Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 (Qld)

Queensland Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Act No. 25 of 2013

Queensland Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of Body Corporate and CommunityManagement Act 1997 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 47B (Adjustment of contribution schedule for particular schemes by order of specialist adjudicator or QCAT). . 15 Amendment of s 51 (Limited adjustment of lot entitlement schedule—after formal acquisition of part of scheme land) . . . . . 16 Amendment of s 51A (Limited adjustment of lot entitlement schedule for specified two-lot scheme—after formal acquisition of part of scheme land) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Amendment s 54 (Subsequent community management statement) 24 Amendment of s 63 (Responsibility for preparing, and for costs of preparing, new statement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Amendment of s 65 (Time for lodging request to record new statement) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Insertion of new ch 8, pt 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Part 11 Transitional provisions for LiquorandGaming(RedTapeReduction)andOtherLegislationAmendmentAct2013 Division 1 Preliminary 427 Definitions for pt 11. . . . . . . . . . . . . . . . . . . . . . . . . . . 25 428 References to ss 51 and 51A . . . . . . . . . . . . . . . . . . . 26 Division 2 Formal acquisitions happening before commencement if advice given under former section 51 or 51A

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Contents 11 Part 3 12 13 14 15 16 17 18 19 20 21 22 23 24 Part 4 25 429 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 430 Process if body corporate consented to new community management statement . . . . . . . . . . . . . . 431 Process if body corporate has decided lot entitlement schedule changes but has not consented to new community management statement . . . . . . . . . . . . . . 432 Process if body corporate has not decided lot entitlement schedule changes . . . . . . . . . . . . . . . . . . 433 Body corporate may ask constructing authority to provide lot entitlement adjustment advice . . . . . . . . . 434 Application of ss 63 and 65 . . . . . . . . . . . . . . . . . . . . Division 3 Formal acquisitions happening before commencement if advice not given under former section 51 or 51A 435 New s 51 or 51A applies to formal acquisition . . . . . . Amendment of sch 6 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of CasinoControlAct1982 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 51A (Application of casino tax) . . . . . . . . . . . . . . . Amendment of s 52 (Casino community benefit fund) . . . . . . . . . Amendment of s 62 (Gaming equipment and chips) . . . . . . . . . . Amendment of s 65 (Obligation of casino operator in relation to conduct of games) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 71A (Unclaimed winnings and prizes) . . . . . . . . Amendment of s 72 (Training courses for employees) . . . . . . . . . Amendment of s 74 (Control system submission) . . . . . . . . . . . . Amendment of s 75 (Control system (change) submission). . . . . Amendment of s 96 (Duration of direction under s 92 or 94) . . . . Amendment of s 127 (Regulation-making power) . . . . . . . . . . . . Insertion of new pt 11, div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 8 Transitional provisions for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 148 Continuation of offence under s 72(2) . . . . . . . . . . . . 149 Existing unclaimed winnings . . . . . . . . . . . . . . . . . . . Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . Amendment of CivilProceedingsAct2011 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 27 28 30 31 32 33 33 33 34 34 34 35 35 35 36 37 37 37 37 38 38 38 40 Page 2 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Contents 26 27 28 Part 5 29 30 31 32 Part 6 33 34 35 36 37 38 39 40 41 Amendment of pt 15, hdg (Transitional provisions for CivilProceedings Act 2011) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Insertion of new pt 15, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . 40 Insertion of new pt 15, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Division 2 Saving provision relating to section 109 110 Saving of operation of transitional regulation . . . . . . . 40 Amendment of Credit(CommonwealthPowers)Act2010 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Amendment of pt 4, div 4, hdg (General provisions) . . . . . . . . . . 41 Insertion of new pt 4, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Division 5 Saving provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 27A Saving of repealed pt 6 for existing credit contracts . . 41 Omission of pt 6 (Maximum annual percentage rate for credit contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Amendment of FuneralBenefitBusinessAct1982 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 Amendment of s 9 (Funeral Benefit Trust Fund and its trustees) . 42 Omission of s 10 (Trustees are statutory body) . . . . . . . . . . . . . . 43 Amendment of s 15 (Payment of moneys into the fund). . . . . . . . 43 Amendment of s 16 (Payments from the fund in respect of benefits) 43 Amendment of s 18 (Payments from the fund in special circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Amendment of s 22 (Where assets more than sufficient to meet liabilities). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 Amendment of s 88 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . 44 88 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . 45 Insertion of new pt 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Part 9 Transitional provisions for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 90 Definitions for pt 9. . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 91 Abolition of the board . . . . . . . . . . . . . . . . . . . . . . . . . 46 92 Legal successor of the board . . . . . . . . . . . . . . . . . . . 46 93 Claim given to board to be dealt with by registrar . . . 46 94 References to the board . . . . . . . . . . . . . . . . . . . . . . . 46 95 Proceeding not yet started by or against the board . . 47 2013 Act No. 25 Page 3

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Contents Part 7 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 96 Other things done by board . . . . . . . . . . . . . . . . . . . . 47 Amendment of Gaming Machine Act 1991 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Amendment of s 3 (Meaning of conduct of gaming). . . . . . . . . . . 47 Amendment of s 29 (Who may apply for a review by tribunal) . . . 48 Amendment of s 50 (Delegations) . . . . . . . . . . . . . . . . . . . . . . . . 48 Amendment of s 53 (Criminal history reports) . . . . . . . . . . . . . . . 48 Amendment of s 55A (Applications of significant community impact) 48 Amendment of s 55C (Advertisement of application of significant community impact) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Amendment of s 56 (Application for gaming machine licences). . 49 Amendment of s 67 (Changes in circumstances of category 2 licensees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 Amendment of s 68 (Issue of gaming machine licences generally) 49 Amendment of s 69 (Issue of amalgamated gaming machine licences to clubs) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Amendment of s 71A (Replacement of gaming machine licence for particular changes). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Omission of s 72 (Term of gaming machine licences) . . . . . . . . . 51 Omission of s 76 (Renewal and continuance of gaming machine licences) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 Omission of s 80A (When gaming machine licence lapses and number of approved gaming machines changes) . . . . . . . . . . . . 51 Omission of s 85AA (When approval lapses and number of additional gaming machines changes) . . . . . . . . . . . . . . . . . . . . . 51 Amendment of s 87 (Decision on decrease proposal) . . . . . . . . . 51 Amendment of s 90 (Surrender or disposal of gaming machines on approval of decrease). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Amendment of s 91A (Ceasing gaming at licensed premises). . . 52 Amendment of s 92 (Disclosure of influential or benefiting parties) 52 Replacement of s 94 (Cessation or commencement of executive officer or secretary) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 94 Change to secretary or executive officer of body corporate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Amendment of s 95 (Surrender of gaming machine licences) . . . 54 Amendment of s 97 (Cancellation or suspension of gaming machine licences and letters of censure) . . . . . . . . . . . . . . . . . . . 54 Amendment of s 103 (Amounts payable under gaming machine licence that ceases to have effect) . . . . . . . . . . . . . . . . . . . . . . . . 54 Page 4 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Contents 66 Amendment of s 104 (Disposal of gaming machines on cancellation or non-renewal of gaming machine licence). . . . . . . 55 67 Amendment of s 109D (Dealing with amounts received on sale of operating authorities of the State) . . . . . . . . . . . . . . . . . . . . . . . . 55 68 Amendment of s 109E (Dealing with amounts received on sale of licensee’s operating authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 69 Amendment of s 109F (When operating authorities become operating authorities of the State) . . . . . . . . . . . . . . . . . . . . . . . . 56 70 Amendment of s 109L (Definitions for div 2) . . . . . . . . . . . . . . . . 56 71 Amendment of s 109ZA (When entitlement becomes entitlement of the State) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 72 Amendment of s 109ZE (Dealing with amount received on sale of entitlement of the State) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 73 Amendment of s 109ZH (Decrease in, or end of, temporary transfer of entitlements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 74 Amendment of s 163 (Approved control system for supply operations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 75 Replacement of ss 164–167. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58 164 Requirements for control system . . . . . . . . . . . . . . . . 58 165 Commissioner may give direction about content of control system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 76 Amendment of s 185 (Meaning of key monitoring employee) . . . 59 77 Amendment of s 214A (Grounds). . . . . . . . . . . . . . . . . . . . . . . . . 59 78 Amendment of s 240 (Gaming tokens that are not Australian currency) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 79 Amendment of s 242A (Unclaimed payments) . . . . . . . . . . . . . . . 60 80 Amendment of s 250 (Defective gaming system components not allowed) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 81 Amendment of s 265 (Manufacture, sale, supply, obtaining or possession of gaming machines) . . . . . . . . . . . . . . . . . . . . . . . . . 60 82 Amendment of s 271 (Possession etc. of gaming equipment and other things by licensees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 83 Amendment of s 287 (Requirements for approvals for linked jackpot arrangements) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 84 Amendment of s 295 (Monthly money clearances) . . . . . . . . . . . 62 85 Amendment of s 296 (Periodic money clearances) . . . . . . . . . . . 62 86 Amendment of s 297 (Requirement for money clearance) . . . . . . 62 87 Replacement of pt 9 hdg (Taxes, levies and fees) . . . . . . . . . . . . 62 88 Omission of ss 313 and 314. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 89 Amendment of s 315 (Gambling community benefit fund) . . . . . . 63 2013 Act No. 25 Page 5

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Contents 90 91 92 93 94 95 96 97 98 Part 8 99 100 Page 6 Replacement of s 322 (Disposition of fees etc.) . . . . . . . . . . . . . . 322 Payments into consolidated fund . . . . . . . . . . . . . . . . Amendment of s 336 (Review and termination of agreements) . . Amendment of s 349 (Cheating) . . . . . . . . . . . . . . . . . . . . . . . . . Omission of pt 10A (Approved responsible service of gambling course) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 356 (Proceedings for offences) . . . . . . . . . . . . . Amendment of s 362 (Disclosure of criminal history) . . . . . . . . . . Insertion of new pt 12, div 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 17 Transitional provisions for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Subdivision 1 Preliminary 476 Definitions for div 17 . . . . . . . . . . . . . . . . . . . . . . . . . . Subdivision 2 General transitional provisions 477 Application of s 67 for existing category 2 licences . . 478 Disposal of gaming machines for licences cancelled or not renewed before commencement . . . . . . . . . . . . . 479 Appeal to tribunal for decisions about renewal made before commencement. . . . . . . . . . . . . . . . . . . . . . . . 480 Existing applications for renewal of gaming machine licences extended under s 76(3) . . . . . . . . . . . . . . . . 481 Continuation of particular offences. . . . . . . . . . . . . . . 482 Refund of fee for particular applications for renewal of gaming machine licences . . . . . . . . . . . . . . . . . . . . . . 483 Continuation of s 103 for gaming machine licences not renewed before commencement . . . . . . . . . . . . . . . . 484 Existing unclaimed payments under previous s 242A 485 Continuation of existing responsible service of gambling course certificate. . . . . . . . . . . . . . . . . . . . . Subdivision 3 Provisions for closing funds 486 Closure of sport and recreation benefit fund . . . . . . . 487 Closure of community investment fund . . . . . . . . . . . Amendment of sch 1 (Reviewable decisions). . . . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of InteractiveGambling(PlayerProtection)Act1998 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 19 (Restrictions for registration) . . . . . . . . . . . . 63 63 64 64 64 64 65 65 65 66 66 66 66 67 67 68 68 68 69 69 70 70 72 73 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Contents 101 102 103 104 105 106 107 108 109 Part 9 110 111 112 113 114 115 116 117 Part 10 118 Amendment of s 60 (Meaning of key person and key relationship) 73 Amendment of s 77 (Grounds) . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Omission of s 116 (Payment of tax for community benefit) . . . . . 73 Amendment of s 127 (Authorised games to be conducted under an approved control system) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Replacement of ss 128–131. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74 128 Content of control system. . . . . . . . . . . . . . . . . . . . . . 74 129 Chief executive may give direction about content of control system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Amendment of s 134 (Licensed providers limited recourse to players’ accounts). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Insertion of new pt 12, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Division 3 Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 271 Continuation of offence under s 127. . . . . . . . . . . . . . 76 Amendment of sch 2 (Decisions of chief executive subject to review) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 77 Amendment of KenoAct1996 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Amendment of s 61 (Grounds) . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 Omission of s 113 (Application of keno tax) . . . . . . . . . . . . . . . . . 77 Amendment of s 117 (Keno games to be conducted under approved control system) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Replacement of ss 118–121. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 118 Content of control system. . . . . . . . . . . . . . . . . . . . . . 78 119 Chief executive may give direction about content of control system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Insertion of new pt 13, div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Division 3 Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 250 Continuation of offence under s 117. . . . . . . . . . . . . . 80 Amendment of sch 2 (Decisions of chief executive subject to appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 Amendment of sch 4 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 81 Amendment of LiquorAct1992 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 2013 Act No. 25 Page 7

