Gaming Machine and Other Legislation Amendment Act 1999 (Qld)

Queensland GAMING MACHINE AND OTHER LEGISLATION AMENDMENT ACT 1999 Act No. 8 of 1999

Queensland GAMING MACHINE AND OTHER LEGISLATION AMENDMENT ACT 1999 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 PART 2—AMENDMENT OF GAMING MACHINE ACT 1991 3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4 Amendment of s 3 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 Amendment of s 6 (Meaning of “associate”) . . . . . . . . . . . . . . . . . . . . . . . . 21 6 Insertion of new s 6AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 6AA Meaning of “control action” under the Corporations Law . . . . . . . . 21 7 Amendment of s 12 (Powers of commission) . . . . . . . . . . . . . . . . . . . . . . . . 21 8 Amendment of s 24 (Appeals to Minister) . . . . . . . . . . . . . . . . . . . . . . . . . . 21 9 Replacement of s 31 (Delegation by chief executive) . . . . . . . . . . . . . . . . . 23 30A Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 30B Delegation by commission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 31 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 10 Replacement of s 34 (Police assistance) . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 34 Criminal history reports for investigations . . . . . . . . . . . . . . . . . . . . . 24 11 Amendment of s 38 (Gaming lawful and does not constitute nuisance) . . . 25 12 Amendment of s 39 (Application for gaming machine licences) . . . . . . . . 25 13 Replacement of ss 40 and 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 40 Recommendation by chief executive about application for gaming machine licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 40A Decision on application for gaming machine licence . . . . . . . . . . . 31

2 Gaming Machine and Other Legislation Amendment No. 8, 1999 40B Fixing number of gaming machines . . . . . . . . . . . . . . . . . . . . . . . . . . 34 40C Matters to be taken into account for advising on or fixing number of gaming machines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 41 Application by clubs for additional licensed premises . . . . . . . . . . . 36 41A Recommendation by chief executive about additional premises application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 41B Decision on additional premises application . . . . . . . . . . . . . . . . . . . 40 41C Fixing number of gaming machines for additional premises . . . . . . 42 41D Application of gaming machine licence to additional premises . . . 43 14 Amendment of s 42 (Changes in circumstances of applicants for and holders of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 15 Insertion of new s 42A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 42A Changes in circumstances of licensees of category 2 licensed premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 16 Amendment of s 43 (Issue of gaming machine licences) . . . . . . . . . . . . . . 45 17 Insertion of new s 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 44 Issue of amalgamated gaming machine licences to clubs . . . . . . . . 46 18 Amendment of s 45 (Gaming machine licences to be displayed) . . . . . . . . 47 19 Amendment of s 47 (Term of gaming machine licences) . . . . . . . . . . . . . . 47 20 Amendment of s 51 (Renewal and continuance of gaming machine licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 21 Replacement of ss 55–57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 55 Removal of rented gaming machines . . . . . . . . . . . . . . . . . . . . . . . . . 48 56 Application to increase approved number of gaming machines . . . 50 56A Recommendation by chief executive about increase application . . 50 56B Decision on increase application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 56C Matters to be taken into account for increase application . . . . . . . . 52 56D Fixing increase number of gaming machines . . . . . . . . . . . . . . . . . . 53 57 Proposals to decrease approved number of gaming machines . . . . . 53 57A Recommendation by chief executive about decrease proposal . . . . 54 57B Decision on decrease proposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 57C Matters to be taken into account for decrease proposal . . . . . . . . . . 57 57D Surrender or disposal of gaming machines on approval of decrease . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58

3 Gaming Machine and Other Legislation Amendment No. 8, 1999 22 Amendment of s 58 (Relocation of gaming machine areas) . . . . . . . . . . . . 59 23 Amendment of s 59 (Disclosure of influential or benefiting parties) . . . . . 59 24 Amendment of s 62 (Surrender of gaming machine licences) . . . . . . . . . . . 60 25 Replacement of s 63 (Cancellation or suspension of gaming machine licences in certain circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . 62 63 Action affecting gaming machine licences based on action affecting liquor licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 26 Amendment of s 64 (Cancellation or suspension of gaming machine licences and letters of censure) . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 27 Amendment of s 65 (Suspension of gaming machine licence pending decision under s 64) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 28 Insertion of new s 65A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 65A Suspension of gaming machine licence for non-payment of monthly fees, gaming tax or penalty . . . . . . . . . . . . . . . . . . . . . . . 67 29 Amendment of s 66 (Effect of suspension of licence) . . . . . . . . . . . . . . . . . 69 30 Insertion of new s 66A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 66A Notices to interested persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 31 Amendment of s 68 (Recovery of gaming machines etc.) . . . . . . . . . . . . . . 70 32 Insertion of new ss 68A and 68B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 68A Recovery or disposal of gaming machines and other property on cancellation or non-renewal of gaming machine licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 68B Destruction of fingerprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 33 Amendment of s 69 (Appointment of administrator instead of suspension) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 34 Omission of s 72D (Control action under the Corporations Law) . . . . . . . . 73 35 Omission of s 72N (Criminal history reports for investigation) . . . . . . . . . . 73 36 Amendment of s 72O (Recommendation about application) . . . . . . . . . . . . 73 37 Amendment of s 72ZA (Surrender of licence) . . . . . . . . . . . . . . . . . . . . . . . 73 38 Replacement of ss 72ZB–72ZD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 72ZB Approving audit programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 72ZC Conducting investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 39 Amendment of s 72ZG (Grounds for suspension or cancellation) . . . . . . . . 75 40 Amendment of s 72ZH (Show cause notice) . . . . . . . . . . . . . . . . . . . . . . . . . 75

4 Gaming Machine and Other Legislation Amendment No. 8, 1999 41 Replacement of s 72ZI (Involvement of interested persons in show cause process) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 72ZI Involvement of interested persons in show cause process . . . . . . . . 76 42 Amendment of s 72ZJ (Consideration of representations) . . . . . . . . . . . . . . 77 43 Amendment of s 72ZK (Ending show cause process without further action) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 44 Amendment of s 72ZO (Decision of commission) . . . . . . . . . . . . . . . . . . . . 77 45 Amendment of s 72ZP (Suspension or cancellation) . . . . . . . . . . . . . . . . . . 78 46 Insertion of new s 72ZRA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 72ZRA Terms of appointment, and role, of administrator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 47 Replacement of s 72ZS (Notices to interested persons) . . . . . . . . . . . . . . . 79 72ZS Notices to interested persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 48 Insertion of new ss 72ZVA and 72ZVB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 72ZVA Notice by licensed operator of failure of licensee to pay certain amounts . . . . . . . . . . . . . . . . . . . . 81 72ZVB Storing and handling gaming equipment and other property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 49 Replacement of s 72ZW (Returns about licensed key monitoring employees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 72ZW Returns about employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82 50 Insertion of new s 72ZZ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 72ZZ Requirement to end key officer’s role . . . . . . . . . . . . . . . . . . . . . . . . 83 51 Insertion of new pt 3A, div 7A— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Division 7A—Compliance requirements Subdivision 1—Control systems 72ZZA Approved control system for licensed operator’s monitoring operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 72ZZB Control system submission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 72ZZC Control system (change) submission . . . . . . . . . . . . . . . . . . . . . . . . . 85 72ZZD Dealing with submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 72ZZE Direction to change approved control system . . . . . . . . . . . . . . . . . . 87 Subdivision 2—Monitoring records 72ZZF Notices about keeping monitoring records . . . . . . . . . . . . . . . . . . . . 87

5 Gaming Machine and Other Legislation Amendment No. 8, 1999 72ZZG Monitoring records to be kept at certain place . . . . . . . . . . . . . . . . . 88 72ZZH Monitoring records to be kept for required period . . . . . . . . . . . . . . 88 Subdivision 3—Financial accounts, statements and reports 72ZZI Keeping of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 72ZZJ Preparation of financial statements and accounts . . . . . . . . . . . . . . . 89 72ZZK Submission of reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 Subdivision 4—Financial institution accounts 72ZZL Keeping of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 72ZZM Use of accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Subdivision 5—Audit 72ZZN Audit guidelines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 72ZZO Audit of monitoring operations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 72ZZP Carrying out of audit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 72ZZQ Licensed operator to give documents about audit to chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 52 Amendment of s 72ZZ (Disclosure affidavits about persons having influence or receiving benefits) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 53 Amendment of pt 4 hdg (Licensing of repairers, service contractors, machine managers and key monitoring employees) . . . . . . . . 94 54 Insertion of new ss 72ZZS and 72ZZT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 72ZZS Meaning of key monitoring employee . . . . . . . . . . . . . . . . . . . . . . . . 94 72ZZT Meaning of key officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 55 Amendment of s 74 (Unlicensed persons not to be service contractors) . . 95 56 Replacement of s 75 (Unlicensed persons not to be machine managers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 75 Licensing requirements for carrying out gaming duties on licensed premises . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 57 Amendment of s 76 (Certain persons must apply for machine manager’s licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 58 Insertion of new ss 76B–76F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 76B Meaning of nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 76C Identity cards for certain nominees . . . . . . . . . . . . . . . . . . . . . . . . . 100 76D Nominees of licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101

6 Gaming Machine and Other Legislation Amendment No. 8, 1999 76E Application for gaming nominee’s licence by licensed gaming employee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 76F Application for gaming employee’s licence by licensed gaming nominee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 59 Replacement of s 77 (Applications for licences under this part) . . . . . . . 103 77 Applications for licences under this part . . . . . . . . . . . . . . . . . . . . . 103 60 Amendment of s 78 (Changes in circumstances of applicants for and holders of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 61 Amendment of s 79 (Consideration of applications) . . . . . . . . . . . . . . . . . 107 62 Replacement of s 80 (Commission may grant or refuse to grant licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 80 Decision on applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 63 Amendment of s 81 (Issue of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 64 Amendment of s 83 (Term of licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 65 Amendment of s 86 (Renewal and continuance of licences) . . . . . . . . . . 110 66 Amendment of s 88 (Display of certain licences) . . . . . . . . . . . . . . . . . . . 111 67 Amendment of s 89 (Disclosure of influential or benefiting parties) . . . . 112 68 Replacement of s 90 (Investigations of holders of licences and associates) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 90 Approving audit programs for licensed gaming nominees and associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 90A Conducting investigations of licensed persons and associates . . . 113 90B Requirement to give information or document for investigation . . 114 90C Failure to give information or document for investigation . . . . . . . 114 69 Amendment of s 92 (Notifications re employment and agreements) . . . . 115 70 Amendment of s 93 (Surrender of licences) . . . . . . . . . . . . . . . . . . . . . . . . 118 71 Amendment of s 94 (Cancellation or suspension of licences under this part) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 72 Amendment of s 95 (Suspension of licences pending decision under s 94) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 73 Amendment of s 96 (Effect of suspension of licence) . . . . . . . . . . . . . . . . 121 74 Insertion of new ss 96A and 96B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 96A Notices to interested persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122 96B Destruction of fingerprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123

