STATUTES AMENDMENT (GAMBLING REFORM) BILL

Introduction and First Reading

Received from the House of Assembly and read a first time.

Second Reading

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for the Status of Women, Minister for State/Local Government Relations) (17:11): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

This Bill seeks to amend the Casino Act 1997, Gaming Machines Act 1992, State Lotteries Act 1966, Authorised Betting Operations Act 2000, Independent Gambling Authority Act 1995 and the Problem Gambling Family Protection Orders Act 2004.

The South Australian Government is committed to maintaining the integrity of gaming operations and reducing the harm from problem gambling.

Over time, the Government has introduced a range of measures aimed at strengthening responsible gambling environments, and eliminating regulations that are no longer required.

This Bill takes a holistic and consistent approach to responsible gambling environments across the casino, clubs and hotels. It seeks to integrate advances in technology with customer care and service that are the hallmark of the hospitality industry.

South Australia is a leader in this area. In 2006 the Government established the Responsible Gambling Working Party to provide advice on how pre-commitment could be implemented in South Australia.

The Working Party was responsible for the evaluation of the most significant real-world trials of pre-commitment in Australia. This work has guided the South Australian Government in addressing proposals for national gambling reform and the approach taken in this Bill.

I would like to take this opportunity to thank the members of the Working Party for the work undertaken to develop an understanding of pre-commitment. With its fifth report on how pre-commitment should be implemented, the job of the Working Party is now complete.

Now that the Commonwealth's proposals for gambling reform have settled, the South Australian Government is working with the industry, union and community sectors to deliver practical benefits to the South Australian community.

A Gaming Regulation Reference Group was established in February with representatives from government, community and industry organisations that have a front-line responsibility for customer care in the gaming sector.

This Reference Group is working collaboratively on implementing reforms to the gaming sector and has had significant input into the development of this Bill. I would like to thank the Reference Group for it is efforts in providing many constructive comments that have improved this Bill.

This Bill contains a number of improvements to existing gaming regulation and reductions in red tape including:

eliminating the need for gaming machine sale and disposal approvals;

introducing consistent code of practice conditions across all sectors of the gambling industry, including wagering and lotteries;

extending expiation fees to all licence conditions;

extending the rights and responsibilities of licensees to landlords in possession of a gaming venue; and

changing the tax collection arrangements for casino taxation so that they can be administered by the Commissioner of State Taxation.

The Government intends to commence these measures from 1 July 2013.

Furthermore, the Bill will:

streamline and simplify recognised training requirements with a greater focus on responsible gambling;

simplify and standardise barring arrangements across all sectors of the gambling industry, including wagering and lotteries;

simplify signage requirements to provide for more effective responsible and problem gambling messaging; and

introduce online employee notifications.

The Government intends to commence these measures from 1 July 2014.

Recognised training requirements with two levels of training, basic and advanced, will be focussed on responsible gambling. They will also equip staff with an understanding of pre-commitment and automated risk monitoring systems to assist them to identify and address potential problem gambling behaviour.

A simplified, uniform regulatory approach to welfare barring arrangements across all forms of gambling will be introduced, based on the findings of the Independent Gambling Authority's 2009 inquiry into barring. The customer will become the focus of the barring system rather than the gambling provider.

The implementation of signage requirements progressively over time has resulted in a level of signage in venues that causes replication, clutter, and reduced message impact.

Signage requirements will be improved to achieve an optimal level of signage that increases the impact of regulatory, responsible gambling and gambling help service messages, while reducing the overall number of signs in venues.

The Office for Problem Gambling, working with the members of the Gaming Regulation Reference Group, will be responsible for developing more effective in-venue signage.

In an effort to reduce red tape for hotel and club venues, the staff approvals process will be replaced with an online notification system. The venue would be required to notify the Commissioner of the appointment of gaming employees and gaming managers.

The current approvals process requires all gaming employees and gaming managers to be subject to a formal approval by the Liquor and Gambling Commissioner, imposing a cost and time burden on employees. Integrity of gaming will continue to be addressed through the central monitoring system operated by the Independent Gaming Corporation and a risk based compliance and enforcement program conducted by the Liquor and Gambling Commissioner.

The Liquor and Gambling Commissioner will be provided with new powers to prohibit the appointment of specified individuals as gaming employees and gaming managers by licensees. The Commissioner, in exercising these powers, will not be limited to waiting for an application to be made, but can act on any information to make an order in a preventative way. This will be supported by administrative systems that notify licensees, before appointment, whether the candidate is subject to a prohibition order.

A number of other measures to reduce the costs and red tape associated with the development and testing of games and platforms are set out in the Bill and will commence from 1 July 2014. This includes allowing gaming machines and games approved interstate to be operated by licensees in South Australia, provided they meet requirements set out in the Bill and regulations. These measures are aimed at maintaining a modern gaming product which will facilitate the introduction of responsible gambling measures contained in the Bill that Government considers to be more effective.

This Bill will introduce the strongest responsible gambling measures in Australia, based on experience and research.

The Government intends that from 1 January 2014, gaming venues will be given a choice about the nature of the gaming services they offer.

They can choose to be a venue with a greater focus on gaming and implement advanced systems aimed at reducing the harm from problem gambling, or a venue where gaming is incidental to food and beverage service.

In the Bill, these venues are referred to as major or minor gaming venues respectively.

From 1 January 2016, the Government intends that all hotel and club venues will be required to make a decision and notify the Liquor and Gaming Commissioner whether they intend to operate as either a major or minor venue.

Major venues must be a party to a responsible gambling agreement and install both pre-commitment and automated risk monitoring systems.

Recently, at the national level, the Federal Parliament passed the National Gambling Reform Act 2012 to implement a nationally regulated pre-commitment scheme from 31 December 2018.

This Government believes waiting until December 2018 to introduce pre-commitment is too long—action is required sooner.

Automated risk monitoring systems will build on the work undertaken in South Australia for development of systems that underlie pre-commitment and for the development of training for the identification and addressing of problem gambling behaviour.

These systems will monitor gaming machine use and identify to trained gaming employees and gaming managers potential problem gambling behaviour. Gaming employees and managers can use this information as a trigger to observe and, if required, address the situation.

The Government intends that these systems must be implemented in major venues by 1 January 2017—well ahead of the national pre-commitment scheme.

There is considerable incentive for venues to choose to become major venues and to implement these systems earlier.

The Bill proposes that major venues will be allowed to increase the maximum number of gaming machines they can operate from 40 to 60 machines, subject to approval by the Liquor and Gambling Commissioner.

If venues wish to take advantage of this from 1 January 2014, they must have implemented both pre-commitment and automated risk monitoring systems.

The Government acknowledges that the club sector may have less capacity to take advantage of the possibility to increase the maximum number of gaming machines a major venue may operate. To address this, the Government will work with Clubs SA and Club One to draft regulations that allow Club One to offer combined gaming machine entitlement and gaming machine packages to club venues on a revenue sharing basis.

Given the improved responsible gambling environment the implementation of these systems will bring to major venues, they will also be permitted to retain and implement a range of other optional features to reduce costs and differentiate their product offering.

From 1 January 2016, only major venues, which have implemented both pre-commitment and automated risk monitoring systems, will be able to retain loyalty systems and current opening hour arrangements.

From 1 January 2017, only major venues will be allowed to operate more than 20 gaming machines.

From 1 January 2020, only major venues, which have implemented both pre-commitment and automated risk monitoring systems, will be able to retain automated coin machines.

The Bill requires that major gaming venues must install better gaming machines that comply with the modern standards and which will be capable of, being remotely controlled, receiving and displaying messages on the gaming machine screen and be limited to a $5 maximum bet. The Government intends that major venues must have installed better gaming machines by 1 January 2017.

The Bill also permits major gaming venues to offer account based cashless gaming. The Government proposes to commence these arrangements from 1 January 2017 —at the same time major venues are required to have installed better gaming machines.