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Contents 119 Insertion of new pt 1, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Division 1 Introduction 120 Insertion of new pt 1, div 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Division 2 Interpretation 121 Amendment of s 4 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . 82 122 Insertion of new pt 1, div 3, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . 84 Division 3 Key concepts 123 Insertion of new pt 1, div 4, hdg and pt 1, div 4, sdiv 1 . . . . . . . . 84 Division 4 Exemptions and related matters Subdivision 1 Exemptions 11A Meaning of non-profit entity . . . . . . . . . . . . . . . . . . . . 84 124 Amendment of s 12 (Exemptions) . . . . . . . . . . . . . . . . . . . . . . . . 85 125 Relocation and renumbering of s 13 (Act binds the Crown) . . . . . 85 126 Relocation and renumbering of s 14 (Declaration for Commonwealth Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 127 Insertion of new ss 13–14B and pt 1, div 4, sdiv 2 . . . . . . . . . . . . 85 13 Exemption for the sale of liquor at fundraising event . 85 14 Exemption for the sale of liquor as part of fundraising raffle . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 14A Exemption for hospitals and nursing homes. . . . . . . . 89 14B Other exemptions for the sale of liquor. . . . . . . . . . . . 89 Subdivision 2 Notices of non-compliance 14C Notice of non-compliance for fundraising event . . . . . 95 128 Amendment of s 21 (Jurisdiction and powers of tribunal). . . . . . . 96 129 Amendment of s 42A (Commissioner may make guidelines). . . . 96 130 Replacement of ss 50 and 51. . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 50 Application of pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . 96 51 Approval of plan or revised plan . . . . . . . . . . . . . . . . . 96 131 Amendment of s 52 (Changing plan) . . . . . . . . . . . . . . . . . . . . . . 97 132 Amendment of s 67AA (Principal activity is the provision of entertainment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 133 Amendment of s 105 (Requirements for applications) . . . . . . . . . 98 134 Insertion of new s 105A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 105A Additional requirement for particular applications—risk-assessed management plan . . . . . 98 135 Amendment of s 107A (Additional restriction on grant of licence) 100 Page 8 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Contents 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 151A 152 153 154 155 156 157 158 159 160 Amendment of s 107D (Restriction on grant of adult entertainment permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 Amendment of s 116 (When community impact statement to be given to commissioner). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Amendment of s 117 (Advice about application etc.) . . . . . . . . . . 102 Amendment of s 118 (Advertisement of applications) . . . . . . . . . 102 Insertion of new s 118AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 118AA Commissioner may give notice requiring advertisement of particular applications. . . . . . . . . . . 104 Amendment of s 118A (Submissions) . . . . . . . . . . . . . . . . . . . . . 105 Amendment of s 121 (Matters the commissioner must have regard to) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Amendment of s 122 (Procedure on receipt of objections) . . . . . 106 Amendment of s 141 (Order to close premises for unlawful trading) 106 Amendment of pt 5A, hdg (Trainers for licensee’s course and approved training course). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Amendment of s 142B (Applying for approval as trainer) . . . . . . . 107 Amendment of s 142C (Deciding application) . . . . . . . . . . . . . . . 107 Amendment of s 142G (Deciding application) . . . . . . . . . . . . . . . 107 Amendment of s 142L (Grounds for cancellation) . . . . . . . . . . . . 107 Amendment of s 153 (Letting or subletting of licensed premises) 107 Amendment of s 155 (Minors on premises) . . . . . . . . . . . . . . . . . 108 Amendment of s 155AC (Application of div 1A) . . . . . . . . . . . . . . 108 Amendment of s 155AD (Who must be present or reasonably available at licensed premises etc.) . . . . . . . . . . . . . . . . . . . . . . . 108 Replacement of s 155AE (Approved managers register) . . . . . . . 109 155AE Copies of certificates must be available at premises . 110 Amendment of s 155AF (Exemption from obligation under s 155AD(3)) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Amendment of s 168C (Attempt to take liquor into restricted area) 110 Amendment of s 199 (Definitions for pt 9) . . . . . . . . . . . . . . . . . . 110 Omission of s 219 (Community investment fund) . . . . . . . . . . . . . 111 Replacement of s 220 (Disbursement of fees etc.) . . . . . . . . . . . 111 220 Payments into consolidated fund . . . . . . . . . . . . . . . . 111 Amendment of s 309 (Guidelines of chief executive or commissioner continue as guidelines of commissioner) . . . . . . . 111 Insertion of new pt 12, div 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 2013 Act No. 25 Page 9

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Contents Part 11 161 162 163 164 165 166 167 168 169 Part 12 170 171 Part 13 172 173 174 175 176 177 178 Division 13 Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 316 Continuation of existing training course certificate . . . Amendment of Lotteries Act 1997 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 40 (Meaning of key employee) . . . . . . . . . . . . . Amendment of s 59 (Grounds) . . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 99A (Application of lottery tax). . . . . . . . . . . . . . . . Amendment of s 100 (Lottery to be conducted under an approved control system) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 101–104. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Content of control system. . . . . . . . . . . . . . . . . . . . . . 102 Chief executive may give direction about content of control system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 12, div 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7 Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 257 Continuation of offence under s 100. . . . . . . . . . . . . . Amendment of sch 2 (Decisions of chief executive subject to appeal) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of RecordingofEvidenceAct1962 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 5B (Availability of copies of records and transcriptions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of Supreme Court Library Act 1968 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 2 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 2, hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 3, hdg (Supreme Court library committee) . . . Replacement of s 10 (Functions of committee) . . . . . . . . . . . . . . 10 Functions of committee . . . . . . . . . . . . . . . . . . . . . . . 10A Delegation of particular functions . . . . . . . . . . . . . . . . Insertion of new pt 3 and sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . Part 3 Queensland Sentencing Information Service 111 112 112 112 112 112 113 113 114 115 115 115 116 116 116 117 117 117 119 119 119 119 120 120 Page 10 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Contents Part 14 179 180 181 182 183 184 185 186 187 Part 15 188 189 190 17 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Sentencing information in QSIS database . . . . . . . . . 19 Access to restricted information . . . . . . . . . . . . . . . . . 20 Arrangements for access to QSIS database . . . . . . . 21 Misuse of QSIS information . . . . . . . . . . . . . . . . . . . . 22 Use of information permitted despite other Act . . . . . 23 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . Schedule 1 Dictionary Amendment of WageringAct1998 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 95 (Meaning of key employee) . . . . . . . . . . . . . Amendment of s 123 (Grounds) . . . . . . . . . . . . . . . . . . . . . . . . . . Omission of s 169 (Application of wagering tax) . . . . . . . . . . . . . Amendment of s 173 (Authorised wagering to be conducted under an approved control system) . . . . . . . . . . . . . . . . . . . . . . . Replacement of ss 174–177. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 174 Content of control system. . . . . . . . . . . . . . . . . . . . . . 175 Chief executive may give direction about content of control system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 291 (When authority operators may apply for review) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Insertion of new pt 17, div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5 Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 340 Continuation of offence under s 173. . . . . . . . . . . . . . Amendment of sch 2 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of WorkHealthandSafetyAct2011 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of s 2 (Commencement). . . . . . . . . . . . . . . . . . . . . 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 4 (Minor and consequential amendments) . . 120 120 121 123 123 124 124 125 126 126 126 126 127 127 128 128 128 129 129 130 130 130 130 2013 Act No. 25 Page 11

Queensland Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Act No. 25 of 2013 An Act to amend the Body Corporate and Community Management Act1997, the Casino Control Act 1982, the Civil Proceedings Act 2011, the Credit (Commonwealth Powers) Act 2010, the Funeral Benefit Business Act1982, the Gaming Machine Act 1991, the Interactive Gambling (PlayerProtection) Act 1998, the Keno Act 1996, the Liquor Act 1992, the LotteriesAct 1997, the Recording of Evidence Act 1962, the Supreme Court LibraryAct 1968, the Wagering Act 1998 and the Work Health and Safety Act 2011 for particular purposes [Assented to 3 June 2013]

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 . 2 Commencement (1) The following provisions commence on 1 July 2013— (a) parts 5, 12 and 13; (b) sections 13, 14, 67, 68, 72, 87 to 90, 103, 112, 119, 120, 122 to 127, 156 to 158, 164 and 182; (c) section 96, to the extent it inserts division 17, subdivision 3; (d) section 121(1), to the extent it omits the definition community investment fund ; (e) section 121(2), to the extent it inserts the definitions fundraising event , non-profit entity , relevant restricted area , small regional show and standard drink . (2) Sections 47, 48 and 139 to 143 commence on 1 January 2014. (3) The following provisions commence on a day to be fixed by proclamation— (a) sections 16, 17, 24(1) and (4), 44, 78, 79, 80(2), 84 to 86, 92, 93, 98(4) to (8), 121(3), 145 to 149 and 160; (b) section 23, to the extent it inserts section 149; (c) section 24(2), to the extent it inserts the definitions chips and ticket ; (d) section 96, to the extent it inserts sections 484 and 485; Page 14 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 3] (e) section 98(1), to the extent it omits the definitions approved responsible service of gambling course , centralised credit system and responsible service of gambling course certificate ; (f) section 98(2), other than to the extent it inserts the definitions authorised gaming machine and community club licence ; (g) section 121(1), to the extent it omits the definitions approved training course and training course certificate ; (h) section 121(2), to the extent it inserts the definitions approved training course and training course certificate . Part 2 Amendment of Body Corporate and Community Management Act 1997 3 Act amended This part amends the BodyCorporateandCommunityManagement Act 1997. 4 Amendment of s 47B (Adjustment of contribution schedule for particular schemes by order of specialist adjudicator or QCAT) Section 47B— insert — (2A) In addition, this section applies if— (a) a new community management statement is recorded for a community titles scheme to 2013 Act No. 25 Page 15

