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TASMANIA
__________
GAMING (MISCELLANEOUS AMENDMENTS)
BILL 2013
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - GAMING CONTROL ACT 1993 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 15 amended (Commission to define casino and gaming
operator premises)
6. Section 38 amended (Matters to be considered in determining
application)
7. Section 44 amended (Amendment of licensed premises gaming
licence and conditions)
8. Sections 75B and 75C inserted
75B. Expiry and renewal of listing on Roll
75C. Variation of listing on Roll
9. Section 76W repealed
10. Section 76Y amended (When Tasmanian gaming licence and
gaming endorsement take effect)
11. Section 76ZX amended (Restrictions on conduct of gaming
activity)
[Bill 18]-IV
12. Section 76ZZC amended (Prohibition on licensed technician and
special employee wagering)
13. Section 76ZZE inserted
76ZZE. Installation and storage of gaming equipment by
licensed provider
14. Section 76ZZGA inserted
76ZZGA. Amendment of approval of gaming equipment
15. Section 77B amended (Application for foreign games permit)
16. Section 77O substituted
77O. Variation of foreign games permit and conditions
17. Section 77P amended (Renewal of foreign games permit)
18. Section 94 amended (Credit, &c.)
19. Section 145 amended (Other returns by gaming operators)
20. Section 148 amended (Licensed premises gaming licence fee)
21. Section 148A amended (Annual Tasmanian gaming licence fee)
22. Section 151 amended (Community support levy)
23. Section 153A amended (Gaming and wagering guarantee)
24. Section 159 amended (Conflict of interest and duty)
25. Section 174 amended (Regulations)
PART 3 - GAMING CONTROL ACT 1993 FURTHER AMENDED
26. Principal Act
27. Section 3 amended (Interpretation)
PART 4 - TT-LINE GAMING ACT 1993 AMENDED
28. Principal Act
29. Section 3 amended (Interpretation)
30. Section 16 amended (Application of certain provisions of
Gaming Control Act 1993 )
31. Section 19 amended (Exclusion order not to apply to master,
&c.)
32. Section 19A amended (Powers of Victorian Commission)
PART 5 - GAMING CONTROL REGULATIONS 2004 AMENDED
33. Principal Regulations
2
34. Schedule 1 amended (Fees)
PART 6 - REPEAL OF ACT
35. Repeal of Act
3
4
GAMING (MISCELLANEOUS AMENDMENTS)
BILL 2013
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
P. R. ALCOCK, Clerk of the House
11 April 2013
(Brought in by the Minister for Finance, the Honourable Scott
Bacon)
A BILL FOR
An Act to amend the Gaming Control Act 1993 and the TT-
Line Gaming Act 1993 and the Gaming Control Regulations
2004
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Gaming
(Miscellaneous Amendments) Act 2013.
2. Commencement
(1) Except as provided in this section, this Act
commences on the day on which this Act
receives the Royal Assent.
[Bill 18] 5
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
s. 2 Part 1 - Preliminary
(2) Part 3 is taken to have commenced on
6 February 2006.
6
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Gaming Control Act 1993 Amended s. 3
PART 2 - GAMING CONTROL ACT 1993 AMENDED
3. Principal Act
In this Part, the Gaming Control Act 1993* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting "endorsement; and" from
paragraph (dc) of the definition of
gaming endorsement and substituting
"endorsement;";
(b) by omitting paragraph (e) from the
definition of gaming endorsement;
(c) by omitting the definitions of prescribed
endorsement and prescribed event.
5. Section 15 amended (Commission to define casino
and gaming operator premises)
Section 15 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
*No. 94 of 1993
7
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
s. 6 Part 2 - Gaming Control Act 1993 Amended
(1A) The boundaries of a gaming
operator's premises are to be
defined by being specified in the
conditions of the gaming
operator's licence.
