After section 48C of the Principal Act , the following Division is inserted in Part 4:

Division 2A - Monitoring operator’s licence

48D.     Interpretation of Division

In this Division –

initial monitoring operator’s licence means the first monitoring operator’s licence granted under this Act.

48E.     Functions of monitoring operators

(1)  The monitoring operator must carry out the following core monitoring functions:

(a) any functions imposed by this Act on monitoring operators;

(b) such other core monitoring functions as are prescribed.

(2)  The monitoring operator must also carry out such regulated monitoring functions as may be prescribed.

48F.     Monitoring operators to be licensed

(1)  A person must not perform any of the core monitoring functions of the monitoring operator except in accordance with an authority conferred on the person by a monitoring operator’s licence.

Penalty:  Fine not exceeding 5 000 penalty units.

(2)  A person must not perform any of the regulated monitoring functions of the monitoring operator unless –

(a) the person is acting in accordance with an authority conferred on that person by a monitoring operator’s licence; or

(b) the person is listed on the Roll and the person is authorised to perform the function concerned under a contract or agreement with the monitoring operator.

Penalty:  Fine not exceeding 5 000 penalty units.

48G.     Minister may invite expressions of interest for initial monitoring operator’s licence

(1)  The Minister may call for tender applications from persons interested in being granted the initial monitoring operator’s licence and may select the most suitable tender.

(2)  On receiving a tender application for the initial monitoring operator’s licence, the Minister may cause to be carried out all such investigations and inquiries as the Minister considers necessary to enable the Minister to consider the application properly.

(3)  If the Minister selects a suitable tender application under subsection (1) , the Minister, by written notice, is to direct the Commission to issue the initial monitoring operator’s licence to the successful tenderer and is to advise the Commission of any terms and conditions to be included in the licence.

48H.     Application for subsequent monitoring operator’s licence

(1)  The Minister may, if satisfied that it is in the public interest to do so, call for applications for a monitoring operator’s licence if a licence of that kind –

(a) has been cancelled or surrendered; or

(b) is due to expire within the next 2 years and the licence holder –

(i) has not made an application to renew the licence under section 48U ; or

(ii) has made an application to renew the licence under section 48U and that application has been refused.

(2)  An application for a monitoring operator’s licence under this section must –

(a) be made to the Commission in a form approved by the Commission; and

(b) contain any information, and be accompanied by any documents, that the Commission requires; and

(c) be accompanied by the prescribed fee.

(3)  If a requirement made under this section is not complied with, the Commission may refuse to consider the application.

(4)  If an application is refused under subsection (3) or withdrawn by the applicant, the Commission, at its discretion, may refund the whole or part of the application fee.

48I.     Matters to be considered in determining application

(1)  The Commission must not grant an application for a monitoring operator’s licence unless it is satisfied that –

(a) the applicant and each associate of the applicant is a suitable person to be concerned in or associated with the management and operation of an electronic monitoring system; and

(b) the applicant's premises are suitable for the management and operation of an electronic monitoring system; and

(c) the proposed electronic monitoring system complies with any electronic monitoring system standards set by the Commission under section 112PA .

(2)  In particular, the Commission must consider whether –

(a) the applicant and each associate of the applicant is fit and proper having regard to character, honesty and integrity; and

(b) each such person is of sound and stable financial background; and

(c) the applicant has a legal right to occupy the premises which are the subject of the application; and

(d) in the case of an applicant that is not a natural person, the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; and

(e) the applicant has, or is able to obtain –

(i) financial resources that are adequate to ensure the financial viability of the monitoring operation; and

(ii) the services of persons who have sufficient commercial and technical experience to manage and operate an electronic monitoring system; and

(f) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not fit and proper having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and

(g) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity; and

(h) the applicant has a history of not complying with a law of any jurisdiction in Australia relating to industrial relations or workplace safety; and

(i) the applicant will have appropriate systems and processes in place to ensure that each person who is engaged, or employed, by the applicant, is not subject to discrimination, harassment or other adverse action by the applicant, or by a person engaged or employed by the applicant, if the person provides information relating to –

(i) the compliance of the applicant with the requirements of this Act; or

(ii) conduct of the applicant; and

(j) the size, layout and facilities of the applicant's premises are suitable; and

(k) the proposed security arrangements are adequate.

