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2017
LEGISLATIVE
ASSEMBLY
FOR THE
AUSTRALIAN CAPITAL
TERRITORY
CASINO (ELECTRONIC
GAMING) BILL 2017
EXPLANATORY
STATEMENT
Presented by
Gordon Ramsay
MLA
Attorney-General
CASINO (ELECTRONIC GAMING) BILL 2017
INTRODUCTION
This explanatory statement relates to the Casino
(Electronic Gaming) Bill 2017 (the Bill) as presented to the ACT Legislative
Assembly. It has been prepared in order to assist the reader of the Bill and to
help inform debate on it. It does not form part of the Bill and has not been
endorsed by the Assembly. The Statement must be read in conjunction with the
Bill. It is not, and is not meant to be, a comprehensive description of the
Bill. What is said about a provision is not to be taken as an authoritative
guide to the meaning of a provision, this being a task for the courts.
The Bill establishes a new Act – the Casino (Electronic Gaming)
Act – to provide the framework for the introduction of electronic gaming
products in the casino, subject to a casino redevelopment occurring.
The
Bill also makes consequential amendments to the:
• Casino Control
Act 2006;
• Gambling and Racing Control Act 1999;
and
• Gaming Machine Act 2004.
BACKGROUND
The
new Casino (Electronic Gaming) Act (the Act) will form part of the suite of
legislation which regulates gambling in the ACT.
The Gambling and
Racing Control Act 1999 (the Control Act) provides for the administration of
a range of gaming laws, including oversight and regulation of gaming and racing
by the Gambling and Racing Commission established under the Control
Act.
The Control Act is amended by the Bill to provide for the
maximum number of electronic gaming authorisations allowed in the ACT. This
maximum will include any gaming machine authorisations or fully automated table
game (FATG) terminal authorisations held by the casino as well as authorisations
for gaming machines in clubs and hotels.
The Gaming Machine Act
2004 will continue to regulate gaming machines in clubs and
hotels.
The new Act will regulate the acquisition of authorisations to
operate casino gaming machines and FATG terminals, by the casino licensee. The
Act also set outs the circumstances in which the licensee is able to operate
gaming machines and FATG terminals, including requirements about the gambling
harm minimisation measures to be in place.
The Casino Control Act
2006 will continue to regulate the licensing and regulation of the casino.
Under this Act, only one casino licence can be issued in the
ACT.
OVERVIEW OF THE BILL
The Bill will establish a new Act
which, among other things:
• requires the casino to undertake a Social
Impact Assessment (SIA), including eight weeks of public consultation, before
being issued a casino gaming machine authorisation certificate or a casino FATG
authorisation certificate;
• provides for the casino licensee to
acquire gaming machine authorisations from class B (hotel) and class C
(club) licensees under the Gaming Machine Act;
• requires the casino to
forfeit to the Territory one in every three gaming machine authorisations
acquired;
• requires the casino to acquire at least half of its maximum
number of authorisations from small and medium clubs or club groups or from
hotels;
• provides that while class B and C licensees can sell
authorisations to the casino, they cannot sell physical gaming machines to the
casino;
• provides for gaming machine authorisations acquired by the
casino licensee to be restricted so as not to permit the operation of gaming
machines under the authorisations until the casino licensee has completed the
prescribed stage of a casino redevelopment;
• provides that if the
Gambling and Racing Commission is satisfied:
- that the planning and land
authority has certified that the casino licensee has completed the prescribed
stage of development;
- about the suitability of the gaming area and gaming
rules and control procedures; and
- of the sufficiency of harm minimisation
strategies,
the Commission must convert restricted authorisations into casino
gaming machine authorisations and casino FATG terminal authorisations under
which gaming machines and FATG terminals can be operated;
• provides
for restricted authorisations to be forfeited to the Territory where a
redevelopment does not proceed and the reason is within the control of the
casino licensee;
• provides a limited period for restricted
authorisations to be sold back to class C licensees where a redevelopment does
not proceed in circumstances where the development approval coming to an end is
not caused by the actions or omissions of the casino
licensee;
• provides that where restricted authorisations are forfeited
to the Territory the casino licensee cannot claim
compensation;
• limits the number of gaming machine authorisations the
casino can hold to a maximum of 200;
• limits the number of FATG
terminal authorisations the casino can hold to 60, with one authorisation
required for each FATG seat;
• provides for the following harm
minimisation measures:
o a requirement that any casino gaming
machines or FATG terminals are able to be connected to a centralised monitoring
system;
o casino gaming machines are limited to a maximum stake
amount of $5, which can be reduced by regulation;
o casino gaming
machines can only be operated with a pre-commitment system that provides for the
setting of a mandatory net loss limit and voluntary time
limit.
Provisions of the new Act and consequential amendments to the
Casino Control Act ensure that non-compliance with the requirements for the
operation of gaming machines and FATG terminals by the casino will be subject to
relevant disciplinary and offence provisions.
Consequential amendments
insert new provisions in the Control Act providing for the maximum number of
electronic gaming authorisations in the ACT. These provisions are relocated from
the Gaming Machine Act which currently sets the maximum number of electronic
gaming machine authorisations in the Territory, reflecting the fact that
presently only clubs and hotels may acquire or operate these machines.
HUMAN RIGHTS IMPLICATIONS
During the Bill’s development due
regard was given to its compatibility with human rights as set out in the
Human Rights Act 2004 (HRA). Through the operation of forfeiture
provisions when the casino is acquiring authorisations, the measures introduced
in the Bill support the Government’s commitment to reduce the number of
gaming machines in the Territory, which is intended to reduce gambling harm and
support the right to protection of the family and children (section 11
HRA).
The pre-commitment provisions in the Bill engage the right to
privacy and reputation (section 12 HRA).
The Bill includes a number of
strict liability offences and may be seen as engaging the presumption of
innocence until proven guilty (rights in criminal proceedings section 22(1)
HRA).
An assessment of the Bill against section 28 of the HRA is provided
below.
A Compatibility Statement under the HRA has been issued for
the Bill by the Attorney-General.
Section 28 Human Rights Act
Assessment
Section 28 of the HRA provides that human rights are
subject only to reasonable limits set by laws that can be demonstrably
justified in a free and democratic society. Section 28(2) of the HRA provides
that in deciding whether a limit on a human right is reasonable, all relevant
factors must be considered, including:
(a) the nature of the right
affected;
(b) the importance of the purpose of the limitation;
(c) the
nature and extent of the limitation;
(d) the relationship between the
limitation and its purpose; and
(e) any less restrictive means reasonably
available to achieve the purpose the limitation seeks to
achieve.
Right to privacy and reputation, section 12
The
nature of the right affected
Section 12 (Privacy and reputation) of the
HRA provides that everyone has the right not to have his or her privacy, family,
or home or correspondence interfered with unlawfully or arbitrarily, and not to
have his or her reputation unlawfully attacked.
The Bill requires a
casino licensee to provide, operate and maintain a pre-commitment system (PCS)
for casino gaming machines. It will be mandatory for all casino gaming machine
players to set a net loss limit (the amount of money they are prepared to lose
during a playing period). Players may also voluntarily set a time limit on play.
The PCS interfaces with equipment or devices that identify a person intending to
play the casino gaming machine. Therefore, in order for the PCS to function as
intended, it will be necessary for a person wishing to play casino gaming
machines to identify themselves. This requirement engages the right to privacy.
The PCS provisions are set out in part 7 of the Bill.
The importance
of the purpose of the limitation
The intent of the PCS is to minimise the
harms of gambling to the individual player and society generally. The actions of
one problem gambler negatively impacts the lives of between five and ten
others[1]
, and the broader community is impacted through the financial, social and health impacts. Broader impacts associated with problem gambling include suicide, depression, relationship breakdown, lowered work productivity, job loss, bankruptcy and crime, such as fraud.[2]
As noted in a Victorian
study,[3]
low and moderate risk gamblers accounted for the majority of aggregate years
of health life lost:
• 50.24 per cent of harm was experienced by
low-risk gamblers;
• 34.52 per cent of harm was experienced by
moderate-risk gamblers; and
• 15.24 per cent of harm was experienced by
problem gamblers.