Account based cashless gaming can provide significant benefits to venues in terms of the cost, time and risk management associated with cash handling.

Customers who register for account based cashless gaming will have access to the full benefits of pre-commitment and automated risk monitoring. It is expected this will further increase the effectiveness of automated consumer protection measures.

The Casino will be required to introduce a similar range of new responsible gambling measures—the strongest responsible gambling measures applied to any casino in Australia.

The implementation dates for these measures at the Casino are still a matter for consideration by SkyCity and the Government.

The Bill proposes to make amendments to the Casino Act 1997 to enable the Casino to offer, from 1 July 2013 subject to conditions to be set out in the Approved Licensing Agreement, an internationally competitive premium gaming product, comparable to interstate and overseas competitors.

From 1 July 2013 the Government also proposes to establish, for the first time, a state-wide cap on gaming machine entitlements that covers all gaming sector venues. The Government is committed to reducing the number of gaming machines operating in South Australia.

The Adelaide Casino will be required to purchase additional gaming machine entitlements it requires through the Approved Trading System.

The Government acknowledges, however, that SkyCity may require certainty as to the regulatory framework and operating capacity to underpin its investment in an expanded Adelaide Casino. This Bill assists the Government to reach agreement with SkyCity that provides that certainty.

The Bill provides that if agreed targets for the Adelaide Casino obtaining gaming machine entitlements are not achieved then the Government can provide these entitlements directly to the Adelaide Casino. The Bill imposes strict conditions. Gaming machine entitlements obtained this way are not transferable outside of the Adelaide Casino and can only be used in premium gaming areas.

The statutory target for the number of gaming machines operating in South Australia would not change as a result of entitlements provided directly by the Government to facilitate certainty for future investments at the Adelaide Casino. These additional gaming machine entitlements will be offset by additional forfeiture through the Approved Trading System over time.

The inclusion of the Casino in the Approved Trading System, combined with the other proposed changes to the structure of gaming venues, is expected to increase the demand for entitlements and accelerate the overall reduction in the state-wide gaming machine entitlements cap.

The Government acknowledges that not all venues will be in a financial position to implement the responsible gambling measures required of the Adelaide Casino and major venues, and some venues may wish to reduce their capacity and investment in gaming.

The Bill proposes to change the regulatory environment for these remaining gaming venues. These venues are referred to in the Bill as minor gaming venues.

Minor venues are characterised as venues that achieve responsible gambling outcomes by the removal of a range of automated systems along with an increased focus on staff and customer interaction.

The Bill proposes that minor venues would be prohibited from offering loyalty systems and the minimum closing hours will be extended to require that gaming areas be closed at least between 2:00am and 10:00am every day. The Government will require these arrangements to commence from 1 January 2016.

For venues that offer gaming incidentally to the service of food and beverages, it is not expected that a 40 gaming machine capacity will be required.

The Bill requires that minor gaming venues must not operate more than 20 gaming machines. The Government proposes that this will apply from 1 January 2017.

In recognition that minor gaming venues are a low cost option, these venues will be allowed to retain older style gaming machines beyond the point at which major gaming venues will be required to install or update to the next generation of gaming machines.

Gaming machines with a maximum bet greater than $10 may be retained by minor venues, provided that when a gaming machine (new to that venue) is installed, it must be capable of limiting the maximum bet to $5. This will apply to any gaming machines purchased by minor venues from the day this measure is assented to by the Governor.

Finally, the Bill proposes that minor venues will be prohibited from operating automated coin machines. The Government will require these to be removed from minor venues from 1 January 2020.

The Bill proposes that a landlord will not be able to have lease conditions that require the licensee to operate as either a minor or major venue. This will protect the ability of a licensee to freely choose whether they would prefer a greater focus on gaming, or that gaming is incidental to food and beverage service.

A landlord's investment will be protected. Licensees who operate as a minor gaming venue will not be required to sell their surplus entitlements (that is, they will be able to retain gaming machine entitlements above the 20 machine operating limit for minor venues).

The Gaming Regulation Reference Group will guide the implementation of these reforms over the next seven years. Key work will involve changes to regulations, codes of practice and the prescription of recognition criteria. The regulations will address key transitional issues and will be developed on a collaborative basis with the reference group.

A key measure to be included in the regulations is an exemption for club venues from the social effects inquiry process where a club and its associated sporting or community facilities are being re-located within the same locality. Clubs SA has identified a number of scenarios where it is difficult to justify the resources associated with conducting a social effects inquiry.

The measures contained in this Bill represent the most significant reforms to the gaming sector in South Australia since the introduction of gaming machines in clubs and hotels in 1994.

These reforms will improve regulation for businesses, and standardise and refine existing regulatory requirements.

More importantly, these reforms will create a better responsible gaming environment for staff, through better training and support, and for customers, by strengthening and enhancing the tools available for them to make better decisions.

I commend the Bill to Members.

Explanation of Clauses

Part 1—Preliminary

1—Short title

This clause is formal.

2—Commencement

This clause provides for the commencement of the Act and excludes the operation of section 7(5) of the Acts Interpretation Act 1915, allowing the Act or parts of the Act to commence more than 2 years after assent.

3—Amendment provisions

This clause is formal.

Part 2—Amendment of Authorised Betting Operations Act 2000

4—Amendment of section 3—Interpretation

This clause inserts a new definition of criminal intelligence into the Act.

5—Amendment of section 6A—Codes of practice etc

This clause makes amendment to the provisions relating to codes of practice to ensure that the provisions are (so far as possible) uniform with the codes of practice provisions in the Casino Act 1997, the Gaming Machines Act 1992 and the State Lotteries Act 1966. Subclause (2) provides requirements for signs and warning notices regarding problem gambling, provisions relating to the duty to make barring orders and the duty to identify problem gamblers. Subclause (4) provides that the Authority must give notice to representatives of licensees and authorised interstate betting operators before prescribing, varying or revoking a notice prescribed under the section. Subclause (7) allows the codes of practice under the Act to be incorporated with codes of practice prescribed by the Authority under other Acts.

6—Insertion of section 6B

This clause inserts a new section as follows:

6B—Criminal intelligence

The proposed section provides for the non-disclosure and maintenance of confidentiality of information classified as criminal intelligence. The section further provides that the Authority or the Commissioner is not required to provide grounds or reasons for a decision made on the basis of criminal intelligence.

7—Amendment of section 20—Approval of designated persons

This clause makes the provision regarding approval of designated persons uniform with that under the Casino Act 1997, in requiring the Authority to forward to the Commissioner of Police a copy of any application for approval of a designated person, and for the Commissioner of Police to make available to the Authority information about criminal convictions and other information to which the Commissioner of Police has access relevant to whether the application should be granted.

8—Repeal of section 50

This clause repeals section 50 of the Act as the measure proposes for barring in respect of all gambling providers to be in the Independent Gambling Authority Act 1995.

9—Amendment of section 87—Confidentiality of information provided by Commissioner of Police

This amendment is consequential on amendments regarding criminal intelligence in the measure.

10—Amendment of section 90—Annual report

The amendment changes the annual reporting date for the Commissioner from 30 September to 31 August in each year, and for the Authority from 31 October to 30 September, in order to implement uniform reporting dates for the Commissioner and the Authority across all the Acts they administer.

11—Transitional provision

This transitional provision allows all barring orders in force under section 50 of the Act to continue after the repeal of section 50 and the commencement of the proposed barring provisions under the Independent Gambling Authority Act 1995.

Part 3—Amendment of Casino Act 1997

12—Amendment of section 3—Interpretation

This clause inserts various definitions of terms used in the measure and makes other consequential amendments to definitions.

13—Amendment of section 6—Casino premises

This clause amends section 6 to make clear that subsection (2) only applies to a grant of a casino licence at premises at a different site, meaning that no part of the premises is situated on the previous site.