7 Gaming Machine and Other Legislation Amendment No. 8, 1999 75 Amendment of s 97 (Provisional licences) . . . . . . . . . . . . . . . . . . . . . . . . . 123 76 Amendment of s 98 (Installation and storage of gaming machines by licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 77 Amendment of s 98A (Licensee’s register of gaming machines) . . . . . . . 124 78 Amendment of s 99 (Gaming machines not to be played if not installed in gaming machine area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 79 Amendment of s 106 (Licensees not to extend credit) . . . . . . . . . . . . . . . . 125 80 Insertion of new s 110A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 110A Unclaimed payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125 81 Amendment of s 111 (Malfunction of gaming machines) . . . . . . . . . . . . . 126 82 Amendment of s 112 (Defective gaming machines not allowed) . . . . . . . 127 83 Amendment of s 114 (Certain persons only to have access etc. to gaming machines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 84 Omission of ss 115 and 116 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 85 Amendment of s 123 (Ascertainment of age) . . . . . . . . . . . . . . . . . . . . . . . 127 86 Amendment of s 129 (Obstruction generally) . . . . . . . . . . . . . . . . . . . . . . . 128 87 Amendment of s 140 (Possession etc. of gaming machines and restricted components by licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 88 Amendment of s 141 (Possession etc. of gaming machines etc. by other persons) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 89 Amendment of s 145 (Procedure for determination of tenders) . . . . . . . . . 129 90 Replacement of s 146A (Changes to approved games) . . . . . . . . . . . . . . . 129 146A Replacing approved games . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 146B Changes to percentage returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 91 Insertion of new s 148A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 148A Inducing the acquisition of gaming equipment or ancillary or related equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131 92 Amendment of s 151 (Gaming prohibited on unprotected devices) . . . . . 132 93 Amendment of s 152 (Unlawful interference with gaming equipment) . . 132 94 Amendment of s 153 (Protection of sensitive areas of gaming equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 95 Amendment of s 155 (Use of gaming machines not provided to licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 96 Amendment of s 158 (Accounts and analyses) . . . . . . . . . . . . . . . . . . . . . . 133

8 Gaming Machine and Other Legislation Amendment No. 8, 1999 97 Amendment of s 159 (Monthly gaming machine reconciliation reports to be submitted) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 134 98 Amendment of s 161 (Audit of accounts of licensee) . . . . . . . . . . . . . . . . 134 99 Omission of s 161A (Audit of accounts of licensed operators) . . . . . . . . . 135 100 Amendment of s 163 (Monthly taxable metered win) . . . . . . . . . . . . . . . . 135 101 Amendment of s 170 (Payment of monthly fees, taxes etc.) . . . . . . . . . . . 136 102 Insertion of new s 170A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 170A Adjustment of gaming machine tax . . . . . . . . . . . . . . . . . . . . . . . . . 136 103 Amendment of s 171 (Penalty for late payment) . . . . . . . . . . . . . . . . . . . . 137 104 Replacement of s 173 (Statement and report by the chief executive) . . . 137 173 Licensed operator’s financial statement . . . . . . . . . . . . . . . . . . . . . 137 105 Amendment of s 174 (Disposition of fees etc.) . . . . . . . . . . . . . . . . . . . . . . 138 106 Amendment of s 176 (Recovery of fees and taxes) . . . . . . . . . . . . . . . . . . 138 107 Replacement of s 177 (Offences relating to revenue) . . . . . . . . . . . . . . . . 139 177 Offences relating to revenue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 108 Omission of s 178 (Offences relating to explanations) . . . . . . . . . . . . . . . . 139 109 Amendment of s 186 (Certain persons not to play gaming machines) . . . 140 110 Amendment of s 187 (Officers of division may be prohibited from playing gaming machines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 111 Amendment of s 188 (Prohibition on control of applications by clubs) . . 140 112 Insertion of new s 188A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140 188A Prohibition on control of gaming at clubs . . . . . . . . . . . . . . . . . . . . 141 113 Amendment of s 189 (Restriction on certain agreements) . . . . . . . . . . . . . 141 114 Amendment of s 195 (Reporting of accounting discrepancies and criminal activity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 115 Amendment of s 196 (Cheating) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141 116 Amendment of s 206 (Proceedings for offences) . . . . . . . . . . . . . . . . . . . . 142 117 Amendment of s 212 (Disclosure of criminal history) . . . . . . . . . . . . . . . . 142 118 Amendment of s 215 (Regulation making power) . . . . . . . . . . . . . . . . . . . 142 119 Omission of s 217 (Approval of chief executive may be conditional) . . . 142 120 Insertion of new pt 11, div 1 hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142

9 Gaming Machine and Other Legislation Amendment No. 8, 1999 121 Amendment of s 218 (Chief executive to supply gaming machines etc. until there is a licensed operator) . . . . . . . . . . . . . . . . . . . . 143 122 Insertion of new pt 11, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 Division 2—Provisions for Gaming Machine and Other Legislation Amendment Act 1999 223 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143 224 Term of gaming machine licences . . . . . . . . . . . . . . . . . . . . . . . . . . 144 225 Approved control systems for existing operators . . . . . . . . . . . . . . . 144 226 Nominees of licensees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145 227 Application for gaming nominees’ licences . . . . . . . . . . . . . . . . . . 145 228 Applications for machine managers’ licences . . . . . . . . . . . . . . . . . 146 229 Machine managers’ licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 230 Licensed machine managers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 231 Term of part 4 licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 146 232 Continuation of certain agreements for stated period . . . . . . . . . . . 147 PART 3—AMENDMENT OF CASINO CONTROL ACT 1982 123 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 124 Insertion of new s 71A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 71A Unclaimed winnings and prizes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148 PART 4—AMENDMENT OF INTERACTIVE GAMBLING (PLAYER PROTECTION) ACT 1998 125 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 126 Amendment of s 135 (Inactive players accounts) . . . . . . . . . . . . . . . . . . . . 149 127 Amendment of s 137 (Prohibition of interactive gambling) . . . . . . . . . . . . 149 128 Amendment of s 162 (Approval of regulated interactive gambling equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149 PART 5—AMENDMENT OF KENO ACT 1996 129 Act amended in pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 130 Amendment of s 148 (Extending credit) . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 131 Replacement of s 152 (Claims for payment) . . . . . . . . . . . . . . . . . . . . . . . 151 152 Claims for payment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 151 132 Insertion of new s 159A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 159A Keno gaming by keno agent or keno agent’s employees . . . . . . . . 152

10 Gaming Machine and Other Legislation Amendment No. 8, 1999 PART 6—AMENDMENT OF LOTTERIES ACT 1997 133 Act amended in pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152 134 Insertion of new s 132A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 132A Relationship of provisions about unclaimed prizes with Public Trustee Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 PART 7—AMENDMENT OF WAGERING ACT 1998 135 Act amended in pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153 136 Amendment of s 213 (Claims for payment of winning bets) . . . . . . . . . . . 153

Queensland Gaming Machine and Other Legislation Amendment Act 1999 Act No. 8 of 1999 An Act to amend the GamingMachineAct1991 and certain other Acts [Assented to 30 March 1999]

s 1 12 Gaming Machine and Other Legislation Amendment The Parliament of Queensland enacts— s4 No. 8, 1999 PART 1—PRELIMINARY ˙ Short title 1. This Act may be cited as the Gaming Machine and Other Legislation Amendment Act 1999 . ˙ Commencement 2.(1) Section 113 is taken to have commenced on 20 November 1998. (2) The remaining provisions commence on a day to be fixed by proclamation. PART 2—AMENDMENT OF GAMING MACHINE ACT 1991 ˙ Act amended in pt 2 3. This part amends the Gaming Machine Act 1991 . ˙ Amendment of s 3 (Definitions) 4.(1) Section 3, definitions “disclosure affidavit” , “game” , “information notice” , “inspector” , “key monitoring employee” , “key officer” , “ licensed machine manager” , “machine manager” , “money clearance” and “promotions” — omit. (2) Section 3—

s 4 13 s 4 Gaming Machine and Other Legislation Amendment No. 8, 1999 insert— ‘ “additional premises” see section 41(3)(e). “additional premises application” means an application, made under section 41 by a club that is a licensee, for approval of premises (additional to the existing licensed premises) as premises to which the club’s gaming machine licence relates. “appropriately qualified” , for a person to whom a power under this Act may be delegated, includes having the qualifications, experience or standing appropriate to exercise the power. Example of ‘standing’— A person’s classification level in the public service. “approved authority” , for licensed premises, means— (a) the liquor licensing authority; or (b) the Queensland Fire and Rescue Authority; or (c) the local government whose area is the area in which the premises are situated. “approved control system” means a control system approved by the chief executive, and includes an approved control system changed under a direction or approval of the chief executive. “approved number” , of gaming machines, for licensed premises, means— (a) the number (the “original number” ) of gaming machines originally permitted to be installed on the premises; or (b) if the original number is subsequently adjusted by an increase under section 56B or a decrease under section 57B—the original number as adjusted under the section or sections. “approved place” see section 72ZZF. “associates (nominees) audit program” means an audit program, for investigating associates of licensed gaming nominees, approved by the Minister under section 90. “associates (operators) audit program” means an audit program, for

s 4 14 s 4 Gaming Machine and Other Legislation Amendment No. 8, 1999 investigating associates of licensed operators, approved by the Minister under section 72ZB. “audit guidelines” see section 72ZZN. “authorised gaming machine” , of a licensee, means a gaming machine that is, for the licensee, either— (a) a rented gaming machine; or (b) a privately acquired gaming machine. “category 1 licensed premises” means licensed premises for which 1 of the following licences under the Liquor Act 1992 is in force— (a) a general liquor licence; (b) an on-premises licence; (c) a special facility licence (other than the special facility licence held by the Surfers Paradise Bowls Club Incorporated). “category 2 licensed premises” means licensed premises that are not category 1 licensed premises. “control action” , under the Corporations Law, see section 6AA. “control system” means a system of internal controls and administrative and accounting procedures for the conduct by a licensed operator of the operator’s monitoring operations. “control system (change) submission” see section 72ZZC. “control system submission” see section 72ZZB. “criminal history” , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders)Act 1986 , and— (a) despite section 6 of that Act, includes a conviction of the person to which the section applies; and (b) despite section 5 of that Act, includes a charge made against the person for an offence. “decrease proposal” means— (a) an application made by a licensee under section 57 for a decrease

s 4 15 s 4 Gaming Machine and Other Legislation Amendment No. 8, 1999 in the approved number of gaming machines for licensed premises of the licensee; or (b) a request made by an approved authority under section 57 for a decrease in the approved number of gaming machines for licensed premises of a licensee; or (c) a report made by an inspector under section 57 recommending a decrease in the approved number of gaming machines for licensed premises of a licensee. “directly interested person” , for a licensed operator, means— (a) an approved financier with whom the operator has entered into an agreement or arrangement relating to the operator’s monitoring operations; or (b) a secured creditor of the operator. “disclosure affidavit” see section 72ZZR. “excluded interested person” , for a licensed operator, means an indirectly interested person of the operator designated by the chief executive to be an excluded interested person for the operator. “exempt monitoring record” see section 72ZZF(1)(b). “existing licence” see section 41C(1). “existing premises” see section 41B(3)(c). “game” means a game— (a) designed to be played on a gaming machine; and (b) that is identifiable from all other games by— (i) the name of the game; or (ii) differences in rules or programming. “gaming duties” means duties about the conduct of gaming prescribed under a regulation. “gaming employee” means— (a) a licensed gaming employee employed under section 75(3), (4) or (5); or

