Gaming (Miscellaneous Amendments) Act 2013 (TAS)

Gaming (Miscellaneous Amendments) Act 2013

An Act to amend the Gaming Control Act 1993 and the TT-Line Gaming Act 1993 and the Gaming Control Regulations 2004

[Royal Assent 20 June 2013]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Gaming (Miscellaneous Amendments) Act 2013 . 2Commencement (1)  Except as provided in this section, this Act commences on the day on which this Act receives the Royal Assent. (2)  Part 3 is taken to have commenced on 6 February 2006. PART 2Gaming Control Act 1993 Amended3Principal ActIn this Part, the Gaming Control Act 1993 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by omitting "endorsement; and" from paragraph (dc) of the definition of gaming endorsement and substituting "endorsement;"; (b) by omitting paragraph (e) from the definition of gaming endorsement ; (c) by omitting the definitions of prescribed endorsement and prescribed event . 5Section 15 amended (Commission to define casino and gaming operator premises) Section 15 of the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (1) : (1A)  The boundaries of a gaming operator’s premises are to be defined by being specified in the conditions of the gaming operator’s licence. (b) by inserting in subsection (2) “or a gaming operator’s premises” after "a casino"; (c) by inserting in subsection (2) "or gaming operator" after "operator"; (d) by inserting in subsection (3) “or a gaming operator’s premises” after "casino"; (e) by inserting in subsection (4) “or a gaming operator’s premises” after "a casino"; (f) by inserting in subsection (4) "or the gaming operator" after "operator". 6Section 38 amended (Matters to be considered in determining application) Section 38(2) of the Principal Act is amended by inserting after paragraph (b) the following paragraph: (ba) the applicant has a legal right to occupy the premises which are the subject of the application; and 7Section 44 amended (Amendment of licensed premises gaming licence and conditions) Section 44 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "The conditions of a licensed premises gaming licence" and substituting "A licensed premises gaming licence and its conditions"; (b) by omitting from subsection (3) "a condition of"; (c) by inserting the following subsections after subsection (7) : (8)  Where an amendment is proposed by the licensee, the proposal is to be accompanied by the prescribed fee. (9)  The Commission, in its discretion, may waive all or part of the prescribed fee. (10)  Where an amendment is proposed by the licensee – (a) the Commission may undertake such investigations as it considers appropriate; and (b) the Commission, by written notice to the licensee, may require the licensee to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application if those costs exceed the prescribed fee. 8Sections 75B and 75C insertedAfter section 75A of the Principal Act , the following sections are inserted in Division 5: 75BExpiry and renewal of listing on Roll (1)  A listing on the Roll expires 5 years after it is made unless sooner removed under section 75A . (2)  A listing on the Roll that was in force immediately before the commencement of all of the provisions of the Gaming (Miscellaneous Amendments) Act 2013 expires, unless sooner removed under section 75A , 5 years after that commencement. (3)  A person who is listed on the Roll may, within the period of 90 days before the expiration of the current listing or such longer period as is determined by the Commission, apply to the Commission for the renewal of the listing. (4)  An application for renewal must – (a) be in a form approved by the Commission; and (b) contain any information and be accompanied by any documents the Commission requires; and (c) be accompanied by the prescribed fee. (5)  On receipt of an application for renewal, the Commission may undertake the investigations it considers appropriate. (6)  The Commission may require an applicant to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application. (7)  A requirement under subsection (6) must be made in writing provided to the applicant. (8)  If an application for renewal of a listing on the Roll is made under this section, the current listing continues in force until it is renewed or its renewal is refused. (9)  The renewal of a listing takes effect from the day on which the current listing was due to expire. (10)  The Commission must make a determination on an application for renewal of a listing in accordance with section 74 as if the application for renewal were an application for listing on the Roll. (11)  If the Commission refuses to renew a listing, the listing ceases to have effect on the day specified in the refusal. 75CVariation of listing on Roll (1)  The Commission may vary a listing on the Roll, or the conditions on such a listing, at any time. (2)  The variation may be effected – (a) on the Commission’s own motion, by notice to the person listed on the Roll; or (b) consequent on an application made by the person listed. (3)  An application for variation must – (a) be in a form approved by the Commission; and (b) specify the variation sought; and (c) contain any information and be accompanied by any documents the Commission requires; and (d) be accompanied by the prescribed fee. (4)  The Commission, in its discretion, may waive all or part of the prescribed fee. (5)  In the case of an application for variation – (a) the Commission may undertake such investigations as it considers appropriate; and (b) the Commission, by written notice to the person listed on the Roll, may require the person to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application if those costs exceed the prescribed fee. (6)  In the case of an application for variation, the Commission may – (a) approve the application (with or without modification); or (b) refuse the application. 9Section 76W repealed Section 76W of the Principal Act is repealed. 10Section 76Y amended (When Tasmanian gaming licence and gaming endorsement take effect) Section 76Y of the Principal Act is amended by inserting after subsection (3) the following subsection: (4)  Where a Tasmanian gaming licence or gaming endorsement does not take effect within 12 months of being granted, the licence or gaming endorsement expires, unless the Commission determines otherwise. 11Section 76ZX amended (Restrictions on conduct of gaming activity) Section 76ZX of the Principal Act is amended as follows: (a) by omitting from subsection (2) "a gaming activity" and substituting "wagering or gaming"; (b) by inserting in subsection (2) "or gaming activity" after "a game"; (c) by omitting paragraph (a) from subsection (2) and substituting the following paragraph: (a) the game or gaming activity is approved and conducted at or from an approved location or approved outlet; and (d) by inserting the following penalty after subsection (3) :

