Gaming Machine Act 1987 (ACT)

Gaming Machine Act 1987 (repealed)   

A1987-34

Republication No 18

Effective:  1 November 2004

Republication date: 1 November 2004

As repealed by A2004-34 s 179 (2)

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Gaming Machine Act 1987 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any commencement, amendment, repeal or expiry affecting the republished law to 1 November 2004. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at republications to which the Legislation Act 2001 applies

·     unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

The value of a penalty unit for an offence against this republished law at the republication date is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

Gaming Machine Act 1987 (repealed)

Contents

Page

Part 1Preliminary

1Name of Act  2

2Incorporation of Control Act  2

3Dictionary  2

4Notes  2

4AMaximum stake values—prescription  2

5Relationship with other laws  3

Part 2Administration

6Administration  4

8Register of licences  4

Part 4Licences

Division 4.1A        Authority given by licences

13A         Authorised activities  5

Division 4.1           Issue of licences

14Application for licence  5

14AA        Additional requirements for social impact assessments  7

14AB        Guidelines about social impact assessments  8

14A         Issue or refusal of licences—clubs  8

15Issue or refusal of licences—general and on licensees  9

15A         Issue or refusal of licences—relevant influential person  10

16Issue of licence  11

16A         Percentage payout—calculation  11

17Approval of percentage payout  12

18Conditions for issue of licences—gaming machines  12

20Conditions for issue of licences—premises  13

21Licensee must comply with code of practice  13

Division 4.2           Variation and transfer of licences

22Variation of licences  13

23Transfer of licence  15

Division 4.2A        Restrictions on gaming machines

23A         Application  17

23B         Restriction on gaming machines  17

23C         Circumstances when restriction does not apply  18

Division 4.3           Disciplinary action by commission

24Commission may take disciplinary action against licensee                  19

24A       Grounds for disciplinary action  20

24B         Procedure for disciplinary action  21

25Suspension of licences etc in particular circumstances  21

26Cancellation of club licences on members ballot  22

Division 4.4           General

29Issue of copy of licence  22

30Display of licence  23

30A         Changes in influential persons  23

Division 4.5           Special provisions relating to clubs

30B         Eligible objects  24

30C         Eligible clubs  24

30CA        Club eligibility—life membership exceeding 5% on 1 January 1992       26

30D         Associated organisations  26

30E         Maintaining records relating to club elections  27

30F         Power to require information regarding status of eligible clubs             27

30G         Membership rules  28

30H         Persons may not profit from club  29

Part 5Control of gaming machines

Division 5.1           Administration

31Rules to control operation of gaming machines  31

32Register of gaming machines  31

33Repair book  32

34Approved suppliers  32

34A         Approved technicians  33

34B         Certificates for approved technicians  34

34C         Approved attendants  35

34D         Certificates for approved attendants  36

Division 5.2           Gaming machine dealings

35Acquisition of gaming machines—general  37

36Acquisition of gaming machines—approval  37

37Financial arrangements—approval  38

38Acquisition of gaming machines—anti-corruption offences                  39

39Possession and control of gaming machines  40

39A         Operation of gaming machines other than in accordance with licences     41

39B         Repossession of gaming machines—general  41

39C         Repossession of gaming machines—approval  42

39D         Repossession of gaming machines—contravention of approval conditions 43

39E         Disposal of gaming machines—general  44

39F         Disposal of gaming machines—approval  44

Division 5.3           Installation and operation of gaming machines

40Installation to be in accordance with Act  45

41Installation to be in accordance with approval of commission               45

42Installation not to constitute nuisance  47

43Persons who may install gaming machines  47

43A         Meter readings—certificate  47

43B         Installation certificate  47

43C         Operation after installation  47

44Operation to be subject to correct percentage payout  48

Division 5.4           Linked jackpot arrangements

45Operation of linked jackpot arrangements  48

45A         Linked jackpot arrangements—single club licence  48

45B         Interclub permits—issue  50

45C         Interclub permits—conditions  52

45D         Interclub permits—duration  53

45E         Interclub permits—renewal  53

45F         Interclub permits—variation at commission’s discretion  53

45G         Interclub permits—variation on request by permit-holder  54

45H         Interclub permits—variation of financial and operational aspects           56

45JInterclub permits—transfer  56

45K         Interclub permits—cancellation  57

45LInterclub permits—surrender  58

45M         Undisbursed and unclaimed jackpots  59

Division 5.5           Regulation of gaming machines generally

46Repair and adjustment of gaming machines  60

47Interference with gaming machines  60

48Opening computer cabinets  61

49Percentage payout of gaming machines to be displayed  61

50Rendering gaming machines inoperable on licence ceasing to be in force 61

51Removal of gaming machines from premises  62

Part 5AGaming areas

51B         Warning notices  65

51C         Cash facilities  66

51D         Lending or extending credit  66

51E         Entry to gaming area by persons under 18  67

51F         Persons under 18 must not play gaming machines  67

51G         False identification  68

Part 6Review

52Notice of reviewable decisions  69

52A         Review of decisions  71

53Revocation of certain decisions of commission  71

Part 7Finance

Division 7.1           General

54Accounts relating to gaming machines  72

55Falsifying records etc  72

56Audit of records  73

57Gaming machine tax—imposition  74

58Gaming machine tax—liability  74

58A         Tax credits and refunds in relation to GST for clubs  75

59Returns  76

60Payment of gaming machine tax following transfer  76

Division 7.2           Community contributions

60A         Contributions  76

60B         Approval of community contributions  77

60C         Records of contributions  78

60D         Report  78

60E         Commission must report to Minister  79

60F         Minister must present commission’s report  79

60G         The required community contributions  79

60H         Community contribution shortfall tax—imposition  81

60ICommunity contribution shortfall tax—liability  81

60JCommunity contribution shortfall tax—allocation  81

Part 8Miscellaneous

61Canberra Airport  82

63Offences may be dealt with summarily  82

64Evidentiary certificates  82

66Determination of fees  83

67Regulation-making power  83

Dictionary84

Endnotes

1About the endnotes  92

2Abbreviation key  92

3Legislation history  93

4Amendment history  99

5Earlier republications  117

6Uncommenced amendments  118

Gaming Machine Act 1987 (repealed)

An Act relating to gaming machines

Part 1Preliminary

1Name of Act

This Act is the Gaming Machine Act 1987.

2Incorporation of Control Act               

The Control Act is incorporated and shall be read as one with this Act.

3Dictionary

The dictionary at the end of this Act is part of this Act.

Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘bar-room—see the Liquor Act 1975, dictionary.’ means that the term ‘bar-room’ is defined in that dictionary and the definition applies to this Act.

Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4Notes

A note included in this Act is explanatory and is not part of this Act.

NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4AMaximum stake values—prescription

The regulations may prescribe maximum stake values for section 4, definitions of multi-stake machine and single-stake machine.

5Relationship with other laws

Notwithstanding any other Territory law—

(a)a person who is the holder of a general licence or on licence does not commit an offence only because of the installation, in accordance with this Act, of a gaming machine on the premises to which the licence applies; and

(b)a person does not commit an offence only because of the operation, in accordance with this Act, of a gaming machine on premises to which a general licence or on licence applies.

Part 2Administration

6Administration

The commission has the general administration of this Act.

8Register of licences

The commission shall keep a register of licences and shall enter in the register particulars of the issue, variation, transfer, suspension or cancellation of licences and any other particulars the commission considers appropriate.

Part 4Licences

Division 4.1A            Authority given by licences

13AAuthorised activities

A licence authorises the licensee, subject to this Act—

(a)to acquire and dispose of the licensed gaming machines; and

(b)to install the licensed gaming machines on the licensed premises; and

(c)to operate the licensed gaming machines on the licensed premises at any time when the premises are open for the sale of liquor.

Division 4.1               Issue of licences

14Application for licence

(1)An application for a licence may be made by—

(a)a club; or

(b)a person who is the holder of a general licence; or

(c)a person who is the holder of an on licence;

in relation to the premises of the club, or the premises in relation to which the general licence or on licence applies.

NoteA fee may be determined under s 66 (Determination of fees) for this section.

(2)An application for a licence shall be in writing and—

(a)shall, for an application by an individual—

(i)specify the name and address of the applicant; and

(ii)be signed by the applicant; and

(b)shall, for an application by a club—

(i)specify the name and address of—

(A)the club; and

(B)each officer of the club; and

(C)each relevant influential person; and

(ii)be accompanied by—

(A)a copy of the constitution and rules of the club; and

(B)a list of names, in alphabetical order, and addresses of all members of the club at the date of the application, certified by the secretary of the club to be correct; and

(C)a statement, signed by the secretary of the club, setting out the grounds on which it is claimed that the club is an eligible club; and

(iii)be signed by the secretary of the club; and

(c)shall, for an application by a body corporate other than a club—

(i)specify the name and address of the directors of the body corporate; and

(ii)be signed by a director of the body corporate on behalf of the body corporate; and

(d)shall specify the class, number, type, coin denomination and percentage payout of gaming machines in relation to which the licence is sought; and

(e)for a corporation (including a club)—must state in relation to each relevant influential person the nature of the person’s relationship to the corporation; and

(f)must be accompanied by a social impact assessment; and

(g)must be accompanied by rules that the licensee proposes to adopt to control the operation of gaming machines on the licensed premises; and

(h)must be accompanied by an application for approval, in accordance with section 41, of the part of the premises where the gaming machines are to be installed; and

(i)must be accompanied by any other information or document required by the commission.

(3)A social impact assessment must comply with the guidelines under section 14AB.

14AAAdditional requirements for social impact assessments

(1)This section applies if a person applies for a licence under section 14.

(2)The applicant must publish an advertisement about the application in a newspaper published and circulating in the ACT.

NoteIf a form is approved under the Control Act, s 53D for an advertisement, the form must be used.

(3)The advertisement must state that—

(a)the social impact assessment for the application will be available for inspection by members of the public at the commission’s office during ordinary business hours; and

(b)any written submissions about the social impact assessment may be made to the commission within 6 weeks after the day the advertisement is published.

(4)The applicant must give a copy of the advertisement and evidence of the date of publication of the advertisement to the commission.

(5)The commission must not decide the application until the 6-week period has ended.

(6)The commission must make the social impact assessment available for inspection by members of the public at the commission’s office during ordinary business hours during the 6-week period.

