, 72ZP(3), 72ZV(2), 91 and 94(15), penalties-- 20
omit, insert-- 21
`Maximum penalty--40 penalty units.'. 22
s 158 133 s 161
Gaming Machine and Other Legislation
Amendment (No. 2)
PART 3--AMENDMENT OF CASINO CONTROL 1
ACT 1982 2
amended in pt 3 3
Act
Clause 158. This part amends the Casino Control Act 1982. 4
of s 4 (Interpretation) 5
Amendment
Clause 159. Section 4(1)-- 6
insert-- 7
` "approved evaluator" means an entity declared under a regulation to be 8
an approved evaluator.'. 9
of new s 14A 10
Insertion
Clause 160. After section 14-- 11
insert-- 12
evaluators 13
`Approved
`14A. The Governor in Council may, under a regulation, declare an entity 14
to be an approved evaluator for evaluating gaming equipment.'. 15
of s 44 (Cancellation or suspension of licence) 16
Amendment
Clause 161.(1) Section 44(1)-- 17
insert-- 18
`(aa) if the holder contravenes a provision of this Act (being a 19
provision a contravention of which is not an offence against this 20
Act);'. 21
(2) Section 44(1)-- 22
insert-- 23
`(ca) if the holder acts in a way that is inappropriate for a casino's 24
operations;'. 25
s 162 134 s 162
Gaming Machine and Other Legislation
Amendment (No. 2)
(3) Section 44-- 1
insert-- 2
`(1A) For subsection (1)(ca), the holder of a casino key employee licence 3
or casino employee licence acts in a way that is inappropriate for a casino's 4
operations if the licensee does, or omits to do, an act that results in-- 5
(a) the operation of the casino at which the licensee is employed not 6
being conducted in accordance with the system of internal 7
controls and administrative and accounting procedures approved 8
by the chief executive under section 7335 for the casino's 9
operation; and 10
(b) the integrity of the casino's operations being jeopardised.'. 11
of s 62 (Gaming equipment and chips) 12
Amendment
Clause 162.(1) Section 62(3), words before paragraph (a)-- 13
omit, insert-- 14
`(3) A person must not possess, maintain or exhibit any gaming 15
equipment in the area of a casino used for the conduct and playing of games 16
(a "casino's gaming area"), or bring into or remove from a casino's 17
gaming area any gaming equipment, unless the equipment--'. 18
(2) Section 62(3), `the casino'-- 19
omit, insert-- 20
`the casino's gaming area'. 21
(3) Section 62(3AA)-- 22
omit. 23
35 Section 73 (System of controls and procedures)
s 163 135 s 165
Gaming Machine and Other Legislation
Amendment (No. 2)
ART 4--AMENDMENT OF CHARITABLE AND 1
P
NON-PROFIT GAMING ACT 1999 2
amended in pt 4 3
Act
Clause 163. This part amends the Charitable and Non-Profit Gaming Act 1999. 4
of s 10 (Meaning of "eligible association") 5
Amendment
Clause 164.(1) Section 10(1)(a), `educational, patriotic, religious'-- 6
omit, insert-- 7
`patriotic'. 8
(2) Section 10(1)-- 9
insert-- 10
`(aa) an association formed and operated principally for an educational 11
or religious purpose; or'. 12
(3) Section 10(1)-- 13
insert-- 14
`(d) another association prescribed under a regulation.'. 15
of s 99 (Evaluating equipment) 16
Replacement
Clause 165. Section 99-- 17
omit, insert-- 18
equipment 19
`Evaluating
`99.(1) If, for deciding the application, the chief executive considers it is 20
necessary for the equipment, or the equipment as proposed to be modified, 21
to be evaluated, the chief executive must-- 22
(a) carry out the evaluation; or 23
(b) direct the applicant-- 24
(i) to arrange to have the equipment evaluated by an approved 25
s 166 136 s 167
Gaming Machine and Other Legislation
Amendment (No. 2)
evaluator; and 1
(ii) to give the chief executive a written report of the evaluation. 2
`(2) If the chief executive carries out an evaluation of the equipment-- 3
(a) the applicant must pay the fee prescribed under a regulation for 4
the evaluation to the chief executive; and 5
(b) if an amount of the fee is not paid by the applicant, the State may 6
recover the amount from the applicant as a debt.'. 7
of s 100 (Deciding application) 8
Amendment
Clause 166.(1) Section 100(1), `and carrying out any evaluation under 9
section 99'-- 10
omit. 11
(2) Section 100(3)-- 12
omit, insert-- 13
`(3) The chief executive may refuse to approve the equipment or 14
modification if-- 15
(a) the fee payable for an evaluation carried out by the chief executive 16
is not paid; or 17
(b) the applicant fails to comply with a direction of the chief executive 18
under section 99(1)(b). 19
`(4) If the chief executive gives an approval, the chief executive must 20
immediately give the applicant written notice of the decision. 21
`(5) If the chief executive refuses to give an approval, the chief executive 22
must immediately give the applicant an information notice for the 23
decision.'. 24
of new s 100A 25
Insertion
Clause 167. Part 5, division 9, after section 100-- 26
insert-- 27
s 168 137 s 171
Gaming Machine and Other Legislation
Amendment (No. 2)
evaluators 1
`Approved
`100A. The Governor in Council may, under a regulation, declare an 2
entity to be an approved evaluator for evaluating regulated general gaming 3
equipment.'. 4
of s 174 (Appeals) 5
Amendment
Clause 168. Section 174(1)-- 6
insert-- 7
`(h) refusing to approve regulated general gaming equipment; or 8
(i) refusing to approve a modification of regulated general gaming 9
equipment.'. 10
of sch 2 (Dictionary) 11
Amendment
Clause 169. Schedule 2-- 12
insert-- 13