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 5] reflect a formal acquisition affecting the scheme; and (b) there has been a change to the contribution schedule lot entitlements for the lots included in the scheme because of the formal acquisition; and (c) the owner of a lot included in the scheme believes that, because of the change, the contribution schedule lot entitlements for the lots included in the scheme— (i) are not consistent with the deciding principle for the lot entitlements, or are not just and equitable to the extent the deciding principle allows; or (ii) if there is no apparent deciding principle for the lot entitlements, are not just and equitable. 5 Amendment of s 51 (Limited adjustment of lot entitlement schedule—after formal acquisition of part of scheme land) (1) Section 51(1) and (2)— omit, insert — (1) This section applies if a constructing authority— (a) by written notice, advises the body corporate for a community titles scheme, other than a specified two-lot scheme, that 4 months after the notice is given the authority proposes to lodge— (i) a new plan of subdivision for the scheme as required under the AcquisitionofLandAct1967 , section 12A; and (ii) a request to record a new community management statement for the scheme Page 16 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 5] as required under section 56(1) and the Land Title Act, section 115J; and (b) with the notice mentioned in paragraph (a), gives to the body corporate— (i) a copy of the proposed new plan of subdivision; and (ii) independent professional advice (the lot entitlement adjustment advice ) from an appropriate person about any changes, subject to subsection (3), required to the lot entitlement schedules for the scheme to take account of the boundary change shown in the proposed new plan of subdivision; and Examples of an appropriate person — • lawyer • registered valuer (iii) a copy of the proposed new community management statement prepared by the constructing authority to reflect the formal acquisition for which the proposed new plan of subdivision is to be lodged. Note — For the adjustment of the lot entitlement schedules for a specified two-lot scheme in similar circumstances, see section 51A. (2) Within 3 months after receiving the notice under subsection (1) and before consenting to the new community management statement, the body corporate must call and hold a general meeting of its members to decide any changes to the proposed new community management statement to take account of the boundary change. (2) Section 51(5) and (6)— 2013 Act No. 25 Page 17

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 5] Page 18 omit, insert — (5) Within 4 months after receiving the notice under subsection (1), the body corporate must— (a) do both of the following— (i) endorse the body corporate’s consent on the new community management statement; (ii) give the constructing authority the endorsed new community management statement; or (b) give the constructing authority a written notice stating— (i) that the body corporate will consent to the new community management statement if changes are made to the statement; and (ii) the changes that the body corporate wants made to the statement; or (c) give the constructing authority written notice that the body corporate does not consent to the new community management statement. (6) If the body corporate gives the constructing authority an endorsed new community management statement under subsection (5)(a), the constructing authority may lodge a request to record the endorsed new statement. (7) If subsection (6) does not apply and 4 months have passed since the constructing authority gave the body corporate the notice under subsection (1), the constructing authority may lodge a request to record a new community management statement that— (a) if the body corporate has given the constructing authority a written notice under 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 5] 2013 Act No. 25 subsection (5)(b)—includes the changes requested by the body corporate, and is different to the proposed new community management statement mentioned in subsection (1)(b)(iii) only to the extent it includes those changes and changes of no substance (if any); or (b) if paragraph (a) does not apply—is the same as the proposed new community management statement mentioned in subsection (1)(b)(iii), or is different only to the extent that it includes changes of no substance. (8) Before lodging a request to record a new community management statement under subsection (7), the constructing authority must sign and date the new statement. (9) The registrar may record a new community management statement mentioned in subsection (7) despite section 54(2) and the Land Title Act, section 115K(1)(d). (10) The constructing authority is responsible for the costs of— (a) obtaining advice for the purposes of this section, including lot entitlement adjustment advice; and (b) preparing and recording the new community management statement under this section. (11) For applying the AcquisitionofLandAct1967 , section 20, the economic losses and costs incurred by a body corporate or lot owner as a direct and natural consequence of the formal acquisition may include the economic losses and costs incurred for any of the following— (a) obtaining independent professional advice from an appropriate person about any Page 19

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 6] changes, subject to subsection (3), required to the lot entitlement schedules for the scheme to reflect the formal acquisition; Examples of an appropriate person — • lawyer • registered valuer (b) holding or attending the meeting in response to the notice given by the constructing authority under subsection (1) for the proposed new plan of subdivision required to reflect the formal acquisition; (c) obtaining under section 47B or 48 an order of a specialist adjudicator or QCAT to change the contribution schedule lot entitlements, or interest schedule lot entitlements, for the lots included in the scheme following the recording of the new community management statement under this section to reflect the formal acquisition. 6 Amendment of s 51A (Limited adjustment of lot entitlement schedule for specified two-lot scheme—after formal acquisition of part of scheme land) (1) Section 51A(1) and (2)— omit, insert — (1) This section applies if a constructing authority— (a) by written notice, advises the body corporate for a specified two-lot scheme, that 4 months after the notice is given the authority proposes to lodge— (i) a new plan of subdivision for the scheme as required under the AcquisitionofLandAct1967 , section 12A; and Page 20 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 6] 2013 Act No. 25 (ii) a request to record a new community management statement for the scheme as required under section 56(1) and the Land Title Act, section 115J; and (b) with the notice mentioned in paragraph (a), gives to the body corporate— (i) a copy of the proposed new plan of subdivision; and (ii) independent professional advice (the lot entitlement adjustment advice ) from an appropriate person about any changes, subject to subsection (3), required to the lot entitlement schedules for the scheme to take account of the boundary change shown in the proposed new plan of subdivision; and Examples of an appropriate person — • lawyer • registered valuer (iii) a copy of the proposed new community management statement prepared by the constructing authority to reflect the formal acquisition for which the proposed new plan of subdivision is to be lodged. (2) Within 3 months after receiving the notice under subsection (1) and before consenting to the new community management statement, the body corporate must decide by a lot owner agreement to either— (a) change the proposed new community management statement to take account of the boundary change; or (b) not change the proposed new community management statement. Page 21

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 6] (2) Section 51A(4) to (6)— omit, insert — (4) Within 4 months after receiving the notice under subsection (1), the body corporate must— (a) do both of the following— (i) endorse the body corporate’s consent on the new community management statement; (ii) give the constructing authority the endorsed new community management statement; or (b) give the constructing authority a written notice stating— (i) that the body corporate will consent to the new community management statement if changes are made to the statement; and (ii) the changes that the body corporate wants made to the statement; or (c) give the constructing authority written notice that the body corporate does not consent to the new community management statement. (5) If the body corporate gives the constructing authority an endorsed new community management statement under subsection (4)(a), the constructing authority may lodge a request to record the endorsed new statement. (6) If subsection (5) does not apply and 4 months have passed since the constructing authority gave the body corporate the notice under subsection (1), the constructing authority may lodge a request to record a new community management statement that— Page 22 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 6] 2013 Act No. 25 (a) if the body corporate has given the constructing authority a written notice under subsection (4)(b)—includes the changes requested by the body corporate, and is different to the proposed new community management statement mentioned in subsection (1)(b)(iii) only to the extent it includes those changes and changes of no substance (if any); or (b) if paragraph (a) does not apply—is the same as the proposed new community management statement mentioned in subsection (1)(b)(iii), or is different only to the extent that it includes changes of no substance. (7) Before lodging a request to record a new community management statement under subsection (6), the constructing authority must sign and date the new statement. (8) The registrar may record a new community management statement mentioned in subsection (6) despite section 54(2) and the Land Title Act, section 115K(1)(d). (9) The constructing authority is responsible for the costs of— (a) obtaining advice for the purposes of this section, including lot entitlement adjustment advice; and (b) preparing and recording the new community management statement under this section. (10) For applying the AcquisitionofLandAct1967 , section 20, the economic losses and costs incurred by a body corporate or lot owner as a direct and natural consequence of the formal acquisition may include the economic losses and costs incurred for any of the following— Page 23

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 7] (a) obtaining independent professional advice from an appropriate person about any changes, subject to subsection (3), required to the lot entitlement schedules for the scheme to reflect the formal acquisition; Examples of an appropriate person — • lawyer • registered valuer (b) preparing the lot owner agreement under subsection (2) in response to the notice given by the constructing authority under subsection (1) for the proposed new plan of subdivision required to reflect the formal acquisition; (c) obtaining under section 47B or 48 an order of a specialist adjudicator or QCAT to change the contribution schedule lot entitlements, or interest schedule lot entitlements, for the lots included in the scheme following the recording of the new community management statement under this section to reflect the formal acquisition. 7 Amendment s 54 (Subsequent community management statement) Section 54(2)— insert — Note — See, however, sections 51(9) and 51A(8). 8 Amendment of s 63 (Responsibility for preparing, and for costs of preparing, new statement) (1) Section 63(1), ‘section 57’— omit, insert — Page 24 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 9] section 51, 51A or 57 (2) Section 63(4)— omit . 9 Amendment of s 65 (Time for lodging request to record new statement) (1) Section 65(1), ‘the relevant event happens’— omit, insert — giving the consent (2) Section 65(2), ‘section 57’— omit, insert — section 51, 51A or 57 (3) Section 65(3)— omit . 10 Insertion of new ch 8, pt 11 Chapter 8— insert — Part 11 Transitional provisions for Liquor and Gaming(Red Tape Reduction)and Other LegislationAmendment Act 2013 Division 1 Preliminary 427 Definitions for pt 11 In this part— 2013 Act No. 25 Page 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 10] commencement means the commencement of this section. former , in relation to a provision, means the provision as in force before the commencement. new , in relation to a provision, means the provision as in force at the commencement. relevant documents , for a formal acquisition affecting a community titles scheme, means— (a) a copy of the new plan of subdivision for the scheme proposed to be lodged as required under the AcquisitionofLandAct1967 , section 12A; and (b) a copy of the proposed new community management statement for the scheme prepared by the constructing authority to reflect the acquisition. 428 References to ss 51 and 51A In this part— (a) a reference to former section 51 or new section 51, or a provision of former section 51 or new section 51, applies to a community titles scheme other than a specified two-lot scheme; and (b) a reference to former section 51A or new section 51A, or a provision of former section 51A or new section 51A, applies to a a specified two-lot scheme. Page 26 Division 2 Formal acquisitions happening before commencement if advice given under former section 51 or 51A 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 10] 429 Application of div 2 This division applies if— (a) a formal acquisition affecting a community titles scheme happened before the commencement; and (b) before the commencement, the constructing authority for the acquisition gave the body corporate for the scheme advice about the acquisition as mentioned in former section 51(1) or 51A(1); and (c) at the commencement, a request to record a new community management statement for the scheme reflecting the acquisition has not been lodged. 430 Process if body corporate consented to new community management statement (1) This section applies if, at the commencement, the body corporate has consented to the recording of a new community management statement to reflect the formal acquisition. (2) The body corporate must endorse its consent on the new community management statement (if it has not already done so) and give the endorsed new statement to the constructing authority. (3) If the body corporate gives an endorsed new community management statement to the constructing authority under subsection (2), the constructing authority may lodge a request to record the endorsed new statement. (4) If the body corporate has not given an endorsed new community management statement to the constructing authority within 5 business days after the commencement, the constructing authority may lodge a request to record a new 2013 Act No. 25 Page 27

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 10] community management statement that is the same as the proposed new community management statement the constructing authority gave to the body corporate for endorsing its consent. Note — See, however, section 64. (5) Before lodging a request to record a new community management statement under subsection (4), the constructing authority must sign and date the new statement. (6) The registrar may record a new community management statement mentioned in subsection (4) despite section 54(2) and the Land Title Act, section 115K(1)(d). (7) The constructing authority is responsible for the costs of recording the endorsed new statement. 431 Process if body corporate has decided lot entitlement schedule changes but has not consented to new community management statement (1) This section applies if, at the commencement— (a) the body corporate has, for the formal acquisition, decided the changes to the lot entitlement schedules for the community titles scheme under former section 51(2) or 51A(2) (whether or not it has given notice of its decision to the constructing authority under former section 51(5) or 51A(5)); and (b) the body corporate has not consented to the recording of a new community management statement to reflect the acquisition. Page 28 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 10] 2013 Act No. 25 (2) If it has not already done so, the constructing authority must give the relevant documents for the formal acquisition to the body corporate. (3) New section 51(5) to (11) or 51A(4) to (10) apply in relation to the formal acquisition as if— (a) the relevant documents given by the constructing authority to the body corporate were given under new section 51(1) or 51A(1); and (b) the reference to the 4 month period in new section 51(5) and (7) or 51A(4) and (6) were a reference to the prescribed consent period. (4) For subsection (3), the prescribed consent period is— (a) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1), and the relevant documents for the acquisition, at least 4 months before the commencement—the period ending at the commencement; or (b) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1) at least 4 months before the commencement but gave or gives the relevant documents for the acquisition to the body corporate at a later time—the period ending on the day that is 3 months after the constructing authority gave or gives the body corporate the relevant documents; or (c) otherwise—the period ending on the day that is 4 months after the constructing authority gave or gives the body corporate the relevant documents. Page 29