14ABGuidelines about social impact assessments

(1)The Minister may, in writing, make guidelines in relation to social impact assessments, including, for example—

(a)the requirements that must be satisfied by a social impact assessment; and

(b)the matters to be assessed or addressed by a social impact assessment; and

(c)the information to be given by a social impact assessment.

NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(2)Guidelines are a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

14AIssue or refusal of licences—clubs

If in relation to an application by a club the commission is satisfied that—

(a)the club is an eligible club; and

(b)the application complies with the requirements of section 14; and

(c)the size and layout of the premises to which the application relates are suitable for the installation and use of gaming machines; and

(d)the proposed rules to control the operation of gaming machines are satisfactory; and

(e)at a ballot conducted in accordance with the regulations, a majority of the voting members of the club who voted in the ballot voted in favour of the operation of gaming machines on the club premises;

the commission shall, subject to section 15A, issue a licence in relation to the premises of the club.

15Issue or refusal of licences—general and on licensees

(1)This section applies if the holder of a general licence or an on licence applies for a licence for the premises to which the general licence or on licence applies.

(2)The commission must issue the licence if satisfied that—

(a)the application complies with section 14; and

(b)the applicant has complied with any requirement made by the commission under the Control Act, section 22 (Power to require information, instruments or records or attendance for examination) in relation to the application; and

(c)the size and layout of the premises are suitable for the installation and use of gaming machines; and

(d)for an application by an individual—the applicant is an adult; and

(e)for an application by a corporation—the directors of the corporation are adults; and

(f)the operation of gaming machines on the premises will be conducted in a responsible way; and

(g)there will be no adverse impact on any school, community facility, sporting facility, or place of public worship located near the premises; and

(h)the overall economic and social impact of issuing the licence will not be harmful to any community that is within 5km of the premises.

(3)For subsection (2) (f), (g) and (h), the commission must take into account—

(a)the social impact assessment for the application; and

(b)any written submissions made to the commission under section 14AA (Additional requirements for social impact assessments) about the social impact assessment.

(4)Subsection (3) does not limit the matters the commission may take into account.

(5)This section is subject to the following sections:

·     section 15A (Issue or refusal of licences—relevant influential person)

·     section 16 (Issue of licence)

·     section 18 (Conditions for issue of licences—gaming machines)

·     section 20 (Conditions for issue of licences—premises).

15AIssue or refusal of licences—relevant influential person

(1)This section applies—

(a)for a club—to a relevant influential person; and

(b)for the holder of a general licence or on licence (other than a club)—

(i)if the holder is an individual—to that person; or

(ii)if the holder is a corporation—to a relevant influential person for the corporation.

(2)The commission may refuse to issue a licence if a person to whom this section applies is an unsuitable person.

16Issue of licence

Despite the number and type of gaming machines specified in an application for a licence, the commission may determine the number and type of gaming machines to be specified in the licence having regard to—

(a)the size and layout of the premises to which the application relates; and

(b)the size and layout of the room or area where it is proposed to install gaming machines; and

(c)for an application by a club—the number of members of the club; and

(d)any other matters that are relevant.

16APercentage payout—calculation

(1)The percentage payout for a class A or class C gaming machine, other than a machine in a linked jackpot arrangement, is the percentage of the value of the defined number of stakes that would be payable as winnings if the machine were to be played using that number of stakes.

(2)The percentage payout for a class B gaming machine, other than a machine in a linked jackpot arrangement, is the percentage of the turnover of the machine that would be payable as winnings if the machine were to be played with reasonable strategies that would be adopted by persons displaying average skills in playing the machine.

(3)The percentage payout for a gaming machine in a linked jackpot arrangement is the sum of the following 2 percentages:

(a)the percentage payout that would be applicable to the machine under this section if it were not in a linked jackpot arrangement;

(b)the percentage of the turnover of the machine that is set aside under the arrangement for the payment of linked jackpots.

(4)In this section:

defined number, in relation to a class A or class C gaming machine, means the product of the number of stopping positions on each reel in the machine.

17Approval of percentage payout

(1)The commission must approve for each gaming machine to which a licence relates a percentage payout that is not less than 85%.

(2)The percentage payout for each gaming machine must be specified in the licence.

18Conditions for issue of licences—gaming machines

(1)A licence shall not be issued to a club except in relation to class B gaming machines or class C gaming machines.

(2)A licence must not be issued for premises to which a general licence or on licence applies except for class B gaming machines.

(3)A licence must not be issued for premises to which a general licence applies—

(a)if the premises contain at least 12 rooms that are for use as residential accommodation for lodgers—for more than 10 gaming machines; or

(b)if the premises do not contain rooms that are for use as residential accommodation for lodgers, or contain less than 12 of those rooms—for more than 2 gaming machines.

(4)A licence must not be issued for premises to which an on licence applies for more than 2 gaming machines.

(5)A licence must not be issued for premises to which an on licence applies unless the on licence is stated to be for the primary purpose of running a tavern/bar.

20Conditions for issue of licences—premises

A licence shall not be issued in relation to premises to which a general licence or an on licence applies unless—

(a)the premises have, for a continuous period of not less than 12 months immediately before the making of the application for the gaming machine licence, been the subject of a general licence or an on licence; and

(b)the installation and use on the premises of gaming machines are not likely to affect adversely—

(i)the nature or character of the premises; or

(ii)the general use of the premises or enjoyment of persons using the premises; and

(c)for an on licence—the premises are primarily used by persons for the consumption of liquor.

21Licensee must comply with code of practice

A licensee must comply with the relevant code of practice (if any) prescribed under the Control Act.

Division 4.2               Variation and transfer of licences

22Variation of licences

(1)At the written request of a licensee, the commission may vary the licence for the purpose of—

(a)increasing or reducing the number of licensed gaming machines; or

(b)altering the percentage payout of a licensed gaming machine; or

(c)altering the basic stake denomination of a licensed gaming machine; or

(d)altering the type of a licensed gaming machine; or

(e)making changes to the premises to which the licence applies; or

(f)moving to different premises.

(2)An application must be accompanied by—

(a)if the application is for a change to the premises or moving to different premises—an application for approval, in accordance with section 41, of the part of the premises where the gaming machines are to be installed; and

(b)any other information or document required by the commission.

NoteA fee may be determined under s 66 (Determination of fees) for this section.

(3)The commission must not vary the licence to increase the number of licensed gaming machines unless satisfied that—

(a)the licensee has maintained and operated the existing machines in accordance with this Act; and

(b)the increase is reasonable, having regard to—

(i)the size and layout of the premises; and

(ii)if the licensee is a club—the number of its members.

(4)The commission shall not approve the variation of a licence—

(a)if the licensee owes any money to the Territory under a tax law or a gaming law; or

(b)if the licensee is a club—if the commission considers that it is not in the best interests of the members of the club; or

(c)for a variation under subsection (1) (b), (c) or (d)—if the commission considers that the variation is technically unsuitable, having regard to any technical evaluation relevant to the gaming machine in question, or to gaming machines of the same type.

(5)As soon as practicable after varying a licence, the commission shall give the licensee a notice specifying—

(a)the variation; and

(b)the period within which the licensee is required to implement the changes authorised by the variation.

(6)Subject to subsection (7), the variation of a licence comes into effect on the implementation of the changes authorised by the variation.

(7)The commission may revoke a variation of a licence if the commission is satisfied on reasonable grounds that the licensee has not implemented the changes authorised by the variation within the period specified under subsection (5) (b), or any longer period allowed by the commission.

23Transfer of licence

(1)The commission may approve the transfer of a licence issued in relation to premises to which a general licence or on licence applies to a person who is eligible for such a gaming machine licence.

(2) The commission may approve the transfer of a gaming machine licence held by a club in relation to the premises of the club to another club that holds a gaming machine licence in relation to its premises.

(3)An application for the transfer of a licence—

(a)shall be in writing and signed—

(i)for an application by an individual—by the applicant; and

(ii)for an application by a body corporate—by a director of the body corporate on behalf of the body corporate; and

(b)shall be lodged with the commission; and

(c)shall state the full name and address—

(i)for an application by an individual—of the applicant; and

(ii)for an application by a body corporate—of each director of the body corporate; and

(d)must be accompanied by any other information the commission requires.

(4)The commission shall not approve the transfer of a licence—

(a)that has been cancelled; or

(b)that has ceased to be in force under section 25 (3); or

(c)at any time when a suspension of the licence is in force; or

(d)at any time after giving a person under section 24B (1) an opportunity of showing cause why the licence should not be suspended or cancelled and before the date when the decision of the commission whether so to cancel or suspend the licence is made.

(5)If the commission approves the transfer of a licence, the licensee shall lodge with the commission —

(a)the licence; and

(b)the repair book of gaming machines kept in connection with the licence under section 33; and

(c)such of the accounts kept in connection with the licence under section 54 as relate to money taken during the month then current together with the other accounts kept in connection with the licence under that section that the commission requires.

(6)The commission shall—

(a)on receipt by the commission of the licence and repair book and accounts referred to in subsection (5); and

(b)on payment by the licensee of any relevant amount referred to in subsection (7) that remains unpaid;

endorse on the licence a memorandum of the transfer and deliver the licence and the repair book and accounts to the person to whom the licence is transferred.

(7)For subsection (6), the relevant amount is any amount that is payable by the licensee under the Control Act in relation to gaming machine tax in relation to gaming machines installed on the licensed premises being an amount payable in relation to any time before the month in which the licence is received by the commission.

Division 4.2A            Restrictions on gaming machines

23AApplication

(1)This division has effect notwithstanding any other provision of this part.

(2)This division expires on 30 June 2005.

23BRestriction on gaming machines

(1)This section applies to—

(a)an application for a licence; or

(b)a request to vary a licence for the purpose of increasing the number of licensed gaming machines.

(2)The commission shall not—

(a)issue a licence on an application; or

(b)vary a licence on a request;

to which this section applies if—

(c)to issue a licence; or

(d)to increase the number of licensed gaming machines;

would result in the number of gaming machines on licensed premises exceeding 5 200.

(3)In determining the number or type of gaming machines to be specified in a licence issued on an application, or varied on a request, to which this section applies, the commission, in addition to the matters about which the commission is to be satisfied or to which the commission is to have regard under this part, shall also have regard to—

(a)for a request by a club to vary a licence—the ratio of the membership to the number and types of gaming machines in existing clubs; and

(b)for an application or request made by a club—the extent to which the club is likely to contribute to, support and be beneficial to the community; and

(c)any other matters that are relevant.