s 4 16 s 4 Gaming Machine and Other Legislation Amendment No. 8, 1999 (b) a licensed gaming nominee employed under section 75(3) or (4); or (c) an applicant for a gaming employee’s licence employed under section 75(4) or (6); or (d) an applicant for a gaming nominee’s licence employed under section 75(4); or (e) a person employed under section 75(9); or (f) the nominee of a licensee. “increase application” means an application made by a licensee under section 56 for an increase in the approved number of gaming machines for licensed premises of the licensee. “indirectly interested person” , for a licensed operator, means a person the operator knows, or ought reasonably to know, has an interest in the operator’s licence, but does not include a directly interested person of the operator. “information notice” , for a decision of the commission, means a written notice stating the decision and the reasons for the decision, and also stating— (a) if the notice is being given to a person who has a right to appeal against the decision to the Minister— (i) that the person may appeal against the decision to the Minister within 14 days after being given notice of the decision; and (ii) how the appeal may be made; or (b) if the notice is being given to a person who has a right to appeal against the decision to a Magistrates Court— (i) that the person may appeal against the decision to a Magistrates Court within 28 days after receiving notice of the decision; and (ii) how the appeal may be made. “inspector” means a person who is an inspector under this Act. “interested person” , for a licensed operator, means a directly or indirectly

s 4 17 s 4 Gaming Machine and Other Legislation Amendment No. 8, 1999 interested person of the operator. “key monitoring employee” see section 72ZZS(1). “key officer” see section 72ZZT. “licensed gaming employee” means the holder of a gaming employee’s licence in force under this Act. “licensed gaming nominee” means the holder of a gaming nominee’s licence in force under this Act. “licensed person” means— (a) a licensed repairer; or (b) a licensed service contractor; or (c) a licensed gaming nominee; or (d) a licensed gaming employee; or (e) a licensed key monitoring employee. “money clearance” means— (a) the removal of gaming tokens from— (i) the cash box of a gaming machine; or (ii) the banknote acceptor of a gaming machine; or (b) the deduction of an amount from money received by a licensee from persons to enable the persons to establish gaming machine credits under a centralised credit system. “monitoring operations” , of a licensed operator, means operations conducted by the operator under the operator’s licence. “monitoring record” , of a licensed operator, means a record (including a document) about the operator’s monitoring operations. “nominee” , of a licensee for premises, see section 76B. “nominees audit program” means an audit program for investigating licensed gaming nominees approved by the Minister under section 90. “operators audit program” means an audit program for investigating licensed operators approved by the Minister under section 72ZB.

s 4 18 s 4 Gaming Machine and Other Legislation Amendment No. 8, 1999 “ownership” , for a game change or a percentage return to player change, includes the holding of a lease or sublease. “parent entity” , of a licensed operator, see Corporation’s Law, section 243D(1). 1 “power” , for a delegation by the commission, includes doing an act or making a decision for the purpose of performing a function. “privately acquired gaming machine” means a gaming machine, other than a rented gaming machine that— (a) is purchased or otherwise acquired by a licensee, for use for gaming on the licensee’s licensed premises, from— (i) the chief executive; or (ii) a licensed operator, approved financier, gaming trainer or recognised manufacturer or supplier of gaming machines; or (iii) another licensee; and (b) has not been disposed of by the licensee. “promotions” means an amount, part of an amount, or something else, able to be won by playing a gaming machine, whether or not a winning result for a game is obtained, and made available by a licensee or licensed operator, but, if a winning result for a game is obtained, does not include the amount constituted by the winning result itself. “rented gaming machine” means a gaming machine— (a) provided to a licensee by the chief executive for use for gaming on the licensee’s licensed premises; and (b) for which a daily rental fee, calculated under the Gaming MachineRegulation 1991 , section 37, is required to be taken into account in calculating the monthly fees payable by the licensee under section 164 of this Act. 1 Corporation’s Law— 243D.(1) ( “parent entity” ) An entity is a “ parent entity” of another entity if: (a) both are bodies corporate and the first entity is a holding company of the other; or (b) the first entity has control over the other.

s 4 19 s 4 Gaming Machine and Other Legislation Amendment No. 8, 1999 “supporting material” , for an additional premises application, means— (a) for the making of a recommendation under section 41A(1), or the giving of advice under section 41A(8), by the chief executive about the application—any information or document received by the chief executive in response to a notice given under section 41A(2)(b) about the application; or (b) for the making of a decision by the commission under section 41B(1), or the fixing by the commission of a number of gaming machines under section 41C, for the application— (i) any information or document mentioned in paragraph (a); or (ii) any information or document received by the commission in response to a notice given under section 41B(2) about the application. “supporting material” , for an application for a gaming machine licence, means— (a) for the making of a recommendation under section 40(1), or the giving of advice under section 40(10), by the chief executive about the application—any information or document received by the chief executive in response to a notice given under section 40(2)(b) about the application; or (b) for the making of a decision by the commission under section 38(1)(a), or the fixing by the commission of a number of gaming machines under section 40B, for the application— (i) any information or document mentioned in paragraph (a); or (ii) any information or document received by the commission in response to a notice given under section 40A(1) about the application. “supporting material” , for an application for a licence under part 4, means— (a) for the making of a recommendation by the chief executive under section 79(2) about the application—any information or document received by the chief executive in response to a notice given under section 79(1A) about the application; or

s 4 20 s 4 Gaming Machine and Other Legislation Amendment No. 8, 1999 (b) for the making of a decision by the commission under section 80(1) about the application— (i) any information or document mentioned in paragraph (a); and (ii) any information or document received by the commission in response to a notice given under section 80 (2). “supporting material” , for an increase application, means— (a) for the making of a recommendation by the chief executive under section 56A about the application—any information or document received by the chief executive in response to a notice given under subsection (3) of that section about the application; or (b) for the making of a decision by the commission under section 56B about the application— (i) any information or document mentioned in paragraph (a); or (ii) any information or document received by the commission in response to a notice given under section 56B(2) about the application. “total approved number” , of gaming machines, for 2 or more licensed premises to which a single gaming machine licence relates, means the number representing the total of each of the approved numbers of gaming machines for each of the premises.’. (3) Section 3, definition “disclosed associate” , ‘72ZZ(4)(a) or (b). 5’ — omit, insert— ‘72ZZR(4)(a) or (b). 2 ’. (4) Section 3, definition “service contract” , ‘provided to a licensee or that is on licensed premises’— omit, insert— ‘on licensed premises or otherwise in a licensee’s possession,’. 2 Section 72ZZR (Disclosure affidavits about persons having influence or receiving benefits)

s 5 21 s 8 Gaming Machine and Other Legislation Amendment No. 8, 1999 ˙ Amendment of s 6 (Meaning of “associate”) 5. Section 6(a)(ix), ‘a natural person’— omit, insert— ‘an individual’. ˙ Insertion of new s 6AA 6. After section 6— insert— ˙ ‘ Meaning of “control action” under the Corporations Law ‘ 6AA. For this Act, a person is affected by control action under the Corporations Law if— (a) the person has executed a deed of company arrangement under the Law; or (b) the person is the subject of a winding-up (whether voluntarily or under a court order) under the Law; or (c) the person is the subject of an appointment of an administrator or liquidator under the Law; or (d) there is, under the law, a controller for property of the person.’. ˙ Amendment of s 12 (Powers of commission) 7. Section 12(2)— omit. ˙ Amendment of s 24 (Appeals to Minister) 8.(1) Section 24(8)(b)— omit, insert— ‘(b) under section 40B(2), fixing a number of gaming machines for premises that is less than the number sought in the relevant application for the premises; or

s 8 22 s 8 Gaming Machine and Other Legislation Amendment No. 8, 1999 (ba) under section 41B, refusing to approve additional premises as premises to which a club’s gaming machine licence relates; or (bb) under section 41C(2), fixing a number of gaming machines for additional premises that is less than the number sought in the additional premises application; or’. (2) Section 24(8)(e) to (h)— omit, insert— ‘(e) under section 56B(1), refusing to approve an increase in the approved number of gaming machines for a licensee’s licensed premises; or (f) under section 56B(1), approving an increase in the approved number of gaming machines for a licensee’s licensed premises that is less than the increase sought in the relevant application; or (g) under section 57B(1), refusing, for a decrease proposal that is an application, to approve a decrease in the approved number of gaming machines for a licensee’s licensed premises; or (ga) under section 57B(1), approving, for a decrease proposal that is an application, a decrease in the approved number of gaming machines for a licensee’s licensed premises that is less than the decrease sought in the application; or (gb) under section 57B(1), approving, for a decrease proposal that is a request or report, a decrease in the approved number of gaming machines for a licensee’s licensed premises; or (h) under section 64(12)(d) or (12A); or’. (3) Section 24(8)(m)— omit, insert— ‘(m)under section 94(12)(d) or (12A); or’. (4) Section 24(9), before paragraph (a)— insert— ‘(aa) a decision of the chief executive under section 51 refusing to renew a gaming machine licence; or

s 9 23 s 9 Gaming Machine and Other Legislation Amendment No. 8, 1999 (ab) a decision of the chief executive under section 65A suspending a gaming machine licence; or’. (5) Section 24(9)— insert— ‘(c) a decision of the chief executive under section 76E refusing to grant an application for a gaming nominee’s licence; or (d) a decision of the chief executive under section 76F refusing to grant an application for a gaming employee’s licence; or (e) a decision of the chief executive under section 86 refusing to renew a licence issued under part 4.’. ˙ Replacement of s 31 (Delegation by chief executive) 9. Section 31— omit, insert— ˙ ‘ Delegation by Minister ‘ 30A. The Minister may delegate the Minister’s powers under this Act to— (a) the chief executive; or (b) an appropriately qualified inspector; or (c) an appropriately qualified officer of the department. ˙ ‘ Delegation by commission ‘ 30B.(1) The commission may delegate its designated powers to— (a) the chief executive; or (b) an appropriately qualified inspector; or (c) an appropriately qualified officer of the department. ‘ (2) In this section— “designated powers” , of the commission, means the powers of the

s 10 24 s 10 Gaming Machine and Other Legislation Amendment No. 8, 1999 commission under this Act, other than powers under sections 64(12) and (12A), 65, 72ZO, 94(12) and (12A), 95, 145 and 184. 3 ˙ ‘ Delegation by chief executive ‘ 31. The chief executive may delegate the chief executive’s powers under this Act to— (a) an appropriately qualified inspector; or (b) an appropriately qualified officer of the department.’. ˙ Replacement of s 34 (Police assistance) 10. Section 34— omit, insert — ˙ ‘ Criminal history reports for investigations ‘ 34.(1) This section applies in relation to the investigation of a person for section 29(4), 40(2)(a), 60(1), 72ZC(1), 79(1)(b) and 90A. 4 ‘ (2) If the chief executive asks the commissioner of the police service for a written report on the person’s criminal history, the commissioner must give the report to the chief executive. ‘ (3) The report must contain— (a) relevant information in the commissioner’s possession; and (b) relevant information the commissioner can reasonably obtain by 3 Sections 64 (Cancellation or suspension of gaming machine licences and letters of censure), 65 (Suspension of gaming machine licence pending decision under s 64), 72ZO (Decision of commission), 94 (Cancellation or suspension of licences under this part), 95 (Suspension of licences pending decision under s 94), 145 (Procedure for determination of tenders) and 184 (Review and termination of agreements) 4 Sections 29 (Officers of division to be of good repute), 40 (Recommendation by chief executive about application for gaming machine licence), 60 (Investigation of licensees and associates), 72ZC (Conducting investigations), 79 (Consideration of applications) and 90A (Conducting investigations of licensed persons and associates)

