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NATIONAL GAMBLING REFORM ACT 2012 (NO. 193, 2012)
TABLE OF PROVISIONS
Long Title
CHAPTER 1--Preliminary
PART 1--PRELIMINARY
1. Short title
2. Commencement
3. Guide to this Act
4. Object of this Act
5. Definitions
6. Meaning of gaming machine
7. References to premises
8. Persons who engage in conduct alone or together with others
9. Meaning of small gaming machine premises
10. Act binds the Crown
11. Concurrent operation with State and Territory laws
12. Constitutional limitations
PART 2--APPLICATION OF THIS ACT
13. Application of precommitment system and dynamic warning requirements
14. Application of automatic teller machine requirements
15. Application of manufacturing and importing requirements
16. Application of supervisory levy
17. Application of gaming machine regulation levy
18. Performance of functions etc. after commencement
CHAPTER 2--National gambling reforms
PART 1--GUIDE TO THIS CHAPTER
19. Guide to this Chapter
PART 2--PRECOMMITMENT SYSTEMS
Division 1--Registration through precommitment system for user who chooses to register
20. When a gaming machine is not compliant
21. Precommitment system to provide for registration and cancellation
22. Registration process for user who chooses to register
23. Identification requirements during registration for user who chooses to register
24. Exclusion from system--setting a loss limit of $0
25. Requirements for limit periods for user who chooses to register
26. Changing, revoking and setting loss limits and limit periods after initial registration
27. When changes to loss limits or limit periods may take effect
Division 2--Precommitment system requirements if a person chooses to use a gaming machine as a registered user
28. Registration of registered user to comply with requirements
29. Identification of registered user
30. Monitoring and transmitting expenditure and winnings for registered user
31. Precommitment information for registered user
32. No use of gaming machine by registered user after loss limit reached
Division 3--Other requirements for precommitment systems
33. Capability requirement for precommitment systems
34. Transaction statement for registered user
35. Additional requirements for precommitment systems in regulations
36. No national database of protected information from precommitment systems
PART 3--DYNAMIC WARNINGS
37. When a gaming machine is not compliant
38. Dynamic warnings
PART 4--ATM--WITHDRAWAL LIMIT FOR GAMING MACHINE PREMISES (OTHER THAN CASINOS)
39. ATM withdrawal limit for gaming machine premises (other than casinos)
40. Indexation
41. Anti-avoidance--determination of gaming machine premises
PART 5--PROVISIONS RELATED TO NATIONAL GAMBLING REFORMS
Division 1--Exemptions from ATM withdrawal limit
42. Exemptions from ATM withdrawal limit--regulations
43. Exemptions from ATM withdrawal limit--application to Regulator
44. Process for deciding exemptions
45. Effect of exemptions on State or Territory law
Division 2--Approvals and licences for precommitment systems
Subdivision A--Approving precommitment systems
46. Applications for approvals
47. Form of applications
48. Requiring further information
49. Amendment and withdrawal of applications
50. Testing precommitment systems
51. Approving precommitment systems and variations to approved terms and conditions
52. Notification of approvals
53. Changes to precommitment requirements
54. Revocation of approvals
55. Civil penalty for failing to provide precommitment system in accordance with approved terms and conditions
Subdivision B--Licences for providing etc
56. Regulations may provide in relation to licensing persons who provide etc. precommitment systems
CHAPTER 3--Civil penalty provisions for non-compliance with national gambling reforms
PART 1--GUIDE TO THIS CHAPTER
57. Guide to this Chapter
PART 2--GAMING MACHINES THAT DO NOT COMPLY WITH PRECOMMITMENT AND DYNAMIC WARNING REQUIREMENTS
58. Making non-compliant gaming machine available for use
PART 3--AUTOMATIC TELLER MACHINES THAT DO NOT COMPLY WITH WITHDRAWAL LIMIT REQUIREMENTS
Division 1--Constitutional provisions
59. Application of this Part
60. Additional operation of this Part
61. Part not to apply to State banking
Division 2--Civil penalty provisions
62. Occupying premises containing non-compliant automatic teller machine
63. Providing non-compliant automatic teller machine
64. Civil penalty provision contravened without a person withdrawing more than cash limit
65. Exception for premises covered by exemption and casinos
CHAPTER 4--Privacy
PART 1--GUIDE TO THIS CHAPTER
66. Guide to this Chapter
PART 2--PRIVACY
Division 1--Offences for unauthorised disclosure or use of protected information
67. Offences for unauthorised disclosure or use of protected information
Division 2--Authorised disclosure or use by Regulator, other entrusted persons and others
Subdivision A--Authorised disclosure or use by Regulator, other entrusted persons and others
68. Authorised disclosure or use--official duties
69. Who may disclose or use information in accordance with sections 70 to 73
70. Authorised disclosure--law enforcement
71. Authorised disclosure or use--consent
72. Authorised disclosure--threat to life or health
73. Authorised disclosure--publicly available information
Subdivision B--Authorised disclosure by Regulator
74. Authorised disclosure--Minister
75. Authorised disclosure--Commonwealth, State and Territory agencies
76. Authorised disclosure--research
77. Authorised disclosure--summaries and statistics
CHAPTER 5--Requirements for manufacturing and importing gaming machines
PART 1--GUIDE TO THIS CHAPTER
78. Guide to this Chapter
PART 2--REQUIREMENTS FOR MANUFACTURING AND IMPORTING GAMING MACHINES
79. Manufacturing gaming machines
80. Importing gaming machines
CHAPTER 6--Liability for, and collection and recovery of, supervisory and gaming machine regulation levies
PART 1--GUIDE TO THIS CHAPTER
81. Guide to this Chapter
PART 2--LIABILITY FOR SUPERVISORY LEVY
82. Purpose of supervisory levy
83. Liability for supervisory levy
84. Who is liable to pay the supervisory levy
84A. Cap on total amount of supervisory levy payable in a calendar year
84B. Setting an upper limit for cap on total amount of supervisory levy
84C. Review by Minister of upper limit for cap on total amount of supervisory levy