` "approved evaluator" means an entity declared under a regulation to be 14
an approved evaluator.'. 15
ART 5--AMENDMENT OF INTERACTIVE 16
P
GAMBLING (PLAYER PROTECTION) ACT 1998 17
amended in pt 5 18
Act
Clause 170. This part amends the Interactive Gambling (Player Protection) 19
Act 1998. 20
of s 18 (Procedure for registration) 21
Amendment
Clause 171.(1) Section 18(1), `An authorised provider'-- 22
omit, insert-- 23
s 172 138 s 172
Gaming Machine and Other Legislation
Amendment (No. 2)
`A licensed provider'. 1
(2) Section 18(3)-- 2
omit, insert-- 3
`(3) A person may be registered as an unrestricted or restricted player. 4
`(4) A person who is registered as a restricted player may subsequently 5
be registered as an unrestricted player. 6
`(5) If a person registered as a restricted player is subsequently registered 7
as an unrestricted player, the person's registration as a restricted player is 8
cancelled. 9
`(6) Unless sooner cancelled under subsection (5), a person's registration 10
as a restricted player ceases to have effect at the end of-- 11
(a) the period prescribed under a regulation; or 12
(b) if the chief executive extends the period--the period as 13
extended.'. 14
of s 19 (Verification of player's identity) 15
Replacement
Clause 172. Section 19-- 16
omit, insert-- 17
for registration 18
`Restrictions
`19.(1) A licensed provider, or an agent of a licensed provider, must not 19
register a person as an unrestricted player unless-- 20
(a) the person's identity has been authenticated under the licensed 21
provider's approved control system; and 22
(b) the person's place of residence has been verified under the 23
licensed provider's approved control system; and 24
(c) the person's age has been verified under the licensed provider's 25
approved control system to be at least 18. 26
Maximum penalty--200 penalty units. 27
`(2) A licensed provider, or an agent of a licensed provider, must not 28
register a person as a restricted player unless-- 29
s 173 139 s 173
Gaming Machine and Other Legislation
Amendment (No. 2)
(a) the registration is carried out in accordance with the licensed 1
provider's approved control system; and 2
(b) the licensed provider has informed the person in writing of the 3
effect of sections 20(4), 20A and 22A. 4
Maximum penalty--200 penalty units.'. 5
of s 20 (Player's account) 6
Amendment
Clause 173. Section 20(2)-- 7
omit, insert-- 8
`(2) A player's account must be established on the basis mentioned in 9
this section. 10
`(3) A player's account must be established on a basis under which, 11
while the player is an unrestricted player, the player may only have direct 12
recourse to the funds in the account-- 13
(a) to obtain the balance of funds in the account and close the 14
account; or 15
(b) to obtain the whole or part of the amount paid into the account as 16
a prize in an authorised game; or 17
(c) as authorised by the licensed provider or chief executive. 18
`(4) Also, a player's account must be established on a basis under which, 19
while the player is a restricted player, the player may not-- 20
(a) have recourse to funds in the account to obtain the whole or part 21
of the balance of the funds in the account; or 22
(b) close the account if there is a balance standing to the credit of the 23
account. 24
`(5) Subsection (4) applies whether the balance-- 25
(a) consists of amounts deposited into the account by the player 26
("deposited amounts"); or 27
s 174 140 s 175
Gaming Machine and Other Legislation
Amendment (No. 2)
(b) consists of amounts paid into the account as prizes in authorised 1
games ("winnings"); or 2
(c) consists partly of deposited amounts and partly of winnings.'. 3
of new s 20A 4
Insertion
Clause 174. After section 20-- 5
insert-- 6
on deposits for player's account 7
`Restrictions
`20A. A licensed provider must not, for the player's account of a 8
restricted player, permit the player-- 9
(a) to make a deposit that is more than the amount prescribed under a 10
regulation (the "fixed amount"); or 11
(b) in a period prescribed under a regulation, to make deposits 12
totalling more than the fixed amount. 13
Maximum penalty--200 penalty units.'. 14
of new s 22A 15
Insertion
Clause 175. Part 2, division 3, after section 22-- 16
insert-- 17
for account balances for restricted players 18
`Accounting
`22A.(1) This section applies if-- 19
(a) a person's registration as a restricted player ceases to have effect 20
because of section 18(6); and 21
(b) when the registration ceases to have effect, an amount 22
(the "account balance") is standing to the credit of a player's 23
account established in the name of the person. 24
`(2) The licensed provider must pay the account balance to the chief 25
executive. 26
`(3) If an amount of the account balance is not paid by the licensed 27
provider, the State may recover the amount from the provider as a debt.'. 28
s 176 141 s 177
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 132 (Funds in player's account to be remitted on 1
Amendment
demand) 2
Clause 176. Section 132, `the registered player'-- 3
omit, insert-- 4
`an unrestricted player'. 5
of s 134 (Licensed providers limited recourse to players 6
Amendment
accounts) 7
Clause 177.(1) Section 134(b) and (c)-- 8
omit, insert-- 9
`(b) to debit to the account amounts authorised under this section to be 10
debited to the account; 11
