Gaming Control Amendment Act 2003 (TAS)

Gaming Control Amendment Act 2003

An Act to amend the Gaming Control Act 1993

[Royal Assent 13 October 2003]

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:

1Short titleThis Act may be cited as the Gaming Control Amendment Act 2003 . 2CommencementThis Act commences on the day on which it receives the Royal Assent but if this Act does not receive the Royal Assent until after 1 July 2003 it is taken to have commenced on 1 July 2003. 3Principal ActIn this Act, the Gaming Control Act 1993 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by omitting the definition of Deed and substituting the following definition: 2003 Deed means – (a) the Deed made on 18 March 2003 between The Federal Hotels Pty Limited, Australian National Hotels Pty Limited, Tasmanian Country Club-Casino Proprietary Limited and the Crown in right of the State of Tasmania, a copy of which is set out in Schedule 1 ; and (b) any deed made as a supplement to the Deed referred to in paragraph (a) ; (b) by omitting the definition of existing licence . 5Part 2 substituted Part 2 of the Principal Act is repealed and the following Part is substituted: PART 22003 Deed 6Approval, execution and effect of 2003 Deed (1)  The 2003 Deed is ratified and approved. (2)  The provisions of the 2003 Deed have the force of law as if those provisions were enacted by this Act. 7Provisions of this Act to prevail over 2003 Deed If there is an inconsistency between a provision of this Act and a provision of the 2003 Deed, the provision of this Act prevails. 6Section 13 amended (Granting of casino licence and gaming operator's licence) Section 13 of the Principal Act is amended as follows: (a) by omitting subsections (1) , (2) and (3) and substituting the following subsections: (1)  In this section – 2003 commencement day means the day on which the Gaming Control Amendment Act 2003 commences; existing casino licence means a casino licence in force immediately before the 2003 commencement day; existing gaming operator’s licence means a gaming operator’s licence in force immediately before the 2003 commencement day. (2)  On the 2003 commencement day,  the Commission must – (a) grant to the holder of an existing casino licence (or to a corporation related to the holder of that licence) a casino licence in respect of the same premises or part of premises for which the existing casino licence was granted; and (b) grant to the holder of an existing gaming operator’s licence (or to a corporation related to the holder of that licence) a gaming operator’s licence. (3)  After the 2003 commencement day, the Commission may grant to the holder of an existing casino licence (or to a corporation related to the holder of that licence) a casino licence in respect of any other premises or part of premises. (b) by omitting from subsection (4) "Deed" and substituting "2003 Deed"; (c) by omitting subsection (5) and substituting the following subsection: (5)  A licence granted under subsection (2) or (3) – (a) is to be in accordance with the 2003 Deed; and (b) may be made subject to such other conditions, consistent with the 2003 Deed, as the Commission thinks fit. (d) by omitting subsection (6) ; (e) by omitting subsections (8) and (9) and substituting the following subsections: (8)  As soon as a casino licence is granted under subsection (2)(a) , the existing casino licence referred to in that subsection is revoked. (9)  As soon as a gaming operator’s licence is granted under subsection (2)(b) , the existing gaming operator’s licence referred to in that subsection is revoked. 7Section 22 amended (Action to be taken if licence cancelled, &c.) Section 22(1) of the Principal Act is amended as follows: (a) by inserting "or is due to expire," after "surrendered,"; (b) by omitting "the licence." and substituting "a new licence of the same kind.". 8Section 28 amended (Determination of application) Section 28(1) of the Principal Act is amended by omitting "The Commission" and substituting "Subject to sections 29 and 29A , the Commission". 9Section 29A insertedAfter section 29 of the Principal Act , the following section is inserted in Part 3: 29ANew licence cannot take effect until former licence expires If an application for a casino licence or gaming operator’s licence has been made because an existing licence of that kind is due to expire, the new casino licence or new gaming operator’s licence is not capable of taking effect until the existing licence has actually expired. 10Section 76ZZM amended (Commission to act in accordance with 2003 Deed and agreements between Crown and licence holder) Section 76ZZM of the Principal Act is amended by omitting "Deed" and substituting "2003 Deed". 11Part 5, Division 1A insertedAfter section 101 of the Principal Act , the following Division is inserted in Part 5: Division 1ALimitations on gaming machine numbers 101AInterpretation of Division In this Division – club means a venue in respect of which both of the following are in force: (a) a club licence within the meaning of the Liquor and Accommodation Act 1990 ; (b) a licensed premises gaming licence; 2003 commencement day means the day on which the Gaming Control Amendment Act 2003 commences; gaming machine does not include a gaming machine on a vessel owned or operated by a company formed and incorporated under section 5 of the TT-Line Arrangements Act 1993 ; hotel means a venue, other than a club, in respect of which a licensed premises gaming licence is in force. 