23CCircumstances when restriction does not apply

Section 23B does not apply in relation to a club that, on 24 June 1998, did not hold a licence if, having regard to the following criteria, the commission is satisfied that the section should not apply in relation to that club:

(a)the commission is satisfied that the club has, before that date, made a significant investment in its facilities and has demonstrated a commitment to providing services to the community;

(b)the importance of the club to the community and the extent to which the club is likely to contribute to, support and be beneficial to the community;

(c)the corporate and financial relationships with an existing club;

(d)the extent to which the financial viability of the club would be affected if the licence were not issued;

(e)any other matters that are relevant.

Division 4.3Disciplinary action by commission               

U    24             Commission may take disciplinary action against licensee

(1)If the commission is satisfied that grounds for disciplinary action exist in relation to a gaming machine licence, the commission may take any of the following disciplinary actions that it considers appropriate:

(a)issue a censure;

(b)impose conditions on, or vary the conditions of, the licence;

(c)impose a monetary penalty not exceeding $10 000;

(d)suspend the licence for a specified period or until a specified condition is fulfilled;

(e)suspend the licence indefinitely;

(f)cancel the licence.

(2)In this Act:

censure means a notice to a gaming machine licensee that sets out grounds of disciplinary action against the licensee.

(3)A censure may include a direction that requires the gaming machine licensee, within a specified time—

(a)to cease contravening a provision of this Act or condition of the licence; or

(b)to rectify a matter that contributes to the grounds of disciplinary action.

(4)A licence has no effect for section 5 while it is suspended but the suspension does not affect its operation for any other purpose.

(5)A monetary penalty imposed under this section may be recovered as a debt due to the Territory.

U    24A          Grounds for disciplinary action

In this Act, grounds for disciplinary action exist in relation to a gaming machine licence if—

(a)information given to the commission by the licensee at any time was false, incomplete or otherwise misleading; or

(b)the licensee or an agent or employee of the licensee contravenes a provision of this Act or a condition of the licence; or

(c)the licensee or, for a club, a relevant influential person is or becomes an unsuitable person; or

(d)for a licence issued in relation to the premises of a club—

(i)the club has been or is about to be wound up; or

(ii)the club has not operated for a period of 3 months or for a longer period allowed by the commission; or

(iii)the club has ceased to be an eligible club; or

(e)for a licence issued in relation to premises to which an on licence applies—the premises have ceased to be used by persons primarily for the consumption of liquor.

24BProcedure for disciplinary action

(1)Subject to this section, the commission must not take disciplinary action against a licensee unless the commission has given the licensee—

(a)21 days notice that the action is contemplated, and the grounds for it; and

(b)a reasonable opportunity to show cause why the proposed action should not be taken.

(2)If a direction given in a censure is not complied with in the specified time, the commission may take further disciplinary action without complying with subsection (1).

(3)A member of the commission who has participated in a decision to issue a censure is not prevented by that reason alone from participating in a decision on whether further disciplinary action should be taken under subsection (2).

(4)The commission may reduce the severity of a disciplinary action by sending a written notice to the licensee.

(5)A disciplinary action or an action under subsection (4) takes effect when written notice of the action is received by the licensee, or on a later date specified in the notice.

25Suspension of licences etc in particular circumstances

(1)If a general licence or on licence relating to premises in relation to which a gaming machine licence applies is not renewed under the Liquor Act 1975, the gaming machine licence ceases to be in force.

(2)If a general licence or on licence relating to premises in relation to which a gaming machine licence applies is suspended under the Liquor Act 1975, the gaming machine licence is suspended for the period of suspension of the general licence or on licence.

(3)If a general licence or on licence relating to premises in relation to which a gaming machine licence applies is cancelled under the Liquor Act 1975, the gaming machine licence ceases to be in force.

(4)A licence shall not be taken to be in force during the period for which it is suspended.

26Cancellation of club licences on members ballot

(1)The commission shall cancel a licence held by a club if the commission is satisfied that, at a ballot, a majority of the voting members of the club who voted in the ballot voted in favour of the cancellation of the licence.

(2)A ballot for subsection (1) shall be conducted in the manner prescribed by the regulations.

Division 4.4               General

29Issue of copy of licence

If the commission is satisfied that a licence in force under this Act has been lost or destroyed, the commission may issue to the licensee a copy of the licence and that copy has, for this Act, the same force and effect as the licence.

NoteA fee may be determined under s 66 (Determination of fees) for this section.

30Display of licence

Except if a licensee ceases to have possession of a licence as a result of the licence being forwarded to the commission for section 22 (5) or 23 (5), the licensee shall cause the licence to be displayed in a conspicuous position on the licensed premises.

Maximum penalty:   5 penalty units.

30AChanges in influential persons

(1)If it is proposed that—

(a)a person become or cease to be a relevant influential person in relation to a body; or

(b)there be any other change in the relationship of a relevant influential person to a body;

the body must give the commission written notice of the person’s name and residential address and details of the proposed change.

Maximum penalty:  100 penalty units.

(2)If—

(a)a person has become or has ceased to be a relevant influential person in relation to a body; or

(b)there has been any other change in the relationship of a relevant influential person to a body;

and no notice was given in accordance with subsection (1), the body must, within 28 days, give the commission written notice of the person’s name and residential address and details of the change.

Maximum penalty:  100 penalty units.

(3)In this section:

body means a corporation that—

(a)holds or has applied for a licence; or

(b)is a partner in a partnership on behalf of which a person holds or has applied for a licence, whether or not the partner’s name appears on the licence or the application.

Division 4.5               Special provisions relating to clubs

30BEligible objects

(1)An object of a club is an eligible object if—

(a)it has the purpose of furthering or promoting—

(i)recreation; or

(ii)social, religious, political, literary, scientific, artistic, sporting or athletic purposes; or

(b)it is approved, in writing, by the Minister; or

(c)it is substantially the same as an object mentioned in paragraph (a) or (b).

(2)An approval under subsection (1) (b) is a disallowable instrument.

NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

30CEligible clubs

(1)A club is an eligible club if—

(a)the club is incorporated in the ACT under the Corporations Act; and

(b)the club’s statement of objects—

(i)includes eligible objects; and

(ii)indicates that the eligible objects together constitute the main part of its objects; and

(c)the club is conducted primarily to achieve eligible objects; and

(d)the rules of the club—

(i)satisfy section 30G (Membership rules); and

(ii)are consistent with section 30H (Persons may not profit from the club); and

(iii)do not prohibit the playing of games of chance for money on the premises of the club; and

(e)the club has at least 200 voting members; and

(f)the number of life members of the club does not exceed 5% of the number of voting members of the club; and

(g)the premises occupied by the club, and the facilities and property of the club, are kept and maintained for the benefit of members generally.

(2)Subsection (1) (a) does not apply to a club that—

(a)was a licensee on 30 June 2000; and

(b)in the financial year ending 30 June 2000 had a corrected gross revenue of less than $500 000;

until the relevant period after a later financial year in which the club had a gross revenue of $500 000 or more.

(3)In this section:

corrected gross revenue—if a club is a licensee for only a fraction (F) of a financial year, and has a gross revenue for that time of R, the club’s corrected gross revenue for the year is R/F.

relevant period means 6 months or any longer period, of not more than 2 years, that the commission allows on the application of the club.

30CAClub eligibility—life membership exceeding 5% on 1 January 1992

(1)This section applies to a club if, on 1 January 1992, more than 5% of the ordinary members of the club were life members.

(2)If this section applies to a club, on and after 1 January 1992 the eligibility of the club is not to be taken to be affected only because it does not satisfy section 30C (1) (f).

(3)If this section applies to a club, the club ceases to be an eligible club if, at any time after 1 November 1993—

(a)more than 5% of the ordinary members of the club are life members; and

(b)the club grants life membership to another ordinary member.

30DAssociated organisations

(1)If the commission is satisfied—

(a)that an organisation is associated with a club; and

(b)that the organisation is not carried on for the purpose of profit or gain to its members or any other person; and

(c)it is incorporated under the Corporations Act or as an association; and

(d)its statement of objects—

(i)includes eligible objects; and

(ii)indicates that the eligible objects together constitute the main part of its objects; and

(e)it is conducted primarily to achieve eligible objects; and

(f)approval of the organisation as an associated organisation would not result in the club ceasing to be conducted primarily to achieve eligible objects;

the commission may, in writing, approve the organisation for section 4, definition of associated organisation.

(2)In this section—

(a)a reference to the statement of objects of an organisation incorporated under the Corporations Act is a reference to its memorandum; and

(b)a reference to an eligible object of an organisation that is not a club is a reference to an object that would be an eligible object if the organisation were a club.

30EMaintaining records relating to club elections

(1)A club shall not fail, without reasonable excuse, to maintain records of—

(a)the election of members of the club; and

(b)the election or re-election of members of the governing body of the club;

for at least 2 years after the election or re-election.

Maximum penalty:   20 penalty units.

(2)In subsection (1):

club means a club in relation to whose premises a licence has been issued.

30FPower to require information regarding status of eligible clubs

(1)If the commission suspects on reasonable grounds that a club has ceased to be an eligible club, the commission may, by instrument served on an officer of the club, require the officer, within the period specified in the instrument—

(a)to give information; or

(b)to produce documents;

to the commission in connection with the club or an organisation that is an associated organisation of the club.

(2)In subsection (1):

club means a club in relation to whose premises a licence has been issued.

30GMembership rules          

The rules of a club satisfy this section only if they have the effect that—

(a)the club has members who are entitled to vote on matters to be decided by the club (voting members); and

(b)a voting member—

(i)is entitled to vote on every matter to be decided by the club (other than matters to be decided by the governing body); and

(ii)has a single vote on every matter; and

(iii)is eligible to be elected to the governing body of the club; and

(c)an annual fee (whether or not payable by instalments) is required for a voting member; and

(d)a person is not eligible to become a voting member unless he or she—

(i)is at least 18 years old; and

(ii)has been elected to membership by—

(A)a meeting of voting members of the club; or

(B)a duly convened meeting of the governing body or a committee of the club, the names of whose members present and voting at that meeting are recorded by the secretary; and

(e)a person who is eligible to be a voting member—

(i)becomes a voting member on payment of an annual fee or an instalment; and

(ii)remains a voting member for the period covered by the fee or instalment; and

(iii)ceases to be a voting member at the end of a period if the fee for the following period has not been paid; and

(f)at periods of not more than 3 years the term of office of the governing body of the club ends and—

(i)the members of the governing body are elected or re-elected by voting members of the club; or

(ii)1 or more members of the governing body are elected or re-elected on the nomination of, or in accordance with the direction of, an associated organisation and any other members of the governing body are elected or re-elected by voting members of the club.