48J.     Investigation of application

(1)  On receiving an application for a monitoring operator’s licence, the Commission must cause to be carried out all investigations and inquiries that it considers necessary to enable it to consider the application properly.

(2)  The Commission must refer a copy of the application and any supporting documentation to the Commissioner of Police.

(3)  The Commissioner of Police must inquire into and report to the Commission on any matters concerning the application that the Commission requests.

48K.     Commission may require further information, &c.

(1)  The Commission may, by notice in writing, require a person who is an applicant for a monitoring operator’s licence or who, in the opinion of the Commission, has some association or connection with the applicant that is relevant to the application to do any one or more of the following:

(a) to provide, in accordance with any directions given in the notice, any information that is relevant to the investigation of the application and is specified in the notice;

(b) to produce, in accordance with any directions given in the notice, any records relevant to the investigation of the application that are specified in the notice and to permit the examination of the records, the taking of extracts from them and the making of copies of them;

(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b) ;

(d) to furnish to the Commission any authorities and consents that the Commission directs for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the person and his or her associates from other persons.

(2)  If a requirement made under this section is not complied with, the Commission may refuse to consider the application.

48L.     Cost of investigations to be paid by applicant

(1)  The reasonable costs incurred by the Commission in investigating and inquiring into an application for a monitoring operator’s licence are payable to the Commission by the applicant, unless the Commission determines otherwise in a particular case.

(2)  The Commission may require part or full payment in advance of the amount it estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.

(3)  Investigation and inquiry costs may include travelling expenses within or outside the State.

(4)  It is a condition of any licence granted to the applicant that any amount payable by the applicant under this section be paid.

48M.     Updating of application

(1)  If a change occurs in the information provided in or in connection with an application for a monitoring operator’s licence (including documents lodged with the application) before the application is granted or refused, the applicant must, as soon as practicable after the change occurs, give written particulars of the change to –

(a) in the case of an application under section 48G , the Minister; or

(b) in the case of an application under section 48H , the Commission.

Penalty:  Fine not exceeding 50 penalty units.

(2)  When particulars of the change are given, those particulars must then be considered to have formed part of the original application for the purposes of the application of subsection (1) to any further change in the information provided.

48N.     Determination of application

(1)  The Commission must determine an application for a monitoring operator’s licence by either granting or refusing the application and is to notify the applicant in writing of its decision.

(2)  The Commission must not grant a monitoring operator’s licence to any person unless the Minister has approved the granting of such a licence to that person and has advised the Commission of any terms and conditions to be included in the licence.

(3)  The Commission is not required to give reasons for its decision on any application under section 48H but may do so if it thinks fit.

48O.     Issue of monitoring operator’s licence

(1)  The Commission is to issue a monitoring operator’s licence to a person if –

(a) the Minister has selected the person’s tender application for the initial monitoring operator’s licence under section 48G ; or

(b) the Commission has granted the person’s application for a monitoring operator’s licence under section 48N .

(2)  The licence is to be issued subject to –

(a) any terms and conditions that the Minister has specified in respect of that licence under section 48G or 48N ; and

(b) such other terms and conditions as the Commission considers appropriate.

(3)  Without limiting the conditions to which a monitoring operator’s licence may be subject, a monitoring operator’s licence is subject to the following conditions:

(a) the licence holder must manage and operate an electronic monitoring system in accordance with this Act and the monitoring operator’s licence;

(b) the licence holder must not use electronic monitoring system information otherwise than in accordance with this Act or the monitoring operator’s licence;

(c) the licence holder must carry out the functions of the monitoring operator in accordance with this Act and the monitoring operator’s licence;

(d) the licence holder must have policies in place to comply with such personal information protection principles under the Personal Information Protection Act 2004 (in relation to business operations to be carried out by the licence holder pursuant to the monitoring operator’s licence) as would apply to the licence holder if the licence holder were a personal information custodian under that Act.