(b) by inserting in subsection (2) "or a
gaming operator's premises" after "a
casino";
(c) by inserting in subsection (2) "or gaming
operator" after "operator";
(d) by inserting in subsection (3) "or a
gaming operator's premises" after
"casino";
(e) by inserting in subsection (4) "or a
gaming operator's premises" after "a
casino";
(f) by inserting in subsection (4) "or the
gaming operator" after "operator".
6. Section 38 amended (Matters to be considered in
determining application)
Section 38(2) of the Principal Act is amended by
inserting after paragraph (b) the following
paragraph:
(ba) the applicant has a legal right to occupy
the premises which are the subject of the
application; and
8
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Gaming Control Act 1993 Amended s. 7
7. Section 44 amended (Amendment of licensed
premises gaming licence and conditions)
Section 44 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "The
conditions of a licensed premises gaming
licence" and substituting "A licensed
premises gaming licence and its
conditions";
(b) by omitting from subsection (3) "a
condition of";
(c) by inserting the following subsections
after subsection (7):
(8) Where an amendment is proposed
by the licensee, the proposal is to
be accompanied by the prescribed
fee.
(9) The Commission, in its
discretion, may waive all or part
of the prescribed fee.
(10) Where an amendment is proposed
by the licensee -
(a) the Commission may
undertake such
investigations as it
considers appropriate; and
(b) the Commission, by
written notice to the
9
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
s. 8 Part 2 - Gaming Control Act 1993 Amended
licensee, may require the
licensee to pay the whole
or any part of the
reasonable costs of the
Commission in
investigating and
processing the application
if those costs exceed the
prescribed fee.
8. Sections 75B and 75C inserted
After section 75A of the Principal Act, the
following sections are inserted in Division 5:
75B. Expiry and renewal of listing on Roll
(1) A listing on the Roll expires 5 years after
it is made unless sooner removed under
section 75A.
(2) A listing on the Roll that was in force
immediately before the commencement
of all of the provisions of the Gaming
(Miscellaneous Amendments) Act 2013
expires, unless sooner removed under
section 75A, 5 years after that
commencement.
(3) A person who is listed on the Roll may,
within the period of 90 days before the
expiration of the current listing or such
longer period as is determined by the
Commission, apply to the Commission
for the renewal of the listing.
10
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Gaming Control Act 1993 Amended s. 8
(4) An application for renewal must -
(a) be in a form approved by the
Commission; and
(b) contain any information and be
accompanied by any documents
the Commission requires; and
(c) be accompanied by the prescribed
fee.
(5) On receipt of an application for renewal,
the Commission may undertake the
investigations it considers appropriate.
(6) The Commission may require an
applicant to pay the whole or any part of
the reasonable costs of the Commission
in investigating and processing the
application.
(7) A requirement under subsection (6) must
be made in writing provided to the
applicant.
(8) If an application for renewal of a listing
on the Roll is made under this section,
the current listing continues in force until
it is renewed or its renewal is refused.
(9) The renewal of a listing takes effect from
the day on which the current listing was
due to expire.
(10) The Commission must make a
determination on an application for
11
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
s. 8 Part 2 - Gaming Control Act 1993 Amended
renewal of a listing in accordance with
section 74 as if the application for
renewal were an application for listing on
the Roll.
(11) If the Commission refuses to renew a
listing, the listing ceases to have effect
on the day specified in the refusal.
75C. Variation of listing on Roll
(1) The Commission may vary a listing on
the Roll, or the conditions on such a
listing, at any time.
(2) The variation may be effected -
(a) on the Commission's own
motion, by notice to the person
listed on the Roll; or
(b) consequent on an application
made by the person listed.
(3) An application for variation must -
(a) be in a form approved by the
Commission; and
(b) specify the variation sought; and
(c) contain any information and be
accompanied by any documents
the Commission requires; and
(d) be accompanied by the prescribed
fee.
12
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Gaming Control Act 1993 Amended s. 9
(4) The Commission, in its discretion, may
waive all or part of the prescribed fee.
(5) In the case of an application for
variation -
(a) the Commission may undertake
such investigations as it considers
appropriate; and
(b) the Commission, by written
notice to the person listed on the
Roll, may require the person to
pay the whole or any part of the
reasonable costs of the
Commission in investigating and
processing the application if those
costs exceed the prescribed fee.