It has been suggested that pre-commitment systems may
not be effective in reducing gambling harm. This view is often based on analyses
of voluntary pre-commitment systems, which have not been particularly effective
due to low player take-up. However, as noted by the Productivity
Commission[4]
, the significant social cost of problem gambling – estimated in 2010
to be at least $4.7 billion a year across Australia – means that even
policy measures with modest efficacy in reducing gambling harm are worthwhile
for the individual and the community.
For the reasons outlined, current
harm minimisation strategies are aimed at a population level rather than at the
traditionally targeted ‘problem gamblers’. Making the PCS mandatory,
which requires the provision of personal information, supports these aims. The
provisions in the Bill are considered necessary and reasonable to fulfil the
objectives, noting the protections on the use and disclosure of pre-commitment
information.
The nature and extent of the limitation
A PCS
engages and potentially limits the right to privacy as it will require
individuals to provide personal information to the casino licensee (and the
operator of a PCS if a third-party system is implemented), in order to use
casino gaming machines. Both the casino licensee and the operator of a PCS may
be able to access players' personal information when assisting players to update
details, replace cards and change limits.
The PCS is only mandatory for
individuals who wish to use casino gaming machines. The right to privacy is not
absolute and may be reasonably limited by laws which can be demonstrably
justified in a free and democratic society. The system does not authorise
arbitrary or unlawful interferences in an individual’s privacy –
personal information collected for the PCS may only be used or disclosed with
the individual’s consent, except in limited and clearly defined
circumstances, which are articulated in the Bill.
Pre-commitment
information can only be used or disclosed with the relevant individual’s
consent, where required or authorised by or under an Australian law or a court
or tribunal order, for law enforcement purposes, to perform a function under the
Act or another gaming law or where the information is already lawfully available
to the public. De-identified information may also be disclosed to the Minister
or the administrative unit responsible for the Act, or for research purposes.
Lastly, use or disclosure is also possible to lessen or prevent a serious threat
to a person’s life, health or safety or to public health or safety where
it is unreasonable or impracticable to obtain consent.
Clause 35 of the
Bill provides that a regulation may make provision for the approval and
operation of a PCS. In particular, a regulation may provide for the collection
and secure storage of pre-commitment information. It is intended that the
regulation will address matters relevant to the Territory Privacy
Principles.
Where pre-commitment information is used by or disclosed to
the Commission and its staff, they are bound by the requirements under the
Information Privacy Act 2014. Further strong safeguards are in place for
the handling, confidentiality, and permitted disclosures of information that the
Commission acquires, as a result of exercising functions under or in relation to
a gambling law, under Division 4.4 (Secrecy) of the Gambling and Racing Control
Act. Offence provisions apply for a person making a record of confidential
information other than in accordance with their duties and unauthorised
disclosure. The maximum penalty that can be applied is 50 penalty units,
imprisonment for 6 months or both.
The relationship between the
limitation and its purpose
The PCS is rationally connected to the purpose
of the Bill; that is, to reduce the social harm caused by gambling by requiring
people to place self-imposed constraints on their gambling behaviours. It
provides a means of improving informed consent about the personal and social
costs of gambling and allows users to more easily control their spending.
Linking a person’s identity to the PCS requires personal
information.
The provision of identifying information is an essential
part of the PCS’s effectiveness in reducing gambling harm. Due
consideration was given as to whether casino gaming machine players could engage
in the PCS without identifying themselves (for example, through purchasing a
card pre-loaded with the amount they wish to play on casino gaming machines),
however, this would not achieve the intended aim as players could simply
purchase more cards once they had reached the limit on the first
card.
Less restrictive means reasonably available to achieve the
purpose
In developing the legislation an assessment was made as to
whether any less restrictive means were available to achieve the purpose of the
Bill. There is no less restrictive means reasonably available as the provision
of personal information is an important part of the effectiveness of a mandatory
PCS in minimising gambling harm.
It was considered whether a voluntary
PCS would achieve the intended aim. However, research evidence indicates that
voluntary or ‘opt-in’ systems ‘are of only very limited
effectiveness, as uptake of these systems is typically very
low.’[5] Further, in a voluntary
system consumers do not see pre-commitment as relevant because they do not have
a gambling problem or consider that they can manage their
gambling.[6] The requirement that all
players must engage de-stigmatises use of the PCS. Setting a net loss limit has
benefits for all casino gaming machine players through requiring consideration
of the amount they can afford to lose.
Where a person chooses not to
disclose information sufficient for engagement with the PCS, non-participation
in playing casino gaming machines is a necessary result of that decision. There
is no less restrictive means available that will achieve the intended outcome of
reducing gambling harm.
As outlined above, to the extent that a
mandatory PCS engages a person’s right to privacy, it is considered
reasonable and demonstrably justified in a free and democratic society. The
collection of personal information is proportionate and necessary to ensure the
effectiveness of the PCS. To mitigate the human rights impacts, the Bill
includes specific protections on the use and disclosure of information obtained
in connection with the PCS.
Rights in criminal proceedings ‐
presumption of innocence until proven guilty,
subsection
22(1)
The nature of the right affected
The Bill includes a
number of strict liability offences and may be seen as engaging the presumption
of innocence until proven guilty (rights in criminal proceedings section 22(1)
HRA). The strict liability offences introduced by the Bill, with the exception
of the use or disclosure of pre-commitment information, may only be committed by
the casino licensee (a corporation). The strict liability offences
are:
• acquire an authorisation other than in accordance with the Act
(clause 18);
• allow a person to use a casino gaming machine where the
machine has a stake amount more than $5 or lower amount set by regulation
(clause 26);
• operate a casino gaming machine without a casino gaming
machine authorisation (clause 27);
• operate a FATG terminal without a
casino FATG terminal authorisation (clause 29);
• operate a casino
gaming machine that is not connected to a PCS, or where the machine is connected
to a PCS but the PCS is not functioning in the manner approved by the Commission
(clause 33); and
• use or disclose pre-commitment information otherwise
than in specified circumstances (clause 34).
The imposition of strict
liability offences has the potential to trespass on an individual’s
fundamental human right as set out in subsection 22(1) of the HRA which states
that: “everyone charged with a criminal offence has the right to be
presumed innocent until proved guilty according to law”.
The
Criminal Code 2002, chapter 2 applies to all offences against the new
Casino (Electronic Gaming) Act (see Code, part 2.1). Chapter 2 sets
out the general principles of criminal responsibility (including burdens of
proof and general defences), and defines terms used for offences to which the
Code applies (eg conduct, intention,
recklessness and strict
liability).
During the Bill’s development, careful
consideration has been given as to whether the punishment of offences not
involving fault (strict liability offences) is likely to significantly enhance
the effectiveness of the regulatory regime to achieve compliance through
deterrence. In relation to the additional consideration of whether there are
legitimate grounds for penalising a person even though they lack fault as a
relevant mental element, it is relevant that all but one of the offences
introduced by the Bill can only be committed by the casino licensee which is a
corporate entity, rather than an individual. The remaining offence, use or
disclose pre-commitment information, can be committed by an individual person,
however, it is justifiably a strict liability offence given the privacy
implications of an improper use or disclosure of information held within the
PCS.
Strict liability offences more typically arise in a regulatory
context where for reasons such as consumer protection and public safety, the
public interest in ensuring that regulatory schemes are complied with, requires
the sanction of criminal penalties. In particular, where a defendant can
reasonably be expected, because of his or her professional involvement, to know
what the requirements of the law are, the mental, or fault, element can
justifiably be excluded.
The importance of the purpose of the
limitation
The potential risks of ineffective regulation of access to and
the operation of gaming machines and FATGs include unregulated gambling in an
environment where gambling harm minimisation and other consumer protection
measures are not in place as well as loss of revenue to the ACT Government and
community.
The ACT, like other jurisdictions, has in place comprehensive
regulatory requirements for the operation of gaming venues and gaming equipment.
These are important controls, not only for the protection of consumers of gaming
products, but also to reduce other risks and criminal behaviour associated with
illegal or underground gambling.
Some
provisions of the Bill governing the acquisition of authorisations by the casino
licensee are also intended to support Government gambling harm minimisation
policies to reduce the overall number of gaming machines in the ACT. These
include the provisions requiring half of the authorisations to be acquired from
small to medium clubs or club groups and a one in three forfeiture requirement
when acquiring authorisations.