30HPersons may not profit from club          

(1)A person (whether or not a member) must not derive, directly or indirectly, any benefit from a club other than a benefit that—

(a)is available equally to all voting members of the club; or

(b)arises under an agreement in which the parties are dealing with each other at arm’s length; or

(c)is conferred on a member under a resolution passed at a general meeting of voting members.

(2)A person (whether or not a member) must not derive, directly or indirectly, any benefit from—

(a)the club having applied for a licence; or

(b)a licence being issued to the club; or

(c)any added value that may accrue to the premises of the club because of a licence being issued to the club;

that is not available equally to all voting members of the club.

(3)For this section, a person is not excluded from being regarded as dealing with the club at arm’s length only because—

(a)the person and the club are bodies corporate that are related under the Corporations Act, section 50; or

(b)either—

(i)the person; or

(ii)an individual representing the person in dealings with the club;

is a relevant influential person in relation to the club.

(4)This section does not prevent a person taking a benefit if—

(a)the person is entitled (whether or not under the rules of the club) to the benefit in the course of acting on behalf of the club; and

(b)the benefit consists only of—

(i)reasonable food or refreshment; or

(ii)out-of-pocket expenses reasonably incurred and authorised by a resolution of the club’s governing body.

Part 5Control of gaming machines

Division 5.1               Administration

31Rules to control operation of gaming machines

(1)A licensee must enforce the rules approved by the commission to control the operation of gaming machines on its licensed premises.

(2)The commission may, on the application of the licensee, approve a variation in the rules.

32Register of gaming machines

(1)A licensee shall keep a register of the gaming machines that are installed on the licensed premises.

(2)The particulars required to be entered in the register in relation to each gaming machine shall be entered under a distinct number that shall correspond with a number displayed on the machine.

(3)The following particulars shall be entered in the register in relation to each gaming machine installed on licensed premises:

(a)the number of the machine;

(b)the type of the machine;

(c)the class of the machine;

(d)the percentage payout determined by the licensee in relation to the machine;

(e)any other particulars that the commission requires.

Maximum penalty:  5 penalty units.

33Repair book

(1)A licensee shall keep a repair book of gaming machines.

(2)A licensee shall enter in the repair book details of any period during which, and of the reason why, a gaming machine on the licensed premises was not in operation.

(3)If a person repairs or adjusts a gaming machine, whether by opening the machine or not, the person shall enter in the repair book—

(a)the particulars necessary to clearly identify the machine; and

(b)the date when the repair or adjustment was made; and

(c)particulars of the nature of the repair or adjustment; and

(d)any other particulars that the commission requires.

(4)An entry made in the repair book in relation to a gaming machine under subsection (3) shall be signed by the person who repaired or adjusted the machine.

Maximum penalty:  10 penalty units.

34Approved suppliers             

The commission may approve a person as an approved supplier for this Act if satisfied that the person—

(a)sells, repairs or maintains gaming machines; and

(b)is of good business reputation; and

(c)for an individual—he or she is not an unsuitable person and is of good character; and

(d)for a body corporate—each relevant influential person is not an unsuitable person and is of good character; and

(e)satisfies any prescribed conditions.

34AApproved technicians          

(1)The commission may, on the application of an approved supplier, approve an individual as an approved technician for this Act.

(2)An application must be accompanied by—

(a)the details the commission requires about the person, the applicant and the relationship between them; and

(b)an undertaking by the person to—

(i)request the police to check the person’s criminal record using the person’s fingerprints; and

(ii)authorise the police to report to the commission the results of the check; and

(c)2 passport-size photographs of the person.

Note 1A fee may be determined under s 66 (Determination of fees) for this section.

Note 2If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms) for an application, the form must be used.

(3)The commission may waive a requirement imposed under subsection (2) (a) if the application is for renewal of an existing approval.

(4)The commission must not approve a person unless satisfied that the person is qualified.

(5)The commission may approve a person in relation to several suppliers.

(6)The commission may transfer an approval relating to an approved technician from one supplier to another.

(7)Approval is valid for 2 years.

(8)The commission may cancel an approval if the commission ceases to be satisfied that the person is qualified.

(9)An individual is qualified for approval under this section if he or she—

(a)either—

(i)is an approved supplier; or

(ii)is, or will on approval be, an employee or an agent of an approved supplier; and

(b)is suitably qualified to repair and adjust gaming machines serviced by the supplier; and

(c)is not an unsuitable person; and

(d)is of good character; and

(e)satisfies any prescribed conditions.

34BCertificates for approved technicians          

(1)If the commission approves a technician, the commission must issue a certificate to the supplier containing the details of the approval.

(2)The commission may also issue or approve an identity card to be carried by the approved technician.

(3)If a certificate has been issued and—

(a)the approval expires; or

(b)the approved technician ceases to be employed by or ceases to be an agent of the supplier; or

(c)the supplier receives notice that the approval has been withdrawn;

the supplier must return the certificate and any identity cards to the commission within 7 days.

Maximum penalty:  5 penalty units.

(4)If a certificate or identity card is lost or destroyed, the commission may issue a replacement certificate or identity card.

NoteA fee may be determined under s 66 (Determination of fees) for this section.

34CApproved attendants

(1)The commission may, on the application of a licensee, approve an individual as an approved attendant for this Act.

(2)An application must be accompanied by—

(a)the details the commission requires about the person; and

(b)an undertaking by the person to—

(i)request the police to check the person’s criminal record using the person’s fingerprints; and

(ii)authorise the police to report to the commission the results of the check; and

(c)2 passport-size photographs of the person.

Note 1A fee may be determined under s 66 (Determination of fees) for this section.

Note 2If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms) for an application, the form must be used.

(3)The commission may waive a requirement imposed under subsection (2) (a) if the application is for renewal of an existing approval.

(4)The commission must not approve a person unless satisfied that the person is qualified.

(5)The commission may approve a person in relation to several licensees.

(6)The commission may transfer an approval relating to an approved attendant from one licensee to another.

(7)Approval is valid for 2 years.

(8)The commission may cancel an approval if the commission ceases to be satisfied that the person is qualified.

(9)An individual is qualified for approval under this section if he or she—

(a)is, or will on approval be, an employee of a licensee; and

(b)is not an unsuitable person; and

(c)is  of good character; and

(d)satisfies any prescribed conditions.

34DCertificates for approved attendants          

(1)If the commission approves an attendant, the commission must issue a certificate to the licensee containing the details of the approval.

(2)If a certificate has been issued and—

(a)the approval expires; or

(b)the approved attendant ceases to be employed by the licensee; or

(c)the licensee receives notice that the approval has been withdrawn;

the licensee must return the certificate to the commission within 7 days.

Maximum penalty:   5 penalty units.

(3)If a certificate is lost or destroyed, the commission may issue a replacement certificate.

NoteA fee may be determined under s 66 (Determination of fees) for this section.

Division 5.2               Gaming machine dealings

35Acquisition of gaming machines—general

A person must not acquire a gaming machine except in accordance with an approval under section 36.

Maximum penalty:   100 penalty units, imprisonment for 1 year or both.

36Acquisition of gaming machines—approval

(1)An application for approval to acquire a gaming machine shall be in writing, accompanied by—

(a)the proposed contract for the acquisition (including any proposed order); and

(b)details of any proposed arrangements for financing the acquisition.

(2)On application in accordance with subsection (1), the commission shall approve the acquisition of a gaming machine—

(a)if the applicant is a licensee; and

(b)if the applicant’s licence authorises the applicant to operate the machine; and

(c)if the acquisition is to be under a written contract; and

(d)if the person from whom the machine is to be acquired—

(i)is an approved supplier; or

(ii)has obtained an approval under section 39F to dispose of the machine; and

(e)unless the commission considers that the machine is technically unsuitable, having regard to any technical evaluation relevant to the machine, or to gaming machines of the same type; and

(f)if any proposed arrangements for financing the acquisition are approved (or are to be approved) under section 37; and

(g)if the applicant is a club—unless the commission is satisfied that it is not in the best interests of the members of the club.

37Financial arrangements—approval

(1)A licensee shall not enter into an arrangement for financing the acquisition of a gaming machine except in accordance with the approval of the commission.

(2)An application for approval shall be in writing, accompanied by a copy of all documents associated with the proposed arrangement.

(3)On application in accordance with subsection (2), the commission shall approve an arrangement for financing the acquisition of a gaming machine—

(a)if the arrangement is to be under a written contract or contracts; and

(c)if the acquisition is approved, or is to be approved, under section 36; and

(d)if the applicant is a club—unless the commission is satisfied that it is not in the best interests of the members of the club.

(4)It is a condition of an approval that no contract forming part of the approved financial arrangements be varied without the prior approval of the commission.

38Acquisition of gaming machines—anti-corruption offences

(1)A person shall not offer or provide a profit, benefit or advantage directly or indirectly to—

(a)a licensee; or

(b)an employee or agent of a licensee; or

(c)a relevant influential person in relation to a licensee;

as an inducement for the acquisition of a gaming machine by the licensee.

Maximum penalty:   50 penalty units, imprisonment for 6 months or both.

(2)A person who is—

(a)a licensee; or

(b)an employee or agent of a licensee; or

(c)a relevant influential person in relation to a licensee;

shall not accept a direct or indirect profit, benefit or advantage offered as an inducement for the acquisition by the licensee of a gaming machine.

Maximum penalty:   50 penalty units, imprisonment for 6 months or both.

(3)This section does not apply in relation to a profit, benefit or advantage consisting only of—

(a)reasonable food or refreshment offered by a person authorised under the law of another State or Territory to deal in or to sell the gaming machine; or

(b)out-of-pocket expenses reasonably incurred in the course of negotiations for the acquisition of the machine, if authorised—

(i)if the licensee is an individual—by the licensee; or

(ii)if the licensee is a body corporate—by a resolution of the licensee’s governing body.

