Statutes Amendment (Gambling Regulation) Bill

Second Reading

The Hon. R.I. LUCAS (Treasurer) (15:22): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of clauses inserted in Hansard without my reading them.

Leave granted.

The Statutes Amendment (Gambling Regulation) Bill 2019 amends the:

Authorised Betting Operations Act 2000

Casino Act 1997

Gaming Machines Act 1992

Problem Gambling Family Protection Orders Act 2004

State Lotteries Act 1966

The introduction of this Bill contributes to the government's gambling reform agenda, which began last year, following the consolidation of all gambling regulatory and policy functions within Consumer and Business Services and the appointment of the Liquor and Gambling Commissioner as South Australia's sole gambling regulator in December 2018.

Following this change to the gambling regulatory framework, the government began seeking views from industry, the non-government sector and affected government stakeholders on the future of gambling regulation in South Australia, which has ultimately culminated in the development of this, and two other related, Bills.

This gambling reform package has two key goals—supporting an important part of our economy and community, and ensuring there are strong protections in place for vulnerable South Australians who find themselves needing support due to gambling related issues.

The government is confident that this Bill strikes the right balance and achieves these goals.

The government has introduced and agreed to a number of additional measures to further strengthen protections for people at risk of gambling harm. These additional measures compliment those already put forward and include:

Mandating facial recognition in venues with more than 30 machines to better detect people barred from gaming rooms;

Mandating a maximum of $50 notes allowed for use in note acceptors on gaming machines;

Retaining the gaming machine reduction target of 3000 machines and formulating a more efficient system for clubs and hotels to sell their machine entitlements;

Prohibiting gaming rooms from operating on Good Friday and Christmas Day, and;

Retaining the current limit of machines at club venues.

Further, in addition to expanding the scope of the Gamblers Rehabilitation Fund and ensuring that money won by barred patrons and any unclaimed winnings are paid direct into the fund, the state government will also inject an additional one million dollars a year, to go towards initiatives to help, for instance, venues seek out and identify problem gamblers in venues and refer them to appropriate help services.

The government is confident that this package of amendments supports a vibrant hospitality sector, while ensuring there are sufficient harm minimisation controls and help available to those who are at risk and meeting the broader community's expectations around responsible and safe gambling.

I commend this Bill to the House and seek leave to insert the explanation of clauses into Hansard without my reading it.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Authorised Betting Operations Act 2000

4—Insertion of section 2

This clause inserts a new section as follows:

2—Objects

This section sets out the objects of the Act.

5—Amendment of section 3—Interpretation

This clause amends several definitions in the Act consequent on other amendments in the measure.

6—Insertion of section 3A

This clause inserts a new section as follows:

3A—Interaction with Gambling Administration Act 2019

The proposed section provides that the Authorised Betting Operations Act 2000 and the Gambling Administration Act 2019 will be read together as a single Act.

7—Amendment of section 4—Approved contingencies

The clause amends section 4 to provide that the Commission must, before approving contingencies or varying an approval, be satisfied that betting operations in relation to the contingencies does not allow betting in relation to amateur sporting events or sporting events where the only participants are children.

8—Insertion of section 4A

This clause inserts a new section as follows:

4A—Fit and proper person

The proposed section consolidates and expands the fit and proper person provisions currently found in various sections in the Act to make them consistent with the fit and proper person provisions to be enacted in the Casino Act 1997 and the Gaming Machines Act 1992.

9—Amendment of section 5—Close associates

This clause amends provisions dealing with when a person will be taken to be a close associate of a person for the purposes of the Act to make them consistent with the close associate provisions in the Casino Act 1997 and the Gaming Machines Act 1992.

10—Substitution of sections 6A and 6B

This clause deletes sections 6A and 6B, which are now located in the Gambling Administration Bill 2019 and substitutes the following section:

6A—Commissioner may approve staff training courses

The proposed section provides for the Commissioner to approve courses of training to be undertaken by staff involved in betting operations.

11—Amendment of section 12—Approved licensing agreements

This clause makes an amendment consequential on the provisions in the Gambling Administration Bill 2019.

12—Amendment of section 22—Determination of applications

This amendment is consequential on those in clause 8 of the measure.

13—Amendment to section 24—Investigative powers

This clause makes an amendment consequential on the provisions in the Gambling Administration Bill 2019.

14—Insertion of Part 2 Division 6A

This clause inserts a new Division into Part 2 as follows:

Division 6A—Notification of change of prescribed particulars

26A—Licensee to notify change of particulars

The proposed section requires the holder of a major betting operations licence to notify the Commissioner within 14 days of any change in prescribed particulars. Prescribed particulars are defined as any address for service or other email address, telephone number or street or postal address provided by the licensee to the Commissioner for purposes connected with the licence, or other particulars of a kind prescribed by the regulations.

15—Amendment of section 27—Accounts and audit

This clause makes an amendment consequential on the relocation of provisions into the Gambling Administration Bill 2019.

16—Repeal of section 28

This clause makes an amendment consequential on the relocation of these provisions to the Gambling Administration Bill 2019.