(6) In the case of an application for
variation, the Commission may -
(a) approve the application (with or
without modification); or
(b) refuse the application.
9. Section 76W repealed
Section 76W of the Principal Act is repealed.
13
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
s. 10 Part 2 - Gaming Control Act 1993 Amended
10. Section 76Y amended (When Tasmanian gaming
licence and gaming endorsement take effect)
Section 76Y of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(4) Where a Tasmanian gaming licence or
gaming endorsement does not take effect
within 12 months of being granted, the
licence or gaming endorsement expires,
unless the Commission determines
otherwise.
11. Section 76ZX amended (Restrictions on conduct of
gaming activity)
Section 76ZX of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "a
gaming activity" and substituting
"wagering or gaming";
(b) by inserting in subsection (2) "or gaming
activity" after "a game";
(c) by omitting paragraph (a) from
subsection (2) and substituting the
following paragraph:
(a) the game or gaming activity is
approved and conducted at or
from an approved location or
approved outlet; and
14
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Gaming Control Act 1993 Amended s. 12
(d) by inserting the following penalty after
subsection (3):
Penalty: Fine not exceeding 1 000 penalty
units.
12. Section 76ZZC amended (Prohibition on licensed
technician and special employee wagering)
Section 76ZZC of the Principal Act is amended
as follows:
(a) by inserting in subsection (1) "licensed
technician or" after "A";
(b) by inserting in subsection (1) "technician
or" after "such";
(c) by inserting in subsection (1)
"technician's or" after "by the";
(d) by inserting in subsection (2) "licensed
technician or" after "a".
13. Section 76ZZE inserted
After section 76ZZD of the Principal Act, the
following section is inserted in Division 11:
76ZZE. Installation and storage of gaming
equipment by licensed provider
(1) A licensed provider who obtains gaming
equipment or provides gaming
equipment to an agency of a licensed
provider -
15
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
s. 14 Part 2 - Gaming Control Act 1993 Amended
(a) must install the equipment, or
cause it to be installed, in an
approved location or approved
outlet; and
(b) must cause any gaming
equipment not so installed to be
stored in a room approved by the
Commission and secured in the
manner approved by the
Commission.
(2) A licensed provider must not allow any
person to use gaming equipment for the
conduct of a gaming activity that is not
installed as required by this section.
Penalty: Fine not exceeding 1 000 penalty
units.
14. Section 76ZZGA inserted
After section 76ZZG of the Principal Act, the
following section is inserted in Division 11:
76ZZGA. Amendment of approval of gaming
equipment
The Commission may amend the
approval of gaming equipment, or
gaming equipment of a class, approved
under section 76ZZG, by written notice
sent to the operator of that equipment or
class of equipment.
16
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Gaming Control Act 1993 Amended s. 15
15. Section 77B amended (Application for foreign
games permit)
Section 77B(2) of the Principal Act is amended
by omitting paragraph (d) and substituting the
following paragraph:
(d) be accompanied by the prescribed fee.
16. Section 77O substituted
Section 77O of the Principal Act is repealed and
the following section is substituted:
77O. Variation of foreign games permit and
conditions
(1) The Commission may vary a foreign
games permit, and its conditions, at any
time.
(2) The variation may be effected -
(a) on the Commission's own
motion, by notice to the foreign
games permit holder; or
(b) consequent on an application
made by the foreign games
permit holder.
(3) An application for variation must -
(a) be in a form approved by the
Commission; and
(b) specify the variation sought; and
17
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
s. 17 Part 2 - Gaming Control Act 1993 Amended
(c) contain any information, and be
accompanied by any documents,
the Commission requires; and
(d) be accompanied by the prescribed
fee.
(4) The Commission, in its discretion, may
waive all or part of the prescribed fee.
