Gaming Control Amendment Act 2001 (TAS)

Gaming Control Amendment Act 2001

An Act to amend the Gaming Control Act 1993 and the Gaming Control Amendment (Minor Gaming and Miscellaneous Amendments) Act 2001

[Royal Assent 17 December 2001]

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 1Preliminary1Short titleThis Act may be cited as the Gaming Control Amendment Act 2001 . 2Commencement (1)  Part 2 commences on the day on which this Act receives the Royal Assent but, if this Act does not receive the Royal Assent on or before 9 December 2001, Part 2 is taken to have commenced on 9 December 2001. (2)  Section 6 is taken to have commenced on 22 December 1999. (3)  Section 7 is taken to have commenced on 1 September 2001. (4)  The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent. PART 2Gaming Control Amendment (Minor Gaming and Miscellaneous Amendments) Act 2001 Amended3Principal ActIn this Part, the Gaming Control Amendment (Minor Gaming and Miscellaneous Amendments) Act 2001 is referred to as the Principal Act. 4Section 63 amended (Part 5, Division 3 inserted)Section 63 of the Principal Act is amended as follows: (a) by inserting in inserted section 112A after the definition of "affected person" the following definitions: excluded premises means any premises on which wagering or other participation in a game occurs under a casino licence, a licensed premises gaming licence or a Tasmanian gaming licence; prescribed special employee means a special employee employed by a specified licence holder; (b) by omitting subsection (1) of inserted section 112B and substituting the following subsections: (1)  A person may give written notice to a specified licence holder, a prescribed special employee or the Commission to the effect that the person must not be permitted to do one or more of the following: (a) engage in the activity of wagering or otherwise participating in games as specified in the notice; (b) enter and remain on the premises specified in the notice. (1A)  A self-exclusion notice may prohibit engaging in the activity of wagering or otherwise participating in games either generally or by reference to one or more of the following: (a) a particular game; (b) a particular specified licence holder; (c) a particular manner of wagering or participating in games; (d) any other matter the Commission considers appropriate. (1B)  On receipt of a self-exclusion notice under subsection (1) , a prescribed special employee must provide the notice or a copy of it to the specified licence holder as soon as reasonably practicable.

Penalty:  Fine not exceeding 20 penalty units.

(c) by omitting "subsection (1)," from inserted section 112B(2) and substituting "subsection (1) or (1A),"; (d) by omitting "provide a copy of the notice to every specified licence holder in respect of whom the notice is to apply" from subsection (3) and substituting "notify every specified licence holder in respect of whom the notice is to apply of the making of the self-exclusion notice and its details"; (e) by omitting subsections (4), (5), (6), (7) and (8) of inserted section 112B and substituting the following subsections: (4)  On receipt of a self-exclusion notice, a copy of it or notice of its making under subsection (1), (1B) or (3), a specified licence holder must notify, as soon as reasonably practicable, all prescribed special employees who may have to enforce the self-exclusion notice of its making and any relevant details.

Penalty:  Fine not exceeding 100 penalty units.

(5)  A self-exclusion notice takes effect – (a) in respect of a specified licence holder when the self-exclusion notice, a copy of it or notice of its making is given or provided to that specified licence holder; and (b) in respect of a prescribed special employee when the self-exclusion notice, a copy of it or notice of its making is given or provided to that prescribed special employee; and (c) in respect of the person who made the self-exclusion notice when it is given to the specified licence holder, a prescribed special employee or the Commission under subsection (1) . (6)  A person may revoke a self-exclusion notice by written notice given to the specified licence holder to whom the notice relates or to the Commission. (7)  On receipt of a notice revoking a self-exclusion notice, the Commission must notify all specified licence holders to whom the self-exclusion notice relates of the revocation. (8)  On receipt – (a) of a notice revoking a self-exclusion notice under subsection (6) , a specified licence holder must provide a copy of the notice to the Commission; and (b) of a notice revoking a self-exclusion notice under subsection (6) , or of notification of the revocation of a self-exclusion notice under subsection (7) , a specified licence holder must notify all prescribed special employees who are required to enforce the self-exclusion notice of its revocation.