17—Repeal of Part 2 Division 9

These provisions are proposed to be relocated to the Gambling Administration Bill 2019.

18—Amendment of section 34—Classes of licences

This clause deletes obsolete provisions.

19—Amendment of section 37—Application for grant or renewal, or variation of condition, of licence

This clause makes a consequential amendment.

20—Amendment of section 38—Determination of applications

These amendments are consequential on those in clause 8 of the measure.

21—Insertion of section 38B

This clause inserts a new section as follows:

38B—Licensee to notify change of particulars

The proposed section requires the holder of a licence under Part 3 of the Act to notify the Commissioner within 14 days of any change in prescribed particulars. Prescribed particulars are defined as any address for service or other email address, telephone number or street or postal address provided by the licensee to the Commissioner for purposes connected with the licence, or other particulars of a kind prescribed by the regulations.

22—Amendment of section 40A—Authorisation of interstate betting operators

This clause amends section 40A to provide that the notice required to be given under the section must be given in the manner and form required by the Commissioner, and that a copy of such notice must be available for inspection on a website to which the public has access free of charge.

23—Insertion of section 40AA

This clause inserts a new section as follows:

40AA—Interstate betting operator to notify change of particulars

The proposed section requires an interstate betting operator to notify the Commissioner within 14 days of any change in prescribed particulars. Prescribed particulars are defined as any address for service or other email address, telephone number or street or postal address provided by the operator to the Commissioner for purposes connected with the authorisation, or other particulars of a kind prescribed by the regulations.

24—Amendment of section 43—Prevention of betting by children

This clause makes an amendment consequential on measures in the Gambling Administration Bill 2019.

25—Repeal of sections 52 and 53

This clause repeals obsolete provisions.

26—Amendment of section 54—Places at which bets may be accepted by bookmakers

This clause deletes an obsolete provision.

27—Amendment of section 60—Prevention of betting with children by bookmaker or agent

This clause makes an amendment consequential on measures in the Gambling Administration Bill 2019.

28—Amendment of section 62A—Prevention of betting by children

This clause makes an amendment consequential on measures in the Gambling Administration Bill 2019.

29—Repeal of Part 5

The provisions in this Part are proposed to be relocated to the Gambling Administration Bill 2019.

30—Amendment of heading to Part 6 Division 1

This clause makes a technical amendment.

31—Repeal of sections 67 to 73

These sections are proposed to be relocated to the Gambling Administration Bill 2019.

32—Amendment of section 73A—Disciplinary action for taxation defaults

This amendment is consequential on provisions dealing with disciplinary action being relocated to the Gambling Administration Bill 2019.

33—Amendment of section 76—Administrators, controllers and liquidators

The amendments in subclauses (1) to (4) are of a technical nature. Subclause (5) inserts a new provision requiring an administrator, controller or liquidator of an authorised betting operator to notify the Commissioner within 7 days of assuming control of a business conducted under a licence or authorisation under the Act.

34—Repeal of Part 7

The provisions in this Part are proposed to be relocated to the Gambling Administration Bill 2019.

35—Amendment of section 84—Offences by bodies corporate

This clause makes consequential amendments.

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

This clause inserts a new subsection (2) stating that the provisions in the section apply in addition to those proposed by the Gambling Administration Bill 2019.

37—Repeal of section 88

The repealed section is proposed to be enacted by the Gambling Administration Bill 2019.

38—Amendment of section 89—Evidence

These amendments are consequential on provisions proposed to be enacted by the Gambling Administration Bill 2019.

39—Repeal of section 90

The repealed section is proposed to be enacted by the Gambling Administration Bill 2019.

Part 3—Amendment of Casino Act 1997

40—Amendment of section 2A—Object

This clause makes technical amendments to align the objects of the Act with other gambling Acts.

41—Amendment of section 3—Interpretation

This clause amendments several definitions in the Act consequential on other amendments in the measure.

42—Insertion of section 3A

This clause inserts a new section as follows:

3A—Interaction with Gambling Administration Act 2019

The proposed section provides that the Act is to be read together with the Gambling Administration Act 2019 as a single Act.

43—Amendment of section 4—Close associates

The clause amends the section to make it consistent with the close associates provisions in other gambling Acts.

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

The amendments to section 14 provide that appeals against orders made under the section are to be made to the Licensing Court, instead of the Supreme Court.

45—Amendment of section 14B—Approval of designated persons

The clause amends the section to make the provisions regarding whether a person is a suitable person, or a fit and proper person, for the purposes of the Act to be consistent with those in other gambling Acts.

46—Insertion of Part 4 Division 1AA

This clause inserts a new Division as follows:

Division 1AA—Right of entry to casino premises

27AA—Right of entry to casino premises

The section provides that no person has a right to enter or remain on casino premises except with the permission of the casino licensee.

47—Amendment of section 27A—Gambling only allowed in enclosed areas

This amendment updates an obsolete reference.