Penalty:  Fine not exceeding 1 000 penalty units.

12Section 76ZZC amended (Prohibition on licensed technician and special employee wagering) Section 76ZZC of the Principal Act is amended as follows: (a) by inserting in subsection (1) "licensed technician or" after "A"; (b) by inserting in subsection (1) "technician or" after "such"; (c) by inserting in subsection (1) “technician’s or” after "by the"; (d) by inserting in subsection (2) "licensed technician or" after "a". 13Section 76ZZE insertedAfter section 76ZZD of the Principal Act , the following section is inserted in Division 11: 76ZZEInstallation and storage of gaming equipment by licensed provider (1)  A licensed provider who obtains gaming equipment or provides gaming equipment to an agency of a licensed provider – (a) must install the equipment, or cause it to be installed, in an approved location or approved outlet; and (b) must cause any gaming equipment not so installed to be stored in a room approved by the Commission and secured in the manner approved by the Commission. (2)  A licensed provider must not allow any person to use gaming equipment for the conduct of a gaming activity that is not installed as required by this section.

Penalty:  Fine not exceeding 1 000 penalty units.

14Section 76ZZGA insertedAfter section 76ZZG of the Principal Act , the following section is inserted in Division 11: 76ZZGAAmendment of approval of gaming equipment The Commission may amend the approval of gaming equipment, or gaming equipment of a class, approved under section 76ZZG , by written notice sent to the operator of that equipment or class of equipment. 15Section 77B amended (Application for foreign games permit) Section 77B(2) of the Principal Act is amended by omitting paragraph (d) and substituting the following paragraph: (d) be accompanied by the prescribed fee. 16Section 77O substituted Section 77O of the Principal Act is repealed and the following section is substituted: 77OVariation of foreign games permit and conditions (1)  The Commission may vary a foreign games permit, and its conditions, at any time. (2)  The variation may be effected – (a) on the Commission’s own motion, by notice to the foreign games permit holder; or (b) consequent on an application made by the foreign games permit holder. (3)  An application for variation must – (a) be in a form approved by the Commission; and (b) specify the variation sought; and (c) contain any information, and be accompanied by any documents, the Commission requires; and (d) be accompanied by the prescribed fee. (4)  The Commission, in its discretion, may waive all or part of the prescribed fee. (5)  In the case of an application for variation – (a) the Commission may undertake such investigations as it considers appropriate; and (b) the Commission, by written notice to the foreign games permit holder, may require the holder to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application if those costs exceed the prescribed fee. (6)  In the case of an application for variation, the Commission may – (a) approve the application (with or without modification); or (b) refuse the application. 17Section 77P amended (Renewal of foreign games permit) Section 77P(2) of the Principal Act is amended by omitting paragraph (c) and substituting the following paragraph: (c) be accompanied by the prescribed fee. 18Section 94 amended (Credit, &c.) Section 94 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "play a game or a gaming machine" and substituting "participate in a game, gaming or a gaming activity"; (b) by inserting the following subsection after subsection (4) : (5)  In this section – approved venue includes approved location and approved outlet. 19Section 145 amended (Other returns by gaming operators) Section 145(2)(a) of the Principal Act is amended by omitting " section 10 of the Liquor and Accommodation Act 1990 " and substituting "section 10 of the Liquor Licensing Act 1990 ". 20Section 148 amended (Licensed premises gaming licence fee) Section 148 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "a licence fee" and substituting "the prescribed annual licence fee"; (b) by omitting subsection (2) . 21Section 148A amended (Annual Tasmanian gaming licence fee) Section 148A of the Principal Act is amended as follows: (a) by omitting paragraph (e) from subsection (2) ; (b) by omitting from subsection (2)(g) ", (dc) and (e) " and substituting "and (dc) "; (c) by omitting from subsection (6) "or subsection (2)(g) "; (d) by inserting the following subsection after subsection (6) : (6A)  Where the holder of a betting exchange endorsement on a licence referred to in subsection (6) also holds any other endorsements referred to in subsection (2) , the maximum annual licence fee payable in respect of those other endorsements is a total of 150 000 fee units. 22Section 151 amended (Community support levy) Section 151 of the Principal Act is amended as follows: (a) by omitting from subsection (4) "Treasurer" and substituting "Minister"; (b) by omitting from subsection (5) "Treasurer" and substituting "Minister"; (c) by omitting "section 150A(7A)(b)" from the definition of Tasmanian commission in subsection (6) and substituting " section 150A(7A) ". 