39Possession and control of gaming machines

(1)A person shall not possess or control a gaming machine except in accordance with this section.

Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

(2)A person may possess or control a gaming machine—

(a)in accordance with a licence; or

(b)in accordance with an approval to repossess the machine under section 39C.

(3)The commission may give a person written permission to possess or control a gaming machine on specified conditions if—

(a)the person is the receiver, manager or liquidator of a licensee; or

(b)the machine is used only for training purposes; or

(c)the machine is being stored; or

(d)the machine is being displayed for sale; or

(e)the machine is being repaired, tested or evaluated.

39AOperation of gaming machines other than in accordance with licences

(1)A person shall not permit a gaming machine to be played on premises owned, occupied or managed by the person, unless the machine is operated in accordance with a licence.

Maximum penalty:   100 penalty units, imprisonment for 1 year or both.

(2)A person (the defendant) is not guilty of an offence against subsection (1) if evidence is adduced that—

(a)the conduct alleged to have constituted the offence was due to—

(i)reasonable mistake, other than a mistake constituted solely by the reliance of the defendant on information supplied by another person; or

(ii)the act or default of another person, or some other cause beyond the defendant’s control; and

(b)the defendant took reasonable precautions and exercised due diligence to avoid committing the offence;

and that evidence is not rebutted.

39BRepossession of gaming machines—general

(1)A person shall not repossess a gaming machine except in accordance with an approval under section 39C.

Maximum penalty:   100 penalty units, imprisonment for 1 year or both.

(2)A person who has repossessed a gaming machine shall not permit the machine to be played before its disposal, unless the machine is operated in accordance with a licence.

Maximum penalty:   100 penalty units, imprisonment for 1 year or both.

(3)A person (the defendant) is not guilty of an offence against subsection (2) if evidence is adduced that—

(a)the conduct alleged to have constituted the offence was due to—

(i)reasonable mistake, other than a mistake constituted solely by the reliance of the defendant on information supplied by another person; or

(ii)the act or default of another person, or some other cause beyond the defendant’s control; and

(b)the defendant took reasonable precautions and exercised due diligence to avoid committing the offence;

and that evidence is not rebutted.

39CRepossession of gaming machines—approval

(1)An application for approval for the repossession of a gaming machine shall be in writing, accompanied by information identifying—

(a)the person from whom the machine is to be repossessed; and

(b)the premises where the machine is currently held; and

(c)the class, type and basic stake denomination of the machine.

(2)On application in accordance with subsection (1), the commission shall approve the repossession of a gaming machine unless the commission believes on reasonable grounds that the applicant would be likely to contravene a condition under subsection (3).

(3)An approval is subject to the following conditions:

(a)that the person given the approval take all reasonable precautions necessary to prevent the repossessed gaming machine being played before its disposal; 

(b)that the person given the approval permit an authorised officer to exercise the commission functions under subsection (4);

(c)the other conditions that the commission considers appropriate in relation to the storage of the machine before its disposal.

(4)If an approval is given to repossess a gaming machine, after the machine is repossessed, and before it is disposed of, an authorised officer shall—

(a)take meter readings from the machine; and

(b)seal the computer cabinet on the machine; and

(c)render the machine inoperable.

(5)A person is not authorised to repossess a gaming machine only because the person is given an approval under this section.

39DRepossession of gaming machines—contravention of approval conditions

(1)A person given an approval to repossess a gaming machine shall not contravene a condition of the approval under section 39C (3).

Maximum penalty:   50 penalty units.

(2)A person (the defendant) is not guilty of an offence against subsection (1) if evidence is adduced that—

(a)the conduct alleged to have constituted the offence was due to—

(i)reasonable mistake, other than a mistake constituted solely by the reliance of the defendant on information supplied by another person; or

(ii)the act or default of another person, or some other cause beyond the defendant’s control; and

(b)the defendant took reasonable precautions and exercised due diligence to avoid committing the offence;

and that evidence is not rebutted.

39EDisposal of gaming machines—general

A person shall not dispose of a gaming machine except in accordance with an approval under section 39F.

Maximum penalty:   100 penalty units, imprisonment for 1 year or both.

39FDisposal of gaming machines—approval

(1)An application for approval to dispose of a gaming machine shall be in writing, accompanied by information identifying—

(a)the person who is to acquire the machine; and

(b)the premises where the machine is currently held; and

(c)the class, type and basic stake denomination of the machine.

(2)On application in accordance with subsection (1), the commission shall approve the disposal of a gaming machine—

(a)if the person who is to acquire the machine is authorised—

(i)to operate the machine under a licence; or

(ii)to sell, or to operate, the machine under a law of a State or another Territory; and

(b)if the applicant has repossessed the machine—

(i)if the repossession is approved under section 39C; and

(ii)unless the commission is satisfied on reasonable grounds that the applicant has contravened that approval.

(3)The commission must not approve the lease or hire of a gaming machine by one licensee to another.

(4)A person is not authorised to dispose of a gaming machine only because the person is granted an approval under this section.

Division 5.3               Installation and operation of gaming machines

40Installation to be in accordance with Act

A licensee shall not install gaming machines on the licensed premises except in accordance with this Act.

Maximum penalty:   50 penalty units, imprisonment for 6 months or both.

41Installation to be in accordance with approval of commission

(1)A licensee shall not install gaming machines on the licensed premises except in a part of the premises approved by the commission.

Maximum penalty:   50 penalty units.

(2)In determining whether to approve a part of licensed premises for the installation of gaming machines, the commission shall have regard to—

(a)the material used in the surfacing of the floor, walls and ceiling of that part of the premises; and

(b)the treatment applied or steps taken in that part of the premises for the purpose of reducing noise; and

(c)the means adopted for heating, cooling, ventilating and lighting that part of the premises; and

(d)the comfort and safety of persons on any part of the premises; and

(e)any furnishing of that part of the premises; and

(f)the provision of toilet and washing facilities for persons using the gaming machines.

42Installation not to constitute nuisance

A licensee shall so locate gaming machines on the licensed premises as not to constitute a nuisance (either by the location of the machines or by the noise generated by the use of the machines) to persons on the premises.

Maximum penalty:   5 penalty units.

43Persons who may install gaming machines

A person shall not install a gaming machine on licensed premises unless he or she is an approved technician.

Maximum penalty:   50 penalty units, imprisonment for 6 months or both.

43AMeter readings—certificate

A person who has installed a gaming machine on licensed premises shall, as soon as practicable, give the licensee a certificate signed by him or her setting out the meter readings on the machine immediately after installation.

Maximum penalty:   20 penalty units.

43BInstallation certificate

A licensee shall, as soon as practicable, give a certificate to the commission setting out the particulars that the commission, by notice to the licensee, specifies.

Maximum penalty:   20 penalty units.

43COperation after installation

A licensee shall not permit a gaming machine on licensed premises to be operated until he or she has given the commission a certificate under section 43B.

Maximum penalty:   20 penalty units.

44Operation to be subject to correct percentage payout

A licensee shall not permit a gaming machine on the licensed premises to be operated, except for the purposes of repair or adjustment, at a time when the percentage payout of the machine is not the percentage payout determined by the commission in relation to that machine.

Maximum penalty:   50 penalty units, imprisonment for 6 months or both.

Division 5.4               Linked jackpot arrangements

45Operation of linked jackpot arrangements

A person shall not operate a linked jackpot arrangement between gaming machines except in accordance with an approval under section 45A or an interclub permit.

Maximum penalty:   50 penalty units, imprisonment for 6 months or both.

45ALinked jackpot arrangements—single club licence

(1)A club holding a licence may apply in writing for approval to operate a linked jackpot arrangement or arrangements between gaming machines operated under the licence.

(2)An application under subsection (1) must include details of the event or events by reference to which linked jackpots are to be payable under each proposed arrangement.

NoteA fee may be determined under s 66 (Determination of fees) for this section.

(3)On application in accordance with this section, the commission shall approve a linked jackpot arrangement or arrangements if—

(a)in relation to each proposed arrangement, each gaming machine proposed to be linked—

(i)is operated under a single licence held by the applicant; and

(ii)is of the same class; and

(iii)offers the same chance of winning linked jackpots as each other machine in the arrangement, if played with the same stakes; and

(b)the financial and operational aspects of the proposed arrangement are in accordance with the regulations; and

(c)the commission considers, on reasonable grounds, that the proposed arrangement is satisfactory, having regard to the interests of—

(i)the persons playing the machines in the proposed linked jackpot arrangement; and

(ii)the members of the club.

(4)It is a condition of an approval that each gaming machine in each approved linked jackpot arrangement displays at all times a sign stating clearly—

(a)that the machine is part of a linked jackpot arrangement with other machines in the club; and

(b)the percentage of the turnover of the machine that is to be set aside for the payment of linked jackpots.

(5)It is a condition of an approval that linked jackpots be payable in connection with each approved arrangement by reference to the event or events set out in relation to the arrangement in the application for approval.

45BInterclub permits—issue

(1)On application in accordance with subsection (2), the commission shall issue a permit to operate a linked jackpot arrangement or arrangements between gaming machines operated under 2 or more licences, each held by a club, if—

(a)the commission is satisfied on reasonable grounds that the applicant is a fit and proper person to hold a permit, in consideration of circumstances including those referred to in subsection (3); and

(b)in relation to each proposed arrangement, each gaming machine proposed to be linked—

(i)is of the same class; and

(ii)offers the same chance of winning linked jackpots as each other machine in the arrangement, if played with the same stakes; and

(c)the financial and operational aspects of each proposed arrangement are in accordance with the regulations; and

(d)the commission considers, on reasonable grounds, that each proposed arrangement is satisfactory, having regard to the interests of—

(i)the persons playing the machines in each proposed arrangement; and

(ii)the clubs operating the machines in each proposed arrangement; and

(iii)the members of those clubs.

(2)An application under subsection (1) must include details of the event or events by reference to which linked jackpots are to be payable under each proposed arrangement.

Note 1A fee may be determined under s 66 (Determination of fees) for this section.

Note 2If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms) for an application, the form must be used.