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 10] 432 Process if body corporate has not decided lot entitlement schedule changes (1) This section applies if, at the commencement, the body corporate has not, for the formal acquisition, decided the changes to the lot entitlement schedules for the community titles scheme under former section 51(2) or 51A(2). (2) If it has not already done so, the constructing authority must give the relevant documents for the formal acquisition to the body corporate. (3) New section 51(2) to (11) or 51A(2) to (10) apply in relation to the formal acquisition as if— (a) the relevant documents given by the constructing authority to the body corporate were given under new section 51(1) or 51A(1); and (b) the reference to the 3 month period in new section 51(2) or 51A(2) were a reference to the prescribed decision period; and (c) the reference to the 4 month period in new section 51(5) and (7) or 51A(4) and (6) were a reference to the prescribed consent period. Example of the operation of paragraphs (b) and (c) — Four months before the commencement, the constructing authority gives the body corporate— (a) advice about the acquisition as mentioned in former section 51(1) or 51A(1); and (b) the relevant documents for the acquisition. Under subsection (4), the prescribed consent period for applying new section 51(5) and (7) or 51A(4) and (6) is the period ending at the commencement (see subsection (4)(b)(i)), and the prescribed decision period for applying new section 51(2) or 51A(2) is the period ending 30 days before the commencement. (4) For subsection (3)— Page 30 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 10] (a) the prescribed decision period is the period ending 30 days before the relevant prescribed consent period ends, which may be a period ending on or before the commencement; and (b) the prescribed consent period is— (i) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1), and the relevant documents for the acquisition, at least 4 months before the commencement—the period ending at the commencement; or (ii) if the constructing authority gave the body corporate advice about the acquisition as mentioned in former section 51(1) or 51A(1) at least 4 months before the commencement but gave or gives the relevant documents for the acquisition to the body corporate at a later time—the period ending on the day that is 3 months after the constructing authority gave or gives the body corporate the relevant documents; or (iii) otherwise—the period ending on the day that is 4 months after the constructing authority gave or gives the body corporate the relevant documents. 433 Body corporate may ask constructing authority to provide lot entitlement adjustment advice (1) This section applies for section 432 if the body corporate has not obtained the lot entitlement 2013 Act No. 25 Page 31

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 2 Amendment of Body Corporate and Community Management Act 1997 [s 10] adjustment advice under former section 51(2) or 51A(2). (2) The body corporate may, by written notice, ask the constructing authority to obtain the lot entitlement adjustment advice and give it to the body corporate. (3) The constructing authority must obtain the lot entitlement adjustment advice and give it to the body corporate as soon as practicable. (4) This section applies even if the constructing authority lodges a request to record a new community management statement without the body corporate’s consent, under new section 51(7) or 51A(6) as applied under section 432. (5) In subsections (2) and (3)— lot entitlement adjustment advice means the lot entitlement adjustment advice mentioned in new section 51(1)(b)(ii) or 51A(1)(b)(ii). 434 Application of ss 63 and 65 (1) Section 63 does not apply to the preparation of a new community management statement under this division. (2) Section 65 does not apply to the recording of a new community management statement under this division. Page 32 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 3 Amendment of Casino Control Act 1982 [s 11] Division 3 Formal acquisitions happening before commencement if advice not given under former section 51 or 51A 435 New s 51 or 51A applies to formal acquisition (1) This section applies if— (a) a formal acquisition affecting a community titles scheme happened before the commencement; and (b) at the commencement, the constructing authority for the acquisition has not given the body corporate for the scheme the advice mentioned in former section 51(1) or 51A(1) in relation to the acquisition. (2) New section 51 or 51A applies in relation to the formal acquisition. 11 Amendment of sch 6 (Dictionary) Schedule 6, definition commencement — insert — (e) for chapter 8, part 11, see section 427. Part 3 Amendment of Casino Control Act 1982 12 Act amended This part amends the Casino Control Act 1982. 2013 Act No. 25 Page 33

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 3 Amendment of Casino Control Act 1982 [s 13] 13 Omission of s 51A (Application of casino tax) Section 51A— omit . 14 Amendment of s 52 (Casino community benefit fund) (1) Section 52(2) to (9)— renumber as section 52(3) to (10). (2) Section 52— insert — (2) Subject to any necessary appropriation, an amount may be paid into the fund from the consolidated fund. (3) Section 52(6), as renumbered, ‘subsection (4)’— omit, insert— subsection (5) 15 Amendment of s 62 (Gaming equipment and chips) (1) Section 62(4C)(a), ‘subsections (4) and (4B)’— omit, insert — subsections (8) and (10) (2) Section 62(4D), ‘subsection (4A)’— omit, insert — subsection (9) (3) Section 62(4E), ‘subsection (4), (4A) or (4B)’— omit, insert — subsection (8), (9) or (10) (4) Section 62(6)— omit. Page 34 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 3 Amendment of Casino Control Act 1982 [s 16] (5) Section 62(3A) to (11)— renumber as section 62(4) to (22). 16 Amendment of s 65 (Obligation of casino operator in relation to conduct of games) (1) Section 65, heading, ‘Obligation’— omit, insert— Obligations (2) Section 65(3), after ‘credits’— insert— , tickets (3) Section 65(5)— insert— (ca) by ticket; or (4) Section 65(5)(ca) and (d)— renumber as section 65(5)(d) and (e). 17 Amendment of s 71A (Unclaimed winnings and prizes) Section 71A(3), ‘3 months’— omit, insert — 12 months 18 Amendment of s 72 (Training courses for employees) (1) Section 72(1) and (2)— omit, insert — (1) A casino operator must ensure training courses relating to the playing of games, the conduct of games and associated activities in connection with casino operations are provided in the way 2013 Act No. 25 Page 35

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 3 Amendment of Casino Control Act 1982 [s 19] mentioned in subsection (2) for persons employed or to be employed by the operator in a casino as casino key employees or casino employees. Maximum penalty—40 penalty units. (2) For subsection (1), the training courses must be provided by the casino operator or, with the chief executive’s approval, by the casino operator’s nominee. (2) Section 72(3), ‘an approved training course’— omit, insert— a training course mentioned in subsection (1) 19 Amendment of s 74 (Control system submission) (1) Section 74(2) and (3)— omit, insert — (2) A control system submission must— (a) be in writing; and (b) describe and explain the casino operator’s proposed control system. (2) Section 74(4)(a)(i), ‘and chart of accounts’— omit. (3) Section 74(4)(a)(iv)— omit. (4) Section 74(5) and (6), ‘subsection (4)’— omit, insert— subsection (3) (5) Section 74(4) to (6)— renumber as section 74(3) to (5). Page 36 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 3 Amendment of Casino Control Act 1982 [s 20] 20 Amendment of s 75 (Control system (change) submission) (1) Section 75(1), after ‘make a’— insert— written (2) Section 75(2) and (3)— omit. 21 Amendment of s 96 (Duration of direction under s 92 or 94) Section 96(1), ‘shall, subject to section 93, remain’— omit, insert — remains 22 Amendment of s 127 (Regulation-making power) Section 127(2)— insert — (i) procedures for claims by casino patrons relating to gaming transactions; (j) requirements relating to junket agreements; (k) training requirements for casino key employees and casino employees. 23 Insertion of new pt 11, div 8 Part 11— insert — 2013 Act No. 25 Page 37

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 3 Amendment of Casino Control Act 1982 [s 24] Division 8 Transitional provisions for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 148 Continuation of offence under s 72(2) (1) This section applies if a person is alleged to have committed an offence against section 72(2), as in force immediately before the commencement of this section. (2) Despite the CriminalCode, section 11, a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if section 72 had not been amended by the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 . 149 Existing unclaimed winnings (1) This section applies if, immediately before the commencement of this section, an amount for winnings mentioned in previous section 71A(3) had not been paid and dealt with under previous section 71A. (2) Previous section 71A(3) continues to apply in relation to the amount. (3) In this section— previous section 71A(3) means section 71A(3) as in force immediately before the commencement of this section. 24 Amendment of schedule (Dictionary) (1) Schedule, definition chips — Page 38 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 3 Amendment of Casino Control Act 1982 [s 24] omit. (2) Schedule— insert— chips — (a) means any tokens used or capable of being used in a casino in the conduct of gaming in the place of money and approved for the purpose by the chief executive; but (b) does not include a ticket. group of participants , for part 8, division 2, see section 85A. junket agreement , for part 8, division 2, see section 85A. participant , for part 8, division 2, see section 85A. promoter , for part 8, division 2, see section 85A. sole participant agreement , for part 8, division 2, see section 85A. ticket means an item that— (a) displays a value in Australian currency; and (b) is designed to be used in the place of Australian currency for gaming on gaming equipment. (3) Schedule, definition control system , ‘and administrative and accounting procedures’— omit. (4) Schedule, definition gaming machine , paragraph (b)(i)— omit, insert— (i) by the insertion of Australian currency or a chip into the device, or the acceptance of a ticket by the device; or 2013 Act No. 25 Page 39

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 4 Amendment of Civil Proceedings Act 2011 [s 25] Part 4 Amendment of Civil Proceedings Act 2011 25 Act amended This part amends the Civil Proceedings Act 2011 . 26 Amendment of pt 15, hdg (Transitional provisions for Civil Proceedings Act 2011) Part 15, heading, ‘Transitional’— omit, insert — Saving and transitional 27 Insertion of new pt 15, div 1, hdg Part 15, before section 108— insert — Division 1 Transitional provisions 28 Insertion of new pt 15, div 2 Part 15— insert — Division 2 Saving provision relating to section 109 Page 40 110 Saving of operation of transitional regulation (1) A transitional regulation made under section 109 is declared to be a law to which the ActsInterpretation Act 1954 , section 20A applies. (2) Subsection (1) applies to a transitional regulation made before or after the commencement of this section. 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 5 Amendment of Credit (Commonwealth Powers) Act 2010 [s 29] Part 5 Amendment of Credit (Commonwealth Powers) Act 2010 29 Act amended This part amends the Credit(CommonwealthPowers)Act2010. 30 Amendment of pt 4, div 4, hdg (General provisions) Part 4, division 4, heading, after ‘provisions’— insert — for Act No. 16 of 2010 31 Insertion of new pt 4, div 5 Part 4— insert — Division 5 Saving provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 27A Saving of repealed pt 6 for existing credit contracts (1) Repealed part 6 continues to apply in relation to an existing credit contract and the maximum annual percentage rate for the contract as if the Liquor and Gaming (Red Tape Reduction) and Other Legislation Act 2013 , part 5 had not commenced. (2) In this section— 2013 Act No. 25 Page 41