Penalty:  Fine not exceeding 50 penalty units.

(9)  The revocation of a self-exclusion notice takes effect 7 days after the specified licence holder is given or provided with the notice of revocation, a copy of the notice of revocation or notification of the revocation. (f) by omitting subsection (1) of inserted section 112C and substituting the following subsection: (1)  A person who has a close personal interest in the welfare of another person who wagers with, or otherwise participates in games conducted by, any specified licence holder may apply to the Commission in a form approved by the Commission for a section 112C exclusion order. (g) by omitting paragraph (a) of inserted section 112C(3) and substituting the following paragraph: (a) if it is satisfied that it is in the interests of that person and the public interest to do so, make an order prohibiting that person from doing one or more of the following: (i) engaging in the activity of wagering or otherwise participating in games as specified in the order; (ii) entering and remaining on the premises specified in the order. (h) by inserting the following subsection in inserted section 112C after subsection (3): (3A)  A section 112C exclusion order may prohibit engaging in the activity of wagering or otherwise participating in games either generally or by reference to one or more of the following: (a) a particular game; (b) a particular specified licence holder; (c) a particular manner of wagering or participating in games; (d) any other matter the Commission considers appropriate. (i) by inserting the following subsection in inserted section 112C after subsection (5): (5A)  On receipt of a copy of a section 112C exclusion order under subsection (5), a specified licence holder must notify, as soon as reasonably practicable, all prescribed special employees who may have to enforce the order of the making of the order.

Penalty:  Fine not exceeding 100 penalty units.

(j) by omitting subsection (1) of inserted section 112E and substituting the following subsection: (1)  A specified licence holder or a person authorised by a specified licence holder may, by order given to a person orally or in writing, prohibit the person from doing one or more of the following: (a) entering and remaining on premises on which wagering with, or other participation in a game conducted by, the specified licence holder occurs; (b) wagering with, or otherwise participating in a game conducted by, the specified licence holder. (k) by omitting subsection (4) of inserted section 112E and substituting the following subsection: (4)  This section does not authorise the exclusion of an authorized person or a police officer – (a) from premises referred to in subsection (1); or (b) from wagering with, or otherwise participating in a game conducted by, the specified licence holder – when that authorized person or police officer is acting in the course of his or her duty. (l) by omitting subsection (1) of inserted section 112I and substituting the following subsection: (1)  Each specified licence holder must maintain an up-to-date list of the names of persons in respect of whom there are in effect self-exclusion notices, section 112C exclusion orders and section 112E exclusion orders that prohibit those persons from wagering with or otherwise participating in games conducted by the specified licence holder, or from entering and remaining on premises where wagering or other participation in such games occurs.

Penalty:  Fine not exceeding 50 penalty units.

(m) by omitting "wager with, or otherwise participate in a game conducted by, the licensed provider is" from inserted section 112I(3) and substituting "contravene the self-exclusion notice, section 112C exclusion order or section 112E exclusion order is by placing wagers, or otherwise participating in a game,"; (n) by omitting inserted sections 112J and 112K and substituting the following inserted sections: 112JOffence to contravene self-exclusion notice, section 112C exclusion order or section 112E exclusion order (1)  A person who is the subject of a self-exclusion notice, section 112C exclusion order or section 112E exclusion order that is in effect must not contravene that notice or order.

Penalty:  Fine not exceeding 20 penalty units.

(2)  While a self-exclusion notice or section 112C exclusion order has effect, a specified licence holder and a prescribed special employee must not – (a) accept or permit to be accepted from the person who is the subject of the notice or order a wager on, or allow that person to otherwise participate in, any game in contravention of the notice or order; or (b) allow the person who is the subject of the notice or order to enter or remain on premises in contravention of the notice or order.