48—Substitution of Part 4 Divisions 2 and 3

This clause deletes Part 4 Divisions 2 and 3 and substitutes a new Division 2 as follows:

Division 2—Casino management and staff

28—Interpretation

The proposed section defines key terms to be used in the Division, including special employee, defined as a person employed or appointed by the licensee to carry out any of the following duties in respect of operations under the casino licence:

conducting authorised games;

handling, dealing with and accounting for money or gambling chips in the casino premises;

exchanging money or chips for casino patrons;

security and surveillance of the casino premises;

operating, maintaining, constructing or repairing equipment for gambling;

duties relating to intervention programs for patrons adversely affected by, or at risk of harm from, gambling;

duties relating to the operation and conduct of gambling in premium gaming areas, including premium player attraction programs;

accounting;

supervising the carrying out of the duties set out above;

any other duties related to the operations under the casino licence specified by the Commissioner for the purposes of this definition and notified to the licensee.

29—Licensee to notify Commissioner of appointment of special employees

The proposed section makes it a condition of the casino licence for the licensee to notify the Commissioner within 14 days of the employment or appointment, or the ceasing of employment or appointment of a person as a special employee. This provision is not to apply in respect of a designated person or in respect of an administrator, controller or liquidator of the licensee.

30—Commissioner may notify Commissioner of Police of appointment of special employees

The proposed section allows the Commissioner to provide to the Commissioner of Police a notice of the employment or appointment of a person as a special employee, and requires the Commissioner of Police to make available to the Commissioner any information about that person's criminal convictions or other information that is relevant as to whether the Commissioner should issue a prohibition notice in relation to the person.

31—Commissioner may give prohibition notice

The proposed section allows the Commissioner, by notice, to prohibit a person from carrying out duties as a special employee either permanently or for a specified period, and provides other formal provisions in relation to the giving, revocation or variation of the notice.

32—Offences in relation to special employees

Proposed subsection (1) makes it an offence with a maximum penalty of $20,000 for the licensee to employ or appoint a minor or a person of a prescribed class to be a special employee.

Proposed subsection (2) makes it an offence with a maximum penalty of $20,000 for the licensee to permit a special employee to carry out duties unless their appointment has been notified to the Commissioner.

Proposed subsection (3) provides that the offences in this section do not apply in respect of a designated person or in respect of an administrator, controller or liquidator of the licensee.

33—Identity cards

The proposed section sets out the requirements for designated persons and special employees in respect of wearing and producing identity cards while on duty on casino premises, and a range of penalties and expiations for non compliance with the provisions.

34—Certain staff not to gamble

Proposed subsection (1) provides for an offence with a maximum penalty of $10,000 or imprisonment for 6 months for a designated person or special employee to gamble on the casino premises while carrying out their duties.

Proposed subsection (2) provides for an offence with a maximum penalty of $5,000 for a staff member (other than a designated person or a special employee) who gambles on casino premises while working on casino premises.

35—Special employees and designated persons not to accept gratuities

The proposed section provides for an offence with a maximum penalty of $20,000 for a designated person or special employee to accept a gift or gratuity, other than a gratuity of a kind or given in circumstances approved by the Commissioner.

36—Staff exempt from Security and Investigation Industry Act 1995

The proposed section provides an exemption from the provisions of the Security and Investigation Industry Act 1995 for staff of the casino.

37—Commissioner may give exemption from application of Division

The proposed section provides that the Commissioner may, by instrument in writing, exempt the licensee, a designated person, a special employee or a staff member from compliance with the proposed Division to an extent specified in the instrument of exemption.

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

These amendments replace the term 'authorised officer' with 'inspector'.

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

The amendment in subclause (1) replaces the term 'authorised officer' with 'inspector'. The amendment in subclause (2) clarifies that certain approved equipment must not be removed or destroyed without the approval of the Commissioner.

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

The clause inserts new subsections (8) and (9) which provide for the manner in which the Commissioner may vary or revoke and approval made under the section.

52—Substitution of section 40B

This clause substitutes section 40B and inserts new provisions as follows:

40B—Commissioner may approve certain systems to be operated in connection with authorised games, gaming machines and automated table game equipment

The proposed section provides that the Commissioner may approve certain systems as outlined in the proposed section to be operated in connection with authorised games, approved gaming machines or automated table game equipment. It also requires licensees to provide information to the Commissioner that has been recorded by an approved system. The proposed section further provides for the manner in which the Commissioner may vary or revoke an approval made under the proposed section.

40C—Commissioner may approve staff training courses

The proposed section provides that the Commissioner may approve courses of training to be undertaken by casino staff, and the manner in which the Commissioner may vary or revoke such an approval.

40D—Commissioner may approve facial recognition system

The proposed section provides for the manner in which the Commissioner may approve a facial recognition system. A facial recognition system is defined as a system operated by the licensee that enables the facial image of a person who is about to enter a gaming area to be recognised, identified and recorded.

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

Subclause (1) inserts a new subsection (2a) to provide that in proceedings for an offence against subsection (2), an allegation in the information that a particular device was designed, adapted or intended to be used for the purpose of interfering with the proper operation of a system, equipment, machine or game approved under Part 4 Division 4 will be accepted as proved in the absence of proof to the contrary. Subclauses (2) and (3) replace a general reference to an authorised staff member in subsection (4) to a special employee within the meaning of the definition proposed in section 28.