s 11 25 s 12 Gaming Machine and Other Legislation Amendment No. 8, 1999 asking officials administering police services in other Australian jurisdictions; and (c) other relevant information to which the commissioner has access.’. ˙ Amendment of s 38 (Gaming lawful and does not constitute nuisance) 11. Section 38(1)(a), ‘the recommendation’— omit, insert— ‘any recommendation’. ˙ Amendment of s 39 (Application for gaming machine licences) 12.(1) Section 39(1)— insert— ‘(f) a subsidiary operator.’. (2) Section 39(2)— insert— ‘(c) if the application is made by an applicant mentioned in subsection (1)(f)—the part of special facility premises for which the applicant is a subsidiary operator.’. (3) Section 39— insert— ‘ (2A) An application for a gaming machine licence made by a body corporate that holds, or has applied to become the holder of, a club liquor licence may relate to 2 or more premises. ‘ (2B) Except as provided under subsection (2A), an application for a gaming machine licence may only relate to single premises.’. (4) Section 39(3)(b) and (c)— omit, insert— ‘(b) for an application by an individual—must be signed by the

s 12 26 s 12 Gaming Machine and Other Legislation Amendment No. 8, 1999 applicant; and (c) for an application by a body corporate—must be signed in the appropriate way; and’. (5) Section 39(3)(d)(i), ‘a natural person’— omit, insert— ‘an individual’. (6) Section 39(3)(e)(iii), before ‘a copy of’— insert— ‘unless the body corporate is a company that has only 1 director—’. (7) Section 39(3)(g)(i), ‘subsection (1)(a), (b) or (c)’— omit, insert— ‘subsection (1)(a), (b), (c) or (f)’. (8) Section 39(3)(k)— omit, insert— ‘(k) is to specify— (i) the number of gaming machines for which the licence is sought; and (ii) if the application relates to 2 or more premises—the number of gaming machines sought for each of the premises; and’. (9) Section 39— insert— ‘ (4) In subsection (2)(c), a reference to the part of special facility premises for which an applicant for a gaming machine licence mentioned in subsection (1)(f) is a subsidiary operator is a reference to— (a) the part of special facility premises the holder of the special facility liquor licence for the premises has, with the approval of the relevant chief executive, let or sublet to the applicant; or (b) the part of special facility premises in relation to which the holder of the special facility liquor licence for the premises has, with the

s 12 27 s 12 Gaming Machine and Other Legislation Amendment No. 8, 1999 approval of the relevant chief executive, entered into a franchise or management agreement with the applicant. ‘ (5) For subsection (3)(c), an application for a gaming machine licence made by a body corporate is signed in the appropriate way— (a) if it is signed— (i) by at least 2 of its executive officers authorised to sign by the body corporate; or (ii) if there is only 1 executive officer of the body corporate—by the officer; or (b) if the chief executive considers, for a body corporate having at least 2 executive officers, that paragraph (a) can not reasonably be complied with—if it is signed in the way the chief executive considers appropriate. ‘ (6) In this section— “relevant chief executive” means the chief executive of the department in which the Liquor Act 1992 is administered. “special facility liquor licence” means a licence mentioned in the LiquorAct 1992 , section 58(1)(f). “special facility premises” means premises to which a special facility liquor licence relates. “subsidiary operator” means— (a) an individual or body corporate to which the holder of a special facility liquor licence has, with the approval of the relevant chief executive— (i) let or sublet part of the special facility premises; and (ii) let or sublet the right to sell liquor; or (b) an individual or body corporate with which the holder of a special facility liquor licence has, with the approval of the relevant chief executive— (i) entered into a franchise or management agreement for part

s 13 28 s 13 Gaming Machine and Other Legislation Amendment No. 8, 1999 of the special facility premises; and (ii) let or sublet the right to sell liquor.’. ˙ Replacement of ss 40 and 41 13. Sections 40 and 41— omit, insert— ˙ ‘ Recommendation by chief executive about application for gaming machine licence ‘ 40.(1) The chief executive must— (a) consider an application for a gaming machine licence received by the chief executive; and (b) after considering the application—make a recommendation to the commission that a gaming machine licence be granted or refused. ‘ (2) In considering the application, the chief executive— (a) must conduct investigations the chief executive considers are necessary and reasonable to help the chief executive make a recommendation; and (b) may, by written notice given to the applicant or an associate of the applicant, require the applicant or associate, within a reasonable time stated in the notice, to give the chief executive further information or a document that is necessary and reasonable to help the chief executive make a recommendation. ‘ (3) Also, in considering the application, the chief executive must assess— (a) the suitability of the premises to which the application relates (the “subject premises” ) for the installation and use of gaming machines, having regard to the size and layout of, and facilities on, the premises; and (b) if the applicant is an individual—the financial stability, general reputation and character of the applicant; and (c) if the applicant is a body corporate—

s 13 29 s 13 Gaming Machine and Other Legislation Amendment No. 8, 1999 (i) the financial stability and business reputation of the body corporate; and (ii) the general reputation and character of the secretary and each executive officer of the body corporate; and (d) the suitability of the applicant to be a licensee; and (e) if a person is stated in an affidavit under section 59 5 as being a person who satisfies a description mentioned in subsection (4)(a) or (b) of that section—the suitability of the person to be an associate of the applicant; and (f) if the chief executive considers it appropriate—the suitability of any other associate of the applicant to be an associate of the applicant. ‘ (4) For an application by an individual, the chief executive may, with the applicant’s agreement, cause the applicant’s fingerprints to be taken. ‘ (5) Despite subsection (1)(a), if the applicant is an individual, the chief executive is required to consider the application only if the applicant agrees to having the applicant’s fingerprints taken. ‘ (6) If the chief executive considers a proposed location for the installation of gaming machines (as shown on the plan of the subject premises accompanying the application, or that plan as amended and resubmitted, or as last amended and resubmitted, under this subsection) is unsuitable, the chief executive must— (a) by written notice, advise the applicant accordingly; and (b) return the plan to the applicant; and (c) ask the applicant to amend, or further amend, and resubmit, the plan within the time stated in the notice. ‘ (7) In making a recommendation, the chief executive must have regard to any supporting material for the application. ‘ (8) The chief executive must recommend that a gaming machine licence be refused if— 5 Section 59 (Disclosure of influential or benefiting parties)

s 13 30 s 13 Gaming Machine and Other Legislation Amendment No. 8, 1999 (a) for an application by an individual— (i) the applicant is not 18; or (ii) the applicant’s fingerprints have not been taken under subsection (4) because of the applicant’s failure to agree to the action being taken; or (b) for an application by a body corporate—the secretary or an executive officer of the body corporate is not 18; or (c) the chief executive considers the installation and use of gaming machines on the subject premises is likely to affect adversely— (i) the nature or character of the premises; or (ii) the general use of the premises or the enjoyment of persons using the premises; or (d) the applicant fails to comply with a request of the chief executive under subsection (6)(c) without a reasonable excuse. ‘ (9) The chief executive may recommend that a gaming machine licence be refused if the applicant, or an associate of the applicant, fails to comply with a requirement of the chief executive under subsection (2)(b) without a reasonable excuse. ‘ (10) If the chief executive recommends the grant of a gaming machine licence, the chief executive must advise the commission of the number of gaming machines the chief executive considers are appropriate for the subject premises, or each of the subject premises. 6 ‘ (11) If the commission has, for an application for a gaming machine licence, delegated its powers to decide the application to the chief executive, the chief executive— (a) is not required to make a recommendation about the application under this section, or give advice under subsection (9); but (b) must take the action mentioned in subsection (2)(a) and (3) and, if appropriate, subsection (6), and may take the action mentioned in 6 Section 40C sets out matters to which the chief executive must, or may, have regard in giving advice for section 40(8).

s 13 31 s 13 Gaming Machine and Other Legislation Amendment No. 8, 1999 subsection (4), as if the chief executive were dealing with the application for making a recommendation under this section. ˙ ‘ Decision on application for gaming machine licence ‘ 40A.(1) Before making a decision to grant, or to refuse to grant, a gaming machine licence, the commission may, by written notice given to the applicant for the licence or an associate of the applicant, require the applicant or associate, within a reasonable time stated in the notice, to give the commission further information or a document that is necessary and reasonable to help the commission make the decision. ‘ (2) In making its decision, the commission must have regard to any supporting material for the application. ‘ (3) The commission may refuse to grant a gaming machine licence if— (a) the applicant, without a reasonable excuse, fails to comply with— (i) a requirement of the chief executive under section 40(2)(b); or (ii) a requirement of the commission under subsection (1); or (b) an associate of the applicant, without a reasonable excuse, fails to comply with— (i) a requirement of the chief executive under section 40(2)(b); or (ii) a requirement of the commission under subsection (1). ‘ (4) For an application by a club, the commission must refuse to grant a gaming machine licence if the commission considers— (a) that the club, including a voluntary association of persons from which it was formed— (i) has not been operating for at least 2 years before the application was made; or (ii) has not, during the entire period, been pursuing its objects or purposes in good faith; or (b) that payments for the rental or lease of the club’s licensed

s 13 32 s 13 Gaming Machine and Other Legislation Amendment No. 8, 1999 premises are unreasonable; or (c) if a lease, agreement or arrangement made by the club provides that a person or voluntary association of persons is entitled to receive, or may receive, a payment, benefit or advantage during, or at the end of, the lease, agreement or arrangement—that the provision is unreasonable; or (d) if the election of all or any of the members of the club’s management committee or board is or may be decided, or controlled or influenced in a significant way or to a significant degree, by persons who are not voting members of the club or by only some voting members of the club—that this is not in the best interests of the club or its members; or (e) if the voting members of the club, taken as a group, do not, for any reason, have complete and sole control over the election of all members of the club’s management committee or board—that this is not in the best interests of the club or its members; or (f) if the voting members of the club do not have an equal right to elect persons, and to nominate or otherwise choose persons for election, to the club’s management committee or board—that this is not in the best interests of the club or its members; or (g) if the club does not own its licensed premises and an executive officer or employee of the club is also the club’s lessor, or an associate of the club’s lessor—that this is not in the best interests of the club or its members; or (h) if an executive officer or employee of the club is a creditor, or an associate of a creditor, of the club—that this is not in the best interests of the club or its members; or (i) if the club’s management committee or board does not, for any reason, have complete and sole control over the club’s business or operations, or a significant aspect of the club’s business or operations—that this is not in the best interests of the club or its members; or (j) that the club is being, or may be, used as a device for individual gain or commercial gain by a person other than the club; or

s 13 33 s 13 Gaming Machine and Other Legislation Amendment No. 8, 1999 (k) that the grant of the licence would not be in the public interest. ‘ (5) Despite subsection (4)(a), the commission may grant a gaming machine licence to a club if the commission considers the grant— (a) is reasonable because of the club’s contractual commitments made in pursuing its objects or purposes; and (b) is necessary to meet the reasonable gaming requirements of the club’s members; and (c) is in the public interest. ‘ (6) For subsection (4)(j), a club is not taken to be used as a device for individual or commercial gain merely because it enters into an agreement or arrangement with a person for the supply of goods or services by the person to the club, if the agreement or arrangement— (a) is entered into on reasonable terms; and (b) is in the best interests of the club and its members. ‘ (7) If the commission grants a gaming machine licence, the gaming machine areas for the premises to which the licence relates are the locations on the premises shown on— (a) the plan of the premises that accompanied the application for the licence; or (b) the plan mentioned in paragraph (a), as amended and resubmitted, or as last amended and resubmitted, under section 40(6). ‘ (8) If, for an application by an individual, the commission refuses to grant a gaming machine licence, the chief executive must have any fingerprints of the applicant taken for the application destroyed as soon as practicable. ‘ (9) If the commission grants a gaming machine licence, the chief executive must immediately give written notice of the decision to the applicant. ‘ (10) If the commission refuses to grant a gaming machine licence, the chief executive must immediately give the applicant an information notice for the decision. ‘ (11) In this section—

s 13 34 s 13 Gaming Machine and Other Legislation Amendment No. 8, 1999 “election” , of a member of a club’s management committee, includes a matter relating to the election of a member, including, for example, the nomination of a person for election as a member. ˙ ‘ Fixing number of gaming machines ‘ 40B.(1) This section applies if the commission decides to grant a gaming machine licence. ‘ (2) The commission must— (a) if the application relates to single premises only—fix the number of gaming machines that may, for the licence, be installed on the premises; or (b) if the application relates to 2 or more premises—fix, for each of the premises, the number of gaming machines that may, for the licence, be installed on the premises. 7 ‘ (3) If the gaming machine licence is to relate to single premises only (the “subject premises” ), the number of gaming machines fixed under subsection (2) must not be greater than— (a) the number sought in the application; or (b) the maximum number prescribed under a regulation for the category of licensed premises to which the subject premises will belong. ‘ (4) If the gaming machine licence is to relate to 2 or more premises— (a) the number of gaming machines fixed under subsection (2) for particular premises must not be greater than the number sought in the application for the premises; and (b) the total number of gaming machines fixed for both or all the premises must not be greater than the maximum number prescribed under a regulation for category 2 licensed premises. ‘ (5) If the number of gaming machines fixed for premises is equal to the 7 Section 40C sets out matters to which the commission must, or may, have regard in fixing a number of gaming machines for licensed premises.

