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This is a Bill, not an Act. For current law, see the Acts databases.
GAMING MACHINE AMENDMENT BILL 2004
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Gaming
Machine Amendment Bill 2004
Contents
Page
2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Gaming Machine
Amendment Bill 2004
A Bill for
An Act to amend the
Gaming Machine Act 1987
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Gaming Machine Amendment Act 2004.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
This Act amends the Gaming Machine Act 1987.
4 Application
for licenceSection 14 (2) (b)
(ii)
omit
5 New
section 14 (2) (da) and (db)
insert
(da) for a corporation (including a club)—must state in relation to
each relevant influential person the nature of the person’s relationship
to the corporation; and
(db) must be accompanied by a social impact assessment; and
insert
(3) A social impact assessment must comply with the guidelines under
section 14AB.
renumber paragraphs and subparagraphs when Act next republished under
Legislation Act
8 New
sections 14AA and 14AB
after section 14, insert
14AA Additional requirements for social impact
assessments
(1) This section applies if a person applies for a licence under
section 14.
(2) The applicant must publish an advertisement about the application in a
newspaper published and circulating in the ACT.
Note If a form is approved under the Control Act, s 53D for an
advertisement, the form must be used.
(3) The advertisement must state that—
(a) the social impact assessment for the application will be available for
inspection by members of the public at the commission’s office during
ordinary business hours; and
(b) any written submissions about the social impact assessment may be made
to the commission within 6 weeks after the day the advertisement is
published.
(4) The applicant must give a copy of the advertisement and evidence of
the date of publication of the advertisement to the commission.
(5) The commission must not decide the application until the 6-week period
has ended.
(6) The commission must make the social impact assessment available for
inspection by members of the public at the commission’s office during
ordinary business hours during the 6-week period.
14AB Guidelines about social impact
assessments
(1) The Minister may, in writing, make guidelines in relation to social
impact assessments, including, for example—
(a) the requirements that must be satisfied by a social impact assessment;
and
(b) the matters to be assessed or addressed by a social impact assessment;
and
(c) the information to be given by a social impact assessment.
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
(2) Guidelines are a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
substitute
15 Issue or refusal of licences—general and on
licensees
(1) This section applies if the holder of a general licence or an on
licence applies for a licence for the premises to which the general licence or
on licence applies.
(2) The commission must issue the licence if satisfied
that—
(a) the application complies with section 14; and
(b) the applicant has complied with any requirement made by the commission
under the Control Act, section 22 (Power to require information, instruments or
records or attendance for examination) in relation to the application;
and
(c) the size and layout of the premises are suitable for the installation
and use of gaming machines; and
(d) for an application by an individual—the applicant is an adult;
and
(e) for an application by a corporation—the directors of the
corporation are adults; and
(f) the operation of gaming machines on the premises will be conducted in
a responsible way; and
(g) there will be no adverse impact on any school, community facility,
sporting facility, or place of public worship located near the premises;
and
(h) the overall economic and social impact of issuing the licence will not
be harmful to any community that is within 5km of the premises.
(3) For subsection (2) (f), (g) and (h), the commission must take into
account—
(a) the social impact assessment for the application; and
(b) any written submissions made to the commission under section 14AA
(Additional requirements for social impact assessments) about the social impact
assessment.
(4) Subsection (3) does not limit the matters the commission may take into
account.
(5) This section is subject to the following sections:
• section 15A (Issue or refusal of licences—relevant
influential person)
• section 16 (Issue of licence)
• section 18 (Conditions for issue of licences—gaming
machines)
• section 20 (Conditions for issue of
licences—premises).
substitute
15A Issue or refusal of licences—relevant
influential person
11 Section
15A (1) (b) (ii)
substitute
(ii) if the holder is a corporation—to a relevant influential person
for the corporation.
12 Conditions
for issue of licences—gaming
machinesSection 18 (3)
(a)
substitute
(a) except for class B gaming machines; or
13 ApplicationSection
23A (2)
omit
2004
substitute
2005
14 The
required community contributionsNew section
60G (4) and (5)
insert
(4) For every $3 of women’s sport community contributions that a
club contributes to an organisation specified under section 60B (1), the
club’s required community contributions must be worked out as if the club
had contributed $4.
(5) In subsection (4):
women’s sport community contributions means community
contributions that the commission is satisfied will have the effect mentioned in
section 60B (1) (c).
15 Dictionary,
definition of relevant influential person
substitute
relevant influential person, for a corporation,
means—
(a) a director or secretary of the corporation; or
(b) a person who—
(i) is substantially concerned in the management of the corporation;
or
(ii) can control, or substantially influence, the corporation’s
activities or internal affairs.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2004.
2 Notification
Notified under the Legislation Act on 2004.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
©
Australian Capital Territory 2004
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