(4)  The holder of a monitoring operator’s licence must comply with the terms and conditions to which the licence is subject.

Penalty:  Fine not exceeding 2 500 penalty units.

(5)  In exercising its powers under this Act, the Commission is to ensure that no more than one monitoring operator’s licence is in effect at any given time.

(6)  The monitoring operator must not hold any other prescribed licence other than a listing on the Roll that authorises the provision of ancillary gaming services.

48P.     Surrender of monitoring operator’s licence

(1)  The monitoring operator may surrender the monitoring operator’s licence by giving notice in writing to the Commission.

(2)  The surrender takes effect only if the Commission consents to the surrender.

48Q.     Change in situation of monitoring operator

(1)  In this section –

major change in the situation existing in relation to the monitoring operator means –

(a) any change in that situation which results in a person becoming an associate of the monitoring operator; or

(b) any other change in that situation that is of a class or description prescribed as a major change for the purposes of this section;

minor change in the situation existing in relation to the monitoring operator means any change in that situation that is of a class or description that is prescribed as a minor change for the purposes of this section.

(2)  The monitoring operator must –

(a) ensure that a major change in the situation existing in relation to the operator which is within the operator's power to prevent occurring does not occur except with the prior approval in writing of the Commission; and

(b) notify the Commission in writing of the likelihood of any major change in the situation existing in relation to the operator to which paragraph (a) does not apply as soon as practicable after the operator becomes aware of the likelihood of the change; and

(c) notify the Commission in writing of any major change in the situation existing in relation to the operator to which paragraphs (a) and (b) do not apply within 3 days after becoming aware that the change has occurred; and

(d) notify the Commission in writing of any minor change in the situation existing in relation to the operator within 14 days after becoming aware that the change has occurred.

Penalty:  Fine not exceeding 50 penalty units.

(3)  If a major change for which the approval of the Commission is sought under this section involves a person becoming an associate of the monitoring operator, the Commission must not grant prior approval for that change for the purposes of subsection (2)(a) unless –

(a) the Commission is satisfied that the person is a suitable person to be associated with the management or operation of an electronic monitoring system; and

(b) in the case of a person who is to become a major shareholder in the monitoring operator, the Minister has given written consent to the granting of the prior approval by the Commission.

(4)  For the purposes of subsection (3) , a major shareholder is a person who holds more than 10% of the issued shares in a body corporate.

(5)  Sections 48J, 48K and 48L apply to, and in respect of, an application for approval under this section in the same way as they apply to, and in respect of, an application for a monitoring operator's licence.

48R.     Commission to define monitoring operator’s premises

The boundaries of a monitoring operator’s premises are to be defined by being specified in the conditions of the monitoring operator’s licence.

48S.     New licence cannot take effect until former licence expires

If an application for a monitoring operator's licence has been made because an existing monitoring operator's licence is due to expire, the new monitoring operator's licence is not capable of taking effect until the existing licence has expired.

48T.     Duration of monitoring operator’s licence

A monitoring operator’s licence remains in force for a period of 20 years unless sooner cancelled or surrendered under this Act.

48U.     Renewal of monitoring operator’s licence

(1)  The holder of a monitoring operator’s licence may, no earlier than 5 years and no later than 2 years before the current licence is due to expire, apply to the Commission for the renewal of the current licence.

(2)  An application under subsection (1) must be –

(a) in a form approved by the Commission; and

(b) contain any information, and be accompanied by any documents, that the Commission requires; and

(c) be accompanied by the prescribed fee.

(3)  Sections 48H , 48I , 48J , 48K , 48L , 48M , 48N , 48O and 48Q apply to an application for the renewal of a monitoring operator’s licence in the same manner as they apply to an application for the granting of a monitoring operator’s licence.