Penalty:  In the case of –

(a) a specified licence holder – a fine not exceeding 100 penalty units; and (b) a prescribed special employee – a fine not exceeding 20 penalty units. (3)  It is a defence to an offence against subsection (2) for the specified licence holder or prescribed special employee to show that he or she did not know and could not reasonably have known that the person who is the subject of the self-exclusion notice or section 112C exclusion order was wagering or otherwise participating in a game, or entering or remaining on premises, in contravention of the notice or order. 112KRemoval of excluded person from gaming premises (1)  In this section – excluded person means a person who is the subject of a self-exclusion notice, section 112C exclusion order or section 112E exclusion order that is in effect; excluded premises means premises that an excluded person is prohibited from entering and remaining on under a self-exclusion notice, section 112C exclusion order or section 112E exclusion order that is in effect; gaming premises means premises where a person may wager with, or otherwise participate in a game conducted by, a specified licence holder; person-in-charge means – (a) the person for the time being apparently in charge of excluded premises or gaming premises; and (b) an employee, agent or associate of a specified licence holder who is of a class approved in writing by the Commission and is on the excluded premises or gaming premises at the relevant time. (2)  If an employee of a specified licence holder or a person employed on excluded premises or gaming premises knows that an excluded person – (a) is on the excluded premises, or attempting to gain entrance to the excluded premises, in contravention of the self-exclusion notice, section 112C exclusion order or section 112E exclusion order; or (b) is wagering or otherwise participating, or is attempting to wager or otherwise participate, in a game on gaming premises – the employee or employed person must notify a person-in-charge as soon as practicable. (3)  A person-in-charge who knows or has been notified that an excluded person – (a) is on the excluded premises, or attempting to gain entrance to the excluded premises, in contravention of the self-exclusion notice, section 112C exclusion order or section 112E exclusion order; or (b) is wagering or otherwise participating, or is attempting to wager or otherwise participate, in a game on gaming premises in contravention of the self-exclusion notice, section 112C exclusion order or section 112E exclusion order – must take all reasonable steps to remove the excluded person from the excluded premises or gaming premises.

Penalty:  Fine not exceeding 20 penalty units.

(4)  It is lawful for a person-in-charge, or a police officer at the request of a person-in-charge, using no more force than is reasonably necessary – (a) to remove an excluded person – (i) from excluded premises; and (ii) from gaming premises if he or she is wagering or otherwise participating, or is attempting to wager or otherwise participate, in a game on the gaming premises in contravention of the self-exclusion notice, section 112C exclusion order or section 112E exclusion order; and (b) to prevent an excluded person from entering – (i) excluded premises; and (ii) gaming premises from which he or she has been removed within the preceding 24 hours under paragraph (a)(ii) . PART 3Gaming Control Act 1993 Amended5Principal ActIn this Part, the Gaming Control Act 1993 is referred to as the Principal Act. 6Section 11 amended (Authority conferred by casino licence)Section 11 of the Principal Act is amended as follows: (a) by omitting "A" and substituting "(1) A"; (b) by inserting the following subsections: (2)  For the purposes of subsection (1)(c) , wagering in a contingency relating to the SDS Racing Game is not a gaming activity but is gaming. (3)  In subsection (2) , SDS Racing Game means the game approved under that name by the Commission under section 103 whether called "SDS Racing Game", "Racetrax", "Trackside" or any other name. 7Section 148A amended (Annual Tasmanian gaming licence fee) Section 148A of the Principal Act is amended as follows: (a) by omitting from subsection (3) "amount." and substituting "amount as if the grant of the endorsement were the grant of a Tasmanian gaming licence."; (b) by inserting the following subsection after subsection (3) : (4)  If a Tasmanian gaming licence is granted and any gaming endorsement granted and endorsed on the licence takes effect on a day later than the day on which the licence takes effect, subsection (1)(a) applies to the portion of the Tasmanian gaming licence fee relating to that gaming endorsement and to payment of that portion as if the grant of the endorsement were the grant of a Tasmanian gaming licence.

[Second reading presentation speech made in:

House of Assembly on 22 NOVEMBER 2001

Legislative Council on 27 NOVEMBER 2001]