14—Amendment of section 8—Authority conferred by licence

This amendment clarifies that section 8(1)(b) applies to the casino premises. Casino premises is defined as the premises defined in the casino licence, or by the Governor in accordance with section 6(3) of the Act.

15—Insertion of section 8A

This clause inserts a new section as follows:

8A—Gaming machine entitlements

The casino is authorised to operate only a number of gaming machines equal to the number of gaming machine entitlements held in respect of the gaming areas by the licensee under the Gaming Machines Act 1992.

16—Amendment of section 9—Term and renewal of licence

The amendment clarifies that the assurance of the exclusiveness of the casino licensee's right to operate a casino for a set period under section 16(6) is not subject to approval by the Authority.

17—Amendment of section 10—Conditions of licence

This amendment is consequential on the insertion of proposed section 16(1a).

18—Amendment of section 11—Transfer of licence

The amendment to section 11 provides that any gaming machine entitlements held by the licensee before the transfer of the licence are transferred to the transferee.

19—Amendment of section 14—Other transactions under which outsiders may acquire control or influence

This amendment excludes proposed Part 2 Division 6A from the application of section 14.

20—Insertion of Part 2 Division 6A

This clause inserts a new Division as follows:

Division 6A—Approval of designated persons

14B—Approval of designated persons

The new section provides for the approval by the Authority of a designated person, being a director or executive officer of the licensee, or a person of a class designated by the Authority. The section further provides:

that an application must be in a form and be supported by information required by the Authority;

the circumstances in which the licensee must notify the Authority if a person ceases to be a designated person or if there is a change of circumstances after the application is made but before it is determined, (with penalties applying for a failure of the licensee to notify the Authority);

criteria for assessing the suitability of a person to become a designated person;

that the Authority must give the Commissioner of Police a copy of any application for approval of a designated person, and the Commissioner of Police must make available to the Authority information about criminal convictions, and other information to which the Commissioner of Police has access, relevant to whether the application should be granted.

21—Amendment of section 16—Approved licensing agreement

The clause provides that the approved licensing agreement may exempt or modify the licensee's obligation to comply with requirements or conditions in the Act, or a code or requirement prescribed by the Authority, in relation to premium customers or premium gaming areas. Premium customer means a customer of the casino who falls within a class defined in the approved licensing agreement as premium customers to whom the licensee will afford special privileges (including access to gambling in premium gaming areas). Premium gaming area means a gaming area, or part of a gaming area, that is defined by the Commissioner by notice in the Gazette (in accordance with any requirements in the approved licensing agreement) as an area set aside for premium customers and that is only accessible to other customers in accordance with the approved licensing agreement.

22—Amendment of section 17—Casino duty agreement

The clause amends section 17 by inserting provisions allowing the Treasurer to delegate his or her powers and functions under the casino duty agreement.

23—Amendment of section 21—Suitability of applicant for grant, renewal or transfer of casino licence

The clause amends section 21(5)(a) to update the reference to the proposed definition of casino premises.

24—Amendment of section 27—Opening hours

The clause amends section 27(2) to make it a condition of the casino licence that only the gaming areas of the casino are not to be open for business on Good Friday or Christmas Day.

25—Amendment of section 28—Classification of offices and positions

Subclause (1) deletes reference in the definition of sensitive position to the position of director, secretary, officer or other person who exercises or is in a position to exercise control or substantial influence over the licensee in the conduct of its affairs. These positions are now covered by the proposed definition of designated person as inserted by clause 20 of the measure. The amendment in subclause (2) is consequential on the insertion of the proposed definition of casino premises.

26—Amendment of section 29—Obligations of licensee

This clause inserts a new paragraph (ac) which provides that section 29 does not apply in respect of a designated person under proposed section 14B.

27—Insertion of section 33A

This clause inserts a new section as follows:

33A—Recognition of staff training courses

This section provides that the Authority may recognise courses of training to be undertaken by staff members of the casino as basic or advanced training. Subsection (2) provides that the Authority may prescribe criteria for the recognition of courses of training, including the subjects to be covered in such training. The section further provides for the process by which the Authority may vary or revoke a recognition or prescription notice, the application of sections 10, 10AA and 10A of the Subordinate Legislation Act 1978 to a prescription notice, and the requirement for the Authority to review such a prescription notice every 5 years, including public consultation and consultation with the casino licensee. The section also allows for a provider of a course recognised under the section to apply to the Minister for a review of a decision of the Authority to refuse or withdraw a recognition of a course.

28—Amendment of section 34—Identity cards

This amendment is consequential on the proposed definition of casino premises.

29—Amendment of section 35—Staff not to gamble

This amendment is consequential on the proposed definition of casino premises.

30—Repeal of sections 37A and 37B

This clause deletes sections 37A and 37B. These matters are now contained as part of new section 40A in clause 33 of the measure.

31—Amendment of section 39—Operations involving movement of money etc

These amendments are consequential on the proposed definition of casino premises.

32—Amendment of section 40—Approval of installation etc of equipment

This amendment is consequential to proposed section 40A (and in particular to the fact that approvals under that section operate for a limited time).

33—Insertion of sections 40A and 40B

This clause inserts new sections as follows:

40A—Approval of automated table game equipment, gaming machines and games

Proposed section 40A provides for the Commissioner to approve automated table game equipment, gaming machines or games. Subsection (8) provides for games, gaming machines and automated table game equipment to be approved for a certain time. Subsection (9) provides that the Commissioner may, on application, renew approvals for time periods specified in the subsection.

40B—Recognition of certain systems operated in connection with gaming machines and automated table game equipment

The proposed section allows the Authority, by notice in the Gazette to recognise account based cashless gaming systems and automated risk monitoring systems to be operated in connection with gaming machines and automated table game equipment. The Authority may also prescribe criteria for such systems—proposed subsection (2) sets out the matters that must be addressed by the Authority in relation to criteria for both systems. The section further provides for:

the variation or revocation of prescribed criteria or the withdrawal of a recognition of a system;

consultation to be undertaken by the Authority before prescribing a notice under the section;

the review of prescribed criteria every 5 years and for the Authority to seek and consider written submissions from the licensee and the public in conducting the review;

the application of sections 10, 10AA and 10A of the Subordinate Legislation Act 1978 to prescribed criteria;

a notice published under this section to be incorporated with any other notices that may be published by the Authority under any other Act;

the provider of a system recognised by the Authority to apply to the Minister for a review of a decision of the Authority to refuse or withdraw a system recognition.

34—Amendment of section 41—Interference with approved systems, equipment etc

Proposed subsection (1) makes it an offence for a person to interfere in any way with the proper operation of a system, equipment, machine or game approved or recognised under this Division with the intent of gaining any benefit or advantage. Proposed subsection (2) makes it an offence for a person to manufacture, sell, supply or possess a device designed, adapted or intended to be used for the purpose of interfering with the proper operation of a system, equipment, machine or game approved or recognised under this Division. Proposed subsection (3) makes in an offence for a person to use a computer, calculator or other device for the purpose of projecting the outcome of an authorised game being played in a gaming area. The maximum penalty for an offence against subsections (1), (2) and (3) is $50,000 or imprisonment for 4 years. Subclause (2) amends the penalty for an offence under subsection (4) to $5,000 or imprisonment for 3 months.

35—Insertion of Part 4 Division 4AA

This clause inserts a new Division as follows:

Division 4AA—Disposal of games and gaming machines

41AA—Sale or supply of equipment, games, gaming machines and components

The proposed section makes provision for the sale and supply of games and gaming machines which are in part consequential on the provisions in the Gaming Machines Act 1992 permitting the casino to participate in the approved trading system. It is a condition of the casino licence that the licensee must not sell or supply a game, gaming machine or prescribed gaming machine component to a person other than the holder of a gaming machine dealer's licence, other than where the sale or supply occurs on the transfer of the casino licence.