54—Repeal of section 41A

These provisions are proposed to be enacted by the Gambling Administration Bill 2019.

55—Amendment of section 41B—Compliance with codes of practice

These amendments are consequential.

56—Amendment of section 42B—Provisions relating to authorised games, gaming machines and automated table games

The clause amends several provisions in the section to provide for requirements for gaming machines and automated table games only to be operated if certain criteria as specified in the section are met.

57—Insertion of section 42D

This clause inserts a new section as follows:

42D—Provisions relating to operation of facial recognition system

The proposed section makes it a condition of the casino licence for the licensee to operate a facial recognition system approved under proposed section 42D in accordance with any requirements prescribed by the regulations. A further condition provides that the licensee must not allow a person to enter a gaming area unless the licensee has caused a record of the person's facial image to be made by means of a facial recognition system in accordance with any requirements prescribed by the regulations.

58—Amendment of section 43—Exclusion of children

The clause makes amendments to increase all penalty provisions in the section and provide that all offences are to be expiable.

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

The amendments in this clause make the provision consistent with licensee barring provisions in other gambling Acts.

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

The amendments in this clause make this provision consistent with Commissioner barring provisions in other gambling Acts.

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

The amendments in this clause make this provision consistent with Commissioner of Police's barring provisions in other gambling Acts.

62—Repeal of Part 4 Division 8

The provisions of the repealed section are proposed to be enacted by the Gambling Administration Bill 2019.

63—Amendment of section 47A—Requirement for Commissioner to consult licensee

This clause makes a consequential amendment.

64—Amendment of section 48—Accounts and audit

Subclause (1) removes a provision requiring accounts to be kept in a particular form. Subclause (2) inserts a requirement for the licensee to provide to the Treasurer or Commissioner, on their request, a copy of the audited accounts in relation to the operation of the licensed business.

65—Repeal of section 49

The clause repeals the requirement for the licensee to supply a copy of audited accounts to the Commissioner. Provisions proposed in the Gambling Administration Bill 2019 will allow the Commissioner to request copies of audited accounts.

66—Repeal of Part 6

The provisions in the repealed Part are proposed to be relocated to the Gambling Administration Bill 2019.

67—Repeal of Part 7 Divisions 1 to 5

The provisions in the repealed Divisions are proposed to be enacted by the Gambling Administration Bill 2019.

68—Amendment of section 63—Power to appoint manager

The clause inserts requirements for the Commissioner to consult with the Commissioner of Police before making a recommendation as to the appointment of an official manager, and for the Commissioner of Police to provide such information about criminal convictions and other information as may be relevant to whether or not the Commissioner recommends a person for appointment.

69—Amendment of section 64A—Administrators, controllers and liquidators

The clause inserts a provision requiring an administrator, controller or liquidator to notify the Commissioner within 7 days of them taking control of the casino business.

70—Repeal of Part 8

The provisions in the repealed Part are proposed to be enacted by the Gambling Administration Bill 2019.

71—Amendment of section 69—Confidentiality of information provided by Commissioner of Police

The clause inserts subsection (2) which provides that the section applies in addition to the provisions proposed to be enacted in Part 3 of the Gambling Administration Bill 2019.

72—Repeal of sections 70 and 71

These provisions are proposed to be enacted by the Gambling Administration Bill 2019.

Part 4—Amendment of Gaming Machines Act 1992

73—Insertion of section 2

This clause inserts a new section as follows:

2—Objects

The proposed section sets out the objects of the Act.

74—Amendment of section 3—Interpretation

This clause amends a number of definitions consequential on other amendments in the measure.

75—Insertion of section 3A

This clause inserts a new section as follows:

3A—Interaction with Gambling Administration Act 2019

The proposed section provides that this Act and the Gambling Administration Act 2019 will be read together as a single Act.

76—Insertion of section 4A

This clause inserts a new section as follows:

4A—Provisions governing whether person is fit and proper

The proposed section consolidates the provisions that were previously enacted elsewhere in the Act as to when a person will be considered a fit and proper person for a particular purpose under the Act. The provisions in this section replicate requirements in other gambling Acts so that the provisions regarding fit and proper persons are consistent across gambling legislation.

77—Repeal of Part 2

The repeal of Part 2 is consequential on these provisions being enacted in the Gambling Administration Bill 2019.

78—Amendment of section 15—Eligibility criteria

The clause updates obsolete legislative references, and makes other amendments consequential on the replacement of the requirement for a social effects certificate with a community impact assessment.

