Gaming Machine (Cash Facilities) Amendment Act 2017 (ACT)

Gaming Machine (Cash Facilities) Amendment Act 2017

A2017-25

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Gaming Machine Act 2004

4            Cash facilitiesSection 153 (4)  3

5            Offence—ATM allowing withdrawals exceeding $250Section 153A (2) (b) and (c)  3

6            Regulation-making powerNew section 178 (2) (c)  3

7           Dictionary, new definition of cash facility  3

Part 3Gaming Machine Regulation 2004

8            New part 8A  4

9            Dictionary, note 3  5

Gaming Machine (Cash Facilities) Amendment Act 2017

A2017-25

An Act to amend the Gaming Machine Act 2004, and for other purposes

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

Part 1Preliminary

1. Name of Act

   This Act is the Gaming Machine (Cash Facilities) Amendment Act 2017.

2. Commencement

   This Act commences on 1 September 2017.

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

3. Legislation amended

   This Act amends the Gaming Machine Act 2004 and the Gaming Machine Regulation 2004.

Part 2Gaming Machine Act 2004

1. Cash facilities
   Section 153 (4)

   omit

2. Offence—ATM allowing withdrawals exceeding $250
   Section 153A (2) (b) and (c)

   substitute

   (b)authorised premises if the authorisation certificate for the premises authorises the operation of not more than 20 gaming machines at the premises.

3. Regulation-making power
   New section 178 (2) (c)

   insert

   (c)the operation (including the restriction of the operation) of a cash facility at authorised premises.

4. Dictionary, new definition of cash facility

   insert

   cash facility—

   (a)means—

   (i)an automatic teller machine; or

   (ii)an EFTPOS facility; or

   (iii)any other facility for gaining access to cash or credit; but

   (b)does not include a facility where cash is exchanged for other denominations of cash, tokens, tickets or cards for the purpose of playing machines.

Part 3Gaming Machine Regulation 2004

1. New part 8A

   insert

Part 8ARestrictions on cash facilities—Act, s 178 (2) (c)

NoteFor other restrictions on cash facilities, see the Act, s 153 and s 153A.

62ALimits on EFTPOS facility at authorised premises

(1)This section applies to authorised premises if the authorisation certificate for the premises authorises the operation of more than 20 gaming machines at the premises.

(2)A licensee must have not more than 1 EFTPOS facility that allows a person to withdraw cash at the licensee’s authorised premises.

Maximum penalty:  10 penalty units.

(3)A person may only withdraw cash from an EFTPOS facility at authorised premises if—

(a)the cash withdrawal does not exceed $200; and

(b)the person operating the EFTPOS facility is a trained staff member of the premises; and

(c)the trained staff member confirms the amount of cash to be withdrawn with the person making the withdrawal before the cash is withdrawn; and

(d)the trained staff member hands the cash withdrawn directly to the person making the withdrawal.

(4)A licensee commits an offence if—

(a)a person withdraws cash from an EFTPOS facility at the licensee’s authorised premises; and

(b)a requirement for withdrawing cash mentioned in subsection (3) is contravened.

Maximum penalty:  10 penalty units.

(5)An offence against this section is a strict liability offence.

(6)In this section:

approved training program means a training program about the responsible provision of gambling services approved under the Gambling and Racing Control (Code of Practice) Regulation 2002, section 9.

trained staff member, of authorised premises, means a staff member of the premises who has successfully completed an approved training program within the previous 3 years.

1. Dictionary, note 3

   insert

   ·     cash facility

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 3 August 2017.

2. Notification

   Notified under the Legislation Act on 31 August 2017.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Gaming Machine (Cash Facilities) Amendment Bill 2017, which was passed by the Legislative Assembly on 22 August 2017.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2017