PART 3--LIABILITY FOR GAMING MACHINE REGULATION LEVY
85. Liability for gaming machine regulation levy
86. Who is liable to pay the gaming machine regulation levy
PART 4--COLLECTION AND RECOVERY OF SUPERVISORY AND GAMING MACHINE REGULATION LEVIES
Division 1--Assessment of levies
87. Regulator may make assessment of levies
88. Request for assessment
89. Levy liabilities do not depend on assessment
90. Regulator must give notice of the assessment
91. Amendment of assessment
92. Later assessment prevails in case of inconsistency
93. Production of assessment is conclusive evidence
Division 2--Collection of levies
94. Right of contribution if persons are jointly liable
95. Returns
96. When levy due for payment
97. Late payment penalty
98. Payment of levy and late payment penalty
99. Recovery of levy and late payment penalty
100. Refunds of overpayments of levy
Division 3--Miscellaneous
101. Offence for failure to lodge a return
102. Regulations may provide in relation to assessment, collection and recovery
CHAPTER 7--Monitoring and investigation
PART 1--GUIDE TO THIS CHAPTER
103. Guide to this Chapter
PART 2--REGULATOR
104. The Regulator
105. Functions of the Regulator
106. Powers of the Regulator
107. Regulator may charge for services
108. Arrangements with other agencies
109. Consultants
110. Minister may give directions to the Regulator
111. Annual report
PART 3--AUTHORISED PERSONS
112. Appointment of authorised persons
113. The Regulator is an authorised person
114. Identity cards
115. Offence for not returning identity card
PART 4--INSPECTING PUBLIC AREAS OF GAMING MACHINE PREMISES
116. Inspection powers in public areas of gaming machine premises
PART 5--MONITORING
Division 1--Monitoring powers
117. Authorised person may enter premises by consent or under a warrant
118. Monitoring powers of authorised persons
119. Operating electronic equipment
120. Accessing data held on certain premises--notification to occupier
121. Expert assistance to operate electronic equipment
122. Securing evidence of the contravention of a related provision
Division 2--Persons assisting authorised persons
123. Persons assisting authorised persons
Division 3--Monitoring warrants
124. Monitoring warrants
PART 6--INVESTIGATION
Division 1--Investigation powers
125. Authorised person may enter premises by consent or under a warrant
126. Investigation powers of authorised persons
127. Operating electronic equipment
128. Accessing data held on certain premises--notification to occupier
129. Expert assistance to operate electronic equipment
130. Seizing evidence of contraventions of related provisions
Division 2--Persons assisting authorised persons
131. Persons assisting authorised persons
Division 3--General provisions relating to seizure
132. Copies of seized things to be provided
133. Receipts for seized things
134. Return of seized things
135. Issuing officer may permit a seized thing to be retained
136. Disposal of seized things
137. Compensation for acquisition of property
Division 4--Investigation warrants
138. Investigation warrants
139. Investigation warrants by telephone, fax etc.
140. Authority of warrant
141. Offence relating to warrants by telephone, fax etc.
142. Completing execution of an investigation warrant after temporary cessation
143. Completing execution of an investigation warrant stopped by court order
PART 7--GENERAL PROVISIONS RELATING TO MONITORING AND INVESTIGATION
Division 1--Obligations of authorised persons in entering premises
144. Consent