(c) for an unrestricted player--to remit funds standing to the credit of 12
the account to the player at the player's request; 13
(d) as otherwise authorised under this Act.'. 14
(2) Section 134-- 15
insert-- 16
`(2) The licensed provider may debit an amount to the account for-- 17
(a) fees, charges or expenses necessarily incurred by the licensed 18
provider on transactions made on the account; and 19
(b) services supplied by the licensed provider to the player at the 20
player's request that are additional to the services generally 21
supplied by the licensed provider to players. 22
`(3) However, the licensed provider may debit an amount to the account 23
for a matter mentioned in subsection (2) only if the matter is a matter for 24
which-- 25
(a) the player has agreed in writing debits may be made to the 26
account; and 27
(b) provision for debiting players' accounts is made in the licensed 28
provider's approved control system. 29
s 178 142 s 180
Gaming Machine and Other Legislation
Amendment (No. 2)
`(4) Despite subsection (2)(a), the licensed provider may not debit an 1
amount to the account for fees payable for maintaining the account.'. 2
of s 137 (Prohibition of interactive gambling) 3
Amendment
Clause 178. Section 137(1)(a), `resident in Queensland'-- 4
omit, insert-- 5
`a registered player'. 6
of pt 7, div 13, hdg 7
Amendment
Clause 179. Part 7, division 13, heading-- 8
omit, insert-- 9
`Division 13--Interrupted and aborted games'. 10
of new s 159A 11
Insertion
Clause 180. Part 7, division 13, before section 160-- 12
insert-- 13
games 14
`Interrupted
`159A.(1) This section applies if, after making a wager in an authorised 15
game conducted by a licensed provider, a player's participation in the game 16
is interrupted by a failure of an operating or telecommunication system that 17
prevents the player from continuing with the game. 18
`(2) The licensed provider must-- 19
(a) inform the player the game (the "interrupted game") has not 20
been finished; and 21
(b) at any time after operation of the operating or telecommunication 22
system is restored and before the period (the "game completion 23
period") prescribed under a regulation ends, allow the player to 24
continue with the game. 25
`(3) Also, the licensed provider must not allow the player-- 26
s 181 143 s 182
Gaming Machine and Other Legislation
Amendment (No. 2)
(a) to continue with the interrupted game after the end of the game 1
completion period; or 2
(b) to participate in another authorised game conducted by the 3
provider until the earlier of the following-- 4
(i) the interrupted game is finished; 5
(ii) the game completion period for the interrupted game ends. 6
`(4) If the interrupted game is not finished in the game completion 7
period, the licensed provider must pay the amount of the wager for the 8
game to the chief executive. 9
`(5) If an amount of the wager is not paid by the licensed provider to the 10
chief executive as required under subsection (4), the State may recover the 11
amount form the provider as a debt.'. 12
of s 160 (Aborted games) 13
Amendment
Clause 181. Section 160(1)-- 14
omit. 15
of s 162 (Approval of regulated interactive gambling 16
Amendment
equipment) 17
Clause 182. Section 162(2) to (5)-- 18
omit, insert-- 19
`(2) The chief executive must consider the application and if, for deciding 20
the application, the chief executive considers it is necessary for the 21
equipment, or the equipment as proposed to be modified, to be evaluated, 22
the chief executive must-- 23
(a) carry out the evaluation; or 24
(b) direct the licensed provider-- 25
(i) to arrange to have the equipment evaluated by an approved 26
evaluator; and 27
(ii) to give the chief executive a written report of the evaluation. 28
s 183 144 s 183
Gaming Machine and Other Legislation
Amendment (No. 2)
`(3) If the chief executive carries out an evaluation of the equipment-- 1
(a) the licensed provider must pay the fee prescribed under a 2
regulation for the evaluation to the chief executive; and 3
(b) if an amount of the fee is not paid by the licensed provider, the 4
State may recover the amount from the licensed provider as a 5
debt. 6
`(4) The chief executive may refuse to give an approval if-- 7
(a) the fee payable for an evaluation carried out by the chief executive 8
is not paid; or 9
(b) the licensed provider fails to comply with a direction of the chief 10
executive under subsection (2)(b). 11
`(5) If the chief executive gives an approval, the chief executive must 12
immediately give the licensed provider written notice of the decision. 13
`(6) If the chief executive refuses to give an approval, the chief executive 14
must immediately give the licensed provider an information notice for the 15
decision.'. 16
of new s 163A 17
Insertion
Clause 183. Part 7, division 14, after section 163-- 18
insert-- 19
evaluators 20
`Approved
`163A. The Governor in Council may, under a regulation, declare an 21
entity to be an approved entity for evaluating regulated interactive gambling 22
equipment.'. 23
s 184 145 s 187
Gaming Machine and Other Legislation
Amendment (No. 2)
of sch 2 (Decisions of chief executive subject to appeal) 1
Amendment
Clause 184. Schedule 2, part 1-- 2
insert-- 3
`162 Refusing to approve regulated
interactive gambling equipment
162 Refusing to approve a modification
of regulated interactive gambling
equipment'.