(5) In the case of an application for
variation -
(a) the Commission may undertake
such investigations as it considers
appropriate; and
(b) the Commission, by written
notice to the foreign games
permit holder, may require the
holder to pay the whole or any
part of the reasonable costs of the
Commission in investigating and
processing the application if those
costs exceed the prescribed fee.
(6) In the case of an application for
variation, the Commission may -
(a) approve the application (with or
without modification); or
(b) refuse the application.
18
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Gaming Control Act 1993 Amended s. 17
17. Section 77P amended (Renewal of foreign games
permit)
Section 77P(2) of the Principal Act is amended
by omitting paragraph (c) and substituting the
following paragraph:
(c) be accompanied by the prescribed fee.
18. Section 94 amended (Credit, &c.)
Section 94 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "play a
game or a gaming machine" and
substituting "participate in a game,
gaming or a gaming activity";
(b) by inserting the following subsection
after subsection (4):
(5) In this section -
approved venue includes
approved location and
approved outlet.
19. Section 145 amended (Other returns by gaming
operators)
Section 145(2)(a) of the Principal Act is
amended by omitting "section 10 of the Liquor
and Accommodation Act 1990" and substituting
"section 10 of the Liquor Licensing Act 1990".
19
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
s. 20 Part 2 - Gaming Control Act 1993 Amended
20. Section 148 amended (Licensed premises gaming
licence fee)
Section 148 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "a
licence fee" and substituting "the
prescribed annual licence fee";
(b) by omitting subsection (2).
21. Section 148A amended (Annual Tasmanian gaming
licence fee)
Section 148A of the Principal Act is amended as
follows:
(a) by omitting paragraph (e) from
subsection (2);
(b) by omitting from subsection (2)(g) ",
(dc) and (e)" and substituting "and (dc)";
(c) by omitting from subsection (6) "or
subsection (2)(g)";
(d) by inserting the following subsection
after subsection (6):
(6A) Where the holder of a betting
exchange endorsement on a
licence referred to in
subsection (6) also holds any
other endorsements referred to in
subsection (2), the maximum
annual licence fee payable in
20
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
Part 2 - Gaming Control Act 1993 Amended s. 22
respect of those other
endorsements is a total of
150 000 fee units.
22. Section 151 amended (Community support levy)
Section 151 of the Principal Act is amended as
follows:
(a) by omitting from subsection (4)
"Treasurer" and substituting "Minister";
(b) by omitting from subsection (5)
"Treasurer" and substituting "Minister";
(c) by omitting "section 150A(7A)(b)" from
the definition of Tasmanian commission
in subsection (6) and substituting
"section 150A(7A)".
23. Section 153A amended (Gaming and wagering
guarantee)
Section 153A(1) of the Principal Act is amended
by omitting paragraphs (c) and (d) from the
definition of guaranteeable endorsement and
substituting:
(c) both such endorsements.
24. Section 159 amended (Conflict of interest and duty)
Section 159(3) of the Principal Act is amended
by omitting "An authorized person who ceases
to be a State Service officer or State Service
21
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
s. 25 Part 2 - Gaming Control Act 1993 Amended
employee after the commencement of this Act"
and substituting "A person who ceases to be an
authorized person".
25. Section 174 amended (Regulations)
Section 174(2) of the Principal Act is amended
by omitting paragraph (r).
22
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
Part 3 - Gaming Control Act 1993 Further Amended s. 26
PART 3 - GAMING CONTROL ACT 1993 FURTHER
AMENDED
26. Principal Act
In this Part, the Gaming Control Act 1993* is
referred to as the Principal Act.
27. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting ", or a gaming activity,"
after "gaming" in paragraph (a) of the
definition of prescribed duties in
subsection (1);
(b) by omitting from subsection (2)
"conduct of gaming" and substituting
"conduct of gaming or a gaming
activity";
(c) by inserting in subsection (2)(a) "or a
gaming activity" after "gaming";
(d) by inserting in subsection (2)(d) "or a
gaming activity" after "gaming";
(e) by inserting in subsection (2)(e) "or a
gaming activity" after "gaming";
*No. 94 of 1993
23
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
s. 27 Part 3 - Gaming Control Act 1993 Further Amended
(f) by omitting from subsection (2)(f)
"games of keno" and substituting
"gaming or a gaming activity".