79—Substitution of sections 17A and 17B

This clause deletes section 17A requiring an applicant for certain licences to have a proposed premises certificate, and section 17B which required certain applicants to have a social effect certificate, and replaces them with a requirement for a community impact assessment to be undertaken in respect of the application as follows:

17A—Commissioner to be satisfied that designated application is in community interest

The proposed section requires that the Commissioner may only grant an application for a gaming machine licence or any other applications as determined by the Commissioner (defined as a designated application), if satisfied that it is in the community interest to do so. In determining whether or not a designated application is in the community interest, the Commissioner must apply the community impact assessment guidelines made under proposed section 17B, as well as have regard to the following:

the harm that might be caused by gambling, whether to a community as a whole or a group within a community;

the cultural, recreational, employment or tourism impacts of gambling;

the social impact in, and the impact on the amenity of, the locality of the premises or proposed premises;

any other prescribed matter.

17B—Community impact assessment guidelines

The proposed section provides that the Commissioner must publish guidelines (the community impact assessment guidelines) for the purposes of determining whether or not an application is a designated application for the purposes of proposed section 17A and whether or not a designated application is in the community interest. The proposed section further sets out the requirements for the publication, content, variation and revocation of the guidelines.

17C—Certificate of approval for proposed premises

The proposed section allows for the Commissioner to grant a certificate of approval for proposed premises if the Commissioner has refused to grant a gaming machine licence on the grounds that proposed premises are incomplete. The proposed section further sets out the requirements, limitations terms and conditions of a certificate of approval granted under the section.

80—Amendment of section 18—Requirements for licence application

This clause makes several amendments to section 18 consequential on the amendments in clause 79 and clause 112 of the measure.

81—Amendment of section 19—Certain criteria must be satisfied by all applicants

The clause amends section 19 to allow for the Commissioner to determine that a person need not comply with a requirement to be fit and proper if the person is found to be otherwise fit and proper. This is to prevent duplication of fit and proper inquiries under other legislation.

82—Repeal of section 20

The repeal of section 20 is consequential on the amendments in clause 112 of the measure.

83—Repeal of section 23A

The repeal of this section is consequential on the removal of the requirement to have a proposed premises certificate.

84—Amendment of section 24—Discretion to refuse application

These amendments are technical.

85—Amendment of section 24A—Special club licence

The amendment inserts a new subsection (6) to clarify that nothing in the section will be taken to prevent the grant of the special club licence to some other person or authority in the event of the licence being surrendered or revoked pursuant to the Act, provided that the other person or authority satisfies the Commissioner of the matters set out in section 24A(1) and otherwise complies with the provisions of section 24A as they apply to Club One.

86—Amendment of section 27—Conditions

This amendment aligns the provisions around the hours during which gaming operations may be conducted pursuant to a gaming machine licence with the opening hours of premises to which a liquor licence relates under the Liquor Licensing Act 1997.

87—Amendment of section 27AA—Variation of licence

The clause deletes subsections (4), (5) and (6) consequent on the removal of the requirement for a social effect certificate, and inserts a new subsection (4) to provide that the Commissioner may, after receiving an application for variation of a gaming machine licence, determine that the application is to be a designated application for the purposes of proposed section 17A.

88—Amendment of section 27A—Gaming machine entitlements

These amendments are consequential on those in clause 91 enabling the Commissioner and other persons under an agreement approved by the Commissioner to hold gaming machine entitlements. The section also provides for further details to be included in the register required to be kept under section 27A(4).

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

The clause makes a number of changes to the persons to whom, and circumstances in which, the Commissioner can approve the transfer of gaming machine entitlements held by a person.

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

These amendments are consequential on amendments in clause 89.

91—Insertion of section 27CA

This clause inserts a new section as follows:

27CA—Cancellation of gaming machine entitlements

This section provides that if the Commissioner revokes or accepts a surrender of a gaming machine licence, the relevant gaming machine entitlements are forfeited to the Commissioner who will then cancel the entitlements. Any gaming machines to which the entitlements related may be dealt with under section 16(5) of the Act or in the manner prescribed by the regulations.

92—Substitution of section 27E

Current section 27E which is a statement of Parliamentary intention with regard to gaming machine numbers in the State is replaced with the following:

27E—Statement of Parliamentary intention to reduce gaming machine numbers etc

Proposed subsection (1) expresses Parliament's intention to reduce the number of gaming machines that may be operated in the State to a number prescribed by the regulations (the statutory objective). Proposed subsection (2) provides that the Minister must cause a review to be undertaken with a view to determining how the approved trading system established under section 27B(2) of the Act should be modified in order to meet the statutory objective. Proposed subsection (3) provides that the review must seek and consider submissions from those specified in the subsection. Proposed subsection (4) provides for the time in which the review and report are to be completed. Proposed subsection (5) provides that a copy of the review report is to be tabled in both Houses of Parliament within the specified time.

93—Insertion of Part 3 Divisions 3B and 3C

This clause inserts new Divisions as follows:

Division 3B—Removal etc of gaming machine licence

27F—Removal of gaming machine licence

The proposed section allows the Commissioner, on application, to remove a gaming machine licence from 1 set of premises to another in circumstances as set out in the proposed section.

27G—Commissioner may determine application is a designated application

The proposed section provides that the Commissioner may determine that an application under the proposed Division is to be a designated application for the purposes of proposed section 17A.

Division 3C—Provisions relating to clubs

27H—Dealing with gaming machine licence on amalgamation of clubs

The proposed section provides power for the Commissioner to deal with the gaming machine licenses of amalgamating clubs, as defined in the proposed section.