(3)For subsection (1) (a), the circumstances relevant to whether an applicant is a fit and proper person to hold a permit include the following:

(a)if the applicant is an individual—whether he or she is an undischarged bankrupt;

(b)if the applicant is a body corporate—whether it is in liquidation;

(c)whether an amount under a tax law or a gaming law is due by the applicant;

(d)whether the applicant has contravened a tax law or a gaming law;

(e)whether the person is an unsuitable person.

(4)In subsection (3) (c), (d) and (e), a reference to an applicant includes, if the applicant is a body corporate, a reference to each relevant influential person in relation to the body.

(5)A permit shall specify—

(a)the full name and address of the permit holder; and

(b)the gaming machines in each linked jackpot arrangement in relation to which the permit is issued, and the clubs where they are situated; and

(c)the conditions to which the permit is subject.

45CInterclub permits—conditions

(1)The commission shall issue an interclub permit subject to the following conditions:

(a)that each gaming machine in an arrangement under the permit display at all times a sign stating clearly—

(i)that the machine is part of a linked jackpot arrangement between machines in different clubs; and

(ii)the percentage of the turnover of the machine that is to be set aside for the payment of linked jackpots;

(b)that linked jackpots be payable in connection with each arrangement under the permit by reference to the event or events set out in relation to the arrangement in the application for the permit;

(c)that the financial and operational aspects of each arrangement under the permit not be varied without the prior approval of the commission under section 45H;

(dif the permit holder is a body corporate—that the permit holder give notice to the commission specifying any of the following changes to the body within 7 days of the change:

(i)a person becoming a relevant influential person in relation to the body;

(ii)a substantial change in the relationship of a relevant influential person to the body;

(iii)a person ceasing to be a relevant influential person in relation to the body.

(2)The commission may issue an interclub permit subject to the other reasonable conditions that the commission considers appropriate, in consideration of the interests of—

(a)the persons playing the machines in each linked jackpot arrangement under the permit; and

(b)the clubs operating the machines in each such arrangement; and

(c)the members of those clubs.

45DInterclub permits—duration

An interclub permit remains in force for 5 years beginning on the date of issue of the permit, subject to this Act, but may be renewed in accordance with section 45E.

45EInterclub permits—renewal

On written application, the commission shall renew an interclub permit for 5 years beginning on the day immediately following the day when, apart from its renewal, the permit would have expired.

NoteA fee may be determined under s 66 (Determination of fees) for this section.

45FInterclub permits—variation at commission’s discretion

(1)The commission may vary a condition of an interclub permit imposed under section 45C (2), in consideration of the interests of—

(a)the persons playing the machines in each linked jackpot arrangement under the permit; and

(b)the clubs operating the machines in each such arrangement; and

(c)the members of those clubs.

(2)A variation under subsection (1) takes effect from a date specified in the notice of variation given under section 52 (being not less than 28 days after the date of the notice).

45GInterclub permits—variation on request by permit-holder

(1)At the written request of the permit holder, the commission may vary an interclub permit for the purpose of—

(a)reducing the number of gaming machines in a linked jackpot arrangement, or terminating a linked jackpot arrangement; or

(b)increasing the number of gaming machines in a linked jackpot arrangement under the permit; or

(c)including a new linked jackpot arrangement under the permit; or

(d)including an additional club in a linked jackpot arrangement; or

(e)varying a condition imposed under section 45C (2).

NoteA fee may be determined under s 66 (Determination of fees) for this section.

(2)The commission shall not approve a variation of an interclub permit unless the commission is satisfied—

(a)if an additional gaming machine is to be included in a linked jackpot arrangement—that the additional machine—

(i)is of the same class as the other machines in the arrangement; and

(ii)offers the same chance of winning linked jackpots as each other machine in the arrangement, if played with the same stakes; and

(b)if a new linked jackpot arrangement is to be included under a permit—that each gaming machine to be linked—

(i)is of the same class; and

(ii)offers the same chance of winning linked jackpots as each other machine in the arrangement, if played with the same stakes; and

(c)if an additional club is to be included in a linked jackpot arrangement (whether an existing arrangement or a proposed new arrangement)—that the financial and operational aspects of the arrangement are in accordance with the regulations; and

(d)that the proposed variation is satisfactory, on reasonable grounds, having regard to the interests of—

(i)the persons playing the machines in each proposed linked jackpot arrangement; and

(ii)the clubs operating the machines in each proposed arrangement; and

(iii)the members of those clubs.

(3)If the commission varies a permit, the commission shall give a notice to the permit holder specifying—

(a)the variation; and

(b)the date of effect of the variation.

(4)A variation under subsection (1) takes effect from the date specified in the notice under subsection (3) (b).

45HInterclub permits—variation of financial and operational aspects

On written application, the commission shall approve the variation of the financial and operational aspects of a linked jackpot arrangement under an interclub permit if—

div 4.2A hdg (prev pt 4 div 2A hdg) ins 1998 No 23 s 4

renum R7 LA

exp 30 June 2005 (s 23A (2))

Application

s 23Ains 1998 No 23 s 4

am 1999 No 35 s 3; 2001 No 35 s 4; A2003-23 s 4; A2004-6 s 13

exp 30 June 2005 (s 23A (2))

Restriction on gaming machines

s 23Bins 1998 No 23 s 4

am 1999 No 47 sch; 1999 No 56 sch 2; 2002 No 30 amdt 3.385

exp 30 June 2005 (s 23A (2))

Circumstances when restriction does not apply

s 23Cins 1998 No 23 s 4

am 1999 No 47 sch; 1999 No 56 sch 2

exp 30 June 2005 (s 23A (2))

Disciplinary action by commission

div 4.3 hdg(prev pt 4 div 3 hdg) sub 1999 No 56 s 43

renum R7 LA

Commission may take disciplinary action against licensee

s 24am 1990 No 57 sch; 1991 No 113 s 9; 1993 No 54 s 15; 1997 No 13 s 8; 1999 No 47 sch

sub 1999 No 56 s 44

am A2003-51 s 20

Grounds for disciplinary action

s 24Ains 1999 No 56 s 44

am A2003-56 s 22, s 23, s 25

Procedure for disciplinary action

s 24Bins 1999 No 56 s 44

Suspension of licences etc in particular circumstances

s 25am 1991 No 113 sch

Suspension and cancellation of licences—nonpayment of gaming machine tax

s 25Ains 1991 No 113 s 10

am 1999 No 5 sch 2; 1999 No 47 sch

om 2000 No 70 s 6

Cancellation of club licences on members ballot

s 26am 1990 No 57 s 16, sch; 1991 No 113 sch

sub 1993 No 54 s 16

am 1999 No 47 sch; 1999 No 56 sch 2

General

div 4.4 hdg(prev pt 4 div 4 hdg) renum R7 LA

Term of licence

s 27om 1991 No 113 sch

Renewal of licence

s 28am 1990 No 57 sch

om 1991 No 113 sch

Issue of copy of licence

s 29am 1990 No 57 sch; 1999 No 47 sch; 2001 No 44 amdt 1.1903, amdt 1.1904

Display of licence

s 30am 1990 No 57 sch; 1994 No 81 sch; 1999 No 47 sch

Changes in influential persons

s 30Ains 1991 No 113 s 11

am 1994 No 81 sch; 1999 No 47 sch

sub 1999 No 56 s 45

Special provisions relating to clubs

div 4.5 hdg(prev pt 4 div 5 hdg) ins 1991 No 113 s 12

renum R7 LA

Eligible objects

s 30Bins 1991 No 113 s 12

sub 1999 No 56 s 46

am 2001 No 44 amdt 1.1905, amdt 1.1906

Eligible clubs

s 30Cins 1991 No 113 s 12

am 1993 No 54 s 17

sub 1999 No 56 s 46

am 2000 No 70 s 7; pars renum R9 LA

Club eligibility—life membership exceeding 5% on 1 January 1992

s 30CAins 1993 No 54 s 18

am 1999 No 56 sch 2; A2003-56 amdt 3.145, amdt 3.146

Associated organisations

s 30Dins 1991 No 113 s 12

am 1999 No 47 sch; 1999 No 56 sch 2; 2000 No 70 s 8

Maintaining records relating to club elections

s 30Eins 1991 No 113 s 12

am 1994 No 81 sch

Power to require information regarding status of eligible clubs

s 30Fins 1991 No 113 s 12

am 1999 No 47 sch

Membership rules

s 30Gins 1991 No 113 s 12

om 1999 No 47 sch

ins 1999 No 56 s 47

Persons may not profit from club

s 30Hins 1999 No 56 s 47

Administration

div 5.1 hdg(prev pt 5 div 1 hdg) renum R7 LA

Rules to control operation of gaming machines

s 31am 1990 No 57 sch; 1993 No 54 s 19; 1999 No 47 sch

sub 1999 No 56 s 48

Register of gaming machines

s 32am 1990 No 57 s 17; 1991 No 35 s 8; 1998 No 54 sch; 1999 No 47 sch

Repair book

s 33am 1990 No 57 sch; 1998 No 54 sch; 1999 No 47 sch

Approved suppliers

s 34am 1990 No 57 sch; 1994 No 81 sch; 1999 No 47 sch

sub 1999 No 56 s 49

Approved technicians

s 34Ains 1999 No 56 s 49

am 2001 No 44 amdts 1.1907-1.1910

Certificates for approved technicians

s 34Bins 1999 No 56 s 49

am 2001 No 44 amdt 1.1911, amdt 1.1912

Approved attendants

s 34Cins 1999 No 56 s 49

am 2001 No 44 amdts 1.1913-1.1916

Certificates for approved attendants

s 34Dins 1999 No 56 s 49

am 2001 No 44 amdt 1.1917, amdt 1.1918

Gaming machine dealings

div 5.2 hdg(prev pt 5 div 2 hdg ) sub 1993 No 54 s 20

renum R7 LA

Acquisition of gaming machines—general

s 35am 1990 No 57 sch

sub 1993 No 54 s 20

am 1998 No 54 sch

sub 1999 No 56 s 50

Acquisition of gaming machines—approval

s 36am 1990 No 57 sch

sub 1993 No 54 s 20

am 1997 No 49 s 6; 1999 No 47 sch; 1999 No 56 s 51

Financial arrangements—approval

s 37am 1990 No 57 sch

sub 1993 No 54 s 20

am 1995 No 19; 1999 No 47 sch

Acquisition of gaming machines—anti-corruption offences

s 38am 1990 No 57 sch

sub 1993 No 54 s 20

am 1998 No 54 sch

Possession and control of gaming machines

s 39am 1990 No 57 sch

sub 1993 No 54 s 20

am 1998 No 54 sch; 1999 No 56 s 52

Operation of gaming machines other than in accordance with licences

s 39Ains 1993 No 54 s 20

am 1998 No 54 sch

Repossession of gaming machines—general

s 39Bins 1993 No 54 s 20

am 1998 No 54 sch

Repossession of gaming machines—approval

s 39Cins 1993 No 54 s 20

am 1999 No 47 sch; 1999 No 56 sch 2

Repossession of gaming machines—contravention of approval conditions

s 39Dins 1993 No 54 s 20

am 1998 No 54 sch

Disposal of gaming machines—general

s 39Eins 1993 No 54 s 20

am 1998 No 54 sch

Disposal of gaming machines—approval

s 39Fins 1993 No 54 s 20

am 1999 No 47 sch; 1999 No 56 s 53; ss renum R9 LA

Installation and operation of gaming machines

div 5.3 hdg(prev pt 5 div 3 hdg) am 1993 No 54 s 21

renum R7 LA

Installation to be in accordance with Act

s 40am 1994 No 81 sch

Installation to be in accordance with approval of commission

s 41 hdgam 1999 No 47 notes

s 41am 1990 No 57 sch; 1994 No 81 sch; 1999 No 47 sch; 1999 No 56 s 54; pars renum R9 LA