The strict liability offences in the Bill
are aimed at ensuring that authorisations are acquired and used, and that gaming
machines are acquired, used and disposed of, by the casino licensee, only in
accordance with the Act. For reasons of consumer protection, harm minimisation
and maintaining the integrity of the industry a strong deterrent to
non-compliance is required.
The strict liability offences in the Bill
carry a maximum penalty of 100 penalty units or 50 penalty units. In developing
these offences due regard was given to the guidance provided in the Guide for
Framing Offences that the maximum penalty is usually limited to 50 penalty
units. It was considered necessary and appropriate to provide a higher penalty
for some offences and this aligns with the strong compliance regime provided by
the existing gaming legislation (see, for example, similar offences applying to
class B and C licensees in the Gaming Machine Act).
The nature and
extent of the limitation
The impact on human rights is reduced through
the fact that the strict liability offences apply in all but one instance only
to the casino licensee – a corporate entity – and they are not
applied to individual staff members at the casino or to other persons. The
casino licensee, as the entity with ultimate responsibility for the management
of the casino, is well aware that casino operations are subject to robust
regulatory requirements.
It is reasonable to expect that the casino
licensee knows, or ought to know, its legal obligations. The operation of
electronic gaming products is clearly a regulated activity within the scope of
the decision in R v Wholesale Travel Group Inc [1991] 3 SCR
154.
While the inclusion of strict liability limits the range of defences
that may be available, a number of defences remain open to the accused,
depending on the particular facts of each case. Section 23 (1) (b) of the
Criminal Code provides a specific defence to strict liability offences of
mistake of fact. Subsection 23 (3) of the Criminal Code provides that other
defences may also apply to strict liability offences, which includes the defence
of intervening conduct or event, as provided by section 39 of the Criminal
Code.
In recognition of human rights and in the interest of not unduly
penalising a licensee, the Bill provides for defences for certain strict
liability offences as follows:
• clause 26(7) provides for a reasonable
steps defence in relation to the casino licensee ensuring compliance with the
maximum stake amount for casino gaming machines; and
• clauses 33(2)
and (4) provide for a reasonable steps defence in relation to the casino
licensee ensuring that a casino gaming machine is connected to a PCS, and that
the PCS is functioning in the manner in which it is approved by the
Commission.
As indicated above, the one offence that applies to a
‘person’ rather than the casino licensee is necessary to protect
individuals’ right to privacy under section 12 of the HRA, through
deterring and addressing the inappropriate use or disclosure of pre-commitment
information.
The relationship between the limitation and its
purpose
The overriding rationale for the strict liability offences is to
provide an appropriate deterrent to non-compliance with regulatory measures
which support consumer protection and harm minimisation objectives and maintain
the integrity of the industry.
The offences are an important element in
ensuring the policy intent of the requirements relating to acquisition of
authorisations and use of electronic gaming products in the casino are
realised.
Less restrictive means reasonably available to achieve the
purpose
In developing the legislation an assessment was made as to
whether any less restrictive means were available to achieve the purpose of the
Bill. There is no less restrictive means available as these offences are
required to achieve the Government’s intent.
While the inclusion of
strict liability limits the range of defences that may be available, a number of
defences remain open to an accused, depending on the particular facts of each
case. Section 23 (1) (b) of the Criminal Code 2002 provides a specific
defence to strict liability offences of mistake of fact. Subsection 23 (3)
of the Criminal Code provides that other defences may also apply to strict
liability offences, which includes the defence of intervening conduct or event,
as provided by section 39 of the Criminal Code.
Any limitation by the
Bill on the right to the presumption of innocence until proven guilty is
reasonable and proportionate, noting the public interest benefits in ensuring
compliance of the casino licensee with provisions that support consumer
protection, harm minimisation and maintaining the integrity of the gaming
industry, and ensuring persons do not use or disclose information held within
the PCS except in specified circumstances.
Revenue/Cost
Implications
Implementation of the provisions of the Bill will be
undertaken by Access Canberra on behalf of the Gambling and Racing Commission.
Other than implementation costs, there are no other direct revenue or cost
implications arising from the Bill.
CLAUSE NOTES
Part
1 - Preliminary
Clause 1 Name of Act
This clause is a
formal provision setting out the name of the Act, once commenced, as the
Casino (Electronic Gaming) Act 2017 (the Act).
Clause
2 Commencement
This clause provides that the Act, apart from schedule 4,
will commence on a day fixed by the Minister by written notice. If a provision
has not commenced within 6 months of the day it is notified on the Legislation
Register, the provision will automatically commence on the first day after that
6 month period.
Schedule 4 relates to uncommenced provisions of the
Gaming Machine (Reform) Amendment Act 2015, which will apply a new method
of determining the maximum number of gaming machine authorisations allowed in
the ACT. These are scheduled to commence, by default, on 31 August 2018, and the
Bill preserves the scheduled commencement of these reforms at that
time.
Clauses 3 to 5 Dictionary, Notes, Offences against the Act
– Application of Criminal Code
Clauses 3 to 5 are formal and
technical provisions which, respectively:
• provide that the dictionary
at the end of the Act is part of the Act;
• clarify that a note in the
Act is explanatory and not part of the Act; and
• clarify that other
legislation, such as the Criminal Code, applies in relation to offences against
the Act.
Part 2 – Important concepts
Clause
6 Casino gaming machine authorisation certificate – maximum possible
number of authorisations
Clause 6 sets 200 as the maximum
possible number of casino gaming machine authorisations allowed under a casino
gaming machine authorisation certificate.
Casino gaming machines
are defined in the dictionary in the same terms as electronic class C
gaming machines (otherwise known as poker machines) are defined under the Gaming
Machine Act.
Clause 7 Casino FATG authorisation certificate –
maximum possible number of authorisations
Clause 7 sets 60
as the maximum possible number of terminals connected to a fully automated table
game (FATG) allowed under a casino FATG authorisation certificate.
FATGs
are a new type of gaming product in the ACT and are defined in the dictionary as
an electronic gaming system or equipment that allows more than one person to
play a game that imitates a type of game played at a table, and can be played
from different terminals and without a casino employee conducting the
game.
Clauses 8 and 9 Meaning and publication of social impact
assessment
Clause 8 explains what a social impact
assessment (SIA) is for the purposes of an application by the casino licensee
for an authorisation certificate for either casino gaming machines or FATGs. An
SIA is a written assessment of the likely economic and social impact of the
operation of casino gaming machines or FATGs under the proposed authorisation
certificate. Clause 8(2) provides that regulations may make provision for
the requirements to be satisfied and matters to be addressed by, and information
to be given in, an SIA.
Clause 9 outlines requirements for
publication of an SIA to give an opportunity for public comment on an
SIA.
Clause 9(2) requires that the casino licensee give public
notice of an application for a casino gaming machine authorisation certificate
or a casino FATG authorisation certificate. The public notice must state
that:
• the SIA for the application will be available for inspection
by members of the public for eight weeks, during business hours at a place named
on the Commission’s website and on the website; and
• any written
submissions on the SIA must be made during the comment period.
Clause
9(3) requires that before the comment period begins, the casino licensee
must give the Commission the SIA for the application and a copy of the public
notice.
Clause 9(4) requires that on the day before the public
notice is given, the casino licensee must place a sign containing information
about the application in a prominent position outside each public entrance to
the premises to which the application relates. The casino licensee must ensure
the sign stays there for the comment period.
Clause 9(5) provides
that the requirements of clause 9(4) do not apply where it would be
impractical to comply, and includes examples, such as where building work is
being carried out.
Clause 9(6) sets out matters that must be
included in the information sign, such as a statement of where and when the SIA
will be available, an invitation to make written submissions to the Commission
about the SIA and details of where to get more information about the
application.
Clause 9(7) requires the Commission to make the SIA
available for inspection by members of the public during the comment period,
both at a place named on the Commission’s website and on the website
itself.
Clause 9(8) provides that the Commission can only decide
an application for an authorisation certificate once the public comment period
has ended.
Part 3 – Authorisations for electronic
gaming
Part 3 consists of clauses 10 to 15 which deal with
the process for a casino licensee to apply for a casino gaming machine
authorisation certificate or a casino FATG authorisation
certificate.
Clause 10 Casino gaming machine authorisation certificate
– application
Clause 10 (1) provides for the casino
licensee to apply to the Commission for an authorisation certificate to have up
to the maximum possible number of authorisations for casino gaming machines at
the casino.