27I—Transfer of gaming machine licences and gaming machine entitlements

The proposed section allows for the holder of club licences to transfer their licence to the holders of other club licences in circumstances set out in the proposed section.

27J—Commissioner may determine application is a designated application

The proposed section allows the Commissioner, after receiving an application under the proposed Division, to determine that the application is to be a designated application for the purposes of proposed section 17A.

27K—Provisions relating to premises held under a lease

The proposed section sets out further requirements to be met by applicants under the proposed Division if the premises in respect of the licence the subject of the application are held under a lease.

94—Amendment of section 28—Certain licenses only are transferable

The amendments in this clause are consequential.

95—Repeal of section 28AA

The provisions of section 28AA are proposed to be reenacted in proposed clause 112 of the measure.

96—Amendment to section 28AAB—Discretion to grant or refuse application under section 28

This amendment is consequential on the amendments in clause 112 of the measure.

97—Repeal of section 28A

This clause repeals an obsolete section.

98—Amendment of heading to Part 3 Division 5

This amendment is consequential.

99—Repeal of sections 29 and 30

The repeal of these sections is consequential on these provisions being reenacted by clause 112 of the measure.

100—Amendment of section 32—Voluntary suspension

This clause inserts a new subsection (2) which limits the time for which a voluntary suspension of a gaming machine licence will be issued to either 12 months or a longer period determined by the Commissioner. Proposed subsection (3) allows the suspension to be subject to such conditions as the Commissioner thinks fit and of a kind as outlined in the proposed subsection.

101—Amendment of section 32A—Surrender or revocation of certificate of approval

These amendments are consequential on those in clause 79 of the measure.

102—Insertion of sections 34A

This clause inserts a new section as follows:

34A—Suspension or revocation of licence by Commissioner

The proposed section provides that the Commissioner may, by notice, suspend or revoke a gaming machine licence if the licensee does not hold any gaming machine entitlements or the Commissioner is satisfied that gaming operations are not being undertaken.

103—Repeal of Part 3 Division 7

The repeal of this Division is consequential on these provisions being relocated to the Gambling Administration Bill 2019.

104—Repeal of section 38A

This clause repeals an obsolete section.

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

The amendments in this clause give power to the Commissioner to vary an approval made under the section, and provides that the Commissioner must give notice of the variation to the person to whom the approval was given.

106—Insertion of sections 40A, 40B and 40C

This clause inserts new sections as follows:

40A—Commissioner may approve certain systems to be operated in connection with gaming machines

The proposed section allows the Commissioner to approve certain systems to be operated in connection with approved gaming machines and for the variation or revocation of the approvals as set out in the proposed section. The section also provides for a review mechanism in the event that the Commissioner refuses to approve a system or revokes a system approval as permitted under the proposed section.

40B—Commissioner may approve courses of training to be undertaken by gaming managers or gaming employees

The proposed section allows the Commissioner, on application, to approve courses of training to be undertaken by gaming managers or gaming employees, and for the variation or revocation of the approvals in a manner set out in the proposed section.

40C—Approvals in relation to responsible gambling agreements

The proposed section allows the Commissioner, on application, to approve an industry body with whom the holder of a gaming machine licence may enter into a responsible gambling agreement. It also provides for the Commissioner to approve the form of the responsible gambling agreement.

40D—Commissioner may approve facial recognition system

The proposed section provides for the manner in which the Commissioner may approve a facial recognition system. A facial recognition system is defined as a system operated by certain licensees that enables the facial image of a person who is about to enter a gaming area to be recognised, identified and recorded.

107—Repeal of section 41A

The repeal of this section is consequential on these provisions being relocated in the amendments proposed in clause 112 of the measure.

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

The clause deletes subsection (6) which is to be relocated to proposed section 4A as inserted by clause 76.

109—Repeal of sections 42A and 43

The repeal of these sections is consequential on them being relocated in the provisions in clause 112 of the measure.

110—Amendment of section 44—Revocation of approval

This clause amends section 44 to provide that an approval under section 40A or 40B cannot be revoked in accordance with the section.

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

The clause amends the section to provide an exception to the prohibition of links between the holder of a gaming machine dealers licence and the holder of other licenses and other persons as set out in subsection (1). Proposed subsection (1a) provides that a person may hold both a gaming machine dealer's licence and a gaming machine service licence, and be associated with the holder of both these licenses, as provided for in the proposed subsection.

112—Insertion of Part 4B

This clause inserts a new Part as follows:

Part 4B—Applications and submissions

Division 1—Applications

44B—Form of application

The proposed section sets out the requirements for the form of an application to the Commissioner under the Act. The proposed section also gives power to the Commissioner to waive requirements or seek further information in relation to an application, and allows the applicant to vary the application in certain circumstances.

44C—Applications to be given to Commissioner of Police

The proposed section requires certain applications to be given to the Commissioner of Police, and requires the Commissioner of Police to provide information to the Commissioner about criminal convictions and other relevant information in relation to the application.