36—Substitution of Part 4 Division 4A

This clause inserts a new Division as follows:

Division 4A—Codes of practice

41A—Codes of practice may be prescribed by Authority

The proposed section provides that the Authority may, by notice in the Gazette prescribe advertising and responsible gambling codes of practice. The responsible gambling code of practice may:

require the licensee to provide information to patrons regarding responsible gambling and the services to address problems associated with gambling by signs, warning notices or the use of audio, visual or electronic means;

make provision relating to the making of barring orders;

require the licensee to have a program for intervention in problem gambling;

make provision relating to the provision and operation of customer loyalty programs;

make provision relating to staff training;

include other matters designed to reduce the incidence of problem gambling.

The provisions of the codes may be of general, limited or varied application according to the classes of person, equipment or operations, or the circumstances or any other specified factor to which the provision is expressed to apply. The section provides for the revocation or variation of the codes, and the consultation that must occur before any such revocation or variation. The Authority must review the codes of practice at least every 5 years and seek and consider written submissions from the licensee and the public when conducting a review. Sections 10, 10AA and 10A of the Subordinate Legislation Act 1978 apply to the codes. The codes may be incorporated with other codes of practice prescribed by the Authority under other Acts.

41B—Compliance with codes of practice

This section makes it a condition of the casino licence to comply with the provisions of the advertising and responsible gambling codes of practice.

37—Amendment of heading to Part 4 Division 5

This amendment is consequential.

38—Amendment of section 42—Gambling on credit prohibited

This amendment is consequential on the proposed definition of casino premises.

39—Substitution of sections 42A and 42B

This section deletes existing sections 42A and 42B and substitutes the following:

42A—Prohibition of ATMs

This section makes it a condition of the casino licence not to provide an automatic teller machine in a gaming area.

42B—Provisions relating to gaming machines and automated table games

This proposed section sets out several conditions on the casino licence which include:

that the licensee must not provide any gaming machine or automated table game equipment that may be operated in connection with a cashless gaming system or automated risk monitoring system other than a system recognised by the Authority under proposed section 40B(1)(a) or 40B(1)(b) as the case requires;

that the licensee must not provide any gaming machine or automated table game equipment that may be operated otherwise than in connection with an approved pre-commitment system. An approved pre-commitment system is defined in the measure as a system to be approved under, or in accordance with the regulations. This condition expires on 31 December 2018 or a later date as prescribed by the regulations;

that the licensee must not provide any gaming machine or automated table game equipment that is not capable of displaying on-screen messages;

prohibiting the use of note acceptors on gaming machines or automated table game equipment;

prohibiting the use of a device on a gaming machine or automated table game equipment which allows the playing of a number of successive games by an automatic process;

gaming machines not to allow a maximum bet of more than $5.

42C—Prohibition of gambling outside of gaming areas

Proposed subsection (1) makes it a condition of the licence not to permit gambling in the casino premises other than in a gaming area, except as provided by the approved licensing agreement. Proposed subsection (2) provides that if the approved licensing agreement permits gambling in areas other than a gaming area, that it is a condition of the licence that the licensee will take all reasonably practicable measures to ensure that no child is able to engage in gambling.

40—Amendment of section 43—Exclusion of children

These amendments are consequential on the proposed definitions of casino premises and gaming area, and provide that children are to be excluded from gaming areas. The clause also inserts a new subsection (7a) which provides that the regulations may prescribe circumstances in which section 43 or provisions of section 43 do not apply.

41—Substitution of heading to Part 4 Division 7

This amendment changes the reference in the heading from 'power of exclusion' to 'barring powers'.

42—Amendment of section 44—Licensee's power to bar

The amendments in subclause (1) replace the term 'excluded' with 'barred' in the section. The amendments in subclauses (2), (5) and (6) reflect that there is now a distinction between 'gaming areas' and 'casino premises', allowing the licensee to bar a person from gaming areas only. The amendment in subclause (3) limits the grounds on which a barring order may be issued by excluding welfare barring, which is now to be undertaken pursuant to proposed Part 4 of the Independent Gambling Authority Act 1995. Subclause (4) amends section 44(4) to limit the term of the order to up to 3 months, and removes the option for a different period to apply with the agreement of the barred person.

43—Amendment of section 45—Commissioner's power to bar

The amendments in subclause (1) replace the term 'excluded' with 'barred' in the section. The amendments in subclauses (2) and (5) update the references to the proposed definition of gaming areas consistently with the proposed amendment to section 44. The amendments in subclause (3) and (4) delete provisions which are now to be undertaken pursuant to proposed Part 4 of the Independent Gambling Authority Act 1995.

44—Amendment of section 45A—Commissioner of Police's power to bar

The amendments in subclause (1) replace the term 'excluded' with 'barred' in the section. The amendments in subclauses (2), (3) and (4) update the references to the proposed definition of gaming area consistently with the proposed amendment to section 44.

45—Amendment of section 46—Summary exclusion in case of intoxication etc

This amendment is consequential on the proposed definition of casino premises.

46—Amendment of section 49—Licensee to supply copy of audited accounts

The amendments to this section provide that a copy of the audited accounts of the casino are to be provided to the Treasurer as well as to the Authority.

47—Amendment of section 50—Duty of auditor

The amendment inserts a new section 50(3) to provide an exception to the requirement that the Authority keep information obtained under section 50 confidential, to allow the Authority to divulge information to the Minister, the Treasurer or the Commissioner, on written request, and as otherwise authorised by law.

48—Amendment of section 52—Evasion and underpayment of casino duty

The amendment in subclause (2) clarifies that the Treasurer may make an estimate of duty where there has been an underpayment of duty, and removes the provision for such an assessment to be made within 4 years after the liability for duty arose. The other amendments in the clause are of a minor technical nature.

49—Insertion of section 52AA

This clause inserts a new section as follows:

52AA—Investigatory powers relating to casino duty

The proposed section makes it a condition of the casino licence for the licensee to provide information on the written request of the Treasurer about any matter relevant to the payment of casino duty or the casino duty agreement. It also provides that an authorised officer under the Taxation Administration Act 1996 may, for a purpose related to the payment of casino duty or the casino duty agreement, do any of the following:

enter and remain on premises;

require any person on the premises to answer questions or otherwise furnish information;

require production of any instrument or record in the person's custody or control;

require the owner or occupier of the premises to provide the authorised officer with such assistance and facilities as is or are reasonably necessary to enable the authorised officer to exercise powers;

seize and remove any instrument or record on behalf of the Treasurer.

50—Amendment of section 55—Powers of inspection

The amendment in subclause (1) is consequential on the proposed definition of casino premises. The amendment in subclause (2) provides that a staff member must facilitate an examination at the request of an authorised officer of accounts, records or other documents relating to the operation of the casino. The amendment in subclause (3) inserts a new subsection (2a) which provides that an authorised officer may retain such accounts, records or documents for as long as is reasonably necessary for the purposes of copying or taking extracts from any of them.

51—Amendment of section 65—Review of decisions

This amendment is consequential on the proposed definition of casino premises and gaming areas.

52—Insertion of section 68A

This clause inserts a new section as follows:

68A—Minister may issue certain directions to Authority

The proposed section allows the Minister to issue a direction to the Authority if a requirement imposed by the Authority on the licensee has the effect of requiring a pre-commitment system in connection with a gaming machine or automated table game equipment. This is to prevent the Authority from implementing a pre-commitment system (by the issue of a direction, under a code of practice or otherwise) other than that approved under or in accordance with the regulations.

53—Amendment of section 70—Prohibition of gambling by Commissioner and authorised officers

This amendment is consequential on the proposed definition of casino premises.