(4)  If a requirement made under this section is not complied with, the Commission may refuse to consider the application.

(5)  If an application is refused under subsection (4) or withdrawn by the applicant, the Commission, at its discretion, may refund the whole or part of the application fee.

(6)  The renewal of a monitoring operator’s licence takes effect from the day on which the current licence was due to expire.

48V.     Suspension or cancellation of monitoring operator's licence in extraordinary circumstances

(1)  Despite any other provision of this Act, the Minister may cancel or suspend a monitoring operator's licence, by notice in writing to the monitoring operator (the former licensee ), if the Minister is satisfied that –

(a) the conduct of the monitoring operator may materially jeopardise the integrity of the monitoring licence operations; or

(b) failure to do so may result in the public interest being adversely affected in a material way.

(2)  A notice given under this section is to specify –

(a) when the cancellation or suspension takes effect (whether on the day on which the notice is given or a later day); and

(b) the grounds on which the licence is cancelled or suspended.

(3)  If a monitoring operator’s licence is suspended, cancelled or otherwise ceases to be in force, the Minister may –

(a) authorise a person, or a class of persons, to perform the functions of the monitoring operator; or

(b) enter into an agreement with a person (the substitute licensee ) that empowers that person to perform the functions of the monitoring operator.

(4)  If subsection (3)(a) applies, the authorised person or class of persons –

(a) has full control of, and responsibility for, the monitoring licence operations; and

(b) is to operate, or cause to be operated, an electronic monitoring system in accordance with this Act; and

(c) is to perform the functions of a monitoring operator; and

(d) is taken to be the holder of the monitoring operator’s licence until –

(i) the Minister enters into an agreement under subsection 3(b); or

(ii) the monitoring operator’s licence is no longer suspended; and

(e) may enter into arrangements with the former licensee as the Minister thinks fit, including arrangements relating to the use of assets and services of staff of the former licensee.

(5)  If subsection (3)(b) applies, the substitute licensee –

(a) is, for a period of 6 months, to be considered to be the holder of a monitoring operator’s licence granted on the same terms and subject to the same conditions as the former licence (as in force immediately before its cancellation or suspension) with such modifications as the Minister may specify in the agreement; and

(b) has full control of, and responsibility for, the monitoring licence operations; and

(c) is to operate, or cause to be operated, an electronic monitoring system in accordance with this Act; and

(d) is to perform the functions of a monitoring operator; and

(e) may, subject to this section, enter into such arrangements as are approved by the Minister with the former licensee, including arrangements relating to the use of assets and services of staff of the former licensee.

(6)  The former licensee must –

(a) make available to a person authorised under subsection (3)(a) or to a substitute licensee, on reasonable terms, such assets of, or under the control of, the former licensee as are reasonably necessary for arrangements under subsection (4)(e) or (5)(e); and

(b) use the former licensee's best endeavours to make available such staff of the former licensee as are reasonably necessary for those arrangements.

Penalty:  Fine not exceeding 10 000 penalty units.

(7)  The Minister may extend the period referred to in subsection (5)(a) for such period as the Minister sees fit.

48W.     Amendment of conditions

(1)  The conditions of a monitoring operator's licence may be amended in accordance with this section.

(2)  An amendment may be proposed –

(a) by the monitoring operator by requesting the Commission in writing to make the amendment; or

(b) by the Commission by giving notice in writing of the proposed amendment to the monitoring operator.

(3)  The Commission must give the monitoring operator at least 28 days to make submissions to the Commission concerning any proposed amendment under subsection (2)(b) and must consider the submissions made.

(4)  The Commission must then decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the monitoring operator of its decision.

(5)  An amendment proposed by the Commission must be in the public interest or for the proper conduct of gaming.

(6)  Any amendment that the Commission decides upon takes effect when notice of the decision is given to the monitoring operator or on such later date as is specified in the notice.

(7)  Where an amendment is proposed by the monitoring operator, the proposal is to be accompanied by the prescribed fee.

