Gaming Legislation Amendment Act 2019 (ACT)

Case

Gaming Legislation Amendment Act 2019

A2019-14

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Gambling and Racing Control Act 1999

4            Code of practiceSection 18 (1)  3

5            Section 18 (2) (e)  3

6            New section 18 (2) (g) to (i)  3

7           New section 18 (2A)  4

8            New section 18 (4)  4

9            Education and counsellingSection 19 (1) (b) (iii)  4

10          Permitted disclosures to particular peopleNew section 37 (d) (iiia)  4

11          Dictionary, new definition of club licensee  5

12          Dictionary, new definition of workplace rights training  5

Part 3Gaming Machine Act 2004

13          Section 10F heading  6

14          Transferring an authorisation certificateSection 37E (2), note  6

15          Section 127T heading  6

16          Section 127U heading  6

17          Section 127U (1) and (3)  6

18          Audit of financial statements etcSection 158 (1)  7

19          Section 161A  7

20          Section 163C heading  7

21          Section 163D heading  8

22          New division 11.3  8

23          Definitions—pt 12Section 164, definition of recipient, examples  16

24          Meaning of community purpose etc—pt 12Section 166 (2) (j)  16

25          Minimum community contribution—clubsSection 167 (2)  17

26          Community purpose contributions—reporting by clubsSection 172 (1) (g) (ii)  17

27          Community contributions—commission must publish summarySection 172A (1) (b) (i)  17

28          Section 172A (2)  17

29          Community contribution shortfall taxSection 172B  18

30          Section 172B (5), definition of community contribution shortfall            18

31          Section 314  18

32          Dictionary, new definition of advisory board  20

33          Dictionary, definition of community contribution shortfall tax                20

34          Dictionary, new definition of diversification and sustainability support fund 20

Gaming Legislation Amendment Act 2019

A2019-14

An Act to amend legislation about gaming, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

  1. Name of Act

    This Act is the Gaming Legislation Amendment Act 2019.

  2. Commencement

    This Act commences immediately after the commencement of the Gaming Legislation Amendment Act 2018, section 72.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Gambling and Racing Control Act 1999 and the Gaming Machine Act 2004.

Part 2Gambling and Racing Control Act 1999

  1. Code of practice
    Section 18 (1)

    substitute

    (1)A regulation may prescribe 1 or more codes of practice to apply in relation to the following:

    (a)a person who is licensed or has a function under a gaming law;

    (b)a licensee’s executives or members of a licensee’s board or management committee;

    (c)a licensee’s premises or a worker at a licensee’s premises;

    (d)commitments under the National Consumer Protection Framework.

  2. Section 18 (2) (e)

    after

    staff

    insert

    or executives or members of a licensee’s board or management committee

  3. New section 18 (2) (g) to (i)

    insert

    (g)protection of privacy;

    (h)providing workplace rights training for workers at premises of club licensees;

    (i)providing training in corporate governance to a club licensee’s executives or members of a club licensee’s board or management committee.

  4. New section 18 (2A)

    insert

    (2A)A code of practice may include powers of direction for the commission to ensure compliance with the code.

  5. New section 18 (4)

    insert

    (4)In this section:

    National Consumer Protection Framework means the National Consumer Protection Framework for Online Wagering in Australia, National Policy Statement of Australian Governments, as in force from time to time.

  6. Education and counselling
    Section 19 (1) (b) (iii)

    substitute

    (iii)about gambling harm.

  7. Permitted disclosures to particular people
    New section 37 (d) (iiia)

    insert

    (iiia)for the purpose of administering the Gaming Machine Act 2004, division 11.3 (Diversification and sustainability support fund)—a member of the advisory board under that division, a public servant, the commission or the Minister;

  8. Dictionary, new definition of club licensee

    insert

    club licensee means a licensee that is a club under the Gaming Machine Act 2004.

  9. Dictionary, new definition of workplace rights training

    insert

    workplace rights training means training on rights and obligations under laws in force in the ACT that apply in relation to workers at premises of club licensees.

    Examples—rights and obligations

    ·     employment agreements

    ·     minimum wages and employment conditions

    ·     termination of employment agreements

    ·     workplace safety

Part 3Gaming Machine Act 2004

  1. Section 10F heading

    substitute

10FOffence—operating gaming machine if authorisation surrendered

  1. Transferring an authorisation certificate
    Section 37E (2), note

    substitute

    NoteAmounts are payable by licensees under provisions including s 143, s 159 and s 172B.