Installation not to constitute nuisance

s 42am 1994 No 81 sch

Meter data records at time of installation

s 42Ains 1993 No 54 s 22

om 1997 No 49 s 7

Operation after installation

s 42Bins 1993 No 54 s 22

om 1997 No 49 s 7

Persons who may install gaming machines

s 43om 1993 No 54 s 24

ins 1997 No 49 s 7

am 1999 No 56 s 55

Meter readings—certificate

s 43Ains 1997 No 49 s 7

am 1999 No 47 sch; 1999 No 56 s 56

Installation certificate

s 43Bins 1997 No 49 s 7

am 1999 No 47 sch

Operation after installation

s 43Cins 1997 No 49 s 7

am 1999 No 47 sch

Operation to be subject to correct percentage payout

s 44am 1990 No 57 s 18; 1991 No 35 s 9; 1994 No 81 sch; 1999 No 56 sch 2

Linked jackpot arrangements

div 5.4 hdg(prev pt 5 div 4 hdg)

orig pt 5 div 4 hdg om 1993 No 54 s 23

ins 1993 No 54 s 25

renum R7 LA

Operation of linked jackpot arrangements

s 45am 1990 No 57 sch; 1991 No 113 sch

sub 1993 No 54 s 25

am 1994 No 81 sch

Linked jackpot arrangements—single club licence

s 45Ains 1993 No 54 s 25

am 1995 No 39 s 5; 1999 No 47 sch; 1999 No 56 s 57; 2001 No 44 amdt 1.1919; R7 LA (see 2001 No 44 amdt 1.1920)

Interclub permits—issue

s 45Bins 1993 No 54 s 25

am 1995 No 39 s 5; 1998 No 54 sch; 1999 No 47 sch; 1999 No 56 s 58; 2001 No 44 amdt 1.1921; R7 LA (see 2001 No 44 amdt 1.1922)

Interclub permits—conditions

s 45Cins 1993 No 54 s 25

am 1995 No 39 s 7; 1999 No 47 sch; pars renum R9 LA

Interclub permits—duration

s 45Dins 1993 No 54 s 25

am 1995 No 39

Interclub permits—renewal

s 45Eins 1993 No 54 s 25

am 1995 No 39 s 9; 1999 No 47 sch; 2001 No 44 amdt 1.1923, amdt 1.1924

Interclub permits—variation at commission’s discretion

s 45F hdgam 1999 No 47 notes

s 45Fins 1993 No 54 s 25

am 1999 No 47 sch

Interclub permits—variation on request by permit-holder

s 45Gins 1993 No 54 s 25; 1999 No 38 s 7

am 1999 No 47 sch; 1999 No 56 s 59; 2001 No 44 amdt 1.1925, amdt 1.1926

Interclub permits—variation of financial and operational aspects

s 45Hins 1993 No 54 s 25

am 1999 No 47 sch

Interclub permits—transfer

s 45Jins 1993 No 54 s 25

am 1998 No 54 sch; 1999 No 47 sch; 2001 No 44 amdt 1.1927, amdt 1.1928

Interclub permits—cancellation

s 45Kins 1993 No 54 s 25

am 1998 No 54 sch; 1999 No 47 sch

Interclub permits—surrender

s 45Lins 1993 No 54 s 25

am 1999 No 47 sch

Undisbursed and unclaimed jackpots

s 45Mins 1999 No 56 s 60

Regulation of gaming machines generally

div 5.5 hdg(prev pt 5 div 5 hdg) renum R7 LA

Repair and adjustment of gaming machines

s 46am 1994 No 81 sch

sub 1999 No 56 s 61

Interference with gaming machines

s 47am 1990 No 57 s 19; 1991 No 35 s 10; 1994 No 81 sch; 1999 No 56 s 62, sch 2

Opening computer cabinets

s 48 hdgam 1999 No 56 endnotes

s 48am 1991 No 113 sch; 1993 No 54 s 26; 1994 No 81 sch; 1999 No 47 sch; 1999 No 56 sch 2

Percentage payout of gaming machines to be displayed

s 49am 1990 No 57 s 20; 1991 No 35 s 11; 1994 No 81 sch; 1999 No 47 sch; 1999 No 56 sch 2; 2001 No 44 amdt 1.1929, amdt 1.1930

Rendering gaming machines inoperable on licence ceasing to be in force

s 50am 1990 No 57 s 21; 1991 No 113 sch; 1993 No 54 s 27; 1999 No 47 sch; 1999 No 56 sch 2

Removal of gaming machines from premises

s 51am 1990 No 57 s 22 (as am by 1993 No 1 sch 1); 1991 No 113 sch; 1994 No 81 sch; 1999 No 47 sch

Gaming areas

pt 5A hdgins 1997 No 103 s 5

Interpretation

s 51Ains 1997 No 103 s 5

def gaming area ins 1997 No 103 s 5

om 1999 No 56 sch 2

Warning notices

s 51Bins 1997 No 103 s 5

am 1999 No 56 s 63; 2001 No 44 amdt 1.1931, amdt 1.1932

Cash facilities

s 51Cins 1997 No 103 s 5

Lending or extending credit

s 51Dins 1997 No 103 s 5

Entry to gaming area by persons under 18

s 51Eins 1999 No 56 s 64

Persons under 18 must not play gaming machines

s 51Fins 1999 No 56 s 64

False identification

s 51Gins 1999 No 56 s 64

Review

pt 6 hdgsub 1990 No 57 s 23

Notice of reviewable decisions

s 52am 1990 No 57 s 24; 1991 No 35 s 12; 1991 No 113 s 13, sch; 1993 No 54 s 28; 1994 No 60 sch 1; 1997 No 13 s 9; 1999 No 47 sch; 1999 No 56 sch 2; 2000 No 70 s 9; 2001 No 44 amdt 1.1933; pars renum R9 LA

Review of decisions

s 52Ains 1993 No 54 s 29

am 1999 No 47 sch

Revocation of certain decisions of commission

s 53 hdgam 1999 No 47 notes

s 53am 1990 No 57 s 25; 1991 No 113 sch

General

div 7.1 hdg(prev pt 7 div 1 hdg) ins 2000 No 7 s 10

renum R7 LA

Accounts relating to gaming machines

s 54am 1994 No 81 sch

Records of charitable donations

s 54Ains 1997 No 49 s 8

om 2000 No 70 s 11

Report

s 54Bins 1997 No 49 s 8

om 2000 No 70 s 11

Commissioner to report to Minister

s 54Cins 1997 No 49 s 8

om 2000 No 70 s 11

Minister to table commissioner’s report

s 54Dins 1997 No 49 s 8

om 2000 No 70 s 11

Falsifying records etc

s 55am 1994 No 81 sch

Audit of records

s 56am 1990 No 57 sch; 1997 No 49 s 9; 1999 No 47 sch; 1999 No 56 s 65

Gaming machine tax—imposition

s 57am 1989 No 14; 1990 No 31 s 7; 1990 No 57 sch

sub 1991 No 113 s 14; 1993 No 54 s 30

am 1999 No 56 s 66

Gaming machine tax—liability

s 58am 1989 No 38 sch 1; 1990 No 49 s 4

om 1990 No 57 s 26

ins 1991 No 113 s 14

sub 1993 No 54 s 30

am 1999 No 56 s 67; 2000 No 70 s 12

Tax credits and refunds in relation to GST for clubs

s 58Ains 2000 No 19 s 3 sch

mod SL 2000 No 34 reg 3 (exp 31 October 2000 (see Act 2000 No 35 s 7 (5))

am 2000 No 78 s 4; 2001 No 44 amdt 1.1934

Returns

s 59om 1990 No 57 s 26

ins 1991 No 113 s 14

am 1993 No 54 s 31; 1999 No 47 sch

sub 1999 No 56 s 68

am A2003-56 amdt 3.147

Payment of gaming machine tax following transfer

s 60sub 1991 No 113 s 14, sch

am 1999 No 47 sch

Community contributions

div 7.2 hdg(prev pt 7 div 2 hdg) ins 2000 No 70 s 13

renum R7 LA

Contributions

s 60Ains 2000 No 70 s 13

Approval of community contributions

s 60Bins 2000 No 70 s 13

am 2001 No 44 amdt 1.1935; 2002 No 17 s 4

Records of contributions

s 60Cins 2000 No 70 s 13

Report

s 60Dins 2000 No 70 s 13

Commission must report to Minister

s 60Eins 2000 No 70 s 13

Minister must present commission’s report

s 60Fins 2000 No 70 s 13

The required community contributions

s 60Gins 2000 No 70 s 13

am 2001 No 44 amdt 1.1936, amdt 1.1937; 2002 No 17 s 5

ss (4)-(6) exp 30 June 2003 (s 60G (6))

am A2004-6 s 14

table renum R12 LA

Community contribution shortfall tax—imposition

s 60Hins 2000 No 70 s 13

Community contribution shortfall tax—liability

s 60Iins 2000 No 70 s 13

Community contribution shortfall tax—allocation

s 60Jins 2000 No 70 s 13

Canberra Airport

s 61om 1991 No 113 sch

ins 1998 No 14

am 1999 No 56 sch 2

Conduct by directors, servants or agents

s 62om A2004-15 amdt 1.23

Offences may be dealt with summarily

s 63am 1998 No 54 sch

Evidentiary certificates

s 64am 1990 No 57 sch; 1999 No 47 sch

Signing of documents

s 65om 1990 No 57 s 26

Determination of fees

s 66sub 2001 No 44 amdt 1.1938

Regulation-making power

s 67am 1989 No 38 sch 1; Act 1997 No 49 s 10

sub 2001 No 44 amdt 1.1938

Transitional provisions

pt 9 hdgom 1997 No 49 s 11

ins 2002 No 30 amdt 3.386

exp 1 June 2003 (s 70)