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 6 Amendment of Funeral Benefit Business Act 1982 [s 32] existing credit contract means a credit contract entered into on or after 31 July 2008 to which repealed part 6 applied immediately before the commencement of this section. repealed part 6 means part 6 as in force immediately before the commencement of this section. 32 Omission of pt 6 (Maximum annual percentage rate for credit contracts) Part 6— omit . Part 6 Amendment of Funeral Benefit Business Act 1982 33 Act amended This part amends the Funeral Benefit Business Act 1982. 34 Amendment of s 9 (Funeral Benefit Trust Fund and its trustees) (1) Section 9, heading, ‘and its trustees’— omit . (2) Section 9(1), ‘subject to the FinancialAdministrationandAudit Act 1977 , part 8, division 2’— omit . (3) Section 9(2) to (6)— omit, insert — (2) The registrar must administer the fund. Page 42 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 6 Amendment of Funeral Benefit Business Act 1982 [s 35] (4) Section 9(1A) to (7)— renumber as section 9(2) to (5). 35 Omission of s 10 (Trustees are statutory body) Section 10— omit . 36 Amendment of s 15 (Payment of moneys into the fund) Section 15(1), ‘the trustees and placed by the trustees in’— omit . 37 Amendment of s 16 (Payments from the fund in respect of benefits) (1) Section 16(2), ‘to the trustees’— omit . (2) Section 16(2), ‘trustees shall’— omit, insert — registrar must (3) Section 16(3), ‘trustees shall’— omit, insert — registrar must 38 Amendment of s 18 (Payments from the fund in special circumstances) (1) Section 18, ‘writing to the trustees’— omit, insert — writing (2) Section 18, ‘business, the trustees’— omit, insert — 2013 Act No. 25 Page 43

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 6 Amendment of Funeral Benefit Business Act 1982 [s 39] business, the registrar (3) Section 18, ‘as to the trustees’— omit, insert — as to the registrar (4) Section 18, ‘as the trustees’— omit, insert — as the registrar (5) Section 18, ‘trustees propose’— omit, insert — registrar proposes 39 Amendment of s 22 (Where assets more than sufficient to meet liabilities) (1) Section 22(2), ‘to the trustees’— omit. (2) Section 22(3), from ‘in question’ to ‘shall’— omit, insert — and certifying an amount as being payable under subsection (2), the registrar must (3) Section 22(3), penalty— omit . (4) Section 22(3A)— omit . 40 Amendment of s 88 (Regulations) (1) Section 88, heading— omit, insert — Page 44 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 6 Amendment of Funeral Benefit Business Act 1982 [s 41] 88 Regulation-making power (2) Section 88(2)(c), ‘Trustees of the Funeral Benefit Trust Fund for placing in the’— omit . (3) Section 88(2)(d)— omit, insert — (d) the conduct of the administration of the fund; 41 Insertion of new pt 9 After section 89— insert— Part 9 Transitional provisions for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 90 Definitions for pt 9 In this part— board means the Board of Trustees established under former section 9(2). body corporate means the body corporate named ‘Trustees of the Funeral Benefit Trust Fund’ and continued in existence by former section 9(4). commencement means the commencement of this section. former , in relation to a provision, means the provision as in force before the commencement. 2013 Act No. 25 Page 45

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 6 Amendment of Funeral Benefit Business Act 1982 [s 41] 91 Abolition of the board (1) At the commencement— (a) the trustees of the board stop being members of the board; and (b) the board is abolished; and (c) the body corporate ceases to exist. (2) No compensation is payable to a member of the board because of subsection (1). 92 Legal successor of the board The State is the successor in law of the board. 93 Claim given to board to be dealt with by registrar (1) This section applies if, before the commencement, the board received a claim on the fund or other application under this Act, and the claim or application has not been finalised before the commencement. (2) The registrar may deal with the claim or application under this Act as in force after the commencement. 94 References to the board A reference in an Act or other document to the board is, if the context permits, taken to be a reference to the registrar. Page 46 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 7 Amendment of Gaming Machine Act 1991 [s 42] 95 Proceeding not yet started by or against the board (1) This section applies if, immediately before the commencement, a proceeding could have been started by or against the board. (2) The proceeding may be started by or against the State. 96 Other things done by board (1) This section applies to anything done by the board under this Act that, after the commencement, could be done by the registrar. (2) The thing done by the board— (a) continues to have effect; and (b) from the commencement, is taken to have been done by the registrar. Part 7 Amendment of Gaming Machine Act 1991 42 Act amended This part amends the Gaming Machine Act 1991. 43 Amendment of s 3 (Meaning of conduct of gaming ) Section 3(c), ‘transactions’— omit, insert — system transactions 2013 Act No. 25 Page 47

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 7 Amendment of Gaming Machine Act 1991 [s 44] 44 Amendment of s 29 (Who may apply for a review by tribunal) Section 29(7)— omit . 45 Amendment of s 50 (Delegations) Section 50(5), definition designated powers , paragraph (b), ‘98, 147 and 336’— omit, insert — 98 and 147 46 Amendment of s 53 (Criminal history reports) Section 53(1), from ‘inquiry’ to ‘18(7) or the’— omit . 47 Amendment of s 55A (Applications of significant community impact) Section 55A(2)— omit, insert — (2) The commissioner must— (a) make available for inspection, at the department’s head office, a list of all applications currently before the commissioner that are of significant community impact; and (b) publish notice of each of the applications on the department’s website. 48 Amendment of s 55C (Advertisement of application of significant community impact) (1) Section 55C(2)(a)— Page 48 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 7 Amendment of Gaming Machine Act 1991 [s 49] omit. (2) Section 55C(2)(b) and (c)— renumber as section 55C(2)(a) and (b). 49 Amendment of s 56 (Application for gaming machine licences) (1) Section 56(5)(e)— omit. (2) Section 56(5)(f)(iii), ‘the matters referred to in paragraph (e)(ii) or any other’— omit, insert— all (3) Section 56(5)(f) to (q)— renumber as section 56(e) to (p). 50 Amendment of s 67 (Changes in circumstances of category 2 licensees) (1) Section 67(1)(a), ‘relevant time’— omit, insert— time the licensee became the licensee of the premises (2) Section 67(4)— omit. (3) Section 67(5) to (7)— renumber as section 67(4) to (6). 51 Amendment of s 68 (Issue of gaming machine licences generally) Section 68(2)(c)— 2013 Act No. 25 Page 49

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 7 Amendment of Gaming Machine Act 1991 [s 52] omit, insert— (c) the date of issue of the licence; 52 Amendment of s 69 (Issue of amalgamated gaming machine licences to clubs) (1) Section 69(4)(d)— omit. (2) Section 69(4)(e)— renumber as section 69(4)(d). (3) Section 69(5) and (9)— omit. (4) Section 69(6) to (8)— renumber as section 69(5) to (7). 53 Amendment of s 71A (Replacement of gaming machine licence for particular changes) (1) Section 71A(1) and (2)— omit. (2) Section 71A(3)— omit, insert— (3) This section applies if a licensee for licensed premises receives a notice under section 83(5) or (6), 85C(4) or (5), 88A(1) or (2) or 90C(5) or (6) for a decision to approve an increase or decrease in the following (each a relevant change )— (a) the approved number of gaming machines for the premises; (b) the hours of gaming for the premises. (3) Section 71A(5)— omit, insert— Page 50 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 7 Amendment of Gaming Machine Act 1991 [s 54] (5) On receipt of a licensee’s gaming machine licence under subsection (2), the commissioner must, as soon as practicable, give the licensee a replacement licence showing the relevant change. (4) Section 71A(3) to (7)— renumber as section 71A(1) to (5). 54 Omission of s 72 (Term of gaming machine licences) Section 72— omit . 55 Omission of s 76 (Renewal and continuance of gaming machine licences) Section 76— omit . 56 Omission of s 80A (When gaming machine licence lapses and number of approved gaming machines changes) Section 80A— omit . 57 Omission of s 85AA (When approval lapses and number of additional gaming machines changes) Section 85AA— omit . 58 Amendment of s 87 (Decision on decrease proposal) Section 87(9) and (11), ‘1 year’— omit, insert — 2 years 2013 Act No. 25 Page 51

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 7 Amendment of Gaming Machine Act 1991 [s 59] 59 Amendment of s 90 (Surrender or disposal of gaming machines on approval of decrease) Section 90(2), editor’s note— omit, insert— Note — This subsection does not deal with the issue of the disposal of gaming machines contrary to an approval. However, see section 277 (Destruction of gaming machines). 60 Amendment of s 91A (Ceasing gaming at licensed premises) Section 91A(3) and (5), ‘1 year’— omit, insert — 2 years 61 Amendment of s 92 (Disclosure of influential or benefiting parties) Section 92(1), ‘applies for a renewal of a gaming machine licence or’— omit . 62 Replacement of s 94 (Cessation or commencement of executive officer or secretary) Section 94— omit, insert — 94 Change to secretary or executive officer of body corporate (1) This section applies to a body corporate that is— (a) an applicant under section 56; or Page 52 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 7 Amendment of Gaming Machine Act 1991 [s 62] (b) a category 1 licensee that also holds a liquor licence for which a fee is payable for a licence period under the Liquor Act 1992 ; or (c) a category 2 licensee that is required, under section 304, to give a copy of an audit report to the commissioner. (2) The body corporate must— (a) for a body corporate mentioned in subsection (1)(a)—notify the commissioner of a management change within 7 days after the change happens; or (b) for a body corporate mentioned in subsection (1)(b)—notify the commissioner of any management change for a licence period when the fee for the licence period is paid; or (c) for a body corporate mentioned in subsection (1)(c)—notify the commissioner of any management change for the period to which an audit report relates, when a copy of the audit report is given to the commissioner under section 304. Maximum penalty—40 penalty units. (3) The notice must— (a) be in the approved form; and (b) include the full name, address and date of birth of any person commencing as, or ceasing to be, the secretary or an executive officer of the body corporate. (4) In this section— licence period see the Liquor Act 1992 , section 4. management change , for a body corporate, means— 2013 Act No. 25 Page 53

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 7 Amendment of Gaming Machine Act 1991 [s 63] (a) a person ceasing to be the secretary or an executive officer of the body corporate; or (b) a person commencing as the secretary or an executive officer of the body corporate. 63 Amendment of s 95 (Surrender of gaming machine licences) (1) Section 95(2D) and (2F), ‘1 year’— omit, insert — 2 years (2) Section 95(8), editor’s note— omit, insert— Note — This subsection does not deal with the issue of privately acquired gaming machines contrary to an approval. However, see section 277 (Destruction of gaming machines). 64 Amendment of s 97 (Cancellation or suspension of gaming machine licences and letters of censure) Section 97(1)(c)(v)(H), ‘section 58(4)’— omit, insert — section 58(6) 65 Amendment of s 103 (Amounts payable under gaming machine licence that ceases to have effect) Section 103, ‘cancellation, surrender or non-renewal’— omit, insert — cancellation or surrender Page 54 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 7 Amendment of Gaming Machine Act 1991 [s 66] 66 Amendment of s 104 (Disposal of gaming machines on cancellation or non-renewal of gaming machine licence) (1) Section 104, heading, ‘or non-renewal’— omit. (2) Section 104(1), from ‘licence—’— omit, insert— licence is cancelled. (3) Section 104(5), editor’s note— omit, insert— Note — This subsection does not deal with the issue of the disposal of privately acquired gaming machines contrary to an approval. However, in this regard, see section 277 (Destruction of gaming machines). 67 Amendment of s 109D (Dealing with amounts received on sale of operating authorities of the State) Section 109D, from ‘community’— omit, insert — consolidated fund. 68 Amendment of s 109E (Dealing with amounts received on sale of licensee’s operating authority) (1) Section 109E(1)(a) and (2)(a), from ‘community’ to ‘section 314’— omit, insert — consolidated fund (2) Section 109E(3), ‘community investment’— omit, insert — consolidated 2013 Act No. 25 Page 55