145. Announcement before entry under warrant
146. Authorised person to be in possession of warrant
147. Details of warrant etc. to be given to occupier
Division 2--Other powers of authorised persons
Subdivision A--Asking questions and seeking production of documents
148. Authorised person may ask questions and seek production of documents
Subdivision B--Opening gaming machines
149. Authorised person may open gaming machines
150. Authorised person to notify about broken seals and reseal gaming machines
151. Relationship with State or Territory laws
Division 3--Occupier's rights and responsibilities on entry
152. Occupier entitled to observe execution of warrant
153. Occupier to provide authorised person with facilities and assistance
Division 4--Miscellaneous
154. Powers of issuing officers
155. Compensation for damage to electronic equipment
156. Compensation for damage to gaming machine
PART 8--REQUIRING PERSONS TO GIVE INFORMATION, PRODUCE DOCUMENTS AND KEEP RECORDS
157. Power to require persons to give information, produce documents or answer questions
158. Translation of documents
159. Record keeping requirements
CHAPTER 8--Enforcement
PART 1--GUIDE TO THIS CHAPTER
160. Guide to this Chapter
PART 2--CIVIL PENALTY PROVISIONS
Division 1--Obtaining a civil penalty order
161. Civil penalty orders
162. Civil enforcement of penalty
163. Conduct contravening more than one civil penalty provision
164. Multiple contraventions
165. Proceedings may be heard together
166. Civil evidence and procedure rules for civil penalty orders
167. Contravening a civil penalty provision is not an offence
Division 2--Civil proceedings and other enforcement action
168. Civil proceedings after other enforcement action
169. Other enforcement action during civil proceedings
170. Other enforcement action after civil proceedings
171. Evidence given in civil proceedings not admissible in criminal proceedings
Division 3--Miscellaneous
172. Ancillary contravention of civil penalty provisions
173. Mistake of fact
174. State of mind
175. Civil penalty provisions contravened by employees, agents or officers
PART 3--INFRINGEMENT NOTICES
176. When an infringement notice may be given
177. Matters to be included in an infringement notice
178. Extension of time to pay amount
179. Withdrawal of an infringement notice
180. Effect of payment of amount
181. Effect of this Part
PART 4--INJUNCTIONS
182. Grant of injunctions
183. Interim injunctions
184. Discharging or varying injunctions
185. Certain limits on granting injunctions not to apply
186. Other powers of a relevant court unaffected
PART 5--ENFORCEABLE UNDERTAKINGS
187. Acceptance of undertakings
188. Enforcement of undertakings
PART 6--COMPLIANCE NOTICES
189. Compliance notices
190. Review of compliance notices
PART 7--MISCELLANEOUS
191. Regulator may publicise certain offences and contraventions
CHAPTER 9--Research, reviews and other provisions
PART 1--GUIDE TO THIS CHAPTER
192. Guide to this Chapter
PART 2--RESEARCH, REVIEWS AND OTHER PROVISIONS
Division 1--Research and reviews
193. Productivity Commission review of results of trial if trial conducted
194. Productivity Commission review of other matters
195. Requirements for referrals to Productivity Commission and reports
196. Research into gambling
197. Expert Advisory Group on Gambling
Division 2--Other provisions
198. Internal review of reviewable decisions
199. AAT review of decisions
200. Delegation
201. Regulations
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