101BGaming machines: limit on overall numbers On and after the 2003 commencement day – (a) the maximum number of gaming machines that may be installed in the State at clubs and hotels is 2 500; and (b) the maximum number of gaming machines that may be installed in the State at clubs, hotels and casinos is 3 680. 101CGaming machines: limit on numbers allowed in individual clubs and hotels On and after the 2003 commencement day – (a) the maximum number of gaming machines that may be installed at any one club is 40; and (b) the maximum number of gaming machines that may be installed at any one hotel is 30. 12Section 146 amended (Casino licence fee) Section 146 of the Principal Act is amended as follows: (a) by omitting subsections (2) and (3) and substituting the following subsections: (2)  Subject to subsection (3) , the monthly licence fee payable under subsection (1) is – (a) for the financial year commencing on 1 July 2003, $112 500.00; and (b) for any subsequent financial year, the monthly licence fee for the previous financial year multiplied by the relevant factor. (3)  A monthly licence fee calculated in accordance with subsection (2) is to be rounded to the nearest one hundred dollars, with fifty dollars being rounded to the next one hundred dollars. (b) by omitting the definition of changeover day from subsection (4) ; (c) by omitting the definition of nominated day from subsection (4) . 13Section 150 amended (Taxation in respect of licensed operator) Section 150 of the Principal Act is amended as follows: (a) by omitting subsections (2) and (3) and substituting the following subsections: (2)  The tax payable under subsection (1) in respect of the monthly gross profits derived from games approved under section 103 is a sum equivalent to 0.88% of those profits. (2A)  The tax payable under subsection (1) in respect of the monthly gross profits derived from keno is a sum equivalent to 5.88% of those profits. (3)  Until 30 June 2013, the tax payable under subsection (1) in respect of the monthly gross profits derived from gaming machine games is – (a) if the cumulative gross profits of the licensed operator for that form of gaming do not exceed $35 000 000, a sum equivalent to 20.88% of the monthly gross profits; or (b) if the cumulative gross profits of the licensed operator for that form of gaming exceed $35 000 000, a sum equivalent to the total of – (i) 20.88% of that part of the monthly gross profits derived during that part of that month occurring before the cumulative gross profits so exceeded $35 000 000; and (ii) 25.88% of that part of the monthly gross profits derived during that part of that month occurring when and after the cumulative gross profits so exceeded $35 000 000. (3A)  On and from 1 July 2013, the tax payable under subsection (1) in respect of the monthly gross profits derived from gaming machine games is a sum equivalent to 25.88% of those profits. (b) by omitting from subsection (4) "payable under subsection (3) " and substituting "referred to in subsection (3) ". 14Section 151 amended (Community support levy) Section 151 of the Principal Act is amended as follows: (a) by omitting subsections (1) and (2) and substituting the following subsections: (1)  A gaming operator must, from the gross profits derived from gaming machine games in each month, pay to the Treasurer a community support levy. (2)  The community support levy is a sum equal to 4% of those monthly gross profits. (b) by omitting from subsection (3) "A sum payable under subsection (1) " and substituting "A community support levy"; (c) by omitting from subsection (3) "each" and substituting "the"; (d) by omitting from subsection (4) "levy" and substituting "community support levy". 15Section 152 repealed Section 152 of the Principal Act is repealed. 16Part 9, Division 2A insertedAfter section 153 of the Principal Act , the following Division is inserted in Part 9: Division 2AGaming machine rental 153AAGaming machine rental (1)  In this section – agreed means agreed to by the Commission and the Companies, after the Commission has consulted – (a) in the case of hotels, the Australian Hotels Association; and (b) in the case of clubs, the Registered Clubs Co-operative Society or such other body, if any, as in the reasonable opinion of the Commission represents the common interests of clubs in this State; club means a venue in respect of which both of the following are in force: (a) a club licence within the meaning of the Liquor and Accommodation Act 1990 ; (b) a licensed premises gaming licence; Companies means the Companies within the meaning of the 2003 Deed; hotel means a venue, other than a club, in respect of which a licensed premises gaming licence is in force. (2)  Nothing in the 2003 Deed is to be taken as preventing the Companies from charging a club or hotel – (a) an agreed rental fee to cover the cost to the Companies of supplying that club or hotel with gaming machines; and (b) an agreed maintenance fee to cover the cost to the Companies of servicing and, if necessary, repairing those gaming machines. 17Schedule 1 substituted Schedule 1 to the Principal Act is repealed and the following Schedule is substituted: Schedule 1Deed

Section 3

[Second reading presentation speech made in:

House of Assembly on 29 MAY 2003

Legislative Council on 18 JUNE 2003]