54—Amendment of section 71—Annual report

Subclauses (1) and (2) amend the annual reporting date for the Commissioner from 30 September to 31 August in each year, and for the Authority from 31 October to 30 September, in order to implement uniform reporting dates for the Commissioner and the Authority across all the Acts they administer. Subclause (3) amends section 71(3) to require the annual report to include any directions issued by the Minister under proposed section 68A.

55—Amendment of section 72—Regulations

The clause amends section 72 to permit the regulations to be of general, limited or varied application according to the classes of person, equipment or operations, the circumstances or any other specified factor to which the provision is expressed to apply. The regulations may also provide that specified provisions of the Act will not apply, or may modify provisions of the Act in relation to the licensee or the casino premises for transitional purposes.

56—Repeal of Schedule

This clause repeals the Schedule to the Act which is now obsolete.

57—Transitional provision—designated persons

The clause provides that a person who falls within the definition of designated person at the commencement of proposed section 14B, is taken to have been approved as a designated person by the Authority in accordance with that section.

58—Transitional provision—barring orders

This clause provides for the continuation of barring orders made under repealed or amended provisions.

59—Transitional provision—approval of automated table games, gaming machines and games

The clause provides that any automated table game equipment, gaming machine or game already installed, or that may be used in the casino premises in accordance with the Act and the conditions of the licence, is taken to have been approved on the commencement of proposed section 40A.

Part 4—Amendment of Gaming Machines Act 1992

60—Amendment of section 3—Interpretation

The clause amends, deletes and inserts new definitions for a number of terms used in the measure, including:

a new definition of gaming machine, which reflects the definition used in the Commonwealth National Gambling Reform Act 2012;

an amended definition of licensed person or licensee or holder of a licence to include the holder of a temporary licence, a person authorised under the Act to carry on the business of a licensee, and a trust, if a licence is held by a trustee;

a definition of monitoring system being the approved computer system referred to in section 14(1)(d) of the Act;

definitions of gaming employee and gaming manager, being a person appointed as such by the holder of a gaming machine licence, or in the case of a gaming manager, also the holder of a gaming machine licence;

definition of major gaming venue and minor gaming venue. Licensed premises in respect of a gaming machine licence are a major gaming venue if the licensee has notified the Commissioner that the premises are to be a major gaming venue for the purposes of this Act (either by specifying it in the application for the licence or by notifying the Commissioner under proposed section 76B), has not subsequently revoked that notification, and is a party to a responsible gambling agreement. Any venue which is not a major gaming venue in accordance with the definition is a minor gaming venue for the purpose of the Act.

61—Amendment of section 4—Application of Act

The clause amends section 4 which currently provides that the Act does not apply to gaming machines operated in the casino. The amendment allows the Act to apply to the casino when specifically provided.

62—Amendment of section 10A—Certain matters prescribed by Authority

Subclause (1) provides that the Authority may, by notice in the Gazette prescribe criteria for the recognition of courses of training for staff (basic training and advanced training) and for the recognition of an account based cashless gaming system and an automated risk monitoring systems recognised under proposed section 10B(1)(c).

Subclauses (2) to (5) amend the provisions relating to the content of the responsible gambling codes of practice as follows:

subclause (2) provides that the code may require the holder of a gaming machine licence to provide information to patrons regarding responsible gambling and the services to address problems associated with gambling by signs, warning notices or the use of audio, visual or electronic means. This replaces the requirements currently in section 57 of the Act;

subclauses (3) and (4) are consequential on other amendments in the measure;

subclause (5) provides that the codes may require gaming machine licensees to comply with requirements regarding the training of gaming managers and gaming employees specified in the measure, as well as make provision relating to customer loyalty programs.

Proposed subsection (3a) provides that the provisions of the prescribed notices may be of general, limited or varied application according to the classes of person, gaming machine or gaming operation, or the circumstances or any other specified factor to which the provision is expressed to apply. The amendment in subclause (8) provides that sections 10, 10AA and 10A of the Subordinate Legislation Act 1978 apply to the prescribed notices. Proposed subsection (10) provides that the prescribed notices may be incorporated with other notices prescribed by the Authority under other Acts.

63—Amendment of section 10B—Recognitions

The amendment provides that the Authority may recognise, by notice in the Gazette, the following matters in addition to those already provided in section 10B:

courses of training required to be undertaken by a gaming manager or gaming employee as basic or advanced training;

systems to be operated in connection with approved gaming machines, or classes of approved gaming machines being an account based cashless gaming system and an automated risk monitoring system.

All recognitions under section 10B are to continue in force for a period of 5 years, or a period specified by the Authority in the notice of recognition, or until the notice is withdrawn by the Authority.

64—Amendment of section 12—Criminal intelligence

This amendment is consequential on proposed Part 4AA, which replaces approved gaming machine managers and employees, who were approved by the Commissioner, with gaming managers and employees who are appointed by the holder of a gaming machine licence. The amendment allows the criminal intelligence provisions to apply to a person prohibited by the Commissioner from carrying out the duties of a gaming manager or gaming employee.

65—Amendment of section 14—Licence classes

These amendments are consequential.

66—Amendment of section 15—Eligibility criteria

This amendment is consequential on the insertion of proposed section 17B(4)(ab).

67—Amendment of section 16—Number of gaming machines to be operated under licence

The clause amends section 16 to allow the Commissioner to approve not more than 60 gaming machines for operation under a gaming machine licence.

68—Amendment of section 17B—Social effect certificate

The proposed new subparagraph provides that in assessing the social effect of the grant of a gaming machine licence, the Commissioner must have regard to the scale of the proposed gaming operations relative to other operations to be conducted at, or in connection with, the premises. The proposed subparagraph would replace the requirement under section 15(5)(a)(v) for an applicant for a gaming machine licence to satisfy the Commissioner that size of the proposed gaming operations on the premises would not be such that they would predominate over the undertaking ordinarily carried out on the premises.

69—Amendment of section 18—Form of application

The clause amends the criteria for an application for a gaming machine licence to require an applicant to notify the Commissioner if the premises are to be a major gaming venue for the purposes of this Act.

70—Amendment of section 27—Conditions

The clause amends section 27(7)(b)(ii)(A) regarding the opening hours able to be fixed by the Commissioner, and is consequential on the different requirements for major and minor gaming venues.

71—Amendment of section 27AA—Variation of licence

This clause inserts a new subsection (7) to require an applicant for a variation of a gaming machine licence to satisfy the Commissioner of any relevant matters contained in section 15(5) of the Act.

72—Insertion of sections 27AAB and 27AAC

This clause inserts new sections as follows:

27AAB—Gaming machine entitlements in respect of casino

This proposed section requires the Commissioner to assign the holder of the casino licence 995 gaming machine entitlements in respect of the gaming areas (within the meaning of the Casino Act 1997).

27AAC—Application of Division to casino

Proposed subsection (1) provides that Division 3A applies in relation to the casino. Proposed subsection (2) provides that the approved licensing agreement under the Casino Act 1997 may make provision in relation to participation by the holder of the casino licence in the approved trading system and, in particular:

may specify targets relating to the obtaining of gaming machine entitlements (other than the entitlements assigned under proposed section 27AAB) by the holder of the casino licence;

may impose requirements on the holder of the casino licence in relation to meeting such targets;

may provide that if the casino satisfies the requirements but does not meet a target by a specified day, the Commissioner must, on payment of an amount determined in a manner agreed, in writing, by parties to the agreement, assign the holder of the casino licence a specified number of gaming machine entitlements. However, any such entitlements are not transferable under section 27B of the Act and must only relate to a premium gaming area within the meaning of the Casino Act 1997.

73—Amendment of section 27A—Gaming machine entitlements

These amendments are consequential on the casino's participation in the approved trading system.

74—Amendment of section 27B—Transferability of gaming machine entitlements

These amendments allow the holder of a temporary licence or a person who is an authorised person under Part 3 Division 4A to carry on the business of a licensee, to trade gaming machine entitlements in the approved trading system.