of sch 3 (Dictionary) 4
Amendment
Clause 185. Schedule 3-- 5
insert-- 6
` "approved evaluator" means an entity declared under a regulation to be 7
an approved evaluator.'. 8
of sch 3 (Dictionary) 9
Amendment
Clause 186. Schedule 3-- 10
insert-- 11
` "restricted player" means a person registered by a licensed provider, or 12
an agent of a licensed provider, as a restricted player. 13
"unrestricted player" means a person registered by a licensed provider, or 14
an agent of a licensed provider, as an unrestricted player.'. 15
PART 6--AMENDMENT OF KENO ACT 1996 16
amended in pt 6 17
Act
Clause 187. This part amends the Keno Act 1996. 18
s 188 146 s 189
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 145 (Approval of regulated keno equipment) 1
Amendment
Clause 188. Section 145(2) to (5)-- 2
omit, insert-- 3
`(2) The chief executive must consider the application and if, for deciding 4
the application, the chief executive considers it is necessary for the 5
equipment, or the equipment as proposed to be modified, to be evaluated, 6
the chief executive must-- 7
(a) carry out the evaluation; or 8
(b) direct the keno licensee-- 9
(i) to arrange to have the equipment evaluated by an approved 10
evaluator; and 11
(ii) to give the chief executive a written report of the evaluation. 12
`(3) If the chief executive carries out an evaluation of the equipment-- 13
(a) the keno licensee must pay the fee prescribed under a regulation 14
for the evaluation to the chief executive; and 15
(b) if an amount of the fee is not paid by the keno licensee, the State 16
may recover the amount from the keno licensee as a debt. 17
`(4) The chief executive may refuse to give an approval if-- 18
(a) the fee payable for an evaluation carried out by the chief executive 19
is not paid; or 20
(b) the keno licensee fails to comply with a direction of the chief 21
executive under subsection (2)(b). 22
`(5) If the chief executive gives an approval, the chief executive must 23
immediately give the keno licensee written notice of the decision. 24
`(6) If the chief executive refuses to give an approval, the chief executive 25
must immediately give the keno licensee an information notice for the 26
decision.'. 27
of new s 146A 28
Insertion
Clause 189. After section 146-- 29
s 190 147 s 191
Gaming Machine and Other Legislation
Amendment (No. 2)
insert-- 1
evaluators 2
`Approved
`146A. The Governor in Council may, under a regulation, declare an 3
entity to be an approved evaluator for evaluating regulated keno 4
equipment.'. 5
of s 234 (Court to which appeal may be made) 6
Omission
Clause 190. Section 234-- 7
omit. 8
of new s 237A 9
Insertion
Clause 191. After section 237-- 10
insert-- 11
to gather evidence 12
`Power
`237A.(1) The Gaming Commission may, by written notice signed by 13
the registrar, require a person-- 14
(a) to give written answers to questions, or produce a document, 15
stated in the notice for an appeal mentioned in the notice; or 16
(b) to appear before the commission at a stated time and place to 17
answer questions, or produce a stated document, relating to an 18
appeal mentioned in the notice. 19
`(2) The answers to questions given in response to a notice under 20
subsection (1)(a) must, if the notice so requires, be verified by statutory 21
declaration. 22
`(3) A person must not, without reasonable excuse-- 23
(a) fail to comply with a requirement of a notice under this section; or 24
(b) if appearing for examination before the Gaming Commission-- 25
(i) fail to take an oath or make an affirmation when required to 26
do so by a member of the commission or the registrar; or 27
(ii) fail to answer a question relevant to the subject of the appeal 28
s 192 148 s 192
Gaming Machine and Other Legislation
Amendment (No. 2)
to the best of the person's knowledge, information or belief; 1
or 2
(iii) fail to produce a document the person is required to produce 3
under subsection (1)(b). 4
Maximum penalty--40 penalty units. 5
`(4) A member of the Gaming Commission may administer an oath or 6
affirmation to a person appearing before the commission for examination. 7
`(5) It is a reasonable excuse for a person to fail to comply with a 8
requirement to answer a question or produce a document if complying with 9
the requirement might tend to incriminate the person.'. 10