Clause 10 (2) requires that the application state the
maximum number of authorisations for casino gaming machines for which the
authorisation certificate is sought and be accompanied by an SIA and any other
prescribed documents.
Under clause 10(3) the Commission may
require, within a specified time, the provision of more information that the
Commission reasonably needs to decide the application.
Clause
10(4) provides that failure to comply with a requirement under clause
10(3) is grounds for the Commission to refuse to consider the application
and that if the Commission refuses to consider the application, the application
lapses.
Clause 45 and Schedule 1 of the Act make a decision
to refuse to consider the application a reviewable decision.
Clause
11 Casino gaming machine authorisation certificate – decision on
application
Clause 11 requires the Commission to issue an
authorisation certificate to the casino licensee for the maximum number of
authorisations for casino gaming machines applied for if the Commission has
considered the SIA and any submission on the SIA and is satisfied the issue of
the authorisation certificate is appropriate.
Clause 45 and
Schedule 1 of the Act make a decision to refuse to issue a casino gaming
machine authorisation certificate a reviewable decision.
Clause
12 Casino gaming machine authorisation certificate –
form
Clause 12(1) sets out formal requirements for a casino
gaming machine authorisation certificate. This includes that the certificate
state:
• the maximum number of authorisations of casino gaming machines
allowed under the authorisation certificate;
• that an authorisation
under the certificate is a restricted authorisation;
• a restricted
authorisation may be converted to a casino gaming machine authorisation under
section 22; and
• a casino gaming machine may only be operated under a
casino gaming machine authorisation.
The authorisation certificate must
also include a schedule that contains a unique identifying number for each
authorisation under the certificate.
Clause 12(2) provides that
further requirements in relation to the form of an authorisation certificate or
authorisation schedule may be prescribed by regulation.
Clause
13 Casino FATG authorisation certificate –
application
Clause 13(1) provides for the casino licensee to
apply to the Commission for an authorisation certificate to have up to the
maximum possible number of authorisations for casino FATG terminals at the
casino.
Clause 13 (2) requires that the application state the
maximum number of authorisations for casino FATG terminals for which the
authorisation certificate is sought and be accompanied by an SIA and any other
prescribed documents.
Under clause 13(3), the Commission may
require, within a specified time, the provision of more information that the
Commission reasonably needs to decide the application.
Clause
13(4) provides that failure to comply with a requirement under clause
13(3) is grounds for the Commission to refuse to consider the application
and that if the Commission refuses to consider the application, the application
lapses.
Clause 45 and Schedule 1 of the Act make a
decision to refuse to consider the application a reviewable
decision.
Clause 14 Casino FATG authorisation certificate –
decision on application
Clause 14 requires the Commission to
issue an authorisation certificate to the casino licensee for the maximum number
of authorisations for casino FATG terminals applied for if the Commission has
considered the SIA and any submission on the SIA and is satisfied the issue of
the authorisation certificate is appropriate.
Clause 45 and
Schedule 1 of the Act make a decision to refuse to issue a casino FATG
authorisation certificate a reviewable decision.
Clause 15 Casino FATG
authorisation certificate - form
Clause 15(1) sets out formal
requirements for a casino FATG authorisation certificate. This includes that the
certificate state:
• the maximum number of authorisations for casino
FATG terminals allowed under the authorisation certificate;
• that an
authorisation under the certificate is a restricted authorisation;
• a
restricted authorisation may be converted to a casino FATG terminal
authorisation under section 22; and
• only one casino FATG terminal may
be operated under each casino FATG terminal authorisation.
The
authorisation certificate must also include a schedule that contains a unique
identifying number for each authorisation under the
certificate.
Clause 15(2) provides that further requirements in
relation to the form of an authorisation certificate or authorisation schedule
may be prescribed by regulation.
Part 4 – Acquiring
authorisations
Part 4 consists of clauses 16 to 20
which set out how the casino licensee may acquire authorisations for the purpose
of, eventually, using those authorisations to operate gaming machine and FATG
terminals. All authorisations must be acquired by the casino licensee from
existing class B (hotel) and class C (club) licensees.
Clause
16 Acquiring authorisations for casino gaming machines and casino FATG terminals
Clause 16 provides that if the casino licensee is issued a
casino gaming machine authorisation certificate or a casino FATG authorisation
certificate and the licensee has less than the maximum number of authorisations
allowed under the certificate the licensee can acquire authorisations from class
B and class C licensees.
Clause 16(2) provides that where the
casino licensee intends to acquire a gaming machine authorisation for conversion
to a casino gaming machine or a casino FATG terminal, the licensee must notify
the Commission about the proposed acquisition.
The note to clause
16(2) points to other provisions of the Act which make certain actions,
including the acquisition of a gaming machine authorisation for conversion to a
casino gaming machine or casino FATG terminal authorisation, a notifiable
action. Provisions in part 10 apply in relation to notifiable
actions, including provisions about when a notifiable action takes effect and
the Commission’s entitlement to seek more information about notifiable
actions.
Clause 16(3) requires the casino licensee to acquire at
least 50 per cent of the maximum number of authorisations allowed under its
authorisation certificate(s) from small and medium clubs and club groups or
hotel licensees (disposing licensees).
Clause 16(4) provides that
an authorisation acquired from a disposing licensee, must be acquired without
the gaming machine operated by the disposing licensee.
Clause
16(5) authorises the disposing licensee to dispose of one or more
authorisations to the casino licensee.
The note to this clause explains
that, under clause 19, the disposing licensee is required to apply to the
Commission for an interim storage permit in respect of any related gaming
machine of an authorisation disposed of to the casino licensee.
Clause
17 Acquiring authorisations – forfeiture requirement
Clause
17 provides that the casino licensee must, generally, acquire authorisations
in groups of three and must forfeit one authorisation to the Territory for every
three authorisations acquired.
Clause 17(1) provides that the
casino licensee must acquire authorisations in groups of three authorisations
(although all three in a group need not be from the same disposing
licensee).
Clause 17(2) provides that an exception to acquisition
of authorisations in groups of three is allowed if the disposing licensee
intends to surrender their authorisation certificate and has less than three
authorisations to dispose of under the certificate.
Clause 17(3)
sets out the requirement for the casino to forfeit, to the Territory, one in
three authorisations acquired. Clause 17(4) makes clear that no
compensation may be claimed from the Territory for forfeited
authorisations.
Clause 18 Offence – acquiring
authorisations
Clause 18 makes it a strict liability offence
for the casino licensee to acquire authorisations other than in accordance with
the Act. The maximum penalty for this offence is 100 penalty
units.
Clause 19 Disposal of gaming machines – application for
storage permit
Clause 19 applies where a class B or C licensee
disposes of an authorisation to the casino licensee. The disposing licensee must
apply for a storage permit for an interim purpose for any related gaming
machine. The provisions for applying for a storage permit are in the Gaming
Machine Act. The disposing licensee must also comply other laws in that Act
relating to disposal of a gaming machine.
Clause 20 Restricted status
of acquired authorisations
Clause 20 makes clear that an
authorisation acquired from a class B or class C licensee becomes a
restricted authorisation when it is acquired. The notes to this
provision explain that a restricted authorisation cannot be used to operate a
casino gaming machine or a casino FATG terminal. The restricted authorisation
must first be converted, through an application to the Commission, to an
authorisation which allows the operation of a casino gaming machine or a casino
FATG terminal.
Part 5 – Conversion of restricted
authorisations
Part 5 consists of clauses 21 to 25 setting
out how restricted authorisations are converted to either casino gaming machine
authorisations or casino FATG terminal authorisations, which can be used to
operate a gaming machine or a FATG terminal.
Clause 21 Conversion of
restricted authorisations - application
Clause 21(1) provides
for the casino licensee to apply to the Commission for conversion of a
restricted authorisation to either a casino gaming machine authorisation or a
casino FATG terminal authorisation.
Clause 21 (2) provides, among
other things, that the application must state the number of restricted
authorisations sought to be converted and to what kind of authorisation
conversion is sought.
Reflecting the policy intent that the introduction
of electronic gaming to the casino is contingent on a casino redevelopment
occurring, clause 21(3) requires that the application for conversion of
restricted authorisations must be accompanied by written evidence that the
planning and land authority has approved a proposal for the redevelopment of the
casino and the casino precinct and certified that the casino licensee has
completed a stage of the development prescribed by regulation for the maximum
number of restricted authorisations to be converted. It is intended that
regulations would be developed which describe what number or proportion of
restricted authorisations are to be converted at particular stages of, or
milestones in, the casino redevelopment.