  2. Section 127T heading

    substitute

127TStorage permit—conditions

  1. Section 127U heading

    substitute

127UStorage permit—term

  1. Section 127U (1) and (3)

    omit

    A permit

    substitute

    A storage permit

  2. Audit of financial statements etc
    Section 158 (1)

    omit

    each financial year—

    substitute

    each financial year of the licensee—

  3. Section 161A

    substitute

161APayment of gaming machine tax or payment to diversification and sustainability support fund—quarterly election

(1)A licensee that is entitled to a GMT rebate under section 162 may elect to pay the gaming machine tax or required amount to the diversification and sustainability support fund for each quarter of the financial year.

(2)The election is made by giving the commission written notice of the election.

(3)An election begins on the first day of the next quarter after the election is made and continues to apply until the licensee withdraws the election in writing.

  1. Section 163C heading

    substitute

163CPayment from gambling harm prevention and mitigation fund—required payments and community purpose contributions

  1. Section 163D heading

    substitute

163DPayment from gambling harm prevention and mitigation fund—minimum community contributions

  1. New division 11.3

    insert

Division 11.3            Diversification and sustainability support fund

Subdivision 11.3.1     Preliminary

163EDefinitions—div 11.3

In this division:

advisory board means the board established under section 163K.

diversification and sustainability support fund—see section 163F.

163FDiversification and sustainability support fund

(1)The director-general must open and maintain a banking account (the diversification and sustainability support fund).

(2)The diversification and sustainability support fund is to provide funding for the following purposes:

(a)assisting clubs to diversify their income to sources other than gaming machines;

(b)supporting the sustainability of clubs;

(c)contributing to projects that help reduce regulatory costs or improve efficiency in administration and compliance for clubs;

(d)training and skills development for club workers, executives and members of club management committees and boards.

(3)In this section:

banking account means an account with an authorised deposit-taking institution that is, or is substantially the same as, a bank account.

163GReporting

(1)Each report prepared by the director-general under the Annual Reports (Government Agencies) Act 2004 for a reporting year must include the following information about the operation of the diversification and sustainability support fund for the reporting year:

(a)payments into, and out of, the fund during the year;

(b)the name of each person (other than an individual) who made a payment into the fund or who received a payment out of the fund;

(c)the purposes for which payments were made out of the fund.

(2)In this section:

reporting year—see the Annual Reports (Government Agencies) Act 2004, dictionary.

Subdivision 11.3.2     Payments to and from diversification and sustainability support fund

163HPayments to diversification and sustainability support fund

(1)For each tax period, a licensee that is a club is liable to pay the required amount to the commission for each of the licensee’s authorised premises.

(2)The commission must pay the amounts received under subsection (1) to the diversification and sustainability support fund.

(3)The required amount, for a tax period for an authorised premises of the licensee, means the amount worked out under the following formula:

A means the number of authorisations for gaming machines held under an authorisation certificate for the authorised premises at the beginning of the first day of the tax period.

B means—

(a)if A is 100 or more—the number of the authorisations that exceed 99; or

(b)if A is less than 100—nil.

M means the number of months in the tax period.

(4)An amount required to be paid for a tax period is payable on the 7th day after the end of the tax period.

(5)In this section:

authorised premises, of a licensee for a tax period, means an authorised premises of a licensee at the beginning of the first day of the tax period.

163IPayments out of diversification and sustainability support fund

(1)A payment out of the diversification and sustainability support fund may only be made in accordance with this section.

(2)The director-general must make a payment out of the diversification and sustainability support fund if—

(a)an application for the payment has been made in accordance with any guidelines made under section 163J; and

(b)the payment is for a purpose mentioned in section 163F (2); and

(c)the Minister directs the director-general to make the payment after the Minister has consulted with the advisory board in relation to the payment.

163JGuidelines for applications for payments out of diversification and sustainability support fund

(1)The Minister may make guidelines for applications from entities seeking payments out of the diversification and sustainability support fund.

(2)The guidelines may include guidelines about the kinds of applications, or applicants, to be considered for payments out of the fund for a particular year or period.

(3)A guideline is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

Subdivision 11.3.3     Advisory board for diversification and sustainability support fund

163KEstablishment of advisory board

The advisory board for the diversification and sustainability support fund is established.