of new pt 13 11
Insertion
Clause 192. After section 243-- 12
insert-- 13
`PART 13--TRANSITIONAL PROVISION FOR 14
GAMING MACHINE AND OTHER LEGISLATION 15
AMENDMENT ACT (No. 2) 1999 16
of appeals 17
`Continuation
`244.(1) This section applies if-- 18
(a) an appeal to a Magistrates Court was started under this Act before 19
the commencement of this section; and 20
(b) the appeal was not finally decided before the commencement. 21
`(2) This section applies despite the amendment of this Act by the 22
Gaming Machine and Other Legislation Amendment Act (No. 2) 1999. 23
`(3) The appeal may be continued and decided under this Act as in force 24
immediately before the commencement of this section.'. 25
s 193 149 s 196
Gaming Machine and Other Legislation
Amendment (No. 2)
of sch 2 (Decisions of chief executive subject to appeal) 1
Amendment
Clause 193. Schedule 2, part 1-- 2
insert-- 3
`145 Refusing to approve regulated keno
equipment
145 Refusing to approve a modification
of regulated keno equipment'.
of sch 4 (Dictionary) 4
Amendment
Clause 194. Schedule 4-- 5
insert-- 6
` "approved evaluator" means an entity declared under a regulation to be 7
an approved evaluator.'. 8
PART 7--AMENDMENT OF LOTTERIES ACT 1997 9
amended in pt 7 10
Act
Clause 195. This part amends the Lotteries Act 1997. 11
of s 129 (Claims for prizes) 12
Amendment
Clause 196.(1) Section 129(3)(b)-- 13
omit, insert-- 14
`(b) the end of the period after the closure of the lottery in which the 15
prize is won that is the reference period for the approved lottery.'. 16
(2) Section 129-- 17
insert-- 18
`(5) In this section-- 19
s 197 150 s 197
Gaming Machine and Other Legislation
Amendment (No. 2)
"reference period", for an approved lottery, means-- 1
(a) if the approved lottery is prescribed under a regulation as a 2
designated lottery for this section--3 years; or 3
(b) if paragraph (a) does not apply--7 years.'. 4
of s 133 (Approval of regulated lottery equipment) 5
Amendment
Clause 197. Section 133(2) to (5)-- 6
omit, insert-- 7
`(2) The chief executive must consider the application and if, for deciding 8
the application, the chief executive considers it is necessary for the 9
equipment, or the equipment as proposed to be modified, to be evaluated 10
the chief executive must-- 11
(a) carry out the evaluation; or 12
(b) direct the lottery licensee-- 13
(i) to arrange to have the equipment evaluated by an approved 14
evaluator; and 15
(ii) to give the chief executive a written report of the evaluation. 16
`(3) If the chief executive carries out an evaluation of the equipment-- 17
(a) the lottery licensee must pay the fee prescribed under a regulation 18
for the evaluation to the chief executive; and 19
(b) if an amount of the fee is not paid by the lottery licensee, the State 20
may recover the amount from the lottery licensee as a debt. 21
`(4) The chief executive may refuse to given an approval if-- 22
(a) the fee payable for an evaluation carried out by the chief executive 23
is not paid; or 24
(b) the lottery licensee fails to comply with a direction of the chief 25
executive under subsection (2)(b). 26
`(5) If the chief executive gives an approval, the chief executive must 27
immediately give the lottery licensee written notice of the decision. 28
`(6) If the chief executive refuses to give an approval, the chief executive 29
s 198 151 s 200
Gaming Machine and Other Legislation
Amendment (No. 2)
must immediately give the lottery licensee an information notice for the 1
decision.'. 2
of new s 134A 3
Insertion
Clause 198. After section 134-- 4
insert-- 5
evaluators 6
`Approved
`134A. The Governor in Council may, under a regulation, declare an 7
entity to be an approved entity for evaluating regulated lottery equipment.'. 8
of s 219 (Court to which appeal may be made) 9
Omission
Clause 199. Section 219-- 10
omit. 11
of new s 222A 12
Insertion
Clause 200. After section 222-- 13
insert-- 14
to gather evidence 15
`Power
`222A.(1) The Gaming Commission may, by written notice signed by 16
the registrar, require a person-- 17
(a) to give written answers to questions, or produce a document, 18
stated in the notice for an appeal mentioned in the notice; or 19
(b) to appear before the commission at a stated time and place to 20