75—Amendment of section 27C—Premises to which gaming machine entitlements relate

These amendments delete an obsolete provision, and are otherwise consequential on the casino's participation in the approved trading system.

76—Amendment of section 35—Cessation of gaming machine monitor licence

This amendment is consequential on the proposed definition of monitoring system.

77—Repeal of section 37

This clause repeals section 37 which enabled the Commissioner to approve gaming machine managers and gaming machine employees. Gaming managers and gaming employees are to be appointed by a licensee and notified to the Commissioner as a condition of the gaming machine licence (see proposed paragraph (ma) of Schedule 1 in this measure).

78—Amendment of section 39—Approval of form of supply contract

These amendments are consequential.

79—Amendment of section 40—Approval of gaming machines and games

Proposed subsection (2) provides the circumstances under which the Commissioner must not approve a gaming machine. Proposed subsection (3) provides that the Commissioner may determine that a gaming machine complies with a requirement under proposed subsection (2) if the machine, when used with other equipment, complies with the requirement (and, in such a case, the machine and the other equipment will together constitute the approved gaming machine for the purposes of the Act). Proposed subsection (4) provides the circumstances under which the Commissioner must not approve a game. Proposed subsection (5) provides for gaming machines and games to be approved for a certain time. Proposed subsection (6) provides that the Commissioner may, on application, renew approvals for a time specified in the subsection.

80—Amendment of section 42—Discretion to grant or refuse approval

The amendments in subclauses (1) and (2) are consequential on amendments regarding gaming managers and gaming employees no longer being approved by the Commissioner. The clause inserts proposed subsections (7) and (8) which allows the Commissioner to grant the approval of a game or gaming machine which can be lawfully played in another jurisdiction and is prescribed by the regulations. In the case of a gaming machine, the Commissioner must also be satisfied that the machine is compatible with the monitoring system.

81—Insertion of Part 4AA

This clause inserts a new Part 4AA as follows:

Part 4AA—Prohibition notices—gaming managers and gaming employees

44AA—Commissioner may give prohibition notice

The proposed section allows the Commissioner to prohibit a person from carrying out the duties of a gaming manager or gaming employee either permanently or for a specified period by notice in writing. The notice must be given to the person, and may be given to the licensee for whom the person works, and to any other licensee for whom the person may work. The prohibition has effect from the day on which the notice is given to the person, or such later date as may be specified in the notice.

82—Amendment of section 44A—Prohibition of links between dealers and other licensees

These amendments are consequential on the casino's participation in the approved trading system.

83—Amendment of heading to Part 5 Division 1

This amendment is consequential.

84—Amendment of section 45—Offence of being unlicensed

These amendments are consequential.

85—Substitution of sections 46 and 47

The clause deletes current sections 46 and 47 and substitutes the following:

46—Offence of breach of licence conditions

Proposed section 46 provides 4 categories of offences and 4 categories of expiable offences for a contravention of a licence condition by the holder of a gaming machine licence. The maximum penalties are as follows:

for a category A offence—$20,000;

for a category B offence—$10,000;

for a category C offence—$5,000;

for a category D offence—$2,500.

The expiation fees are as follows:

for a category A expiable offence—$1,200;

for a category B expiable offence—$315;

for a category C expiable offence—$210;

for a category D expiable offence—$160.

A contravention of or failure to comply with, a gaming machine licence condition specified in Schedule 1 (other than a condition imposed under paragraph (o) of that Schedule) is taken to be a category A offence only. A contravention of, or failure to comply with, any other gaming machine licence condition will be taken to be a category A offence and a category A expiable offence unless the Commissioner specifies that it is to be an offence or expiable offence of some other category at the time of imposing the condition.

47—Offence of breach of mandatory provisions of codes

The proposed section updates the amount of penalties and expiation fees for a contravention of, or failure to comply with a mandatory provision of the advertising code of practice or the responsible gambling code of practice to match those for contravention of, or failure to comply with a licence condition set out in proposed section 46.

86—Amendment of section 47A—Offence of selling or supplying games, gaming machines or components without approved contract or with inducement

These amendments are consequential.

87—Amendment of section 48—Offences relating to management or positions of authority

The clause inserts a new offence requiring a licensee to ensure that a gaming manager is present on the licensed premises at all times when gaming operations are conducted on the premises, with a maximum penalty of $10,000.

88—Amendment of section 49—Offences related to carrying out duties in gaming areas

The clause makes consequential amendments, and prescribes the following new offences in addition to the offence already prescribed under section 49:

proposed subsection (2) makes it an offence for a person to carry out prescribed duties in connection with the gaming operations conducted on licensed premises in contravention of a prohibition notice issued by the Commissioner under section 44AA(2), with a maximum penalty of $35,000 or imprisonment for 2 years.

proposed subsection (3) makes it an offence for a licensee to cause or permit a person to carry out prescribed duties in contravention of a prohibition notice issued by the Commissioner under section 44AA(2), with a maximum penalty of $35,000 or imprisonment for 2 years;

proposed subsection (4) makes it an offence for a person who is an employee of the holder of a gaming machine dealer's licence to carry out prescribed duties in connection with the gaming operations conducted on licensed premises, with a maximum penalty of $35,000 or imprisonment for 2 years;

proposed subsection (5) makes it an offence for a licensee to knowingly cause or permit a person who is an employee of the holder of a gaming machine dealer's licence to carry out prescribed duties in connection with the gaming operations conducted on licensed premises, with a maximum penalty of $35,000 or imprisonment for 2 years.

89—Amendment of section 50—Offence related to personal performance of work on games and gaming machines

This amendment is consequential.

90—Amendment of section 50A—Gaming managers and employees must carry identification

These amendments are consequential.

91—Amendment of section 51—Person who may not operate gaming machines

These amendments are consequential.

92—Insertion of section 51AA

This clause inserts a new section as follows:

51AA—Minor gaming venue not to operate more than 20 gaming machines

The proposed section provides that holder of a gaming machine licence in respect of a minor gaming venue must not operate more than 20 gaming machines pursuant to the licence (regardless of the number of gaming machine entitlements held in respect of the licensed premises). The maximum penalty for the offence is $35,000.

93—Amendment of section 51A—Cash facilities not to be provided within gaming areas

The clause deletes obsolete provisions.

94—Substitution of section 51B

This clause deletes existing section 51B and substitutes the following:

51B—Cash facilities limitations

Subsection (2) provides that the holder of a gaming machine licence must not provide, or allow another person to provide, cash facilities on the licensed premises that would allow a person to obtain cash otherwise than in accordance with the limitations able to be prescribed by the regulations under subsection (1), with a maximum penalty of $35,000.

95—Amendment of section 52—Prohibition of lending or extension of credit

This amendment is consequential.

96—Substitution of section 53A

This clause deletes current section 53A and inserts the following:

53A—Prohibition of certain gaming machines

Proposed section 53A creates a number of new gaming machine licensee offences, all with a maximum penalty of $35,000 including:

an offence to provide a gaming machine that may be operated in connection with a cashless gaming system other than that recognised by the Authority under section 10B(1)(c)(i);

an offence for a major gaming venue to provide a gaming machine that may be operated otherwise than in connection with an automated risk monitoring system approved by the Authority under proposed section 10B(1)(c)(ii);

an offence for a major gaming venue to provide any gaming machine that may be operated otherwise than in connection with an approved pre-commitment system. An approved pre-commitment system is a system to be operated in connection with approved gaming machines or classes of approved gaming machines, that is approved under, or in accordance with processes prescribed by the regulations for the purposes of this definition (subject to any conditions prescribed by the regulations). This offence provision expires on 31 December 2018 or on a later date prescribed by the Governor by regulation;

an offence for a major venue to provide any gaming machine that is not capable of displaying on-screen messages;

an offence for a major gaming venue to provide any gaming machine on the licensed premises that allows a maximum bet of more than $5;

an offence to provide any gaming machine on the licensed premises that returns winnings to players at a rate that is not less than 87.5% of the total amount of all bets made on the machine;

an offence for a minor venue to provide a gaming machine that may be operated without the insertion of a coin or token or by the electronic transfer of credits or tokens to the device, or that allows a maximum bet of more than $5 (unless, in relation to a machine allowing a maximum bet of more than $5, the machine was being lawfully provided by the licensee immediately before the prescribed day);

the offences of prohibiting the provision of a gaming machine that is fitted with a device or mechanism designed to allow the playing of successive games by an automatic process, and of providing a gaming machine on the licensed premises that may be operated by the insertion of a banknote, are retained as part of this proposed section.