24
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
Part 4 - TT-Line Gaming Act 1993 Amended s. 28
PART 4 - TT-LINE GAMING ACT 1993 AMENDED
28. Principal Act
In this Part, the TT-Line Gaming Act 1993* is
referred to as the Principal Act.
29. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting the definition of Director;
(b) by omitting "money." from the definition
of token and substituting "money;";
(c) by inserting the following definition after
the definition of token:
Victorian Commission means the
Victorian Commission for
Gambling Regulation.
30. Section 16 amended (Application of certain
provisions of Gaming Control Act 1993 )
Section 16(1) of the Principal Act is amended by
omitting "Divisions 1, 3, 4 and 5 of Part 4, Parts
5 (other than section 79(4), (5) and (7) and
sections 91, 92 and 96), 6 and 7, Division 1 of
Part 9 (other than section 136) and Part 10 (other
than sections 161, 173, 174, 175, 176, 177, 178
and 179)" and substituting "Divisions 1, 3, 4 and
*No. 32 of 1993
25
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
s. 31 Part 4 - TT-Line Gaming Act 1993 Amended
5 of Part 4, Part 5 (other than section 79(4), (5)
and (7) and section 96), Part 6, Part 7, Part 8,
Divisions 1 and 4 of Part 9 (other than section
136) and Part 10 (other than sections 161, 173,
174, 175,178 and 179)".
31. Section 19 amended (Exclusion order not to apply
to master, &c.)
Section 19 of the Principal Act is amended by
omitting "Section 105 of the Gaming Control
Act 1993" and substituting "Division 3 of Part 5
of the Gaming Control Act 1993".
32. Section 19A amended (Powers of Victorian
Commission)
Section 19A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"Director" and substituting "Victorian
Commission";
(b) by omitting from subsection (2)
"Director" and substituting "Victorian
Commission";
(c) by omitting from subsection (2)(a)
"Commission" and substituting
"Tasmanian Gaming Commission";
(d) by omitting from subsection (3)
"Commission" and substituting
"Tasmanian Gaming Commission";
26
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
Part 4 - TT-Line Gaming Act 1993 Amended s. 32
(e) by omitting from subsection (4)
"Director" first occurring and
substituting "Victorian Commission";
(f) by omitting from subsection (4)
"Director" second occurring and
substituting "Victorian Commission".
27
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
s. 33 Part 5 - Gaming Control Regulations 2004 Amended
PART 5 - GAMING CONTROL REGULATIONS 2004
AMENDED
33. Principal Regulations
In this Part, the Gaming Control Regulations
2004* are referred to as the Principal
Regulations.
34. Schedule 1 amended (Fees)
Schedule 1 to the Principal Regulations is
amended as follows:
(a) by inserting "or gaming operator's
premises" after "casino" in column 2 of
item 1 in the table;
(b) by omitting "the conditions of" from
column 2 of item 6 in the table;
(c) by inserting after item 13 the following:
14. Renewal of listing on the Roll under 500
section 75B of the Act
14A. Variation of listing on the Roll under 100
section 75C of the Act
(d) by inserting after item 16 the following:
*S.R. 2004, No. 131
28
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
Part 5 - Gaming Control Regulations 2004 Amended s. 34
16A. Licensed premises gaming licence annual 700 plus
fee 70 fee
units for
each
machine
permitted
under the
licence in
excess of
10
(e) by inserting after paragraph (b) in item
18 the following:
19. Application for foreign games permit under 1000
section 77B of the Act
20. Variation of foreign games permit under 100
section 77O of the Act
21. Application for renewal of foreign games 1000
permit under section 77P of the Act
29
Gaming (Miscellaneous Amendments) Act 2013
Act No. of
s. 35 Part 6 - Repeal of Act
PART 6 - REPEAL OF ACT
35. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
30 Government Printer, Tasmania