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 7 Amendment of Gaming Machine Act 1991 [s 69] 69 Amendment of s 109F (When operating authorities become operating authorities of the State) (1) Section 109F(1)(a) to (c)— omit. (2) Section 109F(1)(d) and (e)— renumber as section 109F(1)(a) and (b). (3) Section 109F(2)(a)— omit. (4) Section 109F(2)(b) and (c)— renumber as section 109F(2)(a) and (b). 70 Amendment of s 109L (Definitions for div 2) Section 109L, definition category 2 licensee , paragraph (b), ‘1 year’— omit, insert — 2 years 71 Amendment of s 109ZA (When entitlement becomes entitlement of the State) (1) Section 109ZA(1)(a) to (c)— omit. (2) Section 109ZA(1)(d) and (e)— renumber as section 109ZA(1)(a) and (b). (3) Section 109ZA(2)(a)— omit. (4) Section 109ZA(2)(b) and (c)— renumber as section 109ZA(2)(a) and (b). Page 56 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 7 Amendment of Gaming Machine Act 1991 [s 72] 72 Amendment of s 109ZE (Dealing with amount received on sale of entitlement of the State) Section 109ZE, from ‘community’— omit, insert — consolidated fund. 73 Amendment of s 109ZH (Decrease in, or end of, temporary transfer of entitlements) (1) Section 109ZH(3)(a) to (c)— omit. (2) Section 109ZH(3)(d) and (e)— renumber as section 109ZH(3)(a) and (b). 74 Amendment of s 163 (Approved control system for supply operations) (1) Section 163, heading, ‘Approved control’— omit, insert— Control (2) Section 163(1), ‘an approved control system’— omit, insert— a control system complying with section 164 (3) Section 163(2) and (3)— omit, insert— (2) The licensed supplier must not contravene its control system in the conduct of its supply operations. Maximum penalty—200 penalty units. 2013 Act No. 25 Page 57

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 7 Amendment of Gaming Machine Act 1991 [s 75] (3) A licensed supplier must, on request by the commissioner, make its control system available for inspection by the commissioner. Maximum penalty—200 penalty units. 75 Replacement of ss 164–167 Sections 164 to 167— omit, insert— 164 Requirements for control system (1) A licensed supplier’s control system for supply operations must— (a) be in writing; and (b) include details about each matter stated in subsection (2) for the supply operations, to the extent the matter relates to the internal controls to be put in place by the supplier to protect the integrity of gaming and the conduct of gaming. (2) For subsection (1)(b), the matters are— (a) accounting systems and procedures; and (b) administrative systems and procedures; and (c) computer software; and (d) systems and procedures for the maintenance, security, storage and transportation of equipment; and (e) systems and procedures for using and maintaining security facilities; and (f) the general procedures to be followed for the supply operations. Page 58 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 7 Amendment of Gaming Machine Act 1991 [s 76] 165 Commissioner may give direction about content of control system (1) This section applies if the commissioner considers a licensed supplier’s control system is insufficient for protecting the integrity of gaming and the conduct of gaming. (2) The commissioner may, by written notice to the supplier, direct the supplier to include in its control system additional details about 1 or more matters mentioned in section 164(2) within the reasonable period, and in the way, stated in the notice. (3) If the supplier does not comply with the direction, at the end of the period stated in the notice the supplier’s control system is taken to have been changed in the way stated in the notice. 76 Amendment of s 185 (Meaning of key monitoring employee ) Section 185(1)(c), ‘approved’— omit . 77 Amendment of s 214A (Grounds) Section 214A(4)(a)(i), ‘approved’— omit . 78 Amendment of s 240 (Gaming tokens that are not Australian currency) Section 240(1)— omit, insert — (1) This section does not apply to either of the following gaming tokens— 2013 Act No. 25 Page 59

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 7 Amendment of Gaming Machine Act 1991 [s 79] (a) a gaming token that has no value marked on it, and forms part of a centralised credit system approved under section 231(4); (b) a gaming token that is a ticket, and is used as part of a TITO system approved under section 231(4). 79 Amendment of s 242A (Unclaimed payments) Section 242A(1) and (3), ‘3 months’— omit, insert — 12 months 80 Amendment of s 250 (Defective gaming system components not allowed) (1) Section 250(1)(c)(iv), ‘transactions’— omit, insert— system transactions (2) Section 250(1)(c)— insert— (v) carry out TITO system transactions; 81 Amendment of s 265 (Manufacture, sale, supply, obtaining or possession of gaming machines) (1) Section 265(2) to (4)— omit. (2) Section 265(6), ‘subsection (5)’— omit, insert— subsection (2) (3) Section 265(7) and (8), ‘or (5)’— omit, insert— Page 60 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 128] (ii) that the sale of liquor must cease immediately. 128 Amendment of s 21 (Jurisdiction and powers of tribunal) Section 21(1)(bb), ‘section 155AD(5)(b)’— omit, insert — section 155AD(7)(b) 129 Amendment of s 42A (Commissioner may make guidelines) Section 42A(1)(b), examples, item 2, after ‘statement’— insert — required under section 116 130 Replacement of ss 50 and 51 Sections 50 and 51— omit, insert— 50 Application of pt 3A This part applies in relation to a proposed risk-assessed management plan or revised risk-assessed management plan that must, under section 105A— (a) accompany an application mentioned in section 105A(1); or (b) be given to the commissioner in relation to an application mentioned in section 105A(3). 51 Approval of plan or revised plan If the commissioner grants the application— Page 96 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 131] (a) the commissioner is taken to have approved the risk-assessed management plan or revised risk-assessed management plan; and (b) the commissioner must endorse the plan or revised plan with the commissioner’s written approval and give the endorsed plan to the licensee or permittee who made the application. 131 Amendment of s 52 (Changing plan) Section 52(2), from ‘plan mentioned’— omit, insert— plan. Note — See section 4, definition risk-assessed management plan . 132 Amendment of s 67AA (Principal activity is the provision of entertainment) Section 67AA(2)— omit, insert — (2) The authority of the licence is restricted to the sale and supply of liquor to a person for consumption on the premises— (a) in association with the person being provided entertainment on the premises; or (b) for periods when entertainment is not being provided on the premises—in association with the person eating a meal on the premises, if the meal is prepared, served and intended to eaten on the premises— (i) during a relevant period; and (ii) when the majority of the premises are set up for dining. 2013 Act No. 25 Page 97

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 133] (3) In this section— relevant period , for premises, means— (a) for premises to which an extended trading hours approval applies for trading between 9a.m. and 10a.m.—between 9a.m. and 5p.m.; or (b) if paragraph (a) does not apply—between 10a.m. and 5p.m. 133 Amendment of s 105 (Requirements for applications) Section 105(1A) and (5)— omit . 134 Insertion of new s 105A After section 105— insert — 105A Additional requirement for particular applications—risk-assessed management plan (1) Subsection (2) applies in relation to an application for or relating to a licence or restricted liquor permit made under section 105, other than an application for a subsidiary on-premises licence (meals) relating to low risk premises. (2) The application must be accompanied by— (a) if the application is for a licence or restricted liquor permit—a proposed risk-assessed management plan for the premises to which the application relates; or (b) if the application is a relevant application—a proposed revised Page 98 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 134] risk-assessed management plan for the licensed premises. (3) Subsections (4) and (5) apply in relation to an application made under section 105 for a subsidiary on-premises licence (meals) relating to low risk premises if the commissioner considers an approved risk-assessed management plan or revised risk-assessed management plan for the premises is necessary to— (a) ensure compliance with this Act; or (b) give effect to an agreement about the management of premises that has resulted from a decision of the tribunal; or (c) give effect to the main purposes of this Act mentioned in section 3(a); or (d) minimise alcohol-related disturbances, or public disorder, in a locality. (4) Before deciding the application, the commissioner may, by written notice to the applicant, require the applicant to give the commissioner within the reasonable period of not less than 30 days stated in the notice, a proposed risk-assessed management plan for the premises to which the application relates. (5) The application is taken to be withdrawn if the applicant fails to comply with the notice, unless the commissioner considers the applicant has a reasonable excuse for the non-compliance. (6) In this section— low risk premises means premises the subject of an application to which all of the following apply— (a) if the application were to be granted— 2013 Act No. 25 Page 99

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 135] (i) liquor would not be sold at the premises between 12a.m. and 5a.m.; and (ii) the premises would not be the subject of an adult entertainment permit; (b) the premises are not situated in a restricted area. relevant application means an application for— (a) the transfer of a licence; or (b) a permanent variation of a licence; or (c) an approval for a permanent change in a licensed area; or (d) an extended trading hours approval; or (e) an approval for a change in the principal activity of a business conducted under a licence; or (f) an approval to sell or supply liquor, or allow liquor to be consumed, in a car park of licensed premises. 135 Amendment of s 107A (Additional restriction on grant of licence) Section 107A(4), definition individual , ‘commissioner’— omit, insert — chief executive 136 Amendment of s 107D (Restriction on grant of adult entertainment permit) Section 107D(1)(c), ‘section 103H’— omit, insert — section 103Q Page 100 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 137] 137 Amendment of s 116 (When community impact statement to be given to commissioner) (1) Section 116(1), ‘community impact statement’— omit, insert— statement complying with subsections (8) and (9) (a community impact statement ) (2) Section 116— insert— (1A) However, the commissioner may waive the requirement for a community impact statement if— (a) any of the following apply— (i) the application does not involve a significant change to the licensed premises or the nature or extent of the business carried on from the licensed premises; (ii) the premises are in a remote location; (iii) the purpose of the community impact statement has been, or can be, achieved by other means; (iv) other special circumstances exist; and (b) because of a matter mentioned in paragraph (a), the commissioner is satisfied the statement is not necessary. (1B) Also, without limiting subsection (2), the commissioner may waive the requirement for a community impact statement for an application for a subsidiary on-premises licence (meals) if— (a) the proposed licensed premises are located in a commercial complex; and 2013 Act No. 25 Page 101

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 138] (b) the grant of the licence will not include the grant of an extended trading hours approval for trading between 12a.m. and 5a.m.; and (c) the commissioner is satisfied— (i) the grant of the licence will not adversely affect the amenity of the community; and (ii) amplified entertainment, including, for example, amplified music, will not be provided at the premises. (2) Section 116(2), ‘Subsection (3)’— omit, insert— Subsection (5) (3) Section 116(4)— omit. (4) Section 116(5), ‘subsection (3)’— omit, insert— subsection (5) (5) Section 116(1A) to (8)— renumber as section 116(2) to (9). 138 Amendment of s 117 (Advice about application etc.) Section 117(4), definition relevant application , paragraph (a)— omit, insert — (a) an application for which a community impact statement must be given under section 116; or 139 Amendment of s 118 (Advertisement of applications) (1) Section 118(1)(a) and (b)— Page 102 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 139] omit, insert — (a) a licence or variation of a licence, other than— (i) an application for a subsidiary on-premises licence (meals); or (ii) an approval of a detached bottle shop; (b) a subsidiary on-premises licence (meals) for premises if— (i) the commissioner gives the applicant a notice under section 118AA; or (ii) the applicant has also applied for an extended trading hours approval for the premises that, if granted, would extend trading hours on a regular basis to include trading between 12a.m. and 5a.m.; (ba) an approval of a detached bottle shop, if— (i) the commissioner gives the applicant a notice under section 118AA; or (ii) the detached bottle shop will, if the application is approved, be open for business after 10p.m.; (2) Section 118(1)(ba) to (e)— renumber as section 118(1)(c) to (f). (3) Section 118(2)(a)— omit. (4) Section 118(2)(b) and (c)— renumber as section 118(2)(a) and (b). (5) Section 118(2A), ‘subsection (2)(b)’— omit, insert— subsection (2)(a) 2013 Act No. 25 Page 103