48X.     Rights associated with, and control of, electronic monitoring system information

(1)  All rights associated with electronic monitoring system information obtained by the monitoring operator under the authority of a monitoring operator’s licence are vested in the Crown.

(2)  The monitoring operator must not use or divulge electronic monitoring system information referred to in subsection (1) to any person without the written consent of the Minister or as otherwise authorised in accordance with the monitoring operator’s licence or this Act.

Penalty:  Fine not exceeding 5 000 penalty units.

(3)  The monitoring operator may divulge electronic monitoring system information acquired in the course of the operation of an electronic monitoring system at licensed premises to the venue operator for those licensed premises.

(4)  A person to whom electronic monitoring system information is divulged by the monitoring operator must not use or divulge electronic monitoring system information otherwise than in accordance with this Act or any terms or conditions under which the information is divulged to the person.

Penalty:  Fine not exceeding 2 500 penalty units.

(5)  If a person who is in possession of electronic monitoring system information divulges that information to another person, the information provided to that other person is subject to –

(a) the same terms and conditions to which the person divulging the information was subject; and

(b) such additional terms and conditions as may be imposed by the person divulging the information.

(6)  The monitoring operator may, during the term of the monitoring operator’s licence, use electronic monitoring system information for the purposes of the operation and management of an electronic monitoring system.

48Y.     Approval of electronic monitoring systems

(1)  A person may apply to the Commission for approval of an electronic monitoring system, or a class of electronic monitoring systems, for use in monitoring licence operations.

(2)  An application under subsection (1) must be in a form approved by the Commission and must be accompanied by the prescribed fee.

(3)  On receipt of an application under subsection (1) , the Commission is to conduct an evaluation of the electronic monitoring system or class of electronic monitoring systems.

(4)  The Commission may require a person who makes an application under subsection (1) to provide any additional information or material that the Commission considers necessary for the purposes of an evaluation under subsection (3) .

(5)  If an electronic monitoring system or a class of electronic monitoring systems is considered by the Commission to be suitable for use in monitoring licence operations, the Commission may approve the electronic monitoring system or class of electronic monitoring systems for such use subject to such conditions (if any) as it determines.

(6)  If an electronic monitoring system differs in any material particular from the electronic monitoring system or class of electronic monitoring systems approved by the Commission under this section, the electronic monitoring system ceases to be approved under this section, except in such circumstances as may be prescribed.

(7)  The Commission may amend its approval of an electronic monitoring system or class of electronic monitoring systems by written notice sent to the operator of that system or class of electronic monitoring systems.

(8)  The Commission may require the operator of an electronic monitoring system to provide further information in relation to that system when considering whether to amend an approval under subsection (7) .

(9)  A monitoring operator must not permit gaming machines to be connected to an electronic monitoring system unless that system or class of electronic monitoring systems has been approved by the Commission under this section as suitable for use in monitoring licence operations.

Penalty:  Fine not exceeding 1 000 penalty units.

48Z.     Regulations

(1)  The regulations may make provision for or in respect of the following:

(a) the functions and powers of the monitoring operator under this Act;

(b) requirements or limitations on the provision of core monitoring functions and regulated monitoring functions;

(c) the amount, or means of calculating the amount, of fees payable in relation to the provision of core monitoring functions and regulated monitoring functions;

(d) requirements or limitations as to the persons, or classes of persons, that may provide specified core monitoring functions or regulated monitoring functions;

(e) persons to whom specified core monitoring functions or specified regulated monitoring functions are to be provided;

(f) any other matters affecting or arising out of monitoring licence operations;

(g) directions by the Minister to the monitoring operator or any other person concerned in the management or supervision of electronic monitoring systems –

(i) regarding any matter that relates to the operation of an electronic monitoring system; and

(ii) regarding any agreement or arrangement that relates to an electronic monitoring system; and

(iii) requiring the monitoring operator to provide such information or particulars, and in such circumstances, as may be prescribed;

(h) the enforcement of directions under paragraph (g).