163LFunctions of advisory board

(1)The main functions of the advisory board are to—

(a)advise the Minister on matters concerning the diversification and sustainability support fund; and

(b)make recommendations about payments to be made from the fund.

(2)The advisory board also has any other function given to the board under this Act.

163MMembership of advisory board

(1)The advisory board consists of up to 4 members, appointed by the Minister, who the Minister considers have qualifications or experience in appropriate areas to assist the advisory board to exercise its functions.

Examples—appropriate areas for qualifications or experience

·     business strategy or financial management

·     club operations

·     urban design, planning or property development

Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

(2)A person must be appointed to the advisory board for not longer than 2 years.

(3)The Minister must appoint a chair of the advisory board from the members appointed under subsection (1).

(4)The conditions of appointment of a member appointed under subsection (1), or the chair appointed under subsection (3), are the conditions agreed between the Minister and the member or chair, subject to any determination under the Remuneration Tribunal Act 1995.

163NAdvisory board—making and ending appointments

(1)The Minister must not appoint a person, or must end an appointment of a person, to the advisory board if—

(a)the person, or the person’s domestic partner, is an influential person for a licensee that is a club; or

(b)the person is an employee, representative or board member of an industry association for clubs; or

(c)the person has been convicted, or found guilty, of an offence against a gaming law; or

(d)within the last 5 years, the person has been convicted, or found guilty, of—

(i)an offence in Australia punishable by imprisonment for at least 1 year; or

(ii)an offence outside Australia that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year; or

(e)the Minister considers that the person is unlikely to be able to exercise the functions of a member of the board because of the person’s business association, financial association or close personal association with another person.

(2)The Minister may end an appointment of a person to the advisory board if the person—

(a)contravenes a territory law; or

(b)fails to take all reasonable steps to avoid being placed in a position where a conflict of interest may arise during the exercise of the person’s functions as a member of the board; or

(c)is bankrupt or personally insolvent; or

(d)is absent from 3 consecutive meetings of the board, otherwise than on approved leave; or

(e)is affected by physical or mental incapacity that substantially affects the person’s ability to exercise the functions of a member of the board.

(3)In this section:

association, of a person with another person, does not include the person’s membership of a club unless the person is involved in managing or running the club.

163OAgenda to require disclosure of interest item

(1)The agenda for each meeting of the advisory board must include an item requiring any material interest in an issue to be considered at the meeting to be disclosed to the meeting.

(2)In this section:

material interest—see section 163P (4).

163PDisclosure of interests by members of advisory board

(1)If a member of the advisory board has a material interest in an issue being considered, or about to be considered, by the board, the member must disclose the nature of the interest at a board meeting as soon as practicable after the relevant facts come to the member’s knowledge.

(2)The disclosure must be recorded in the board’s minutes and, unless the board otherwise decides, the member must not—

(a)be present when the board considers the issue; or

(b)take part in a decision of the board on the issue.

Example

Albert, Boris and Chloe are members of the board. They have an interest in an issue being considered at a board meeting and they disclose the interest as soon as they become aware of it. Albert’s and Boris’s interests are minor but Chloe has a direct financial interest in the issue.

The board considers the disclosures and decides that because of the nature of the interests—

(a)Albert may be present when the board considers the issue but not take part in the decision; and

(b)Boris may be present for the consideration and take part in the decision.

The board does not make a decision allowing Chloe to be present or take part in the board’s decision. Accordingly, since Chloe has a material interest she cannot be present for the consideration of the issue or take part in the decision.

(3)Any other board member who also has a material interest in the issue must not be present when the board is considering its decision under subsection (2).

(4)In this section:

associate, of a person, means—

(a)the person’s business partner; or

(b)a close friend of the person; or

(c)a family member of the person.

indirect interest—without limiting the kinds of indirect interests a person may have, a person has an indirect interest in an issue if any of the following has an interest in the issue:

(a)an associate of the person;

(b)a corporation, if the corporation has not more than 100 members and the person, or an associate of the person, is a member of the corporation;

(c)a subsidiary of a corporation mentioned in paragraph (b);

(d)a corporation if the person, or an associate of the person, is an executive officer of the corporation;

(e)the trustee of a trust if the person, or an associate of the person, is a beneficiary of the trust;

(f)a member of a firm or partnership if the person, or an associate of the person, is a member of the firm or partnership;

(g)someone else carrying on a business if the person, or an associate of the person, has a direct or indirect right to participate in the profits of the business.

material interest—a board member has a material interest in an issue if the member has a direct or indirect—

(a)financial interest in the issue; or

(b)interest of any other kind if the interest could conflict with the proper exercise of the member’s functions in relation to the board’s consideration of the issue.