Other requirements for the
application for conversion of a restricted authorisation include provision to
the Commission of:
• a plan of the development where casino gaming
machines or casino FATG terminals are to be installed including details of the
location, boundaries and dimensions of the proposed gaming area;
• a
copy of rules for gaming to apply to the gaming machines or FATG terminals;
and
• a copy of procedures to control the operation of the gaming
machines or FATGs.
Clause 21(4) provides that the Commission may
require the provision of more information that the Commission reasonably needs
to decide an application for conversion of a restricted
authorisation.
Clause 21(5) provides that the Commission may
refuse to consider an application if the additional information sought is not
provided.
Clause 45 and Schedule 1 of the Act make a
decision to refuse to consider the application a reviewable
decision.
Clause 22 Conversion of restricted authorisations -
decision
Clause 22(1) provides that, in response to an
application, the Commission can convert a restricted authorisation or refuse to
convert a restricted authorisation.
Clause 22(2) provides that the
Commission must convert the number of restricted authorisations stated in the
application to casino gaming machine or casino FATG terminal authorisations, in
accordance with the application, if satisfied:
• the planning and land
authority has approved a proposal for the redevelopment of the casino and the
casino precinct, and certified that the licensee has completed the stage of the
development prescribed for number of restricted authorisations to be converted;
• the location, boundaries and dimensions of the gaming area are
suitable for the installation of the number of gaming machines or FATG
terminals;
• the casino licensee’s gaming rules and control
procedures are adequate; and
• the casino licensee has sufficient harm
minimisation strategies in place.
Clause 22(3) allows the
Commission to convert a lower number of restricted authorisations than applied
for if satisfied that the size and layout of the proposed gaming area are
suitable for the lower number of gaming machines or FATG terminals. This is a
reviewable decision under clause 45 and Schedule 1.
If the
Commission refuses to convert a restricted authorisation, clause 22(4)
requires the Commission to advise the casino licensee of the reason. The refusal
to convert is a reviewable decision under clause 45 and Schedule
1.
Clause 23 Status of restricted authorisations if development
approval ends under Planning and Development Act 2007, s 184 or because no
approval given
Clause 23 provides for the status of restricted
authorisations in the event that a development approval for a casino
redevelopment ends under section 184 of the Planning and Development Act
2007. Section 184 deals with circumstances, such as:
• the
development does not commence within the time allowed;
• the
development is not completed within the time allowed;
• the development
approval is surrendered; or
• the development approval is revoked due
to fraud or misrepresentation.
The clause also provides for the status of
restricted authorisations where no development approval for the redevelopment of
the casino and casino precinct is given within five years after the commencement
of this section. The Bill provides examples of where no approval is given
– including because no development application is made or because a
development application that is made is later withdrawn.
Clause
23(2) provides that, where either of these circumstances apply, any
restricted authorisations are forfeited to the Territory. Clause 23(3)
clarifies that no compensation may be claimed from the Territory in respect of
authorisations forfeited in accordance with clause 23.
Clause
24 Status of restricted authorisations if development approval ends in other
circumstances
Clause 24 provides that where the development
approval for the redevelopment of the casino and casino precinct ends other than
under section 184 or because the development is completed, the casino licensee
may dispose of any restricted authorisations to a class C (club) licensee within
three months of the end of the development approval.
Clause 24(4)
provides that a restricted authorisation not disposed of in this timeframe is
forfeited to the Territory. Clause 24(5) provides that the licensee is
not entitled to claim compensation from the Territory in relation to an
authorisation forfeited under this provision.
This provision is intended
to cover circumstances in which the development approval coming to an end is not
caused by the actions or omissions of the casino licensee – in which case
it would be reasonable to provide an opportunity for the licensee to sell
authorisations which it cannot use.
Clause 25 Status of converted
authorisations if development approval ends
Clause 25
clarifies the status of converted casino gaming machine authorisations and
casino FATG terminal authorisations held by the casino licensee in a
circumstance in which the casino development is not fully completed and the
development approval ends. That is, the casino has met the requirements set out
in clause 21 in order for those authorisations to be converted from restricted
authorisations into operational casino gaming machine or casino FATG terminal
authorisations.
Clause 25(2) makes clear that any such
authorisations remain in force and are able to be used to operate gaming
machines or FATG terminals. It is only restricted authorisations held when a
development approval ends that must be either forfeited or disposed
of.
Part 6 – Acquiring casino gaming machines and casino FATG
terminals
Part 6 consists of clauses 26 to 29
regulating the circumstances in which the casino licensee can acquire casino
gaming machines and FATG terminals.
Clause 26 Acquiring casino gaming
machine under authorisation
Clause 26(1) makes clear that the
casino licensee can only acquire a casino gaming machine under an authorisation
if, when the machine is acquired, the authorisation is a casino gaming machine
authorisation. The casino licensee cannot acquire such a machine relying on a
restricted authorisation. An acquisition is a notifiable action listed in
schedule 2.
Clause 26(2) provides for harm minimisation
measures for casino gaming machines, as follows.
Clause 26(2)(a)
provides that a casino gaming machine must have a maximum stake
amount (bet limit) of $5 or a lower amount set by regulation.
Clause
26(2)(b) provides that a casino gaming machine must be able to be connected
to a centralised monitoring system, approved by the Commission, that monitors
the operation and performance of the machine and performs other related
functions.
Clause 26(2)(c) provides that other harm minimisation
requirements prescribed by regulation may apply to a casino gaming
machine.
Under clause 26(3) the approval of a centralised
monitoring system by the Commission is a notifiable instrument that must be
notified on the Legislation Register.
Clause 26(4) establishes
that a regulation may provide for the approval and operation of a centralised
monitoring system.
Under clauses 26(5) and 26(6) it is strict
liability offence if the casino licensee allows a person to use a casino gaming
machine and the machine has a stake amount more than $5 or lower amount set by
regulation. The maximum penalty for this offence is 100 penalty
units.
Clause 26(7) provides the offence does not apply if the
casino licensee took all reasonable steps to ensure that casino gaming machine
had a stake amount that was not more than $5 or lower amount set by
regulation.
Clause 27 Offence – operating etc casino gaming
machines without casino gaming machine authorisation
Clause 27
makes it an offence for a casino licensee to: possess a casino gaming machine;
install or permit the installation of such a machine; or use or permit the use
of such a machine without a casino gaming machine authorisation. This is a
strict liability offence with a maximum penalty of 100 penalty
units.
Section 28 Acquiring casino FATG terminal under
authorisation
Clause 28(1) makes clear that the casino
licensee can only acquire a casino FATG terminal under an authorisation if, when
the terminal is acquired, the authorisation is a casino FATG terminal
authorisation. The casino licensee cannot acquire such a FATG terminal relying
on a restricted authorisation. An acquisition is a notifiable action listed in
schedule 2.
Clause 28(2) provides for harm minimisation
measures for casino FATG terminals, as follows.
Clause 28(2)(a)
provides that a casino FATG terminal must be able to be connected to a
centralised monitoring system, approved by the Commission, that monitors the
operation and performance of the terminal and performs other related
functions.
Clause 28(2)(b) provides that other harm minimisation
requirements prescribed by regulation may apply to a casino FATG
terminal.
Under clause 28(3) the approval of a centralised
monitoring system by the Commission is a notifiable instrument that must be
notified on the Legislation Register.
Clause 28(4) establishes
that a regulation may provide for the approval and operation of a centralised
monitoring system.
Clause 29 Offence – operating etc casino FATG
terminals without casino FATG terminal authorisation
Clause 29
makes it an offence for a casino licensee to: possess a casino FATG terminal;
install or permit the installation of such a terminal; or use or permit the use
of such a terminal without a casino FATG terminal authorisation. This is a
strict liability offence with a maximum penalty of 100 penalty units.
Part 7 – Casino gaming machines – pre-commitment
system
Clause 30 Definitions – pt 7
Clause
30 establishes definitions of the terms ‘net loss’, ‘net
loss limit’, ‘playing period’, ‘pre-commitment
information’ and ‘pre-commitment system’.