97—Insertion of sections 53AB and 53AC

This clause inserts the following sections:

53AB—Prohibition of coin machines in minor gaming venues

The proposed section creates a new offence for the holder of a gaming machine licence in respect of a minor gaming venue to provide any coin machine on licensed premises, with a maximum penalty of $35,000.

53AC—Prohibition of customer loyalty programs in minor gaming venues

The proposed section creates a new offence for the holder of a gaming machine licence in respect of a minor gaming venue to cause, suffer or permit a customer loyalty program to be offered or operated at the licensed premises, with a maximum penalty of $35,000. A customer loyalty program is defined as a marketing or promotional scheme under which a person may become entitled to a benefit as a result of continued gaming machine play.

98—Repeal of section 54

This amendment is consequential on signage requirements proposed to be included in the responsible gambling code of practice.

99—Amendment of section 56—Minors not permitted in gaming areas

These amendments are consequential.

100—Repeal of section 57

The repeal of section 57 is consequential on signage requirements proposed to be included in the responsible gambling code of practice.

101—Repeal of Part 5 Division 4

This amendment is consequential on the barring provisions in proposed Part 4 of the Independent Gambling Authority Act 1995.

102—Amendment of section 62—Interference with machines or games

This amendment is consequential.

103—Amendment of section 63—Interference devices

This amendment is consequential.

104—Amendment of section 64—Sealing of gaming machines

This amendment is consequential.

105—Amendment of section 66—Machines not to be operated in certain circumstances

These amendments are consequential.

106—Amendment of section 68—Certain profit sharing etc is prohibited

This amendment is consequential.

107—Amendment of section 71—Powers of authorised officers

The amendment in subclause (1) inserts a new requirement to allow a period of not less than 7 days for a licensee to comply with a requirement to produce documents or other material relating to staff training. The other amendments are consequential on changes in the measure.

108—Amendment of section 72A—Gaming tax

This amendment removes the requirement for gaming tax to be paid in equal monthly instalments. The proposed amendment will allow for the payment of tax at a time or times determined by the Treasurer.

109—Substitution of section 74

This section deletes existing section 74 and substitutes the following:

74—Annual reports

Proposed subsections (1) and (3) amend the annual reporting date for the Commissioner from 30 September to 31 August in each year, and for the Authority from 31 October to 30 September, in order to implement uniform reporting dates for the Commissioner and the Authority across all the Acts they jointly administer. The report of the Authority should include any directions issued by the Minister under proposed section 74A. The proposed section reinstates those provisions in existing section 74 regarding the report of the Commissioner and the requirement for the Minister to cause a copy of the report to be laid before each House of Parliament.

74A—Minister may issue certain directions to Authority

The proposed section allows the Minister to issue a direction to the Authority if a requirement imposed by the Authority on the licensee has the effect of requiring a pre-commitment system (by the issue of a direction, under a code of practice or otherwise) other than that approved under or in accordance with the regulations..

110—Amendment of section 76—Power to refuse to pay winnings

This amendment is consequential.

111—Insertion of section 76B

This clause inserts a new section as follows:

76B—Major gaming venue notifications

The proposed section provides that the holder of a gaming machine licence may at any time, by notice in writing given to the Commissioner, specify that the licensed premises are to be a major gaming venue for the purposes of this Act, or revoke a major gaming notification.

112—Amendment of section 77—Certain agreements and arrangements are unlawful

Subclause (1) amends section 77 by inserting a new subsection (2) to clarify that a gaming machine, game or prescribed gaming machine component may be moved from 1 licensed premises to another (subject to the Act and the conditions of the gaming machine licences relating to those premises) if each of the gaming machine licences is held by the same licensee. The new provision also clarifies that the existing subsection (1) does not apply in relation to a supply to, or acquisition by, the transferee on a transfer of a gaming machine licence in accordance with Part 3 Division 4. The insertion of proposed subsection (4) provides that any provision of a lease relating to licensed premises that purports to require the lessee to operate as a major or minor gaming venue for the purposes of this Act (however the requirement is expressed) is void and of no effect. The provision would not, however, affect lease requirements relating to gaming machine entitlements only (providing they do not impose operational requirements).

113—Amendment of section 79—Bribery

This amendment is consequential.

114—Amendment of section 82—Service

The amendments allow for service of notices or documents by the Authority or the Commissioner in a manner not specified in current subsection 82(1).

115—Amendment of section 85—Vicarious liability

The amendments in subclauses (1) and (2) are consequential. Subclause (3) makes a consequential amendment to proposed section (3a) in the Statutes Amendment (Director's Liability) Bill 2013.

116—Amendment of section 86—Evidentiary provision

These amendments are consequential.

117—Amendment of section 87—Regulations

The amendment to section 87(2)(d) provides that the regulations may grant or provide for the granting of conditional or unconditional exemptions from the Act or any provision of the Act (where currently the exemption power rests with the Minister). Proposed subsection (5) allows the application of the Act to be exempted or modified for transitional purposes by regulation.

118—Repeal of sections 89 to 91

This clause repeals obsolete provisions.

119—Amendment of Schedule 1—Gaming machine licence conditions

This clause makes several amendments to the gaming machine licence conditions, including:

removing the requirement for a licensee to obtain the approval of the Commissioner before the sale or disposal of a gaming machine or gaming machine component;

removing the requirement for gaming equipment to be inspected and sealed before commencing gaming operations pursuant to the licence;

providing a requirement that the licensee will (in a manner and form to be determined by the Commissioner):

notify the Commissioner of the appointment of a person as a gaming manager or gaming employee;

keep a record of the appointment of each gaming manager and gaming employee;

within 14 days of a gaming manager or gaming employee ceasing to be appointed as such, notifying the Commissioner of that fact;

providing that the Commissioner may not impose additional conditions on the licensee of a kind prohibited by the regulations;

other amendments consequential on other provisions in the measure.

120—Repeal of Schedules 3 and 4

This clause repeals obsolete provisions.

121—Transitional provision—approval of gaming machines and games

The clause provides that a gaming machine or game that was, immediately before the commencement of this section, approved under section 40 of the Gaming Machines Act 1992 will be taken to have been approved under section 40 of the Gaming Machines Act 1992 as amended by this Act (and such approval is, for the purposes of that section, taken to have been granted on the day on which this section commences).

122—Transitional provision—licence condition offence categories

The clause provides for the assigning of licence condition offence or expiable offence categories by the Commissioner to licence conditions of a kind referred to in proposed section 46(3)(b) that were imposed before commencement.

123—Transitional provision—barring orders

This clause provides for the continuation of barring orders made under repealed provisions.

Part 5—Amendment of Independent Gambling Authority Act 1995

124—Insertion of heading

This clause makes a technical amendment.

125—Amendment of section 3—Interpretation

This amendment is consequential on the insertion of proposed Part 4.

126—Insertion of heading

This clause makes a technical amendment.

127—Insertion of section 11B

This clause inserts a new section as follows:

11B—Delegation

The proposed section gives the Authority power to delegate certain of its powers and functions to a member, deputy member, the Secretary of the Authority or the Commissioner, other than:

the conduct of an inquiry by the Authority;

a reconsideration by the Authority of a decision that was made by the Authority;

a review or appeal that is to be conducted by the Authority (other than a review under proposed section 15G or a review of a decision made under section 45 of the Casino Act 1997).