answer questions, or produce a stated document, relating to an 21
appeal mentioned in the notice. 22
`(2) The answers to questions given in response to a notice under 23
subsection (1)(a) must, if the notice so requires, be verified by statutory 24
declaration. 25
`(3) A person must not, without reasonable excuse-- 26
s 201 152 s 201
Gaming Machine and Other Legislation
Amendment (No. 2)
(a) fail to comply with a requirement of a notice under this section; or 1
(b) if appearing for examination before the Gaming Commission-- 2
(i) fail to take an oath or make an affirmation when required to 3
do so by a member of the commission or the registrar; or 4
(ii) fail to answer a question relevant to the subject of the appeal 5
to the best of the person's knowledge, information or belief; 6
or 7
(iii) fail to produce a document the person is required to produce 8
under subsection (1)(b). 9
Maximum penalty--40 penalty units. 10
`(4) A member of the Gaming Commission may administer an oath or 11
affirmation to a person appearing before the commission for examination. 12
`(5) It is a reasonable excuse for a person to fail to comply with a 13
requirement to answer a question or produce a document if complying with 14
the requirement might tend to incriminate the person.'. 15
of new pt 12, div 3 16
Insertion
Clause 201. After section 246-- 17
insert-- 18
3--Transitional provision for Gaming Machine and Other 19
`Division
Legislation Amendment Act (No. 2) 1999 20
of appeals 21
`Continuation
`247.(1) This section applies if-- 22
(a) an appeal to a Magistrates Court was started under this Act before 23
the commencement of this section; and 24
(b) the appeal was not finally decided before the commencement. 25
`(2) This section applies despite the amendment of this Act by the 26
Gaming Machine and Other Legislation Amendment Act (No. 2) 1999. 27
s 202 153 s 205
Gaming Machine and Other Legislation
Amendment (No. 2)
`(3) The appeal may be continued and decided under this Act as in force 1
immediately before the commencement of this section.'. 2
of sch 2 (Decisions of chief executive subject to appeal) 3
Amendment
Clause 202. Schedule 2, part 1-- 4
insert-- 5
`133 Refusing to approve regulated
lottery equipment
133 Refusing to approve a modification
of regulated lottery equipment'.
of sch 3 (Dictionary) 6
Amendment
Clause 203. Schedule 3-- 7
insert-- 8
` "approved evaluator" means an entity declared under a regulation to be 9
an approved evaluator.'. 10
ART 8--AMENDMENT OF WAGERING ACT 1998 11
P
amended in pt 8 12
Act
Clause 204. This part amends the Wagering Act 1998. 13
of s 208 (Approval of regulated wagering equipment) 14
Amendment
Clause 205. Section 208(3) to (5)-- 15
omit, insert-- 16
`(3) The chief executive must consider the application and if, for deciding 17
the application, the chief executive considers it is necessary for the 18
equipment, or the equipment as proposed to be modified, to be evaluated, 19
s 206 154 s 206
Gaming Machine and Other Legislation
Amendment (No. 2)
the chief executive must-- 1
(a) carry out the evaluation; or 2
(b) direct the authority operator-- 3
(i) to arrange to have the equipment evaluated by an approved 4
evaluator; and 5
(ii) to give the chief executive a written report of the evaluation. 6
`(4) If the chief executive carries out an evaluation of the equipment-- 7
(a) the authority operator must pay the fee prescribed under a 8
regulation for the evaluation to the chief executive; and 9
(b) if an amount of the fee is not paid by the authority operator, the 10
State may recover the amount from the authority operator as a 11
debt. 12
`(5) The chief executive may refuse to give an approval if-- 13
(a) the fee payable for an evaluation carried out by the chief executive 14
is not paid; or 15
(b) the authority operator fails to comply with a direction of the chief 16
executive under subsection (3)(b). 17
`(6) If the chief executive gives an approval, the chief executive must 18
immediately give the authority operator written notice of the decision. 19
`(7) If the chief executive refuses to give an approval, the chief executive 20
must immediately give the authority operator an information notice for the 21
decision.'. 22
of new s 208A 23
Insertion
Clause 206. After section 208-- 24
insert-- 25
evaluators 26