Net
loss is the total amount the person loses when playing the casino gaming
machines, less the amount of winnings paid for playing the gaming
machines.
Net loss limit, in relation to playing one or more
casino gaming machines, means the amount a person playing the machines is
prepared to lose during a playing period.
Playing period
means 24 hours, or a prescribed period set by regulation, or a longer period set
by a player.
Pre-commitment information means information obtained
from the pre-commitment system operated by the casino licensee about a person
using the system.
Pre-commitment system is defined in clause
31.
Clause 31 Meaning of pre-commitment system – pt
7
Clause 31 sets out the definition of ‘pre-commitment
system’ (PCS) for casino gaming machines. A pre-commitment system is an
electronic, computer or communications system, approved by the Commission, that
interfaces with equipment or devices to identify a person
and:
• requires a person to set a net loss limit when playing casino
gaming machines (mandatory pre-commitment to a monetary
limit);
• allows the person to set a limit on the period of play in a
single visit (voluntary pre-commitment to a time limit); and
• prevents
the person from playing a casino gaming machine if the net loss limit is reached
or the time period ends.
Clause 31(2) provides that the
Commission’s approval of a PCS is a notifiable instrument that must be
notified on the Legislation Register.
Clause 32 Casino licensee must
provide PCS for casino gaming machines
Clause 32(1) requires
the casino licensee to provide, operate and maintain a PCS in connection with
casino gaming machines operated in the casino, and provide any services
associated with the PCS.
Clause 32(2) requires the casino licensee
to ensure the PCS meets the following requirements:
• the PCS prevents
a person (a player) playing a casino gaming machine until the person has set a
net loss limit;
• the PCS allows a player to set the amount of a net
loss limit as nil (this operates as a self-exclusionary measure);
• the
net loss limit set by a player applies for a playing period;
• the PCS
must prevent a player from setting a higher net loss limit within a playing
period;
• the PCS allows a player to set a voluntary maximum period of
play; and
• the PCS prevents a player from continuing to play casino
gaming machines after whichever of the following happens
first:
o the player’s net loss limit is
reached;
o if the player nominates a voluntary maximum period of
play, the period ends.
Clause 33 PCS - offences
Clause
33(1) makes it an offence if a casino gaming machine is operated in the
casino and it is not connected to a PCS. Clause 33(3) makes it an offence
if the PCS is not functioning in the manner in which it is approved by the
Commission to function. These are strict liability offences under clause
33(5), with a maximum penalty of 100 penalty units.
Clauses 33(2)
and 33(4) provide that the offences do not apply if the casino licensee took
all reasonable steps to ensure the casino gaming machine was connected to a PCS,
or to ensure that it was functioning in the manner in which it was approved by
the Commission to function.
Clause 34 PCS - use or disclosure of
pre-commitment information
Clause 34 provides for the
circumstances in which pre-commitment information can be used or disclosed, as
follows:
• with the consent of the person to whom it
relates;
• where required or authorised by or under an Australian law,
or a court or tribunal order;
• disclosed to a law enforcement agency
for use in connection with the detection, investigation or prosecution of an
offence;
• in relation to the performance of a function under the
Casino (Electronic Gaming) Act or another gaming law;
• where it has
lawfully been made publicly available;
• disclosed to the Minister or
administrative unit responsible for the Act and the information is
de-identified;
• disclosed for research purposes where it has been
de-identified;
• where it is unreasonable or impracticable to obtain
content and use or disclosure is necessary to lessen or prevent a serious threat
to the life, health or safety of an individual, or to public health or safety.
For example, if the person has a medical emergency in the
casino.
Clause 34(2) makes it an offence to disclose
pre-commitment information except in accordance with the circumstances listed
above. This is a strict liability offence with a maximum penalty of 50 penalty
units.
Clause 34(4) points to the definition of ‘law
enforcement agency’ in the Spent Convictions Act 2000, and includes
an entity prescribed by regulation.
Clause 35 Regulations about
PCS
Clause 35 establishes that a regulation may provide for
the approval and operation of a PCS, in particular for the:
• period
for which a pre-commitment is in force;
• collection of pre-commitment
information; and
• secure storage of pre-commitment
information.
Part 8 – Amendment, surrender and cancellation
of authorisation certificates and authorisation schedules
Part
8 consists of clauses 36 to 44 providing for the Commission to manage
amendments to authorisation certificates or authorisation schedules and the
cancellation or surrender of a certificate or authorisation.
Clause
36 Authorisation certificate amendment –
application
Clause 36(1) allows the casino licensee to apply
to the Commission to amend an authorisation certificate in relation to changes
to the gaming area or the addition of another gaming area.
Clause
36(2) makes clear that an application for an authorisation amendment is not
required to move a gaming machine from one part of a gaming area to another part
of the gaming area.
Clause 37 Authorisation certificate amendment
– contents of application
Clause 37(1) sets out the
formal requirements for an application to amend an authorisation certificate.
This must include an explanation of why the casino licensee is seeking the
amendment.
Clause 37(2) provides that the Commission may, within
the time stated, require the provision of more information that the Commission
reasonably needs to decide an application for amendment of an
authorisation.
Clause 37(3) provides that failure to comply with a
requirement under clause 37(2) is grounds for the Commission to refuse to
consider the application and that if the Commission refuses to consider the
application, the application lapses.
Clause 45 and Schedule
1 of the Act make a decision to refuse to consider an authorisation
certificate amendment application a reviewable decision.
Clause
38 Authorisation certificate amendment decision – gaming area
amendment
Clause 38 provides that, in response to an
application for a gaming area amendment of an authorisation certificate, the
Commission may amend the certificate or refuse to amend the certificate.
Under clause 38(4) the Commission must amend the certificate if it is
satisfied that the gaming area proposed to be changed will be suitable for the
operation of the number of casino gaming machines or casino FATG terminals the
licensee may have under the certificate. Clause 38(5) requires that, in
deciding whether the gaming area is suitable, the Commission must consider harm
minimisation strategies for patrons.
Clause 38(3) requires the
Commission to notify an applicant in writing and provide reasons where the
Commission refuses to amend the certificate.
Clause 45 and
Schedule 1 of the Act make a decision to refuse to amend an authorisation
certificate a reviewable decision.
Clause 39 Amendment of
authorisation certificate and authorisation schedule
Clause 39
provides for the Commission to amend an authorisation certificate or
authorisation schedule.
Clause 39(1) provides that the Commission
may amend an authorisation certificate or authorisation schedule on its own
initiative to correct a mistake, error or omission.
Clause 39(2)
requires the Commission to amend an authorisation certificate to:
• record the conversion of a restricted authorisation to a casino
gaming machine authorisation or to a casino FATG terminal authorisation;
or
• amend the number of authorisations to reflect the forfeiture of
restricted authorisations.
Clause 39(3) requires the Commission to
amend the appropriate authorisation schedule where the casino licensee notifies
the Commission about the acquisition of a casino gaming machine authorisation or
a casino FATG terminal authorisation.
Clause 39(4) requires the
Commission to amend the appropriate authorisation schedule where the casino
licensee notifies the Commission about the disposal of a restricted
authorisation.
Clause 39(5) requires the Commission to amend a
casino gaming machine authorisation schedule to include the serial number of a
casino gaming machine, where the casino licensee notifies the Commission about
the acquisition of the casino gaming machine.
Clause 39(6)
requires the Commission to amend the casino FATG terminal authorisation schedule
to include the serial number of the casino FATG terminal, where the casino
licensee notifies the Commission about the acquisition of the casino FATG
terminal.
Clause 40 Re-issue of amended authorisation certificate and
authorisation schedule
Clause 40 requires the Commission to
issue a replacement authorisation certificate where the certificate has been
amended and to issue a replacement authorisation schedule where the schedule has
been amended.
Clause 41 Cancellation of authorisation certificates and
authorisations on surrender of casino licence
Clause 41
applies where the casino licensee surrenders its casino licence under section 31
of the Casino Control Act.
Clause 41(2) requires the casino
licensee to notify the Commission that the licensee has given the Minister
written notice, under section 31(2) of the Casino Control Act, that the licensee
surrenders the casino licence.
Clause 41(3) requires the
Commission to, in turn, cancel all authorisation certificates held by the
licensee and give the licensee a storage permit for an interim purpose for each
casino gaming machine and casino FATG terminal under the cancelled certificates.