128—Insertion of heading

This clause makes a technical amendment.

129—Amendment of section 12—Proceedings of Authority

This clause inserts a new subsection (1a) which amends the quorum provisions of section 12. For the purpose of conducting an inquiry, a reconsideration of a decision by the Authority or a review or appeal under the Act or a prescribed Act, the presiding member (or his or her deputy) and 1 other member of the Authority constitutes a quorum of the Authority.

130—Amendment of section 14—Powers and procedures of Authority

This clause amends section 14(1), to provide that the Authority may exercise the powers and procedures set out in the subsection if the Authority thinks it reasonably necessary for the purpose of performing its functions.

131—Repeal of section 15A

This amendment is consequential on proposed section 11B.

132—Insertion of heading

This amendment is technical.

133—Substitution of section 15B

This clause deletes current section 15B and inserts new sections as follows:

15B—Interpretation

The proposed clause inserts a number of definitions of terms to be used in the Part, including authorised person, barred person, barring order and gambling provider.

15C—Barring orders

The section provides that the Authority or a gambling provider may make a barring order in relation to a person at the request of that person, or if:

there is a reasonable apprehension that the person may suffer harm, or may cause serious harm to family members, because of problem gambling; and

the Authority or gambling provider is satisfied that the making of the order is appropriate in the circumstances.

If no decision is made within 14 days after the making of a request for an order, the Authority or the gambling provider is taken to have refused the request. A barring order made by a gambling provider may only relate to the premises of, or the business conducted by that gambling provider, and remains in force for 3 months from the date on which the order is made. The gambling provider must make a record of the barring order or request and notify the Authority within 7 days after making a decision in relation to the request, and a maximum penalty of $2,500 applies for a failure to comply with this provision. A barring order made by the Authority may remain in force for a period of not more than 3 years from the date on which the order is made. A barring order must be in writing in a form determined by the Authority.

15D—Variation or revocation of barring order

The proposed section sets out the circumstances under which the Authority may vary or revoke a barring order.

15E—Notice of barring order etc

The proposed section requires that a barred person must be given notice of a barring order, or an order varying or revoking such an order, and the order has no effect until notice has been given to the barred person. The Authority must also give written notice of a barring order to the owner or occupier of each place to which the order relates.

15F—Contravention of barring order

The proposed section creates a number of offences for contravention of a barring order:

for a barred person who contravenes or fails to comply with a barring order, the maximum penalty is $2,500;

for a gambling provider, or another person of a class prescribed by the regulations who suffers or permits a contravention of a barring order, the maximum penalty is $10,000. It is a defence to this offence for the defendant to prove that he or she took reasonable steps to prevent the commission of the offence;

For the purposes of disciplinary or enforcement action as defined in this proposed section, it is taken to be a condition of the licence or authorisation issued to a gambling provider under the relevant Act that the provider must not suffer or permit a contravention of a barring order (subject to the defence above).

15G—Review of barring order by gambling provider

This proposed section provides that the Authority must undertake a review of the decision by a gambling provider to make or refuse to make a barring order.

15H—Reconsideration of barring order by Authority

The proposed section provides that a gambling provider who is dissatisfied with a decision by the Authority to refuse to make a barring order, or any other person who is affected by a decision by the Authority to make, or refuse to make a barring order, may apply to the Authority to undertake a reconsideration of the decision. The section details the form and manner of lodgement of the application. On reconsidering a decision, the Authority may undertake consultation, confirm, vary, revoke or reverse the decision, and make recommendations to persons involved with or affected by the making of the decision that the Authority thinks appropriate. If the Authority has not completed reconsidering a decision within 8 weeks after the day on which the application was made, the Authority will be taken to have confirmed the decision.

15I—Powers to remove etc

This proposed section permits an authorised person to require a person to leave a place if they suspect on reasonable grounds that the person is barred from that place. The regulations may prescribe procedures to be observed by authorised persons (other than police officers) in or in connection with the exercise of powers under the section.

15J—Liability

The proposed section provides that a licensee or authorised person is not liable to pay damages or compensation to any person for a failure to exercise powers under Part 4.

15K—Delegation

The proposed section allows a gambling provider to delegate powers or functions under Part 4.

15L—Service

The proposed section provides for the service of a document required to be given to a person under Part 4.

15M—Register

The proposed section provides that the Authority must maintain a register of barring orders, requests for barring orders that are refused, problem gambling family protection orders, any information required to be included on the register under another Act, and any other information that, in the opinion of the Authority is relevant to barring or exclusion.

15N—Winnings still to be paid

The proposed section provides that a contravention of, or failure to comply with, a barring order does not constitute grounds for refusing to pay any winnings to a person.

134—Insertion of heading

This clause makes a technical amendment.

135—Amendment of section 19—Annual report

This clause amends section 19(1) to change the date on which the Authority must prepare and submit its annual report each year from 31 October to 30 September.

136—Insertion of section 20

This clause inserts a new section as follows:

20—Regulations

This proposed section allows the Governor to make regulations.

137—Transitional provision—existing voluntary barring orders

The clause provides that a person who is barred under current section 15B of the Act is taken to be barred under proposed section 15C for a period of 3 years or until a review of the order is completed (whichever occurs first).

138—Transitional provision—review of existing barring orders

The clause provides that the Authority must, within 3 years after the commencement of this clause, undertake a review of relevant barring orders, being all those taken to be made under proposed section 15C of the Act, by virtue of the transitional provision.

Part 6—Amendment of Problem Gambling Family Protection Orders Act 2004

139—Amendment of section 11—Conduct of proceedings

The clause inserts a new subsection 11(7) to provide that an order may be made under proposed Part 4 of the Independent Gambling Authority Act 1995 instead of, or in addition to an order under the Problem Gambling Family Protection Orders Act 2004.

140—Amendment of section 13—Notification of making, variation or revocation of problem gambling family protection orders by Authority

The amendment inserts a new subsection 13(3) to allow the Authority to enter particulars of prohibitions of a kind found in an order under the Problem Gambling Family Protection Orders Act 2004 or the Intervention Orders (Prevention of Abuse) Act 2009 on the register maintained under Part 4 of the Independent Gambling Authority Act 1995.

141—Substitution of section 15

This clause inserts a new section as follows:

15—Removal of respondent barred from certain premises

The proposed section extends the powers under Part 4 of the Independent Gambling Authority Act 1995 requiring a person to leave or removing a person from a place from which they have been barred, to a person barred from a place by an order under the Act.

Part 7—Amendment of State Lotteries Act 1966

142—Substitution of sections 13B to 13E

This clause substitutes existing sections 13B to 13E regarding codes of practice with the following:

13B—Codes of practice etc

The proposed section provides that the Authority may prescribe advertising and responsible gambling codes of practice and requirements for systems and procedures designed to prevent the purchase of lottery tickets, and participation in lotteries by children using the telephone, Internet or other electronic means. Proposed subsection (2) provides matters which may be addressed in a responsible gambling code of practice, including:

requiring the licensee to provide information at offices, branches and agencies of the Commission regarding responsible gambling whether by signs and warning notices or the use of audio, visual or electronic means;

making provisions relating to the duty to make barring orders under Part 4 of the Independent Gambling Authority Act 1995;

make provision relating to the duty to identify and assist problem gamblers;

dealing with staff training;

requiring accounts to be kept for persons who participate in lotteries or purchase lottery tickets by telephone, Internet or other electronic means;

other matters designed to reduce the incidence of problem gambling.

13C—Compliance with codes of practice

This section provides that the Commission must ensure, in the performance of its functions, that the Commission conforms with the matters prescribed under proposed section 13B(1).

Debate adjourned on motion of Hon. J.S.L. Dawkins.