`Approved
`208A. The Governor in Council may, under a regulation, declare an 27
entity to be an approved entity for evaluating regulated wagering 28
equipment.'. 29
s 207 155 s 209
Gaming Machine and Other Legislation
Amendment (No. 2)
of s 228 (Employment of minors prohibited) 1
Amendment
Clause 207. Section 228-- 2
insert-- 3
`(2) Subsection (1) does not apply to a general operator, in relation to the 4
employment of a minor, if-- 5
(a) the general operator is-- 6
(i) a designated wagering manager; or 7
(ii) a wagering agent of a designated wagering manager; and 8
(b) the general operator employs the minor for a purpose relating to 9
the conduct of the game the operations for which the designated 10
wagering manager is appointed as wagering manager. 11
`(3) In this section-- 12
"designated wagering manager" means a wagering manager appointed 13
by a wagering licensee to manage the operations relating to the game 14
`Sports Tipping' conducted under the licensee's wagering licence.'. 15
of s 291 (Appeals by authority operators) 16
Amendment
Clause 208. Section 291, at the end-- 17
insert-- 18
`· a decision under section 20836 refusing to approve regulated 19
wagering equipment 20
· a decision under section 208 refusing to approve a modification 21
of regulated wagering equipment.'. 22
of sch 2 (Dictionary) 23
Amendment
Clause 209. Schedule 2-- 24
insert-- 25
36 Section 208 (Approval of regulated wagering equipment)
s 210 156 s 210
Gaming Machine and Other Legislation
Amendment (No. 2)
` "approved evaluator" means an entity declared under a regulation to be 1
an approved evaluator.'. 2
PART 9--OTHER AMENDMENTS OF GAMING 3
ACTS 4
amended in sch 2 5
Acts
Clause 210. Schedule 2 amends the Gaming Acts mentioned in it. 6
7
157
Gaming Machine and Other Legislation
Amendment (No. 2)
CHEDULE 1 1
¡S
MINOR AMENDMENTS OF GAMING MACHINE 2
ACT 1991 3
section 3 4
1.(1) The relevant provisions, `licensed operator'-- 5
omit, insert-- 6
`licensed monitoring operator'. 7
(2) In subsection (1)-- 8
"relevant provisions" means-- 9
(a) section 3, definitions "basic monitoring services", "control 10
system", "directly interested person", "excluded interested 11
person", "indirectly interested person", "interested person", 12
"monitoring operations", "monitoring record", "monthly 13
taxable metered win", "parent entity" and "promotions"; and 14
(b) section 77(8), definitions "employment notice", paragraph (b); 15
and 16
(c) section 148A(4), definition "acquirer"; and 17
(d) sections 51(7), 57B(6)(a)(ii), 62(6) and (7)(a)(ii), 68A(4)(a), 18
72ZRA, 72ZX, 72ZY, 72ZZ, 72ZZA, 72ZZD, 72ZZE, 72ZZI, 19
72ZZJ(1), 72ZZK, 72ZZL, 72ZZM, 72ZZS, 72ZZT, 75A(2), 20
76A, 77(4)(g), 92, 101A, 141A(2), 141C(1) and (2), 141D(1), 21
142A, 186(2A) and (2B) and 189(6). 22
2. Sections 25A(1), 72H(1), 72I(1), 72J(1), 72K(1), 72L, 72P, 72ZQ, 23
72ZR and 72ZZR(1), `an operator's licence'-- 24
omit, insert-- 25
`a supplier's licence'. 26
158
Gaming Machine and Other Legislation
Amendment (No. 2)
SCHEDULE 1 (continued)
3. Sections 25A(2), 72U, 72V, 72ZK(2), 72ZL, 72ZM, 72ZN(1), 1
72ZQ(3)(a) and (4), 72ZR(a), 72ZT, 72ZU, 72ZV and 72ZZR(1) and 2
(2), `licensed operator'-- 3
omit, insert-- 4
`licensed supplier'. 5
4. Section 25A(4)-- 6
omit. 7
5. Part 3A, divisions 3 and 6, heading, `monitoring operators' 8
licences'-- 9
omit, insert-- 10
`suppliers' licences'. 11
6. Section 72H(3)(c)-- 12
omit. 13
7. Section 72P(7), `issue the licence'-- 14
omit, insert-- 15
`issue the appropriate supplier's licence'. 16
8. Section 72R(1), `An operator's licence'-- 17
omit, insert-- 18
`A supplier's licence'. 19
9. Part 3A, division 4, heading, `operators' licences'-- 20
omit, insert-- 21
`suppliers' licences'. 22
159
Gaming Machine and Other Legislation
Amendment (No. 2)
SCHEDULE 1 (continued)
10. Sections 72U, 72V(1), 72ZK(1), 72ZL, 72ZM(1)(a), 72ZN(2), 1
72ZZR(4), `operator's licence'-- 2
omit, insert-- 3
`supplier's licence'. 4
11. Sections 72U(1), 72ZL(3), 72ZM(3)(a) and (5)(b), 72ZQ(3)(b), 5
72ZT(2), 72ZU(1)(b) and (c) and 72ZV(1), `the operator'-- 6
omit, insert-- 7
`the licensed supplier'. 8
12. Part 3A, division 5, heading and section 72ZB(1), `licensed 9
operators'-- 10
omit, insert-- 11
`licensed suppliers'. 12
13. Section 72ZRA(1), `a licensed operator's monitoring operations'-- 13