Clause 41(4) provides that where an authorisation certificate or
authorisation is cancelled under this provision, the casino licensee is required
to:
• take meter readings from each casino gaming machine and casino
FATG terminal under the certificate or authorisation;
• render the
machine or terminal inoperable; and
• within the prescribed time after
the day of the cancellation, provide the Commission with the meter readings and
any outstanding amount payable in relation to the casino gaming machine or
casino FATG terminal (such as gaming tax).
Clause 42 Cancellation of
authorisation certificates and authorisations –
forfeiture
Clause 42 provides that if each authorisation
certificate under the casino licence is cancelled under section 41, the casino
gaming machine authorisations and casino FATG terminal authorisations under the
cancelled certificates are forfeited to the Territory.
Clause
42(3) provides that the licensee is not entitled to claim compensation from
the Territory in relation to an authorisation forfeited under this
provision.
Clause 43 Surrender of authorisation certificates and
authorisations
Clause 43 provides a process for the casino
licensee to surrender an authorisation certificate or an authorisation.
Clause 43(2) provides for the casino licensee to surrender an
authorisation certificate or authorisation by notifying the Commission that the
licensee surrenders the authorisation certificate or authorisation.
Under
clause 43(3), where an authorisation certificate or authorisation is
surrendered, the Commission must give the licensee a storage permit for an
interim purpose for each casino gaming machine and casino FATG terminal under
the surrendered certificates, if satisfied that the type of premises to be used
for storage is suitable.
Clause 44 Offence – failure to dispose
of casino gaming machines and casino FATG terminals
Section 44
makes it an offence for the casino licensee, where an authorisation held by the
licensee was cancelled under section 41 or surrendered under section 43, to fail
to dispose of casino gaming machines and casino FATG terminals as required by
the Commission or within the time stated in the interim storage
permit.
The maximum penalty is 100 penalty units.
Under clause
44(2) the offence does not apply where the licensee has taken all reasonable
steps to dispose of the casino gaming machine or casino FATG terminal as
directed by the Commission and within the time stated.
Part 9
– Notification and review of decisions
Part 9
consists of clauses 45 to 47 and provides for certain decisions of
the Commission to be reviewable.
Clause 45 Meaning of reviewable
decision – pt 9
Clause 45 provides that a
reviewable decision is a decision mentioned in schedule 1. These
are decisions to:
• refuse to consider an application for a casino
gaming machine authorisation certificate if additional information is not given
within a stated time;
• refuse to issue a casino gaming machine
authorisation certificate;
• refuse to consider an application for a
casino FATG authorisation certificate if additional information is not given
within a stated time;
• refuse to issue casino FATG authorisation
certificate;
• refuse to consider an application for conversion of a
restricted authorisation if additional information is not given within a stated
time;
• convert a lower number of restricted authorisations than the
number applied for;
• refuse to convert a restricted authorisation to a
casino gaming machine authorisation or casino FATG authorisation;
• refuse to consider authorisation certificate amendment application;
and
• refuse to amend an authorisation certificate.
Clause
46 Reviewable decision notices
Clause 46 requires that if the
Commission makes a reviewable decision it must give a reviewable decision notice
to the casino licensee.
Clause 47 Applications for
review
Clause 47 provides that the people who may apply to the
ACT Civil and Administrative Tribunal for review of a reviewable decision are
the casino licensee and any other person whose interests are affected by the
decision.
Part 10 – Notifiable actions
Part
10 consists of clauses 48 to 52 and provides for certain actions to
be notifiable actions to which particular requirements apply.
Clause
48 Definitions – Act
Clause 48 defines the term
notifiable action. Notifiable actions are listed in schedule 2 and
are:
• acquisition of an authorisation;
• disposal of an
authorisation;
• acquisition of a casino gaming
machine;
• acquisition of a casino FATG terminal;
and
• surrender of a casino licence.
Clause 48 also
defines the term prescribed number of days to mean ten business
days or, if a regulation prescribes a different number of days – that
number of days. This term is relevant to the provisions about when a notifiable
action takes effect.
Clause 49 Notifiable actions
Clause
49(2) provides that a notification by the casino licencee, to the Commission
about a notifiable action, must be in writing, be given to the Commission at
least the prescribed number of days before the casino undertakes the notifiable
action, and include anything else required by regulation.
Clause
49(3) provides for the Commission to, by notice, ask the casino licensee or
a disposing licensee for more information about a notifiable action. Under
clause 49(4), where the Commission gives notice seeking more information
the notice must state a reasonable time in which the information must be
given.
Clause 50 Notifiable actions – date of
effect
Clause 50 provides that a notifiable action does not
take effect until:
• the prescribed number of days after the Commission
receives notification about the notifiable action; or
• if the
Commission allows the notifiable action to take effect on an earlier day –
that day; or
• if the Commission gives a notice requesting more
information about the notification - when the Commission has notified the
licensee that it is satisfied in relation to the additional
information.
Clause 51 Notifiable action – amendment or
cancellation
Clause 51 applies where the casino licensee has
given the Commission a notification about a notifiable action and wants to amend
or cancel the notification.
Clause 51(2) requires that the casino
licensee must give the Commission written notice of the amendment or
cancellation before the notifiable action takes effect.
Clause
51(3) provides that an amendment of a notification about a notifiable action
takes effect ten business days after the day the Commission receives written
notice of the amendment.
Clause 51(4) provides that a cancellation
takes effect when the Commission receives written notice of the
cancellation.
The requirement for certain actions to be notified to the
Commission for a period before they take effect is intended to ensure that the
Commission can make any appropriate inquiries relating to the proposed action.
The intent of notification requirements is to avoid the need for certain
approvals in the Act, noting that the Commission has the power to request
additional information in relation to a notifiable action before it takes
effect. This approach is consistent with the move towards risk‐based
regulation without compromising the strong regulatory oversight of electronic
gaming.
Clause 52 Notifiable actions – s 43
Clause
52 provides that where the licensee notifies the surrender of an
authorisation certificate and authorisations under section 43, the licensee must
provide, as part of the notification, the following information about the
storage of a casino gaming machine or casino FATG terminal:
• the place
where the casino gaming machine or casino FATG terminal is to be
stored;
• the serial number of the casino gaming machine or casino FATG
terminal.
Clause 52(3) provides that on the date of the notifiable
action (the surrender) takes effect under section 50, the casino licensee
must:
• take meter readings from the casino gaming machine or casino
FATG terminal;
• render the casino gaming machine or casino FATG
terminal inoperable; and
• give the Commission details of the meter
readings.
Part 11 – Miscellaneous
Clause
53 Determination of fees
Clause 53 provides for the
determination of fees by the Minister. A fee determination is a disallowable
instrument.
Clause 54 Regulation-making power
Clause
54 is a regulation making power for the Act. Clause 54(2) provides
that the regulations may make provision for matters including:
• the
operation (including restriction of the operation) of peripheral equipment for
casino gaming machines and casino FATG terminals (this includes, for example,
note acceptors);
• the minimum payout for casino gaming machines;
and
• harm minimisation requirements for casino gaming machines and
casino FATG terminals.
Clause 54(3) provides that a regulation may
create offences for contravention of the regulations and fix maximum penalties
of not more than 30 penalty units. This maximum penalty limit is in line with
the maximum established in the Guide for Framing
Offences.
Part 12 – Consequential
amendments
Clause 55 provides that the Act amends
legislation mentioned in schedules 3 and 4. The legislation amended is
the:
• Casino Control Act 2006;
• Gambling and
Racing Control Act 1999; and
• Gaming Machine Act
2004.
Schedule 1 Reviewable
decisions
Schedule 1 sets out the decisions which can be
made under provisions of the Act which are reviewable under section
45.
Schedule 2 Notifiable actions
Schedule 2
sets out the actions which can be taken under provisions of the Act which are
notifiable actions for the purpose of section 48 of the
Act.
Schedule 3 Consequential amendments
Schedule
3 makes consequential amendments to the:
• Casino Control Act
2006;
• Gambling and Racing Control Act 1999;
and
• Gaming Machine Act 2004.
Part 3.1 of
schedule 3 makes amendments to the Casino Control Act.