s 13 35 s 13 Gaming Machine and Other Legislation Amendment No. 8, 1999 number sought in the application for the premises, the chief executive must immediately give written notice of the decision to the applicant. ‘ (6) If the number of gaming machines fixed for premises is less than the number sought in the application for the premises, the chief executive must immediately give the applicant an information notice for the decision. ˙ ‘ Matters to be taken into account for advising on or fixing number of gaming machines ‘ 40C.(1) This section applies to the chief executive in giving advice to the commission under section 40(9). ‘ (2) This section also applies to the commission in fixing, under section 40B, the number of gaming machines that may, for a gaming machine licence, be installed on premises. ‘ (3) The commission or chief executive must have regard to— (a) the number of gaming machines sought in the application for the gaming machine licence; and (b) any supporting material for the application. ‘ (4) The commission or chief executive also may have regard to— (a) the liquor consumption on the premises to which the application relates; and (b) the hours and days when the premises are open for the sale of liquor; and (c) the size and layout of, and facilities on, the premises; and (d) the size and layout of the proposed gaming machine areas for the premises; and (e) the anticipated level of gaming on the premises; and (f) for an application by a club—the number of members of the club; and (g) any other matters the commission or chief executive considers relevant.

s 13 36 s 13 Gaming Machine and Other Legislation Amendment No. 8, 1999 ˙ ‘ Application by clubs for additional licensed premises ‘ 41.(1) A club that is a licensee may apply for approval of premises, additional to its existing licensed premises, as premises to which the club’s gaming machine licence relates. ‘ (2) The application for approval may be made only for— (a) premises to which a club liquor licence held by the applicant relates; or (b) if the applicant has made an application for a club liquor licence and the application has not been decided—the premises to which the application for the club liquor licence relates. ‘ (3) The application for approval must— (a) be in the approved form; and (b) be given to the chief executive; and (c) be signed in the appropriate way; and (d) state the full name, address and date of birth of the secretary and each executive officer of the applicant; and (e) give full particulars of the ownership, and any intended ownership, of the premises to which the application relates (the “additional premises” ); and (f) state the number of gaming machines intended to be installed on the additional premises; and (g) be accompanied by— (i) the required material for the application; and (ii) any fee prescribed under a regulation for the application. ‘ (4) For subsection (3)(c), the application is signed in the appropriate way— (a) if it is signed by at least 2 executive officers of the applicant authorised to sign by the applicant; or (b) if the chief executive considers that paragraph (a) can not reasonably be complied with—if it is signed in the way the chief executive considers appropriate.

s 13 37 s 13 Gaming Machine and Other Legislation Amendment No. 8, 1999 ‘ (5) For subsection (3)(g)(i), the required material for the application is— (a) a copy of the resolution or minute of the proceedings of the governing body of the applicant by which approval was given to the making of the application, certified as a true copy by the secretary of the applicant or another person authorised to certify by the applicant; and (b) a statement stating— (i) the number of members in each class of membership of the applicant; and (ii) the hours and days when the additional premises are, or are intended to be, open for the sale of liquor; and (c) a statutory declaration by the principal executive officer of the applicant that the rules or by-laws of the applicant— (i) have been complied with in making the application; and (ii) do not prohibit the playing of gaming machines on the additional premises; and (d) one of the following— (i) evidence, satisfactory to the chief executive, that the applicant is the holder of a club liquor licence for the additional premises; (ii) a copy of an application for a club liquor licence for the additional premises made by the applicant; and (e) a plan of the additional premises showing the proposed locations for gaming machines intended to be installed on the premises; and (f) an affidavit under section 59; 8 and (g) any other documents the chief executive considers necessary and reasonable to enable the application to be decided. 8 Section 59 (Disclosure of influential or benefiting parties)

s 13 38 s 13 Gaming Machine and Other Legislation Amendment No. 8, 1999 ˙ ‘ Recommendation by chief executive about additional premises application ‘ 41A.(1) The chief executive must— (a) consider an additional premises application received by the chief executive; and (b) after considering the application—make a recommendation to the commission that approval of the additional premises, as premises to which the applicant’s gaming machine licence relates, be given or refused. ‘ (2) In considering the application, the chief executive— (a) must conduct investigations the chief executive considers are necessary and reasonable to help the chief executive make a recommendation; and (b) may, by written notice given to the applicant or an associate of the applicant, require the applicant or associate, within a reasonable time stated in the notice, to give the chief executive further information or a document that is necessary and reasonable to help the chief executive make a recommendation. ‘ (3) Also, in considering the application, the chief executive must assess— (a) the suitability of the additional premises for the installation and use of gaming machines, having regard to the size and layout of, and facilities on, the premises; and (b) the financial stability and business reputation of the applicant; and (c) the general reputation and character of the secretary and each executive officer of the applicant; and (d) if a person is stated in an affidavit under section 59 9 as being a person who satisfies a description mentioned in subsection (4)(a) or (b) of that section—the suitability of the person to be an associate of the applicant; and (e) if the chief executive considers it appropriate—the suitability of 9 Section 59 (Disclosure of influential or benefiting parties)

s 13 39 s 13 Gaming Machine and Other Legislation Amendment No. 8, 1999 any other associate of the applicant to be an associate of the applicant. ‘ (4) If the chief executive considers a proposed location for the installation of gaming machines (as shown on the plan of the additional premises accompanying the application, or that plan as amended and resubmitted, or as last amended and resubmitted, under this subsection) is unsuitable, the chief executive must— (a) by written notice, advise the applicant accordingly; and (b) return the plan to the applicant; and (c) ask the applicant to amend, or further amend, and resubmit, the plan within the time stated in the notice. ‘ (5) In making a recommendation, the chief executive must have regard to any supporting material for the application. ‘ (6) The chief executive must recommend that approval be refused if— (a) the chief executive considers the installation and use of gaming machines on the additional premises is likely to affect adversely— (i) the nature or character of the premises; or (ii) the general use of the premises or the enjoyment of persons using the premises; or (b) the applicant fails to comply with a request of the chief executive under subsection (4)(c) without a reasonable excuse. ‘ (7) The chief executive may recommend that approval be refused if the applicant, or an associate of the applicant, fails to comply with a requirement of the chief executive under subsection (2)(b) without reasonable excuse. ‘ (8) If the chief executive recommends that approval of the additional premises be given, the chief executive must advise the commission of the number of gaming machines the chief executive considers are appropriate for the premises. ‘ (9) For giving advise for subsection (8), the chief executive— (a) must have regard to the number of gaming machines sought in

s 13 40 s 13 Gaming Machine and Other Legislation Amendment No. 8, 1999 the application for the additional premises; and (b) must have regard to any supporting material for the application; and (c) may have regard to the same matters, in relation to the additional premises, as the chief executive may, in giving advise for section 40(9), have regard to under section 40C(4), in relation to premises to which an application for a gaming machine licence relates. ‘ (10) If the commission has, in relation to an additional premises application, delegated its powers to decide the application to the chief executive, the chief executive— (a) is not required to make a recommendation about the application under this section, or give advice under subsection (8); but (b) must take the action mentioned in subsection (2)(a) and (3) and, if appropriate, subsection (4), as if the chief executive were dealing with the application for making a recommendation under this section. ˙ ‘ Decision on additional premises application ‘ 41B.(1) The commission may, in relation to an additional premises application, approve or refuse to approve the additional premises as premises to which the applicant’s gaming machine licence relates. ‘ (2) Before making its decision, the commission may, by written notice given to the applicant or an associate of the applicant, require the applicant or associate, within a reasonable time stated in the notice, to give the commission further information or a document that is necessary and reasonable to help the commission make the decision. ‘ (3) In making its decision, the commission— (a) must have regard to any recommendation of the chief executive about the application; and (b) must have regard to any supporting material for the application; and (c) may have regard to the benefits to be offered to members of the

s 13 41 s 13 Gaming Machine and Other Legislation Amendment No. 8, 1999 applicant at the additional premises and, in particular, whether the benefits are distinct in nature to the benefits offered to the members at the applicant’s existing licensed premises (the “existing premises” ); and (d) may have regard to any other issues the commission considers relevant. ‘ (4) The commission may approve the additional premises only if— (a) the additional premises are near the existing premises; and (b) the commission is satisfied that— (i) it is in the best interests of the applicant’s members that the approval be given; and (ii) the giving of the approval is not contrary to the public interest. ‘ (5) The commission may refuse to approve the additional premises if— (a) the applicant, without a reasonable excuse, fails to comply with— (i) a requirement of the chief executive under section 41A(2)(b); or (ii) a requirement of the commission under subsection (2); or (b) an associate of the applicant, without a reasonable excuse, fails to comply with— (i) a requirement of the chief executive under section 41A(2)(b); or (ii) a requirement of the commission under subsection (2). ‘ (6) If the commission approves the additional premises, the chief executive must immediately give written notice of the decision to the applicant. ‘ (7) If the commission refuses to approve the additional premises, the chief executive must immediately give the applicant an information notice for the decision.

s 13 42 s 13 Gaming Machine and Other Legislation Amendment No. 8, 1999 ˙ ‘ Fixing number of gaming machines for additional premises ‘ 41C.(1) This section applies if the commission decides to approve additional premises as premises to which the applicant’s gaming machine licence (the “existing licence” ) relates. ‘ (2) The commission must fix the number of gaming machines that may, for the existing licence, be installed on the additional premises. ‘ (3) The number of gaming machines fixed under subsection (2)— (a) must not be greater than the number sought in the application; and (b) must be a number that, when added to the approved number, or total approved number, of gaming machines for the existing premises, does not result in a total number of gaming machines that is greater than the maximum number prescribed under a regulation for category 2 licensed premises. ‘ (4) In fixing the number of gaming machines under subsection (2), the commission— (a) must have regard to any supporting material for the application; and (b) may have regard to the same matters, in relation to the additional premises, as the commission may, in fixing a number of gaming machines for section 40B, have regard to under section 40C(4), in relation to premises to which an application for a gaming machine licence relates. ‘ (5) If the number of gaming machines fixed for the additional premises is equal to the number sought in the additional premises application, the chief executive must immediately give written notice of the decision to the applicant. ‘ (6) If the number of gaming machines fixed for the additional premises is less than the number sought in the additional premises application, the chief executive must immediately give the applicant an information notice for the decision.