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 140] (6) Section 118(4), ‘subsection (5)’— omit, insert— subsection (6) (7) Section 118(4), ‘subsection (2) or (3)’— omit, insert— subsection (2) or (4) (8) Section 118— insert— (6A) If an application mentioned in subsection (1) is made, the commissioner must publish notice of the application on the department’s website. (9) Section 118(2A) to (7)— renumber as section 118(3) to (9). 140 Insertion of new s 118AA After section 118— insert — 118AA Commissioner may give notice requiring advertisement of particular applications (1) This section applies in relation to an application for— (a) a subsidiary on-premises licence (meals); or (b) an approval of a detached bottle shop. (2) The commissioner may give a notice to the applicant requiring the application to be advertised under section 118 if any of the following apply— (a) for an application for a subsidiary on-premises licence—the commissioner reasonably considers that amplified entertainment, including, for example, Page 104 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 141] amplified music, will be provided at the premises if the application is granted; (b) the commissioner reasonably considers the amenity of the community may be adversely affected by the grant of the application; (c) the premises the subject of the application are not situated in a commercial complex; (d) the commissioner otherwise reasonably considers the application should be advertised having regard to the main purpose of this Act mentioned in section 3(a). 141 Amendment of s 118A (Submissions) Section 118A(1)— omit, insert— (1) This section applies if a notice is published under section 118 about an application for which a community impact statement must be given under section 116. (2) A member of the public may make a written submission to the commissioner about the matters mentioned in section 116(8). 142 Amendment of s 121 (Matters the commissioner must have regard to) Section 121(1)(a)— omit, insert — (a) if a community impact statement is required to be given for the application under section 116— (i) the matters mentioned in section 116(8); and 2013 Act No. 25 Page 105

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 143] (ii) the public interest in so far as it relates to the main purpose of this Act mentioned in section 3(a) or the impact on the amenity of the community; and 143 Amendment of s 122 (Procedure on receipt of objections) Section 122(2)(b), ‘section 118(3)’— omit, insert— section 118(4) 144 Amendment of s 141 (Order to close premises for unlawful trading) (1) Section 141(1) and (2)— omit, insert— (1) This section applies if business is conducted on licensed premises by a person other than— (a) the licensee of the premises; or (b) an approved manager who is an employee of the licensee; or (c) if the licensee for the premises has, or has entered into, an approved arrangement for the premises with another person—an approved manager who is an employee of the other person; or (d) a person authorised by the commissioner under section 131A. (2) The commissioner may give the person conducting business on the premises an order to cease trading in liquor on the premises and to close the premises. (3) A person must not contravene an order under subsection (2). Page 106 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 145] Maximum penalty for subsection (3)—25 penalty units. 145 Amendment of pt 5A, hdg (Trainers for licensee’s course and approved training course) Part 5A, heading, ‘and approved training course’— omit . 146 Amendment of s 142B (Applying for approval as trainer) Section 142B(1), ‘or approved training course’— omit . 147 Amendment of s 142C (Deciding application) Section 142C(2), ‘or approved training course’— omit . 148 Amendment of s 142G (Deciding application) Section 142G(2) and (3)(b), ‘or approved training course’— omit . 149 Amendment of s 142L (Grounds for cancellation) Section 142L(b), ‘or approved training course’— omit . 150 Amendment of s 153 (Letting or subletting of licensed premises) Section 153(4)— omit . 2013 Act No. 25 Page 107

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 151] 151 Amendment of s 155 (Minors on premises) Section 155(4), definition exempt minor , paragraph (d), after ‘club licence’— insert — , community other licence 151A Amendment of s 155AC (Application of div 1A) Section 155AC— insert— (2) To the extent that a holder of a commercial special facility licence has entered into an approved arrangement, this division applies for the licensed premises as if a reference to a licensee in this division were a reference to the lessee, sublessee, franchisee or manager with whom the holder entered into the approved arrangement. 152 Amendment of s 155AD (Who must be present or reasonably available at licensed premises etc.) (1) Section 155AD(2), after ‘ensure that’— insert— a person employed by the corporation as (2) Section 155AD(3)(a) and (b), after ‘ensure that’— insert— a person employed by the individual as (3) Section 155AD(4A) and (4B)— omit, insert— (4A) Without limiting section 107C, the commissioner may, under that section, impose the following conditions on a licence or permit— Page 108 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 153] (a) if the licensee or permittee is a corporation—a condition requiring the corporation to take reasonable steps to ensure a person employed by the corporation as an approved manager is present during the times mentioned in subsection (2)(a) at the premises to which the licence or permit relates; (b) if the licensee or permittee is an individual—a condition requiring the individual to be present, or take reasonable steps to ensure a person employed by the individual as an approved manager is present, during the times mentioned in subsection (3)(a) at the premises to which the licence or permit relates. (4B) For this section, an approved manager is present at premises if the approved manager is— (a) at the premises acting in the capacity of an approved manager; and (b) in control of the premises. Note — See section 142ZF for the responsibilities of an approved manager in control of licenced premises or premises to which a permit relates. (4) Section 155AD(5), ‘For’— omit, insert— Also, for (5) Section 155AD(4A) to (6)— renumber as section 155AD(5) to (8). 153 Replacement of s 155AE (Approved managers register) Section 155AE— omit, insert — 2013 Act No. 25 Page 109

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 154] 155AE Copies of certificates must be available at premises The licensee or permittee must— (a) keep at the premises copies of the current training course certificates and current licensee’s course certificates held by each approved manager employed by the licensee or permittee; and (b) if requested by an investigator at the premises—make the copies available for inspection by the investigator. Maximum penalty—100 penalty units. 154 Amendment of s 155AF (Exemption from obligation under s 155AD(3)) Section 155AF(4)— omit, insert — (4) In this section— present see section 155AD(6). reasonably available see section 155AD(7). 155 Amendment of s 168C (Attempt to take liquor into restricted area) Section 168C(5), definition relevant restricted area— omit. 156 Amendment of s 199 (Definitions for pt 9) Section 199, definition community investment fund — omit . Page 110 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 10 Amendment of Liquor Act 1992 [s 157] 157 Omission of s 219 (Community investment fund) Section 219— omit . 158 Replacement of s 220 (Disbursement of fees etc.) Section 220— omit, insert — 220 Payments into consolidated fund Payments received by the commissioner for all fees and charges under this Act must be paid into the consolidated fund. 159 Amendment of s 309 (Guidelines of chief executive or commissioner continue as guidelines of commissioner) Section 309, heading, ‘or commissioner’— omit, insert — or commission 160 Insertion of new pt 12, div 13 Part 12— insert — Division 13 Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 316 Continuation of existing training course certificate (1) This section applies to a person’s training course certificate in force immediately before the 2013 Act No. 25 Page 111

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 11 Amendment of Lotteries Act 1997 [s 161] commencement of this section (the commencement ). (2) The certificate continues in force until the day that is 3 years after the certificate was given to the person. Part 11 Amendment of Lotteries Act 1997 161 Act amended This part amends the Lotteries Act 1997. 162 Amendment of s 40 (Meaning of key employee ) Section 40(1)(c), ‘approved’— omit . 163 Amendment of s 59 (Grounds) Section 59(3)(a), ‘approved control’— omit, insert — operator’s control 164 Omission of s 99A (Application of lottery tax) Section 99A— omit . 165 Amendment of s 100 (Lottery to be conducted under an approved control system) (1) Section 100, heading, ‘an approved’— Page 112 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 11 Amendment of Lotteries Act 1997 [s 166] omit. (2) Section 100(1), ‘an approved control system’— omit, insert— a control system that complies with section 101 (3) Section 100(2) and (3)— omit, insert— (2) The lottery operator must not contravene its control system in the conduct of the lottery. Maximum penalty—200 penalty units. (3) A lottery operator must, on request by an inspector, make its control system available for inspection by the inspector. Maximum penalty—200 penalty units. 166 Replacement of ss 101–104 Sections 101 to 104— omit, insert— 101 Content of control system (1) A lottery operator’s control system for a lottery must— (a) be in writing; and (b) include details about each matter for the lottery stated in subsection (2), to the extent the matter relates to the internal controls to be put in place by the operator for the following purposes— (i) ensuring amounts payable by the operator to the State for the lottery are worked out and paid under this Act; (ii) protecting the integrity of the conduct of the lottery by the operator. 2013 Act No. 25 Page 113

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 11 Amendment of Lotteries Act 1997 [s 166] (2) For subsection (1)(b), the matters are— (a) accounting systems and procedures; and (b) administrative systems and procedures; and (c) procedures for recording entries, and paying prizes won, in the lottery; (d) computer software; and (e) systems and procedures for the maintenance, security, storage and transportation of equipment; and (f) systems and procedures for using and maintaining security facilities; and (g) the general procedures to be followed for the conduct of the lottery. Page 114 102 Chief executive may give direction about content of control system (1) This section applies if the chief executive considers a lottery operator’s control system for a lottery is insufficient for— (a) ensuring amounts payable to the State under this Act for the lottery are properly worked out and paid; or (b) protecting the integrity of the conduct of the lottery by the operator. (2) The chief executive may, by written notice to the operator, direct the operator to include in its control system additional details about 1 or more matters mentioned in section 101(2) within the reasonable period, and in the way, stated in the notice. (3) If the operator does not comply with the direction, at the end of the period stated in the notice the operator’s control system is taken to 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 11 Amendment of Lotteries Act 1997 [s 167] have been changed in the way stated in the notice. 167 Insertion of new pt 12, div 7 Part 12— insert — Division 7 Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 257 Continuation of offence under s 100 (1) This section applies if a person is alleged to have committed an offence against section 100, as in force immediately before the commencement of this section. (2) Despite the CriminalCode, section 11, a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 , other than this section, had not commenced. 168 Amendment of sch 2 (Decisions of chief executive subject to appeal) Schedule 2, part 1— insert — 102(2) directing a lottery operator to include additional details about a matter in the operator’s control system for conducting a lottery 2013 Act No. 25 Page 115

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 12 Amendment of Recording of Evidence Act 1962 [s 169] 169 Amendment of sch 3 (Dictionary) (1) Schedule 3, definitions approved control system, control system (change) submission and control system submission — omit. (2) Schedule 3, definition control system , ‘and administrative and accounting procedures’— omit. Part 12 Amendment of Recording of Evidence Act 1962 170 Act amended This part amends the Recording of Evidence Act 1962. 171 Amendment of s 5B (Availability of copies of records and transcriptions) (1) Section 5B— insert — (3A) The chief executive may put in place arrangements for providing copies of records or transcriptions to the Supreme Court Library Committee established under the Supreme CourtLibrary Act 1968 , at no cost, for the purposes of enabling the committee to maintain and administer QSIS under that Act. (3B) However, despite an arrangement put in place under subsection (4), the chief executive must not provide to the Supreme Court Library Committee copies of the following records or transcriptions— Page 116 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 13 Amendment of Supreme Court Library Act 1968 [s 172] (a) any part of a record under this Act of a criminal proceeding that has been made while the court is closed under a provision of an Act, or an order made under a provision of an Act requiring the court to be closed; (b) any part of a record under this Act of a criminal proceeding if the court makes an order prohibiting access to, or the disclosure or publication of, the part. (2) Section 5B(3A) to (5)— renumber as section 5B(4) to (7). Part 13 Amendment of Supreme Court Library Act 1968 172 Act amended This part amends the Supreme Court Library Act 1968 . 173 Insertion of new pt 1, hdg Before section 1— insert — Part 1 Preliminary 174 Amendment of s 2 (Definitions) (1) Section 2, ‘In this Act—’— omit, insert — The dictionary in schedule 1 defines particular words used in this Act. 2013 Act No. 25 Page 117