Items 3.1
to 3.7 amend sections 6, 33 and 34 of the Casino Control Act, to insert
references to the new Casino (Electronic Gaming) Act to:
• provide that
the lawful operation of the casino, in accordance with section 6, is subject to
both the Casino Control Act and the Casino (Electronic Gaming)
Act;
• extend the existing grounds for disciplinary action under
section 33 of the Casino Control Act, to include failure to comply with
requirements of the Casino (Electronic Gaming) Act;
• extend the
existing disciplinary actions that can be taken against the casino licensee, as
set out in section 34 of the Casino Control Act, to include putting conditions
on, or amending, a casino gaming machine authorisation certificate or a casino
FATG authorisation certificate;
• include new disciplinary actions in
section 34 - suspending or cancelling the licensee’s casino gaming machine
authorisation certificate or casino FATG authorisation certificate, ordering the
forfeiture of the gross revenue from the operation of any casino gaming machines
or casino FATG terminals operated in excess of the maximum machines or terminals
allowed under the casino gaming machine authorisation certificate or casino FATG
authorisation certificate and directing the casino licensee about how to dispose
of the excess casino gaming machines or casino FATG terminals; and
• clarify that if the casino licence is suspended or cancelled the
casino gaming machine authorisation certificate and casino FATG authorisation
certificate under the licence are suspended or cancelled.
Item 3.8
amends the Casino Control Act, to insert new sections 38A and 38B about the
consequences of certain disciplinary action that may be taken under the
Act.
38A Disciplinary action in relation to trading authorisations,
casino gaming machines and casino FATG terminals –
directions
New section 38A applies if the Commission takes
disciplinary action against the casino licensee in relation to the licensee
acquiring authorisations for casino gaming machines or casino FATG terminals,
disposing of restricted authorisations or acquiring casino gaming machines and
casino FATG terminals.
New section 38A(2) requires the Commission to give
the casino licensee written directions about how the licensee is to conduct the
acquisition or disposal. New section 38A(3) provides that the directions must
not be inconsistent with the Casino Control Act, the Casino (Electronic Gaming)
Act, any other Territory law or a condition of the casino
licence.
38B Cancellation of casino licence and authorisation
certificates – disposal of casino gaming machines and casino FATG
terminals
New section 38B provides that if the casino licence and
authorisation certificates under it are cancelled under the disciplinary
provisions of the Casino Control Act, the authorisations for casino gaming
machines and casino FATG terminals under the cancelled authorisations are
forfeited to the Territory and the casino licensee must dispose of the related
gaming machines and FATG terminals as the Commission directs.
Failure to
comply with this provision is an offence with a maximum penalty of 100 penalty
units. However, the offence does not apply if the casino has a reasonable excuse
for not complying with the Commission’s direction.
Item 3.9
inserts new definitions in the dictionary in the Casino Control Act for defined
terms in the Casino (Electronic Gaming) Act.
Part 3.2 of
schedule 3 makes amendments to the Gambling and Racing Control
Act.
Item 3.10 amends section 4(ba) of the Gambling and Racing
Control Act to insert a reference to the Casino (Electronic Gaming) Act, in the
list of Acts which constitute gaming laws for the purposes of the Gambling and
Racing Control Act.
Item 3.11 inserts a new Part 6A in the
Gambling and Racing Control Act to establish the maximum number of
authorisations for electronic gaming in the ACT. As gaming machines are
currently only authorised for use in clubs and hotels, the provision
establishing the maximum gaming machine numbers is located in the Gaming Machine
Act which regulates class B and class C licences.
As the Casino
(Electronic Gaming) Act will provide for the casino to operate casino gaming
machines and casino FATG terminals in accordance with the required
authorisations, and as the total number of authorisations for gaming machines
will include those for class B and class C licensees and the casino licensee, as
well as the number of casino FATG terminals, it is appropriate to relocate the
provision setting out the maximum number of gaming machine authorisations in the
overarching Gambling and Racing Control Act.
Item 3.11 inserts new
section 50 of the Gambling and Racing Control Act for this purpose. New section
50 closely follows the provisions of existing section 10 of the Gaming Machine
Act which currently sets the maximum number of authorisations for gaming
machines. It retains the existing formula for determining the maximum number.
There are some changes to the wording of, and definitions for the purpose of,
the provision to reflect that, in the future, electronic gaming will be allowed
under authorisations issued to the casino and will include casino FATG terminals
as well as gaming machines.
Item 3.12 inserts a new part 20 into
the Gambling and Racing Control Act, which includes new sections 100 and 101.
Section 100 is a transitional provision that ensures the existing maximum number
of authorisations is retained when the transfer of the maximum number formula
from the Gaming Machine Act to the Control Act occurs. A notice under
section 10(3) of the Gaming Machine Act in force immediately before the
commencement of section 55 of the Casino (Electronic Gaming) Act is taken to be
a notice under section 50(3) of that Act.
Under section 101, this
transitional provision will expire on the commencement of schedule 4 of the
Casino (Electronic Gaming) Act.
Part 3.3 of schedule 3
amends the Gaming Machine Act.
Item 3.13 omits section 10 from
Part 2A of the Gaming Machine Act, dealing with the maximum number of gaming
machines, consequential on the inclusion of new Part 6A (section 50) of the
Gambling and Racing Control Act to set the maximum number of electronic gaming
authorisations.
Items 3.14 to 3.16 amend sections 127C and 127I of
the Gaming Machine Act, dealing with disposal of gaming machine authorisations,
to allow class B and class C licensees to dispose of authorisations to the
casino licensee.
Item 3.17 amends the dictionary of the Gaming
Machine Act to insert a pointer to the definition of the term casino
licensee in the Casino Control Act.
Schedule 4 Other
amendments – maximum authorisation numbers
Part 4.1
of schedule 4 amends the Gambling and Racing Control Act.
Item
4.1 of the schedule is a technical provision which supports the relocation
of an uncommenced provision setting the maximum number of gaming machine
authorisations to the Gambling and Racing Control Act.
Section 50
incorporates uncommenced provisions of the 2015 reforms for determining the
maximum number of authorisations in the ACT. The Gaming Machine (Reform)
Amendment Act 2015 includes an uncommenced provision replacing section 10 of
the Gaming Machine Act with a provision that sets the maximum number of
authorisations at no more than 15 authorisations for every 1,000 adults
living in the ACT. This amendment is scheduled to commence, by default, on 31
August 2018, if not commenced earlier by notice.
Part 4.2 of
schedule 4 includes provisions that support the relocation of the
uncommenced maximum number of authorisations.
Item 4.3 omits
section 10 of the Gaming Machine Act, which is the current uncommenced provision
under the Gaming Machine (Reform) Amendment Act. This provision sets the maximum
number of authorisations at no more than 15 authorisations for every 1,000
adults living in the ACT and it will be located in the Gambling and Racing
Control Act from the commencement of schedule
4.
Dictionary
The Dictionary provides definitions of
key words and phrases used throughout the Bill. Certain terms relevant to the
Bill are defined in the Legislation Act 2001 and these are outlined at
the start of the Dictionary. Note also that definitions relevant only to
specific provisions may be included within individual clauses.
[1] Productivity Commission (1999), Australia’s Gambling Industries, Report No. 10, AusInfo, Canberra, available at http://www.pc.gov.au/inquiries/completed/gambling/report).
[2] Productivity Commission (2010), Gambling, Report No. 50, AusInfo, Canberra, available at http://www.pc.gov.au/inquiries/completed/gambling-2009/report/gambling-report-volume1.pdf, page 16.
[3] Browne, M, Langham, E, Rawat, V, Greer, N, Li, E, Rose, J, Rockloff, M, Donaldson, P, Thorne, H, Goodwin, B, Bryden, G & Best, T (2016), Assessing gambling-related harm in Victoria: a public health perspective, Victorian Responsible Gambling Foundation, Melbourne, available at (https://www.responsiblegambling.vic.gov.au/__data/assets/pdf_file/0007/28465/Browne_assessing_gambling-related_harm_in_Vic_Apr_2016-REPLACEMENT2.pdf.
[4] Productivity Commission (2010), Gambling, Report No. 50, Canberra, available at http://www.pc.gov.au/inquiries/completed/gambling-2009/report/gambling-report-volume1.pdf, page 16.
[5] Livingston, C, Rintoul, A, Francis, C (2014), ‘What is the evidence for harm minimisation measures in gambling venues?’, Evidence Base, The Australia and New Zealand School of Government, Issue 2 2014, page 10.
[6] Ibid, page 11.