163QProceedings of advisory board

(1)The Minister may make guidelines for the proceedings of the advisory board, including meeting and voting requirements of the board.

(2)Unless any guidelines made by the Minister under subsection (1) provide otherwise, the advisory board may conduct its proceedings as it considers appropriate.

(3)A guideline is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

163RProtection of members of advisory board from liability

(1)A member of the advisory board is not civilly liable for anything done or omitted to be done honestly and without recklessness—

(a)in the exercise of a function under a territory law; or

(b)in the reasonable belief that the act or omission was in the exercise of a function under a territory law.

(2)Any liability that would, apart from this section, attach to a member of the board attaches instead to the Territory.

  1. Definitions—pt 12
    Section 164, definition of recipient, examples

    omit

  2. Meaning of community purpose etc—pt 12
    Section 166 (2) (j)

    after

    community purpose

    insert

    contribution

  3. Minimum community contribution—clubs
    Section 167 (2)

    substitute

    (2)For a community purpose contribution of a club, other than a small or medium club or a club in a small or medium club group, at least 6% of the club’s net revenue must be a contribution of money.

    (2A)However, part of the amount mentioned in subsection (2) may be a contribution in kind rather than of money if the contribution—

    (a)is made under a written arrangement or agreement that has a stated term prescribed by regulation; and

    (b)meets any other requirements prescribed by regulation.

  4. Community purpose contributions—reporting by clubs
    Section 172 (1) (g) (ii)

    substitute

    (ii)the steps, if any, the licensee takes to prevent the misuse of community purpose contributions.

  5. Community contributions—commission must publish summary
    Section 172A (1) (b) (i)

    omit

    section 166 (2)

    substitute

    section 166 (1)

  1. Section 172A (2)

    omit

    about the licensee’s community contributions

  2. Community contribution shortfall tax
    Section 172B

    omit

    financial year

    substitute

    reporting year

  3. Section 172B (5), definition of community contribution shortfall

    omit

    club’s community contributions fall short of its minimum community contribution

    substitute

    club’s contribution towards its minimum community contribution falls short

  4. Section 314

    substitute

  5. Community contributions—clubs with reporting year beginning before and ending after 1 July 2019

    (1)This section applies to a licensee that is a club and has a reporting year that begins before, and ends after, 1 July 2019.

    (2)For that reporting year, the licensee must contribute—

    (a)8% of the licensee’s net revenue for the part of the reporting year ending on 30 June 2019 as community contributions in accordance with part 12 as in force immediately before 1 July 2019; and

    (b)8% of the licensee’s net revenue for the part of the reporting year beginning on 1 July 2019 as community purpose contributions.

    (3)For the community contributions mentioned in subsection (2) (a), part 12 as in force immediately before 1 July continues to apply in relation to the contributions.

    (4)Despite section 167 (1) (c), the contribution mentioned in subsection (2) (b) is taken to be the minimum community purpose contribution that the licensee is required to make for the reporting year.

    (5)In this section:

    reporting year, for a licensee—see section 164.

314ACommunity contributions—clubs with reporting year beginning before 1 July 2019

(1)This section applies in relation to a licensee that has a reporting year that begins before 1 July 2019.

(2)The following provisions, as in force immediately before 1 July 2019, continue to apply for that part of the reporting year that ends before 1 July 2019:

(a)section 166 (Report about records and finances);

(b)section 167 (Commission must report to Minister);

(c)section 168 (Minister must present commission’s report).

(3)In this section:

reporting year, for a licensee—see section 164.

  1. Dictionary, new definition of advisory board

    insert

    advisory board, for division 11.3 (Diversification and sustainability support fund)—see section 163E.

  2. Dictionary, definition of community contribution shortfall tax

    omit

  3. Dictionary, new definition of diversification and sustainability support fund

    insert

    diversification and sustainability support fund, for division 11.3 (Diversification and sustainability support fund)—see section 163F.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 4 April 2019.

  2. Notification

    Notified under the Legislation Act on 23 May 2019.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Gaming Legislation Amendment Bill 2019, which was passed by the Legislative Assembly on 16 May 2019.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2019

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