44D—Notice of certain applications to be given

The proposed section requires certain applications outlined in the proposed section to be notified to the public or on a website as specified in the proposed section.

44E—Commissioner may consider applications concurrently

The proposed section allows the Commissioner to deal concurrently with related applications under the Liquor Licensing Act 1997.

Division 2—Submissions in relation to applications

44F—Commissioner of Police may make written submissions

The proposed section provides for the manner and circumstances in which the Commissioner of Police may make written submissions in relation to an application under the Act.

44G—General right to make written submissions

The proposed section sets out the manner and circumstances in which a person may make written submissions to the Commissioner in relation to an application under the Act.

44H—Further written submissions

The proposed section sets out the circumstances in which the Commissioner may call for or invite a person or body to make further written submissions in relation to an application under the Act.

44I—Conciliation

The proposed section sets out the circumstances in which the Commissioner may endeavour to resolve opposition to an application by conciliation.

44J—Commissioner may refer matters to Court

The proposed section allows the Commissioner to refer an application received for hearing and determination to the Licensing Court.

44K—Hearings etc

The proposed section clarifies that the Commissioner may determine an application either by holding a hearing or on the basis of the application and written submissions without holding a hearing.

44L—Variation of written submissions

The proposed section sets out the circumstances in which the Commissioner may allow written submissions received in relation to an application to be varied.

113—Amendment of section 45—Offence of being unlicensed

The clause inserts new subsections (2) and (3). Proposed subsection (2) provides for the circumstances in which a person will be taken to have possession of a gaming machine for the purposes of the offence in section 45(1) of possessing a gaming machine without being licensed to do so. Proposed subsection (3) provides that a person does not commit the offence of possessing a gaming machine without being licensed if the person possesses the gaming machine in the ordinary course of the person's business involving the transportation or temporary storage of a gaming machine on behalf of the holder of a licence under the Act.

114—Insertion of section 46A

This clause inserts a new section as follows:

46A—Licensee to notify change of particulars

The proposed section requires a licensee to notify the Commissioner within 14 days of the change of any address for service or other address, or any other particulars of a prescribed kind.

115—Repeal of section 47

The provisions of the repealed section are to be relocated to the Gambling Administration Bill 2019.

116—Amendment of section 51—Persons who may not operate gaming machines

The clause deletes subsection (5) consequential on it being relocated to the Gambling Administration Bill 2019.

117—Amendment of section 51B—Cash facilities limitations

Subclause (1) removes the requirement in the regulations for limitations in relation to the obtaining of cash from cash facilities on licensed premises. The limitation is now proposed in subclause (2) which amends subsection (2) to provide 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 by means of any 1 cash facility, in a transaction or set of transactions on that cash facility, on any 1 debit or credit card, within a 24 hour period, an amount of cash that exceeds the sum of $250.

118—Amendment of section 53A—Prohibition of certain gaming machine facilities

The clause recasts subsections (1), (2) and (3), amending the provisions consequentially on other amendments in the measure, and inserting new prohibitions on certain operations in connection with gaming machines.

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

The amendments in subclauses (1) to (3) insert expiation fees to the existing offence provisions. The amendment in subclause (4) inserts a new offence provision for a person who knowingly assists a minor or enables a minor to enter or remain in a gaming area on licensed premises with a maximum penalty of $10,000 and an expiation fee of $1,200.

The amendment in subclause (5) provides that the proceeds of winnings of a minor who operates a gaming machine in contravention of the section are forfeited to the Commissioner and must be paid into the Gamblers Rehabilitation Fund

120—Amendment of section 63—Interference devices

The clause inserts new subsections (2) and (3). Proposed subsection (2) provides that for the purposes of proceedings for an offence against subsection (1), an allegation in an information that a particular device was designed, adapted or intended to be used for the purpose of interfering with the proper operation of an approved gaming machine or an approved game will be accepted as proved in the absence of proof to the contrary. Proposed subsection (3) provides for the circumstances in which a person will be taken to have possession of a device for the purposes of the offence in section 63(1).

121—Amendment of section 64—Sealing of gaming machines

The amendment in subclause (1) is consequential. Subclause (2) inserts 2 new offence provisions. Proposed subsection (3) makes it an offence with a maximum penalty of $5,000 for a licensee to cause a gaming machine to be operated by a person (other than an inspector or approved gaming machine technician) unless it has been sealed. Proposed subsection (4) makes it an offence with a maximum penalty of $5,000 for an approved gaming machine technician, after installing, servicing or repairing an unsealed gaming machine, to fail to seal a gaming machine in the manner approved by the Commissioner.

122—Repeal of Parts 6 and 7

The repeal of Parts 6 and 7 are consequential on the relocation of these provisions to the Gambling Administration Bill 2019.

123—Repeal of section 71A

This clause repeals an obsolete provision.

124—Amendment of section 72A—Gaming tax

The amendment in this clause increases the amount to be paid by the Treasurer in each financial year into the Gamblers Rehabilitation Fund from $3.845 million to $4.845 million.

