Gaming Machine (Amendment) Act 1997 (ACT)

Case

AUSTRALIAN CAPITAL TERRITORY

Gaming Machine (Amendment) Act 1997

No. 13 of 1997

An Act to amend the Gaming Machine Act 1987

[Notified in ACT Gazette S134: 19 May 1997]

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

Short title

1.  This Act may be cited as the Gaming Machine (Amendment) Act 1997.

Commencement

2.  This Act commences on the day on which it is notified in the Gazette.

Principal Act

3.  In this Act, “Principal Act” means the Gaming Machine Act 1987.1

Interpretation

4.  Section 4 of the Principal Act is amended by inserting the following definition:

“ ‘unlawful game’ has the same meaning as in the Unlawful Games Act 1984.”.

Grant or refusal of licences—clubs

5.  Section 14A of the Principal Act is amended by inserting “, subject to section 15A,” after “shall”.

Grant or refusal of licences—General Licensees and On Licensees

6.  Section 15 of the Principal Act is amended—

(a)by inserting in subsection (1) “15A,” after “sections”; and

(b)by omitting from paragraphs (1) (d) and (e) “or is not of good fame and character”.

Insertion

7.  After section 15 of the Principal Act the following section is inserted:

Grant or refusal of licences—offences

“15A.  (1)  This section applies—

(a)in the case of a club—to a relevant influential person; and

(b)in the case of the holder of a General Licence or On Licence (not being a club)—

(i)where the holder is a natural person—to that person; or

(ii)where the holder is a body corporate—to any of the directors of the body corporate.

“(2)  The Commissioner may refuse to grant a licence where a person to whom this section applies has, during the period of 5 years preceding the date of the application for a licence, been convicted of an offence—

(a)involving fraud or dishonesty, whether in the Territory or elsewhere;

(b)involving unlawful gaming;

(c)against a tax law; or

(d)against this Act.”.

Suspension and cancellation of licences—general

8.  Section 24 of the Principal Act is amended—

(a)by inserting in paragraph (1) (f) “or, in the case of a club, a relevant influential person” after “licensee”;

(b)by omitting from paragraph (1) (fa) “or”;

(c)by adding at the end of paragraph (1) (g) “or”;

(d)by adding at the end of subsection (1) the following paragraph:

“(h)the licensee or, in the case of a club, a relevant influential person is a person to whom subsection (1A) applies.”;

and

(e)by inserting after subsection (1) the following subsection:

“(1A)  This subsection applies to a person who has, after the commencement of the Gaming Machine (Amendment) Act 1997, been convicted of an offence—

(a)involving fraud or dishonesty, whether in the Territory or elsewhere;

(b)involving unlawful gaming; or

(c)against a tax law.”.

Notice of reviewable decisions

9.  Section 52 of the Principal Act is amended by omitting from paragraph (1) (a) “or 15” and substituting “, 15 or 15A”.


NOTE

Principal Act

  1. Reprinted as at 31 January 1995.  See also Acts Nos. 19 and 39, 1995.

[Presentation speech made in Assembly on 8 May 1997]

©  Australian Capital Territory 1997

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