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 13 Amendment of Supreme Court Library Act 1968 [s 174] (2) Section 2— insert— corrective services see the CorrectiveServicesAct 2006 , schedule 4. information technology service provider means the entity whose functions include supplying property or services that consist of or use information technology expertise to administer a database of sentencing information. legal services see the Legal Profession Act 2007 , schedule 2. QSIS see section 17(1). QSIS database see section 17(2). restricted information means sentencing information in the QSIS database, the disclosure of which is prohibited under an Act or order of a court. sentencing information — (a) includes— (i) information about sentencing contained in transcripts or parts of transcripts, of recordings of criminal proceedings; and (ii) other information related to the administration of the criminal justice system in Queensland; but (b) does not include any part of a record or transcript that can not be provided to the committee under the Recording of EvidenceAct 1962 , section 5B(5). (3) Section 2, definitions— relocate to schedule 1, as inserted by this Act. Page 118 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 13 Amendment of Supreme Court Library Act 1968 [s 175] 175 Insertion of new pt 2, hdg After section 2— insert — Part 2 Supreme Court library committee 176 Replacement of s 3, hdg (Supreme Court library committee) Section 3, heading— omit, insert — 3 Constitution of committee 177 Replacement of s 10 (Functions of committee) Section 10— omit, insert — 10 Functions of committee The committee has the following functions— (a) managing and controlling the Supreme Court library; (b) promoting the purposes and interests of the Supreme Court library; (c) doing all things necessary, expedient or desirable for the benefit, preservation, maintenance, upkeep, expansion, improvement and housing of the Supreme Court library; (d) monitoring and collating information about sentences imposed by courts; (e) maintaining and administering QSIS. 2013 Act No. 25 Page 119

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 13 Amendment of Supreme Court Library Act 1968 [s 178] 10A Delegation of particular functions The committee may delegate its functions under part 3 to the following— (a) a member; (b) a subcommittee; (c) an appropriately qualified employee. 178 Insertion of new pt 3 and sch 1 After section 16— insert — Part 3 Queensland Sentencing Information Service 17 Establishment (1) The Queensland Sentencing Information Service ( QSIS ) is established. (2) The purpose of establishing QSIS is to provide a database of sentencing information (the QSIS database ) to help with the administration of the criminal justice system by, for example, helping the courts achieve consistency in sentencing. 18 Sentencing information in QSIS database (1) The committee may give sentencing information to the information technology service provider for inclusion in the QSIS database. (2) The information technology service provider may include the sentencing information in the QSIS database. Page 120 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 13 Amendment of Supreme Court Library Act 1968 [s 178] (3) The committee may allow access to the QSIS database, other than a part of the database containing restricted information, to any entity for a purpose mentioned in section 17(2). (4) The committee may allow access to restricted information only to an entity— (a) entitled to access under section 19(1); or (b) granted access under an arrangement mentioned in section 20. (5) This section applies despite any other Act that restricts or prohibits the disclosure of sentencing information. 19 Access to restricted information (1) Relevant judicial persons are entitled to access to restricted information in the QSIS database. (2) Subject to section 20, the committee may grant access to restricted information in the QSIS database to any of the following— (a) a government entity concerned with— (i) prosecuting offences; or (ii) providing legal services to defendants; or (iii) providing corrective services to offenders; (b) a local government to the extent the local government is concerned with prosecuting offences; (c) a non-government organisation that receives funding from the Commonwealth or a State government to provide legal services to defendants; 2013 Act No. 25 Page 121

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 13 Amendment of Supreme Court Library Act 1968 [s 178] (d) an employee of a non-government organisation who, under an Act, is appointed to enforce compliance with the Act; (e) a part of a government entity concerned with the administration of the criminal justice system; (f) a law practice or an individual Australian legal practitioner concerned with— (i) prosecuting offences; or (ii) providing legal services to defendants. (3) In this section— Australian legal practitioner see the LegalProfession Act 2007 , section 6. government entity — (a) has the meaning given by the Public ServiceAct 2008 , section 24; and (b) includes a government entity of the Commonwealth or another State. law practice see the Legal Profession Act 2007 , schedule 2, definition law practice , paragraph (b). relevant judicial person means any of the following— (a) a judge of the Supreme Court or the District Court; (b) an associate to a judge; (c) a magistrate; (d) a judicial registrar of the Supreme Court, the District Court or the Magistrates Court. Page 122 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 13 Amendment of Supreme Court Library Act 1968 [s 178] 20 Arrangements for access to QSIS database (1) Subsection (2) applies if the committee intends granting an entity access to restricted information on the QSIS database under section 19(2). (2) The committee must first enter into a written arrangement with the entity about the access. (3) Without limiting subsection (2), the arrangement must state— (a) the purposes for which restricted information may be used; and (b) for an arrangement with an entity other than an individual—the persons or category of persons within the entity to whom the restricted information may be disclosed; and (c) that the restricted information may not be disclosed to anyone other than in accordance with the arrangement. 21 Misuse of QSIS information (1) This section applies in relation to an entity that is— (a) allowed access to the QSIS database under section 18(3); or (b) entitled to access to restricted information under section 19(1); or (c) granted access to restricted information under section 19(2). (2) The entity, or persons within the entity, to whom access to the QSIS database is granted must not use the information other than for the purpose for which it was obtained. Maximum penalty— (a) for an individual—100 penalty units; or 2013 Act No. 25 Page 123

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 13 Amendment of Supreme Court Library Act 1968 [s 178] (b) for a corporation—500 penalty units. (3) Subsection (2) does not apply to an entity if, had the entity obtained information in the QSIS database in the performance of the entity’s functions under another Act, use of the information would not have been restricted in the way stated in subsection (2). 22 Use of information permitted despite other Act An entity, or persons within the entity, to whom restricted information obtained under section 19(1) or (2) is disclosed, may use the information for the purpose for which it was obtained, despite any other Act restricting or prohibiting the use of the information. 23 Protection from liability (1) This section applies to a person who, acting honestly, makes information in the QSIS database available to an entity— (a) allowed access under section 18(3); or (b) entitled to access to restricted information under section 19(1); or (c) granted access to restricted information under section 19(2). (2) The person is not liable, civilly, criminally or under an administrative process, for making the information available. (3) Also, merely because the person makes the information available, the person can not be held to have— (a) breached any code of professional etiquette or ethics; or Page 124 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 14 Amendment of Wagering Act 1998 [s 179] (b) departed from accepted standards of professional conduct. (4) Without limiting subsections (2) and (3)— (a) in a proceeding for defamation, the person has a defence of absolute privilege for making the information available; and (b) if the person would otherwise be required to maintain confidentiality about the information under an Act, oath or rule of law or practice, the person— (i) does not contravene the Act, oath or rule of law or practice by making the information available; and (ii) is not liable to disciplinary action for making the information available. Schedule 1 Dictionary section 3 Part 14 Amendment of Wagering Act 1998 179 Act amended This part amends the Wagering Act 1998. 2013 Act No. 25 Page 125

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 14 Amendment of Wagering Act 1998 [s 180] 180 Amendment of s 95 (Meaning of key employee ) Section 95(1)(c), ‘approved’— omit . 181 Amendment of s 123 (Grounds) Section 123(3)(a), ‘approved’— omit, insert — operator’s 182 Omission of s 169 (Application of wagering tax) Section 169— omit. 183 Amendment of s 173 (Authorised wagering to be conducted under an approved control system) (1) Section 173, heading, ‘an approved’— omit. (2) Section 173(1), ‘an approved control system’— omit, insert— a control system complying with section 174 (3) Section 173(2) and (3)— omit, insert— (2) The authority operator must not contravene its control system in the conduct of authorised wagering. Maximum penalty—200 penalty units. (3) An authority operator must, on request by an inspector, make its control system available for inspection by the inspector. Maximum penalty—200 penalty units. Page 126 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 14 Amendment of Wagering Act 1998 [s 184] 184 Replacement of ss 174–177 Sections 174 to 177— omit, insert — 174 Content of control system (1) An authority operator’s control system for authorised wagering must— (a) be in writing; and (b) include details about each matter for the wagering stated in subsection (2), to the extent the matter relates to the internal controls to be put in place by the operator for the following purposes— (i) ensuring amounts payable by the operator to the State for the wagering are worked out and paid under this Act; (ii) protecting the integrity of the conduct of the authorised wagering. (2) For subsection (1)(b), the matters are— (a) accounting systems and procedures; and (b) administrative systems and procedures; and (c) procedures for recording bets and paying winning bets; and (d) computer software; and (e) systems and procedures for the maintenance, security, storage and transportation of equipment; and (f) systems and procedures for using and maintaining security facilities; and (g) the general procedures to be followed for the conduct of the wagering. 2013 Act No. 25 Page 127

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 14 Amendment of Wagering Act 1998 [s 185] 175 Chief executive may give direction about content of control system (1) This section applies if the chief executive considers an authority operator’s control system for authorised wagering is insufficient for— (a) ensuring amounts payable to the State under this Act for the conduct of wagering are properly worked out and paid; or (b) protecting the integrity of the conduct of the authorised wagering. (2) The chief executive may, by written notice to the operator, direct the operator to include in its control system additional details about 1 or more matters mentioned in section 174(2) within the reasonable period, and in the way, stated in the notice. (3) If the operator does not comply with the direction, at the end of the period stated in the notice the operator’s control system is taken to have been changed in the way stated in the notice. 185 Amendment of s 291 (When authority operators may apply for review) Section 291, after ‘chief executive—’— insert — • a decision under section 175 directing an authority operator to include additional details about a matter in the operator’s control system for conducting wagering 186 Insertion of new pt 17, div 5 Part 17— insert — Page 128 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 14 Amendment of Wagering Act 1998 [s 187] Division 5 Transitional provision for Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 340 Continuation of offence under s 173 (1) This section applies if a person is alleged to have committed an offence against section 173, as in force immediately before the commencement of this section. (2) Despite the CriminalCode, section 11, a proceeding for the offence may be started or continued, and the court may hear and decide the proceeding, as if the Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 , other than this section, had not commenced. 187 Amendment of sch 2 (Dictionary) (1) Schedule 2, definitions approved control system, control system (change) submission and control system submission — omit. (2) Schedule 2, definition control system , ‘and administrative and accounting procedures’— omit . 2013 Act No. 25 Page 129

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 15 Amendment of Work Health and Safety Act 2011 [s 188] Part 15 Amendment of Work Health and Safety Act 2011 188 Act amended This part amends the Work Health and Safety Act 2011 . 189 Replacement of s 2 (Commencement) Section 2— omit, insert — 2 Commencement (1) The following provisions commence on 1 January 2014— (a) part 18, division 2; (b) sections 391 and 401; (c) schedule 4, part 1. (2) Sections 395, 396, 397(2) and 398 to 400 commence immediately after the commencement of sections 391 and 401. (3) The remaining provisions commence on a day to be fixed by proclamation. 190 Amendment of sch 4 (Minor and consequential amendments) Schedule 4, part 1, under heading ‘ Electrical Safety Act 2002 ’— insert— 3 Section 210(2)(a), ‘obligation’— omit, insert — duty Page 130 2013 Act No. 25

Liquor and Gaming (Red Tape Reduction) and Other Legislation Amendment Act 2013 Part 15 Amendment of Work Health and Safety Act 2011 [s 190] Editor’s note — Legislation ultimately amended— • Electrical Safety Act 2002 © State of Queensland 2013 Authorised by the Parliamentary Counsel 2013 Act No. 25 Page 131