s 14 43 s 14 Gaming Machine and Other Legislation Amendment No. 8, 1999 ˙ ‘ Application of gaming machine licence to additional premises ‘ 41D.(1) This section applies if the commission decides to approve additional premises as premises to which the applicant’s existing licence relates. ‘ (2) On return of the existing licence to the chief executive, the chief executive must— (a) amend the licence to cover the additional premises and return the amended licence to the licensee; or (b) if the chief executive does not consider it practicable to amend the licence—issue a replacement gaming machine licence, incorporating the additional premises, to the licensee. ‘ (3) On action being taken by the chief executive under subsection (2)— (a) the gaming machine licence relates to the additional premises for the number of gaming machines decided by the commission for the premises; and (b) the gaming machine areas for the additional premises are the locations on the premises shown on— (i) the plan of the additional premises that accompanied the additional premises application; or (ii) the plan mentioned in subparagraph (i), as amended and resubmitted, or as last amended and resubmitted, under section 41A(4); and (c) the gaming machine licence continues to have effect in relation to the existing premises in the way the licence had effect in relation to the premises immediately before the action was taken.’. ˙ Amendment of s 42 (Changes in circumstances of applicants for and holders of licences) 14.(1) Section 42, heading— omit, insert—

s 15 44 s 15 Gaming Machine and Other Legislation Amendment No. 8, 1999 ‘ Changes in circumstances of applicants for gaming machine licences and licensees generally ’. (2) Section 42(3)(b)(iii)— omit, insert— ‘(iii) if the holder is a body corporate—is affected by control action under the Corporations Law; or’. ˙ Insertion of new s 42A 15. After section 42— insert— ˙ ‘ Changes in circumstances of licensees of category 2 licensed premises ‘ 42A.(1) This section applies to a licensee of category 2 licensed premises, in relation to the premises, if— (a) a lease, agreement or arrangement made by the licensee about the premises was in existence at the relevant time; and (b) the lease, agreement or arrangement— (i) provided for payments for the rental or lease of the premises; or (ii) provided that a person was entitled to receive, or may receive, a payment of another kind, or a benefit or advantage; and (c) there is a material change affecting the provisions mentioned in paragraph (b). ‘ (2) The licensee must, within 7 days after the change, give written notice of the change to the chief executive. Maximum penalty—40 penalty units. ‘ (3) For subsection (1)(a), the relevant time, for the licensee of the category 2 licensed premises, is— (a) the time the licensee became the licensee of the premises; or (b) if appropriate, the time the gaming machine licence held by the

s 16 45 s 16 Gaming Machine and Other Legislation Amendment No. 8, 1999 licensee for the premises was renewed, or last renewed. ‘ (4) For subsection (1)(c), there is a material change affecting the lease, agreement or arrangement mentioned in the subsection if— (a) if subsection (1)(b)(i) applies— (i) a change happens affecting the amount or frequency of the payments or the period for which the payments are required to be made; or (ii) the person entitled to receive the payments changes; or (b) if subsection (1)(b)(ii) applies— (i) a change happens affecting the amount of the payment, or the nature or extent of the benefit or advantage; or (ii) the person entitled to receive, or who may receive, the payment, benefit or advantage changes.’. ˙ Amendment of s 43 (Issue of gaming machine licences) 16.(1) Section 43, heading, after ‘ licences ’— insert— ‘ generally ’. (2) Section 43(2)— omit, insert— ‘ (2) The gaming machine licence must be in the approved form, which must provide for the inclusion of the following particulars— (a) the name of the licensee; (b) the location of the premises, or each of the premises, to which the licence relates; (c) the expiry date of the licence; (d) any conditions of the licence imposed under section 48(1)(b).’.

s 17 46 s 17 Gaming Machine and Other Legislation Amendment No. 8, 1999 ˙ Insertion of new s 44 17. After section 43— insert— ˙ ‘ Issue of amalgamated gaming machine licences to clubs ‘ 44.(1) This section applies if, at its commencement, a club holds more than 1 gaming machine licence, each for separate premises. ‘ (2) Within 1 month after the commencement, the chief executive must issue a single, fresh gaming machine licence (an “amalgamated licence” ) to the licensee to replace the gaming machine licences held by the licensee at the commencement (the “superseded licences” ). ‘ (3) The amalgamated licence— (a) is to relate to each of the premises that, at the commencement, were licensed premises of the licensee; and (b) for its application to particular premises—has the same effect for all purposes as the superseded licence had for the premises. ‘ (4) The amalgamated licence must be in the approved form, which must provide for the inclusion of the following particulars— (a) the name of the licensee; (b) the location of each of the premises to which the licence relates; (c) the date of issue of the licence; (d) the expiry date of the licence; (e) any conditions of the licence (other than conditions applying because of section 48(1)(a)). ‘ (5) Despite subsection (3)(b), the date to be stated in the amalgamated licence as the expiry date is the date that is the later or latest superseded expiry date. ‘ (6) A condition to be stated in the amalgamated licence must be a condition to the same effect as a condition stated in a superseded licence. ‘ (7) On the issue of the amalgamated licence to the licensee, each superseded licence held by the licensee is cancelled.

s 88 129 s 90 Gaming Machine and Other Legislation Amendment No. 8, 1999 approved for the machine by the chief executive; or (ii) if the game has been changed under this Act—the game as changed, or last changed.’. ˙ Amendment of s 141 (Possession etc. of gaming machines etc. by other persons) 88. Section 141(3)(a), ‘ or an approved financier’— omit, insert— ‘, an approved financier, a licensee or another gaming trainer’. ˙ Amendment of s 145 (Procedure for determination of tenders) 89. Section 145(1)(d)(i), ‘a natural person’— omit, insert— ‘an individual’. ˙ Replacement of s 146A (Changes to approved games) 90. Section 146A— omit, insert— ˙ ‘ Replacing approved games ‘ 146A.(1) This section applies if— (a) a licensed operator or licensee replaces, or causes to be replaced, an approved game (the “old game” ) with another approved game (the “new game” ); and (b) the percentage return to players for the new game is different from the percentage return to players for the old game. ‘ (2) The licensed operator or licensee must not replace, or cause to be replaced, the new game with another game having a different percentage return to players— (a) if paragraph (b) does not apply—within 1 month after the old

s 90 130 s 90 Gaming Machine and Other Legislation Amendment No. 8, 1999 game was replaced; or (b) if a shorter period is approved by the chief executive—within the shorter period. Maximum penalty—200 penalty units. ‘ (3) In this section— “approved game” means a game approved by the chief executive under section 146. ˙ ‘ Changes to percentage returns ‘ 146B.(1) A licensed operator or licensee may change, or cause to be changed, the percentage return to players for a game for a gaming machine on licensed premises. ‘ (2) Unless the chief executive, by written notice given to the licensed operator or licensee, approves otherwise, the change must be applied to each gaming machine that— (a) is not part of a linked jackpot arrangement; and (b) has the same game and betting unit; and (c) is installed at the licensed premises to which the change relates. ‘ (3) A person must not make, or cause to be made, a change mentioned in subsection (1) (a “return change” ) in the period prescribed under a regulation (the “restricted period” ). Maximum penalty—200 penalty units. ‘ (4) A person does not commit an offence against subsection (3) if— (a) ownership of a gaming machine mentioned in subsection (2) changes in the restricted period; and (b) a return change is made in the period but— (i) only after the change of ownership; and (ii) only once in the period.’.

s 91 131 s 91 Gaming Machine and Other Legislation Amendment No. 8, 1999 ˙ Insertion of new s 148A 91. After section 148— insert— ˙ ‘ Inducing the acquisition of gaming equipment or ancillary or related equipment ‘ 148A.(1) A person (the “offerer” ) must not offer another person (the “negotiator” ), or give to the negotiator, an inducement for the negotiator to induce a third person, who is an acquirer, to acquire equipment or a service. Maximum penalty—1 000 penalty units or 5 years imprisonment. ‘ (2) A negotiator must not accept an inducement for the acquisition by an acquirer of equipment or a service. Maximum penalty—1 000 penalty units or 5 years imprisonment. ‘ (3) A person does not commit an offence against subsection (1) or (2) if the inducement consists of only reasonable food or refreshment offered or given by the offerer, or out-of-pocket expenses reasonably incurred by the negotiator, in the course of negotiating the acquisition of the equipment or service. ‘ (4) In this section— “acquirer” means an approved financier, gaming trainer, licensed operator, licensed repairer, licensed service contractor or licensee. “equipment” means gaming equipment or ancillary or related equipment. “inducement” means a direct or indirect payment, benefit or advantage. Example of what is an “inducement”— A pre-paid holiday trip. “service” includes the provision of any of the following— • finance • adjustment, alteration, installation, maintenance or repair of gaming equipment • linked jackpots • management advice

s 92 132 s 94 Gaming Machine and Other Legislation Amendment No. 8, 1999 • marketing • training.’. ˙ Amendment of s 151 (Gaming prohibited on unprotected devices) 92.(1) Section 151(3)(a), ‘repairs’— omit, insert— ‘installation, alteration, adjustment, maintenance or repair’. (2) Section 151(3)(b)— omit, insert— ‘(b) an alteration to effect a change of game directed by the chief executive under section 55A(1). 30 ’. ˙ Amendment of s 152 (Unlawful interference with gaming equipment) 93. Section 152(2)(c)— omit, insert— ‘(c) an alteration to a gaming machine to effect a change of game directed by the chief executive under section 55A(1); or’. ˙ Amendment of s 153 (Protection of sensitive areas of gaming equipment) 94.(1) Section 153(2), from ‘subsection (1)(a)’— omit, insert— ‘subsection (1) if the licensed repairer does not, without the licensed operator’s approval— (a) break a seal securing a computer cabinet; or (b) fix a seal to a computer cabinet; or (c) remove or interfere with a mark or seal fixed to gaming 30 Section 55A (Directions to licensees about authorised gaming machines)

s 95 133 s 96 Gaming Machine and Other Legislation Amendment No. 8, 1999 equipment to preserve the integrity of the equipment’s operation; or (d) fix a mark or seal to gaming equipment to preserve the integrity of the equipment’s operation.’. (2) Section 153(5)— omit. ˙ Amendment of s 155 (Use of gaming machines not provided to licensees) 95.(1) Section 155, heading— omit, insert— ‘ Use of unauthorised gaming machines ’. (2) Section 155(1), ‘provided by the chief executive to a licensee’— omit, insert— ‘a licensee’s authorised gaming machine’. ˙ Amendment of s 158 (Accounts and analyses) 96.(1) Section 158(1), ‘must’— omit, insert— ‘must, for each of the licensee’s licensed premises,’. (2) Section 158(1), ‘on the licensee’s licensed premises’— omit, insert— ‘on the premises’. (3) Section 158(1A)— omit . (4) Section 158(2), ‘or licensed monitoring operator’— omit .