125—Amendment of section 73BA—Gamblers Rehabilitation Fund

The amendment in subclause (1) make technical and consequential amendments. Subclause (2) removes the current requirement in section 73BA(5) for 85 per cent of money paid into the Fund to be applied towards programs for rehabilitating problem gamblers. The proposed section (5) provides for a list of programs towards which the Fund may be applied. Subclause (3) inserts a new subsection (6) requiring the Minister responsible for the administration of the Fund to provide an annual report on the application of the Fund.

126—Repeal of section 74

The repeal of section 74 is consequential on the relocation of this provision to the Gambling Administration Bill 2019.

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

The amendment in subclause (1) amends section 76(2) to provide that a person aggrieved of a decision under section 76(1) may apply for a review of the decision within 14 days of being informed of the decision. Subclause (2) inserts a new section 76(4) that sets out what happens to winnings withheld from a person under that section.

128—Insertion of section 76AA

This clause inserts a new section as follows:

76AA—Unclaimed winnings

The proposed section sets out the manner in which unclaimed winnings and residual jackpots on gaming machines of or above the prescribed amount are to be dealt with by a licensee.

129—Repeal of section 80

The repeal of section 80 is consequential on these provisions being relocated to the Gambling Administration Bill 2019.

130—Repeal of section 82

The repeal of section 80 is consequential on these provisions being relocated to the Gambling Administration Bill 2019.

131—Amendment of section 85—Vicarious liability

This clause makes a consequential amendment.

132—Repeal of section 85A

The repeal of section 85A is consequential on these provisions being relocated to the Gambling Administration Bill 2019.

133—Amendment of section 86—Evidentiary provision

This clause makes consequential amendments.

134—Insertion of section 86A

This clause inserts a new section as follows:

86A—Commissioner to recover administration costs

The proposed section provides for the Commissioner, by notice to a licensee, to recover from a licensee of a prescribed class, the administration costs for a relevant financial year. The licensee must pay the amount to the Commissioner within 28 days of receiving the notice, and the Commissioner may suspend a licence until the licensee pays the amount and may recover any unpaid amount as a debt due to the State.

Administration costs is defined as the cost of administering the Act arising out of, or in connection with, the carrying out of the Commissioner's administrative and regulatory functions in respect of a licensee, or a particular class of licensee, in the relevant financial year. The relevant financial year is to be designated by the Minister by notice in the Gazette.

135—Amendment of Schedule 1—Gaming machine licence conditions

The clause makes amendments consequential on other amendments in the measure and also inserts the following new conditions:

a condition requiring gaming licensees to provide to the Commissioner, on request, information recorded by a system approved under section 40A in a manner and form and within a time specified in the request;

in the case of a licence authorising the operation of 30 or more gaming machines any 1 of which may be operated by the insertion of a banknote, a condition that the licensee must operate a facial recognition system approved under proposed section 40D in accordance with any requirements prescribed by the regulations. A further condition provides that the licensee must not allow a person to enter a gaming area unless a record of the person's facial image has been made by means of the facial recognition system in accordance with any requirements prescribed by the regulations.

136—Amendment of Schedule 2—Gaming machine monitor licence conditions

The clause inserts a new condition for a gaming machine monitor licence that the licensee must provide to the Commissioner, on request, information recorded by the monitoring system in a manner and form and within a time specified in the request.

Part 5—Amendment of Liquor Licensing Act 1997

137—Amendment of section 7—Close associates

This clause amends provisions dealing with whether a person is a close associate of another for the purpose of the Act to provide consistency across Acts under which the Liquor and Gambling Commissioner has functions and powers.

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

138—Amendment of section 3—Interpretation

These amendments are consequential on provisions in the Gambling Administration Bill 2019.

139—Amendment of section 7—Complaints

These amendments are consequential on provisions in the Gambling Administration Bill 2019.

140—Amendment of section 11—Conduct of proceedings

These amendments are consequential on provisions in the Gambling Administration Bill 2019.

141—Amendment of section 13—Notification of orders by Commissioner

These amendments are consequential on provisions in the Gambling Administration Bill 2019.

142—Amendment of section 15—Removal of respondent barred from certain premises

These amendments are consequential on provisions in the Gambling Administration Bill 2019.

Part 7—Amendment of State Lotteries Act 1966

143—Repeal of section 13B

The provisions in the repealed section are to be relocated to the Gambling Administration Bill 2019.

144—Amendment of section 13C—Compliance with codes of practice under Gambling Administration Act 2019

This amendment is consequential on provisions in the Gambling Administration Bill 2019.

Schedule 1—Savings and transitional provisions etc

Part 1—Transitional and other provisions—Authorised Betting Operations Act 2000

1—Transitional and other provisions

This clause makes transitional provisions consequential on the measure.

Part 2—Transitional and other provisions—Casino Act 1997

2—Transitional and other provisions

This clause makes transitional provisions consequential on the measure.

Part 3—Transitional and other provisions—Gaming Machines Act 1992

3—Transitional and other provisions

This clause makes transitional provisions consequential on the measure.

Debate adjourned on motion of Hon. I.K. Hunter.