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Gambling Regulation (Miscellaneous
Amendments) Bill
Introduction Print
EXPLANATORY MEMORANDUM
PART 1--PRELIMINARY
Clause 1 sets out the main purpose of the Bill.
Clause 2 provides for the commencement of the Bill on the day after Royal
Assent.
PART 2--GAMBLING REGULATION ACT 2003
Clause 3 substitutes section 3.4.20(3) of the Gambling Regulation Act
2003 (the "Principal Act") in relation to amendment of conditions
of venue operator's licences.
Sub-clause (1) inserts a new sub-section (3) which provides that
the Commission can attach conditions to an approval to amend a
condition of a venue operator's licence.
It introduces new sub-section (3A) which provides that the
Commission may approve an amendment to vary the number of
gaming machines, subject to a condition that the approval does
not come into effect until the Commission is satisfied that certain
criteria have been met.
It also clarifies in a new sub-section (3B) that an amendment
referred to in section 3.4.17(1)(d) or (2) requires the Commission
to publish notice of the amendment in the Government Gazette.
This re-enacts current section 3.4.20(3)(b).
Sub-clause (2) substitutes the words "on any later date" with
"at any later time" in section 3.4.20(4). The effect of this is that
an amendment can take effect at any later time that may be
specified in the notice.
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551355 BILL LA INTRODUCTION 18/10/2005
Clause 4 amends section 3.5.33(1) and (2) of the Principal Act by
prohibiting any payment of winnings exceeding $2000 to be
payable by cheque made out to cash.
Clause 5 Sub-clause (1) amends section 5.7.4 of the Principal Act by
inserting a new sub-section (2A). This inserts a requirement that
the Commission must refuse an application to conduct a trade
promotion lottery if, in the Commission's opinion, the proposed
trade promotion lottery is offensive or contrary to the public
interest.
Sub-clauses (2) and (3) amend section 5.7.20 of the Principal Act
relating to the provision that a function of the Commission may
be performed by any commissioner. New sub-section (2)
inserted by sub-clause (3) provides that the Commission cannot
delegate its powers in determining whether a proposed trade
promotion lottery is offensive or contrary to the public interest or
in considering an appeal under section 5.7.10 of the Principal
Act.
Clause 6 inserts new sections 8.3.11A and 8.3.11B in the Principal Act to
provide for the investigation of a community or charitable
organisation to determine whether or not it should continue to be
a declared organisation and the provision of information to the
Commission.
Clause 7 substitutes the heading to section 8.4.4 of the Principal Act and
inserts a new sub-section (3) into that section. This provides that
the prohibition on supplying bingo tickets or a random number
generator to a person or organisation that does not hold a minor
gaming permit does not apply to a person who is lawfully
conducting bingo without a minor gaming permit under
section 8.2.4 of the Principal Act.
Clause 8 substitutes section 8.5.11 of the Principal Act, which relates to
a bingo centre operator's licence renewal. The new section
provides that where a bingo centre operator has made a valid
application for a licence renewal, the current licence remains in
force until the application for renewal has been determined.
The application must be made in or to the effect of a form
approved by the Commission and accompanied by the prescribed
fee.
Clause 9 inserts a new ground into the definition of "grounds for
disciplinary action" in section 8.5.13(1) of the Principal Act that
the operator of a bingo centre no longer has the management or
control of the bingo centre.
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Clause 10 amends the heading to section 8.6.3 of the Principal Act and
extends the notification requirements of that section to include
organisations that are declared community or charitable
organisations to notify the Commission when a change in
situation occurs. The clause also repeals section 8.6.3(1)(d) of
the Principal Act. Section 8.6.3(1)(d) related to a change in
situation of the holder of a gaming industry employee's licence
who works in a bingo centre. This section will now be located in
section 9A.1.22 of the Principal Act and apply to all gaming
industry employees. Finally, the clause makes a minor technical
correction in section 8.6.3(3).
Clause 11 inserts a new section 9A.1.22 in the Principal Act in relation to
a change in situation of licensed gaming industry employees.
The new section specifies that the licensee must notify the
Commission in writing of the change of a kind specified by the
Commission within 14 days after it takes place.
Clause 12 substitutes section 10.4.6(4) of the Principal Act and inserts new
section 10.4.6(5)(e) in relation to updating of applications to
include an applicant for listing on the Roll of Manufacturers,
Suppliers and Testers in the requirement that an application be
updated where change occurs.
Clause 13 substitutes words in section 11.1.2 of the Principal Act in relation
to the service of documents on other persons by including
documents given or sent to a person. This clarifies the
requirement for the effective service of documents.
PART 3--GAMBLING REGULATION (FURTHER
AMENDMENT) ACT 2004
Clause 14 substitutes proposed new section 8.5A.12 of the Principal Act
in relation to licence renewal for a commercial raffle organiser.
The proposed new section will now provide that a commercial
raffle organiser's licence that is subject to a valid application for
renewal remains in force until such time as the application has
been determined by the Commission. This amendment will
provide consistency with the new renewal process for a bingo
centre operator's licence once licensing of commercial raffle
organisers commences.
Clause 15 substitutes section 31 of the Gambling Regulation (Further
Amendment) Act 2004 to make a technical amendment.
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Clause 16 consequentially repeals section 49 of the Gambling Regulation
(Further Amendment) Act 2004. This provision is no longer
required due to prior commencement of the Gambling
Regulation (Amendment) Act 2004.
PART 4--CASINO CONTROL ACT 1991
Clause 17 amends provisions relating to approval of games and rules for
games for play in a casino in section 60 of the Casino Control
Act 1991 to ensure that information about those games is readily
accessible on the casino's website.
Sub-clause (1) removes the requirement that the Commission
publish a notice in the Government Gazette and sub-clause (2)
inserts a requirement into section 60 that the Commission must
publish notice that an approval has been given for a new game
and rules for games on the Commission's website.
Sub-clause (3) substitutes section 60(2) and (3) to ensure that a
game must not be conducted or played, or permitted to be
conduct or played, unless an approval is in force, approved rules
for the game are on the casino operator's website and are
available for inspection and the game is conducted or played in
accordance with the approved rules.
Clause 18 amends section 122(1)(c) of the Casino Control Act 1991 by
removing "job descriptions" from the list of information that
must be included in the casino operator's system of internal
controls and accounting procedures that must be approved by
the Commission.
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