23Section 153A amended (Gaming and wagering guarantee) Section 153A(1) of the Principal Act is amended by omitting paragraphs (c) and (d) from the definition of guaranteeable endorsement and substituting: (c) both such endorsements. 24Section 159 amended (Conflict of interest and duty) Section 159(3) of the Principal Act is amended by omitting "An authorized person who ceases to be a State Service officer or State Service employee after the commencement of this Act" and substituting "A person who ceases to be an authorized person". 25Section 174 amended (Regulations) Section 174(2) of the Principal Act is amended by omitting paragraph (r) . PART 3Gaming Control Act 1993 Further Amended26Principal ActIn this Part, the Gaming Control Act 1993 is referred to as the Principal Act. 27Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by inserting ", or a gaming activity," after "gaming" in paragraph (a) of the definition of prescribed duties in subsection (1) ; (b) by omitting from subsection (2) "conduct of gaming" and substituting "conduct of gaming or a gaming activity"; (c) by inserting in subsection (2)(a) "or a gaming activity" after "gaming"; (d) by inserting in subsection (2)(d) "or a gaming activity" after "gaming"; (e) by inserting in subsection (2)(e) "or a gaming activity" after "gaming"; (f) by omitting from subsection (2)(f) "games of keno" and substituting "gaming or a gaming activity". PART 4TT-Line Gaming Act 1993 Amended28Principal ActIn this Part, the TT-Line Gaming Act 1993 is referred to as the Principal Act. 29Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting the definition of Director ; (b) by omitting "money." from the definition of token and substituting "money;"; (c) by inserting the following definition after the definition of token : Victorian Commission means the Victorian Commission for Gambling Regulation. 30Section 16 amended (Application of certain provisions of Gaming Control Act 1993 ) Section 16(1) of the Principal Act is amended by omitting " Divisions 1 , 3 , 4 and 5 of Part 4 , Parts 5 (other than section 79(4) , (5) and (7) and sections 91 , 92 and 96 ), 6 and 7 , Division 1 of Part 9 (other than section 136 ) and Part 10 (other than sections 161 , 173 , 174 , 175 , 176 , 177 , 178 and 179 )" and substituting " Divisions 1 , 3 , 4 and 5 of Part 4 , Part 5 (other than section 79(4) , (5) and (7) and section 96), Part 6 , Part 7, Part 8, Divisions 1 and 4 of Part 9 (other than section 136 ) and Part 10 (other than sections 161 , 173 , 174 , 175 , 178 and 179 )". 31Section 19 amended (Exclusion order not to apply to master, &c.) Section 19 of the Principal Act is amended by omitting " Section 105 of the Gaming Control Act 1993 " and substituting "Division 3 of Part 5 of the Gaming Control Act 1993 ". 32Section 19A amended (Powers of Victorian Commission) Section 19A of the Principal Act is amended as follows: (a) by omitting from subsection (1) "Director" and substituting "Victorian Commission"; (b) by omitting from subsection (2) "Director" and substituting "Victorian Commission"; (c) by omitting from subsection (2)(a) "Commission" and substituting "Tasmanian Gaming Commission"; (d) by omitting from subsection (3) "Commission" and substituting "Tasmanian Gaming Commission"; (e) by omitting from subsection (4) "Director" first occurring and substituting "Victorian Commission"; (f) by omitting from subsection (4) "Director" second occurring and substituting "Victorian Commission". PART 5Gaming Control Regulations 2004 Amended33Principal RegulationsIn this Part, the Gaming Control Regulations 2004 are referred to as the Principal Regulations. 34Schedule 1 amended (Fees) Schedule 1 to the Principal Regulations is amended as follows: (a) by inserting “or gaming operator’s premises” after "casino" in column 2 of item 1 in the table ; (b) by omitting "the conditions of" from column 2 of item 6 in the table ; (c) by inserting after item 13 the following:

14.	Renewal of listing on the Roll under section 75B of the Act	500
14A.	Variation of listing on the Roll under section 75C of the Act	100

(d) by inserting after item 16 the following:

16A.  Licensed premises gaming licence annual fee 700 plus 70 fee units for each machine permitted under the licence in excess of 10

(e) by inserting after paragraph (b) in item 18 the following:

19.	Application for foreign games permit under section 77B of the Act	1 000
20.	Variation of foreign games permit under section 77O of the Act	100
21.	Application for renewal of foreign games permit under section 77P of the Act	1 000

PART 6Repeal of Act35Repeal of ActThis Act is repealed on the three hundred and sixty fifth day from the day on which all of the provisions of this Act commence.

[Second reading presentation speech made in:

House of Assembly on 11 APRIL 2013

Legislative Council on 30 MAY 2013]