s 97 134 s 98 Gaming Machine and Other Legislation Amendment No. 8, 1999 ˙ Amendment of s 159 (Monthly gaming machine reconciliation reports to be submitted) 97.(1) Section 159, heading, ‘ to be submitted ’— omit . (2) Section 159(1)— omit, insert— ‘ 159.(1) A licensee of category 1 or 2 licensed premises must, for each of the licensee’s licensed premises— (a) by the day prescribed under a regulation for each month, prepare a monthly gaming machine reconciliation report for the premises; and (b) keep a hard copy of the report on the premises.’. ˙ Amendment of s 161 (Audit of accounts of licensee) 98. Section 161(1)(d)— omit, insert— ‘(d) a member of the National Institute of Accountants who— (i) holds a current public practice certificate issued by the institute; and (ii) has satisfactorily completed an auditing component of a course of study in accountancy at a tertiary level conducted by an institution prescribed under the CorporationsLaw, section 1280(2); 31 or ‘(e) a person approved by the chief executive as having the necessary experience or qualifications to be an accountant for this section.’. 31 Corporations Law, section 1280 (Registration of auditors)

s 99 135 s 100 Gaming Machine and Other Legislation Amendment No. 8, 1999 ˙ Omission of s 161A (Audit of accounts of licensed operators) 99. Section 161A— omit. ˙ Amendment of s 163 (Monthly taxable metered win) 100.(1) Section 163(1), after ‘each licensed premises’— omit. (2) Section 163— insert— ‘ (1A) Subject to subsection (1B) and section 175, the monthly taxable metered win of a licensed premises is taken to be, for the preceding month— (a) for category 1 licensed premises—the monthly taxable metered win of the premises; or (b) for category 2 licensed premises— (i) if the gaming machine licence for the premises is for a single premises—the monthly taxable metered win of the premises; or (ii) if the gaming machine licence for the premises is for multiple premises—the combined monthly taxable metered win for all the premises. ‘ (1B) For licensed premises mentioned in subsection (1A)(b)(ii), a gaming machine tax or penalty payable under this part is payable on the combined monthly taxable metered win for all the premises as if the multiple premises were a single premises. ‘ (3) If the electronic monitoring system malfunctions in a way that affects the assessment, the chief executive must ensure the assessment is made in another way decided by the chief executive.’.

s 101 136 Gaming Machine and Other Legislation Amendment s 102 No. 8, 1999 ˙ Amendment of s 170 (Payment of monthly fees, taxes etc.) 101.(1) Section 170(1), ‘A licensee’— omit, insert— ‘Subject to subsections (1A) and (1B) and section 163(1B), a’. (2) Section 170— insert— ‘ (1A) The chief executive may, by written notice given to a licensee, direct the licensee to pay an amount mentioned in subsection (1) by instalments. ‘ (1B) The licensee must comply with the direction. Maximum penalty—200 penalty units.’. (3) Section 170(2), ‘Payments’— omit, insert— ‘Subject to section 163(1B), payments’. ˙ Insertion of new s 170A 102. After section 170— insert— ˙ ‘ Adjustment of gaming machine tax ‘ 170A.(1) Subsection (2) applies to a licensee if the gaming machine tax payable by the licensee for a month (the “reference month” ) is a negative amount (a “tax credit” ). ‘ (2) In working out the gaming machine tax payable for the month after the reference month (the “first adjustment month” ), the tax credit for the reference month is, to the extent possible, to be set off against the gaming machine tax that, apart from this section, would be payable for the first adjustment month. ‘ (3) Subsection (4) applies if— (a) without applying subsection (2), the gaming machine tax for the first adjustment month is a negative amount; or

s 103 137 Gaming Machine and Other Legislation Amendment s 104 No. 8, 1999 (b) after applying subsection (2), part of the tax credit (the “tax credit balance’ ) for the reference month has not been set off against gaming machine tax for the first adjustment month. ‘ (4) In working out the gaming machine tax payable for the month after the first adjustment month (the “second adjustment month’ ), the tax credit, or tax credit balance, for the reference month, is, to the extent possible, to be set off against the gaming machine tax that, apart from this subsection, would be payable for the second adjustment month.’. ˙ Amendment of s 171 (Penalty for late payment) 103. Section 171(1), ‘Where’— omit, insert— ‘Subject to section 163(1B), if’. ˙ Replacement of s 173 (Statement and report by the chief executive) 104. Section 173— omit, insert— ˙ ‘ Licensed operator’s financial statement ‘ 173.(1) A licensed operator who supplies basic monitoring services for a licensee’s licensed premises must, as required under subsection (2), give the licensee a financial statement for the premises. Maximum penalty—100 penalty units. ‘ (2) The financial statement must— (a) be given to the licensee as soon as practicable after the end of the assessment period for the premises; and (b) contain, for each of the licensee’s licensed premises, the particulars the chief executive considers appropriate for the premises. ‘ (3) The chief executive may, by written notice given to a licensed operator, require the licensed operator to give the chief executive a written explanation about any matter contained in the financial statement.

s 105 138 Gaming Machine and Other Legislation Amendment s 106 No. 8, 1999 ‘ (4) The licensed operator must comply with a requirement under subsection (3), unless the operator has a reasonable excuse. Maximum penalty—100 penalty units. ‘ (5) The licensed operator must not give the chief executive an explanation the operator knows is false, misleading or incomplete in a material particular. Maximum penalty—200 penalty units. ‘ (6) Subsection (5) does not apply to a licensed operator if the operator, when giving the explanation, informs the chief executive in writing, to the best of the operator’s ability, how the explanation is false, misleading or incomplete. ‘ (7) It is enough for a complaint for an offence against subsection (5) to state that the explanation was false, misleading or incomplete to the dependant’s knowledge.’. ˙ Amendment of s 174 (Disposition of fees etc.) 105. Section 174(3), ‘section 173(1)(a)’— omit, insert— ‘section 173(1)’. ˙ Amendment of s 176 (Recovery of fees and taxes) 106.(1) Section 176(1), from ‘payable by the licensee’— omit, insert— ‘payable to the State— (a) by the licensee; or (b) if the licensee is a body corporate that holds a category 1 licence—jointly and severally, by each person who is or was a director of the body corporate when the amount becomes or became payable.’. (2) Section 176—

s 107 139 Gaming Machine and Other Legislation Amendment s 108 No. 8, 1999 insert — ‘ (1A) It is a defence in an action to recover an amount mentioned in subsection (1), that is a penalty payable under section 171, from a person mentioned in paragraph (b) of the subsection for the person to prove— (a) if the person was in a position to influence the conduct of the body corporate in relation to the matter from which the liability to pay the amount arose—the person exercised reasonable diligence to ensure the body corporate did not become liable to pay the amount; or (b) the person was not in a position to influence the conduct of the body corporate in relation to the matter.’. (3) Section 176(2), ‘under to’— omit, insert — ‘under’. ˙ Replacement of s 177 (Offences relating to revenue) 107. Section 177— omit, insert— ˙ ‘ Offences relating to revenue ‘ 177. A licensee must not wilfully evade the payment, in whole or part, of— (a) a monthly fee or gaming machine tax payable under this part; or (b) a penalty payable under section 171. Maximum penalty—400 penalty units or 2 years imprisonment.’. ˙ Omission of s 178 (Offences relating to explanations) 108. Section 178— omit.

s 109 140 Gaming Machine and Other Legislation Amendment s 112 No. 8, 1999 ˙ Amendment of s 186 (Certain persons not to play gaming machines) 109. Section 186(2)— omit, insert— ‘ (2) A person who is a licensee or gaming employee must not play gaming machines installed on the licensed premises of which the person is the licensee, or for which the person is employed to carry out gaming duties as a gaming employee— (a) during the period the person is the licensee of, or a gaming employee for, the licensed premises, except to the extent it is necessary for carrying out duties as the licensee or a gaming employee; and (b) for 30 days after the person ceases to be the licensee of, or a gaming employee for, the licensed premises. Maximum penalty—40 penalty units.’. ˙ Amendment of s 187 (Officers of division may be prohibited from playing gaming machines) 110. Section 187(1), ‘gaming machines provided to a licensee’— omit, insert— ‘authorised gaming machines of a licensee’. ˙ Amendment of s 188 (Prohibition on control of applications by clubs) 111. Section 188(a)— omit, insert— ‘(a) control over, or the ability to control, an application or the content of an application by a club under part 3, whether or not the club makes an application under the part; or’. ˙ Insertion of new s 188A 112. After section 188—

s 113 141 Gaming Machine and Other Legislation Amendment s 115 No. 8, 1999 insert— ˙ ‘ Prohibition on control of gaming at clubs ‘ 188A. A person must not have or gain control over, or the ability to control, the conduct of gaming at a club unless the person is the secretary, an executive officer or a member of the club carrying out or exercising the person’s rights as secretary, executive officer or member. Maximum penalty—200 penalty units.’. ˙ Amendment of s 189 (Restriction on certain agreements) 113. Section 189(6)— omit, insert— ‘ (6) This section does not apply to an agreement entered into between a licensee and a licensed operator for electronically monitoring the licensee’s gaming machines in conjunction with the supply of services relating to the installation or operation of a linked jackpot arrangement on the licensee’s licensed premises.’. ˙ Amendment of s 195 (Reporting of accounting discrepancies and criminal activity) 114. Section 195, ‘machine manager’— omit, insert— ‘gaming employee’. ˙ Amendment of s 196 (Cheating) 115. Section 196(3), definition “licensee” , paragraph (a), ‘machine manager’— omit, insert— ‘gaming employee’.

s 116 142 Gaming Machine and Other Legislation Amendment s 120 No. 8, 1999 ˙ Amendment of s 206 (Proceedings for offences) 116.(1) Section 206(3), (4) and (7), before ‘151(1)’— insert— ‘148A(1) or (2),’. (2) Section 206(3), (4) and (7), ‘178,’— omit. ˙ Amendment of s 212 (Disclosure of criminal history) 117. Section 212(f), from ‘40(8)’ to ‘90(2)’— omit, insert— ‘40(2), 40A(1), 60(2), 79(1A), 80(2), 90B(1)’. ˙ Amendment of s 215 (Regulation making power) 118. Section 215(2)(a)— omit, insert— ‘(a) arrangements and procedures for the taking of fingerprints of an individual who is an applicant for a gaming machine, service contractor’s, repairer’s gaming nominee’s, gaming employee’s or key monitoring employee’s licence; and’. ˙ Omission of s 217 (Approval of chief executive may be conditional) 119. Section 217— omit. ˙ Insertion of new pt 11, div 1 hdg 120. Part 11, before section 218— insert— ‘Division 1—Provisions for Gaming Machine Amendment Act 1997’.