Transitional provision for clubs not incorporated under the Corporations Law

s 68am 1990 No 57 s 27

om 1997 No 49 s 11

ins 1999 No 38 s 8

om 1999 No 56 sch 2

ins 2000 No 70 s 14

sub 2002 No 30 amdt 3.386

exp 1 June 2003 (s 70)

Transitional provision for associated organisations

s 69 am 1990 No 57 s 28

om 1997 No 49 s 11

ins 2000 No 70 s 14

sub 2002 No 30 amdt 3.386

exp 1 June 2003 (s 70)

Expiry of pt 9

s 70am 1990 No 57 s 29

om 1997 No 49 s 11

ins 2000 No 70 s 14

sub 2002 No 30 amdt 3.386

exp 1 June 2003 (s 70)

Licences

s 71am 1990 No 57 s 30

om 1997 No 49 s 11

Rules

s 72am 1990 No 57 s 31

om 1997 No 49 s 11

Certificates

s 73am 1990 No 57 s 32

om 1997 No 49 s 11

Fees

s 74om 1997 No 49 s 11

Ordinances repealed

schom 2001 No 44 amdt 1.1939

Dictionary

dictins A2003-56 amdt 3.148

def acquire ins 1993 No 54 s 4

sub 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def approved attendant ins 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def approved supplier ins 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def approved technician ins 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def associated entity ins 2000 No 70 s 4

reloc from s 4 A2003-56 amdt 3.143

def associated organisation ins 1991 No 113 s 5

reloc from s 4 A2003-56 amdt 3.143

def bar-room sub A2003-56 amdt 3.142

reloc from s 4 A2003-56 amdt 3.143

def candidate ins 2000 No 70 s 4

reloc from s 4 A2003-56 amdt 3.143

def censure ins 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def charitable organisation ins 1997 No 49 s 4

reloc from s 4 A2003-56 amdt 3.143

def class A gaming machine sub 1993 No 54 s 4

am 1999 No 56 sch

reloc from s 4 A2003-56 amdt 3.143

def class B gaming machine sub 1993 No 54 s 4

am 1999 No 56 sch

reloc from s 4 A2003-56 amdt 3.143

def class C gaming machine sub 1993 No 54 s 4

am 1999 No 56 sch

reloc from s 4 A2003-56 amdt 3.143

def club sub 1991 No 113 s 5; 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def community contribution ins 2000 No 70 s 4

reloc from s 4 A2003-56 amdt 3.143

def community contribution shortfall ins 2000 No 70 s 4

reloc from s 4 A2003-56 amdt 3.143

def community contribution shortfall tax ins 2000 No 70 s 4

reloc from s 4 A2003-56 amdt 3.143

def computer cabinet ins 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def constitution ins 1991 No 113 s 5

reloc from s 4 A2003-56 amdt 3.143

def contribution ins 1997 No 49 s 4

reloc from s 4 A2003-56 amdt 3.143

def Control Act ins 1999 No 47 sch

reloc from s 4 A2003-56 amdt 3.143

def disciplinary action ins 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def dispose of ins 1993 No 54 s 4

reloc from s 4 A2003-56 amdt 3.143

def eligible club ins 1991 No 113 s 5

sub 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def eligible object ins 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def game ins 1993 No 54 s 4

reloc from s 4 A2003-56 amdt 3.143

def gaming area ins 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def gaming machine sub 1993 No 54 s 4

am 1999 No 56 sch 2

reloc from s 4 A2003-56 amdt 3.143

def gaming machine tax ins 2000 No 70 s 4

reloc from s 4 A2003-56 amdt 3.143

def general licence reloc from s 4 A2003-56 amdt 3.143

def gross revenue ins 1991 No 113 s 5

sub 1993 No 54 s 4

reloc from s 4 A2003-56 amdt 3.143

def grounds for disciplinary action ins 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def incorporated association ins 1991 No 113 s 5

reloc from s 4 A2003-56 amdt 3.143

def inquiry am 1990 No 57 sch; 1999 No 47 sch

reloc from s 4 A2003-56 amdt 3.143

def interclub permit ins 1993 No 54 s 4

reloc from s 4 A2003-56 amdt 3.143

def jackpot ins 1991 No 113 s 5

reloc from s 4 A2003-56 amdt 3.143

def licence am 1999 No 56 sch 2

reloc from s 4 A2003-56 amdt 3.143

def licensed gaming machines ins 1993 No 54 s 4

reloc from s 4 A2003-56 amdt 3.143

def licensed premises reloc from s 4 A2003-56 amdt 3.143

def licensee sub 1991 No 113 s 5; 1997 No 103 s 4

reloc from s 4 A2003-56 amdt 3.143

def life member ins 1991 No 113 s 5

sub 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def linked jackpot ins 1993 No 54 s 4

am 1995 No 39 s 4

reloc from s 4 A2003-56 amdt 3.143

def linked jackpot arrangement ins 1991 No 113 s 5

am 1995 No 39 s 4

reloc from s 4 A2003-56 amdt 3.143

def liquor reloc from s 4 A2003-56 amdt 3.143

def member om 1990 No 57 s 4

ins 1991 No 113 s 5

sub 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def multi-stake machine ins 1993 No 54 s 4

reloc from s 4 A2003-56 amdt 3.143

def net revenue ins 2000 No 70 s 4

reloc from s 4 A2003-56 amdt 3.143

def officer ins 1991 No 113 s 5

reloc from s 4 A2003-56 amdt 3.143

def on licence reloc from s 4 A2003-56 amdt 3.143

def percentage payout sub 1993 No 54 s 4

reloc from s 4 A2003-56 amdt 3.143

def permit holder ins 1993 No 54 s 4

reloc from s 4 A2003-56 amdt 3.143

def prescribed identity document ins 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def prescribed percentage ins 1991 No 113 s 5

am 1995 No 39 s 4; 1999 No 38 s 4; 2000 No 19 sch; pars renum R9 LA; A2003-29 s 15

reloc from s 4 A2003-56 amdt 3.143

def registered party ins 2000 No 70 s 4

reloc from s 4 A2003-56 amdt 3.143

def relevant influential person ins 1991 No 113 s 5

reloc from s 4 A2003-56 amdt 3.143

sub A2004-6 s 15

def repossession ins 1993 No 54 s 4

reloc from s 4 A2003-56 amdt 3.143

def required community contribution ins 2000 No 70 s 4

reloc from s 4 A2003-56 amdt 3.143

def rules ins 1991 No 113 s 5

reloc from s 4 A2003-56 amdt 3.143

def secretary reloc from s 4 A2003-56 amdt 3.143

def single-stake machine ins 1993 No 54 s 4

reloc from s 4 A2003-56 amdt 3.143

def statement of objects ins 1991 No 113 s 5

reloc from s 4 A2003-56 amdt 3.143

def tribunal ins 1990 No 57 s 4

am 1994 No 60 sch 1

reloc from s 4 A2003-56 amdt 3.143

def unlawful game ins 1997 No 13 s 4

reloc from s 4 A2003-56 amdt 3.143

def unsuitable person ins 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

def voting member ins 1991 No 113 s 5

sub 1999 No 56 s 34

reloc from s 4 A2003-56 amdt 3.143

5               Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Except for the footer, electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1991 No 35	31 August 1991
2	Act 1991 No 113	31 August 1992
3	Act 1993 No 54	28 February 1994
4	Act 1994 No 81	31 January 1995
5	Act 1997 No 103	1 June 1998
6	Act 1999 No 5	1 March 1999
7	Act 2001 No 44	12 September 2001
8	Act 2001 No 74	14 September 2001
9	Act 2002 No 10	14 May 2002
10	Act 2002 No 17	14 June 2002
11*	Act 2002 No 30	25 September 2002
12	A2002-30	2 June 2003
13	A2003-23	24 June 2003
14	A2003-29	1 July 2003
15	A2003-56	19 December 2003
16	A2004-6	12 March 2004
17	A2004-15	9 April 2004

6               Uncommenced amendments

The following amendments have not been included in this republication because they were uncommenced at the republication date:

Smoking (Prohibition in Enclosed Public Places) Act 2003 A2003-51 pt 5 div 5.2

Division 5.2               Gaming Machine Act 1987

20Commission may take disciplinary action against licensee
New section 24 (3A)

insert

(3A)The licence conditions that may be imposed or varied under subsection (1) (b) include, but are not limited to, conditions to ensure the licensee complies with the Smoking (Prohibition in Enclosed Public Places) Act 2003, section 8 (Offence by occupier) or section 9 (Offence by neighbouring occupier).

21Section 24

renumber subsections when Act next republished under Legislation Act

22Grounds for disciplinary action
Section 24A

omit

In this Act

substitute

(1)In this Act

23New section 24A (1) (ba) and (bb)

insert

(ba)the licensee has permitted people to smoke in a part of the licensed premises that is an enclosed public place; or

(bb)the licensee has fails to take reasonable steps to prevent smoke from another area occupied by the licensee entering an enclosed public place; or

24Section 24A (1)

renumber paragraphs when Act next republished under Legislation Act

25New section 24A (2)

insert

(2)In this section:

enclosed public place—see the Smoking (Prohibition in Enclosed Public Places) Act 2003, dictionary.

smoke—see the Smoking (Prohibition in Enclosed Public Places) Act 2003, dictionary.

©  Australian Capital Territory 2004