omit, insert-- 14
`the monitoring operations of a licensed monitoring operator'. 15
14. Section 72ZU(1)(a), `the operator's licence'-- 16
omit, insert-- 17
`its supplier's licence'. 18
15. Section 72ZZA, heading and section 72ZZD(2) and (4)(b), 19
`licensed operator's'-- 20
omit. 21
160
Gaming Machine and Other Legislation
Amendment (No. 2)
SCHEDULE 1 (continued)
16. Section 72ZZH, heading-- 1
omit, insert-- 2
`Period for which monitoring records to be kept'. 3
17. Section 72ZZH(1) and (2), after `monitoring record'-- 4
insert-- 5
`of the operator'. 6
18. Section 141D, heading, `Licensed operators'-- 7
omit, insert-- 8
`Operators'. 9
10
161
Gaming Machine and Other Legislation
Amendment (No. 2)
CHEDULE 2 1
¡S
OTHER AMENDMENTS OF GAMING ACTS 2
section 210 3
ASINO CONTROL ACT 1982 4
´C
1. Section 92(3)(b)(ii)-- 5
omit, insert-- 6
`(ii) the safety or wellbeing of the person or other persons in the 7
casino; or'. 8
NTERACTIVE GAMBLING (PLAYER 9
´I
PROTECTION) ACT 1998 10
1. Section 185(a)-- 11
omit. 12
2. Section 187(3), `chief inspector'-- 13
omit, insert-- 14
`chief executive'. 15
162
Gaming Machine and Other Legislation
Amendment (No. 2)
SCHEDULE 2 (continued)
KENO ACT 1996 1
´
1. Sections 101(6)(b), 190(5)(b), 239 and schedule 4, definition 2
"information notice", paragraph (c), `a Magistrates Court'-- 3
omit, insert-- 4
`the Gaming Commission'. 5
2. Sections 228 to 233, after `appeal'-- 6
insert-- 7
`to the Gaming Commission'. 8
3. Section 235(1)(a), `the clerk of the court of the Magistrates Court'-- 9
omit, insert-- 10
`the registrar of the Gaming Commission'. 11
4. Sections 235(3) and 236(2)(a) and (3), `court'-- 12
omit, insert-- 13
`Gaming Commission'. 14
5. Sections 236(1), 237(1) and 238, `Magistrates Court'-- 15
omit, insert-- 16
`Gaming Commission'. 17
6. Sections 236(2)(b) and (c) and 238(1)(c), `court'-- 18
omit, insert-- 19
`commission'. 20
163
Gaming Machine and Other Legislation
Amendment (No. 2)
SCHEDULE 2 (continued)
7. Section 237(1)(d), `in court or chambers'-- 1
omit, insert-- 2
`in public or in private'. 3
8. Section 238, heading-- 4
omit, insert-- 5
`Powers of Gaming Commission'. 6
9. Schedule 4-- 7
insert-- 8
` "Gaming Commission" means the Queensland Gaming Commission 9
under the Gaming Machine Act 1991. 10
"registrar", of the Gaming Commission, see Gaming Machine Act 1991, 11
section 3.37'. 12
LOTTERIES ACT 1997 13
´
1. Sections 88(5)(b), 176(5)(b), 224 and schedule 3, definition 14
"information notice", paragraph (c), `a Magistrates Court'-- 15
omit, insert-- 16
`the Gaming Commission'. 17
37 Gaming Machine Act 1991, section 3--
"registrar", of the commission, means the officer of the department responsible for
the time being for performing functions as the registrar of the commission.
164
Gaming Machine and Other Legislation
Amendment (No. 2)
SCHEDULE 2 (continued)
2. Sections 214 to 218, after `appeal'-- 1
insert-- 2
`to the Gaming Commission'. 3
3. Section 220(1)(a), `the clerk of the court of the Magistrates Court'-- 4
omit, insert-- 5
`the registrar of the Gaming Commission'. 6
4. Sections 220(3) and 221(2)(a) and (3), `court'-- 7
omit, insert-- 8
`Gaming Commission'. 9
5. Sections 221(1), 222(1) and 223, `Magistrates Court'-- 10
omit, insert-- 11
`Gaming Commission'. 12
6. Sections 221(2)(b) and (c) and 223(1)(c), `court'-- 13
omit, insert-- 14
`commission'. 15
7. Section 222(1)(d), `in court or chambers'-- 16
omit, insert-- 17
`in public or in private'. 18
8. Section 223, heading-- 19
omit, insert-- 20
`Powers of Gaming Commission'. 21
165
Gaming Machine and Other Legislation
Amendment (No. 2)
SCHEDULE 2 (continued)
9. Part 12, heading, `, AMENDMENTS'-- 1
omit. 2
10. Part 12, division 3, heading-- 3
omit, insert-- 4
`Division 2--Transitional provisions for Lotteries Act 1997'. 5
11. Schedule 3-- 6
insert-- 7
` "Gaming Commission" means the Queensland Gaming Commission 8
under the Gaming Machine Act 1991. 9
"registrar", of the Gaming Commission, see the Gaming Machine 10
Act 1991, section 3.38'. 11
© State of Queensland 1999
38 Gaming Machine Act 1991, section 3--
"registrar", of the commission, means the officer of the department responsible for
the time being for performing functions as the registrar of the commission.
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