s 121 143 Gaming Machine and Other Legislation Amendment s 122 No. 8, 1999 ˙ Amendment of s 218 (Chief executive to supply gaming machines etc. until there is a licensed operator) 121. Section 218(2), after ‘56(5)’— insert— ‘as in force at the commencement of this section’. ˙ Insertion of new pt 11, div 2 122. Part 11, after section 222— insert— ‘Division 2—Provisions for Gaming Machine and Other Legislation Amendment Act 1999 ˙ ‘ Definitions ‘ 223. In this part— “application period” means the period of 2 months starting on the commencement day. “commencement day” means the day on which the provision in which the term is used commences. “existing control system” , for an existing operator, means the system of internal controls and administrative and accounting procedures used, immediately before the commencement day, by the operator for the operator’s monitoring operations. “existing operator” means a person who— (a) immediately before the commencement day was a licensed operator; and (b) on the commencement day is a licensed operator. “part 4 licence” means any of the following licences— • repairer’s licence • service contractor’s licence

s 122 144 Gaming Machine and Other Legislation Amendment s 122 No. 8, 1999 • gaming employee’s licence • key monitoring employee’s licence. “submission period” means the period of 1 month starting on the commencement day. “unresolved nominee’s application’ , for a licensee’s licensed premises, means an application for a gaming nominee’s licence that— (a) is made (whether under section 76E or 77) in the application period; and (b) is made by a person who, for the application, is nominated by the licensee to be the licensee’s nominee for the premises; and (c) is not decided before the end of the application period. ˙ ‘ Term of gaming machine licences ‘ 224.(1) Section 47, as amended by the Gaming Machine and Other Legislation Amendment Act 1999 , applies only to a gaming machine licence issued on or after the commencement day. ‘ (2) Section 47, as in force immediately before the commencement day, continues to apply to a gaming machine licence issued before, and in force on, the commencement day. ˙ ‘ Approved control systems for existing operators ‘ 225. An existing operator’s existing control system is, with any necessary modifications, taken to be the operator’s approved control system until— (a) if paragraph (b) does not apply—the end of the submission period; or (b) if, during the submission period, the existing operator makes a control system submission to the chief executive—the chief executive makes a decision under section 72ZZD 32 approving, or 32 Section 72ZZD (Dealing with submissions)

s 122 145 Gaming Machine and Other Legislation Amendment s 122 No. 8, 1999 refusing to approve, the control system to which the submission relates. ˙ ‘ Nominees of licensees ‘ 226. Section 76D 33 does not apply to a licensee for licensed premises of the licensee— (a) until the end of the application period; or (b) if, at the end of the application period, there is an unresolved nominee’s application for the premises—until the application is decided. ˙ ‘ Application for gaming nominees’ licences ‘ 227.(1) This section applies if, in the application period, an application for a gaming nominee’s licence is made by a licensed gaming employee under section 76E. 34 ‘ (2) The application is taken to be accompanied by the prescribed fee for the application if it is accompanied by a fee for an amount equal to the prescribed fee less the discount amount. ‘ (3) In this section— “discount amount” means the amount calculated using the formula— M x PF 60 where— “M” means the number of whole months remaining in the unexpired period of the applicant’s gaming employee’s licence; “PF” means the prescribed fee. 33 Section 76D (Nominees of licensees) 34 Section 76E (Application for gaming nominee’s licence by licensed gaming employee)

s 122 146 Gaming Machine and Other Legislation Amendment s 122 No. 8, 1999 ˙ ‘ Applications for machine managers’ licences ‘ 228.(1) This section applies if an application for a machine manager’s licence was made, but not decided or withdrawn, before the commencement day. ‘ (2) The application is taken to be an application for a gaming employee’s licence. ˙ ‘ Machine managers’ licences ‘ 229. A machine manager’s licence in force immediately before the commencement day is taken to be a gaming employee’s licence until— (a) the term for which the licence was issued, or renewed or last renewed, expires; or (b) the licence otherwise ceases to be in force. ˙ ‘ Licensed machine managers ‘ 230. A person who, immediately before the commencement day, was a licensed machine manager is taken to be a licensed gaming employee until— (a) the term for which the person’s licence was issued, or renewed or last renewed, expires; or (b) the person’s licence otherwise ceases to be in force. ˙ ‘ Term of part 4 licences ‘ 231.(1) Section 83, as amended by the Gaming Machine and Other Legislation Amendment Act 1999 , applies only to a part 4 licence issued on or after the commencement day. ‘ (2) Section 83, as in force immediately before the commencement day, continues to apply to a part 4 licence issued before, and in force on, the commencement day.

s 123 147 Gaming Machine and Other Legislation Amendment s 123 No. 8, 1999 ˙ ‘ Continuation of certain agreements for stated period ‘ 232.(1) This section applies despite the amendment of section 189(6) by the GamingMachineandOtherLegislationAmendmentAct1999 , section 113 (the “amending provision” ). ‘ (2) Section 189(6), as in force immediately before the commencement of the amending provision, continues to apply to an agreement of a kind mentioned in the subsection if— (a) the agreement was entered into before 20 November 1998; and (b) the person with whom the licensed operator entered into the agreement is, and, at the time the agreement was entered into, was, a licensee; and (c) the premises to which the agreement relates are, and, at the time the agreement was entered into, were, licensed premises of the licensee. ‘ (3) However, subsection (2) applies only for— (a) if the agreement’s initial term is not longer than 5 years—the agreement’s initial term; or (b) if the agreement’s initial term is longer than 5 years—the period of 5 years starting on the day the agreement’s initial term started. ‘ (4) Also, subsection (2) applies to the agreement only for the licensed premises to which the agreement related at the time the agreement was entered into.’. PART 3—AMENDMENT OF CASINO CONTROL ACT 1982 ˙ Act amended in pt 3 123. This part amends the Casino Control Act 1982 .

s 124 148 Gaming Machine and Other Legislation Amendment s 124 No. 8, 1999 ˙ Insertion of new s 71A 124. After section 71— insert— ˙ ‘ Unclaimed winnings and prizes ‘ 71A.(1) If a non-monetary prize for a game conducted in a casino is not collected within 3 months after the game is conducted, the casino operator may— (a) dispose of the prize by public auction or tender or in some other way approved by the chief executive; and (b) pay for the disposal from the proceeds of sale. ‘ (2) Also, the casino operator must deal with any amount remaining from the proceeds of sale as required by this section. Maximum penalty—100 penalty units. ‘ (3) If an amount for winnings for a game conducted in a casino is not paid within 3 months after the game is conducted, the casino operator must, within 14 days after the end of the 3 months, deal with the amount as required by this section. Maximum penalty—100 penalty units. ‘ (4) The casino operator must, for an amount mentioned in subsection (2) or (3)— (a) if the casino operator knows who is entitled to receive the amount and the person has a current deposit advance account with the casino operator—pay the amount into the account; or (b) if the casino operator knows who is entitled to receive the amount and the person’s whereabouts, and the person does not have a current deposit advance account with the casino operator—pay the amount to the person; or (c) if the casino operator knows who is entitled to receive the amount, but the casino operator does not know the person’s whereabouts and the person does not have a current deposit advance account with the casino operator—pay the amount into the designated departmental account; or

s 125 149 Gaming Machine and Other Legislation Amendment s 128 No. 8, 1999 (d) if the casino operator does not know who is entitled to receive the amount—pay the amount into the designated departmental account. ‘ (5) In this section— “designated departmental account” means an account at the department designated under a regulation as the account to which payments are to be made under subsection (4)(c) or (d).’. PART 4—AMENDMENT OF INTERACTIVE GAMBLING (PLAYER PROTECTION) ACT 1998 ˙ Act amended in pt 4 125. This part amends the Interactive Gambling (Player Protection) Act1998. ˙ Amendment of s 135 (Inactive players accounts) 126. Section 135, after ‘players account’— insert— ‘with a licensed provider’. ˙ Amendment of s 137 (Prohibition of interactive gambling) 127. Section 137(8), ‘(1)(a)’— omit, insert— ‘(1)(b)’. ˙ Amendment of s 162 (Approval of regulated interactive gambling equipment) 128.(1) Section 162(1), ‘A licensed provider’—

s 129 150 Gaming Machine and Other Legislation Amendment s 130 No. 8, 1999 omit, insert— ‘A person’. (2) Section 162(1), ‘the licensed provider’— omit, insert— ‘a licensed provider’. (3) Section 162(4), ‘licensed provider’— omit, insert— ‘person’. (4) Section 162— insert— ‘ (4A) The chief executive may impose conditions on the approval.’. PART 5—AMENDMENT OF KENO ACT 1996 ˙ Act amended in pt 5 129. This part amends the Keno Act 1996 . ˙ Amendment of s 148 (Extending credit) 130.(1) Section 148, ‘a person’— omit, insert— ‘any person, including the operator,’. (2) Section 148— insert— ‘ (2) An employee of an authorised keno operator must not, in the course of the employee’s employment, make a loan or extend credit in any form to any person, including the employee, to enable the person or another person to take part in an approved keno game.

s 131 151 Gaming Machine and Other Legislation Amendment s 131 No. 8, 1999 Maximum penalty—200 penalty units or 2 years imprisonment. ‘ (3) An authorised keno operator must refuse to pay a prize for an approved keno game if the operator reasonably believes that the prize was obtained because of a contravention of subsection (1) or (2). ‘ (4) In this section— “employee” , of an authorised keno operator, means a person employed or engaged by the operator (whether or not for fee or reward) in functions relating to the conduct of keno gaming.’. ˙ Replacement of s 152 (Claims for payment) 131. Section 152— omit, insert— ˙ ‘ Claims for payment ‘ 152.(1) If a claim for payment of a prize for an approved keno game is made to an authorised keno operator, the operator must immediately try to resolve the claim. ‘ (2) If the authorised keno operator reasonably believes the prize was obtained because of a contravention of section 148(1) or (2), the operator must resolve the claim by refusing to pay the prize. ‘ (3) If the authorised keno operator resolves the claim in the way mentioned in subsection (2), or is not able to resolve the claim, the operator must immediately give the claimant a written notice (a “claim result notice” ) stating— (a) the decision; and (b) that the claimant may, within 10 days after receiving the notice, ask the chief executive to review the decision. ‘ (4) If the claim is resolved in the way mentioned in subsection (2), or is not resolved, the claimant may ask the chief executive— (a) if the claimant did not receive a claim result notice—to resolve the claim; or (b) if the claimant received a claim result notice—to review the

s 132 152 Gaming Machine and Other Legislation Amendment s 133 No. 8, 1999 decision of the authorised keno operator. ‘ (5) A request to the chief executive under subsection (4)— (a) must be in the approved form; and (b) if the claimant received a claim result notice—must be made within 10 days after receiving the notice. ‘ (6) The chief executive must deal with a request under subsection (4) in the way prescribed under a regulation.’. ˙ Insertion of new s 159A 132. After section 159— insert— ˙ ‘ Keno gaming by keno agent or keno agent’s employees ‘159A.(1) A keno agent or an employee of the agent must not take part in keno gaming at a place where the keno agent conducts keno gaming. Maximum penalty—40 penalty units. ‘ (2) A person is not eligible to win a prize for an approved keno game if the person takes part in the game in contravention of subsection (1). ‘ (3) In this section— “employee” , of a keno agent, means a person employed or engaged by the agent (whether or not for fee or reward) in functions relating to the conduct of keno gaming.’. PART 6—AMENDMENT OF LOTTERIES ACT 1997 ˙ Act amended in pt 6 133. This part amends the Lotteries Act 1997 .

s 134 153 Gaming Machine and Other Legislation Amendment s 136 No. 8, 1999 ˙ Insertion of new s 132A 134. After section 132— insert— ˙ ‘ Relationship of provisions about unclaimed prizes with PublicTrustee Act ‘ 132A. Sections 131 and 132 have effect despite the Public Trustee Act1978 , part 8. 35 ’. PART 7—AMENDMENT OF WAGERING ACT 1998 ˙ Act amended in pt 7 135. This part amends the Wagering Act 1998 . ˙ Amendment of s 213 (Claims for payment of winning bets) 136. Section 213— insert— ‘ (3) This section has effect despite the PublicTrusteeAct1978 , part 8. 36 ’. © State of Queensland 1999 35 Public Trustee Act 1978 , part 8 (Unclaimed property) 36 Public Trustee Act 1978 , part 8