Gaming Control Act 1993

Gaming Control Act 1993

An Act to establish a system for the licensing, supervision and control of casinos and to regulate their use and operation, to establish a system for the supervision and control of gaming machines and keno and to regulate their use and operation and to provide for other matters

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

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Gaming Control Act 1993 .

2.   Commencement

This Act commences on the day on which it receives the Royal Assent.

3.   Interpretation

(1)  [Section 3 Subsection (1) amended by No. 46 of 1996, s. 4 ]In this Act, unless the contrary intention appears –

approved gaming equipment means gaming equipment of a type approved by the Commission under section 80 or 81 ;

approved venue means premises on which a venue operator is licensed to conduct gaming;

authorized person means –

(a) a Commissioner; or

(b) an inspector; or

(c) a person appointed by the Commission in writing to be an authorized person for the purposes of this Act;

casino means premises, or part of premises, defined as a casino for the time being under section 15 ;

casino employee means a special employee having functions in or in relation to a casino;

casino licence means a licence granted and in force under section 13 or 28 ;

casino operator means a person who is a holder of a casino licence;

chips means any tokens, other than gaming tokens, used instead of money for the purpose of gaming;

Commission means the Tasmanian Gaming Commission established under section 123 ;

Commissioner means a member of the Commission;

computer cabinet means the sealed section in a gaming machine which contains the game programme storage medium and the Random Access Memory;

decision, in relation to the Commission, includes determination;

Deed means the Deed made between The Federal Hotels Limited, Australian National Hotels Limited, Tasmanian Country Club-Casino Proprietary Limited and the Crown in right of the State of Tasmania, a copy of which is set out in Schedule 1 ;

electronic monitoring system means any dial-up or on-line real time electronic, computer or communications system or device that is so designed that it may be used, or adapted, to send or receive data from gaming equipment in relation to the security, accounting or operation of gaming equipment;

employ includes engage under a contract for services;

exclusion order means an order under section 105 prohibiting a person from entering, or remaining in, a casino;

existing licence means a licence to operate a casino granted and in force under a repealed Act;

game means a game of chance or a game that is partly a game of chance and partly a game requiring skill;

gaming means the playing of a game for money or other reward, whether by means of a gaming machine or otherwise;

gaming area means a casino or any area in licensed premises to which a licensed premises gaming licence relates approved by the Commission for the conduct of gaming;

gaming equipment means any device or thing used, or capable of being used, for or in connection with gaming and includes linked jackpot equipment and an electronic monitoring system, or a part of, or replacement part for, any such equipment or system;

gaming machine means any device, whether wholly or partly mechanically or electronically operated, that is so designed that –

(a) it may be used for the purpose of playing a game; and

(b) as a result of making a wager on the device by the insertion of a gaming token, winnings may become payable;

gaming machine game means a game designed to be played on a gaming machine and identifiable from all other games by differences in rules or programming;

gaming machine type means a type of gaming machine, including the computer cabinet and computer hardware and software, on which a range of games may be played without any alteration to the gaming machine other than the substitution of a new game programme or an alteration to the information or artwork displayed on the gaming machine;

gaming operation means any activity authorized by a gaming operator's licence;

gaming operator means the holder of a gaming operator's licence;

gaming operator's licence means a licence granted and in force under section 13 or 28 ;

gaming token means Australian currency or any token, credit or any other thing that enables a wager to be made on a gaming machine;

gross profit, in relation to keno, gaming machine games and games approved under section 103 , means the gross profit calculated in accordance with section 136 ;

inspector means a person appointed under section 128 to be an inspector for the purposes of this Act;

jackpot means a winning entitlement to the whole or a part of a special prize pool;

keno means a game in which a person wagers that certain numbers selected by that person will be among a group of numbers randomly selected from a total pool of 80 numbers;

law enforcement agency means –

(a) the police force of this or any other State or of a Territory; or

(b) the Australian Federal Police; or

(c) the National Crime Authority; or

(d) any other authority or person responsible for the enforcement of the laws of the Commonwealth or of this or any other State or of a Territory;

licensed operator means a casino operator or a gaming operator;

licensed premises means premises in respect of which a licence under the Liquor and Accommodation Act 1990 is in force authorizing the sale of liquor for consumption on the premises –

(a) to members of the public, other than in conjunction with the provision of meals; or

(b) to members of the club specified in the licence, a person introduced to the club by a member in accordance with the rules of the club or a person who is a member of the club by reason of a reciprocal arrangement with another club;

licensed premises gaming licence means a licence granted and in force under section 42 ;

licensed premises gaming operator means the person who is the holder of a licensed premises gaming licence;

licensed technician means a person who is the holder of a licence in force under Division 4 of Part 4 ;

linked jackpot arrangement means an arrangement whereby 2 or more gaming machines or other prescribed machines are linked to a device that –

(a) records from time to time an amount which may be payable, or part of which may be payable, as a jackpot; and

(b) for the purpose of recording the amount referred to in paragraph (a) , receives data from each machine to which the device is linked; and

(c) is not capable of affecting the outcome of a game on a machine to which the device is linked;

linked jackpot equipment means any jackpot meter, payout display, linking equipment, computer equipment, programming or other device (other than a gaming machine) forming, or capable of forming, part of a linked jackpot arrangement;

liquor has the same meaning as in the Liquor and Accommodation Act 1990 ;

money clearance means the removal of money, chips or gaming tokens from a drop box;

non-licensed premises means premises in respect of which a licence may be granted under the Liquor and Accommodation Act 1990 authorising the sale of liquor for consumption on the premises –

(a) to members of the public, other than in conjunction with the provision of meals; or

(b) to members of the club specified in the licence, a person introduced to the club by a member in accordance with the rules of the club or a person who is a member of the club by reason of a reciprocal arrangement with another club;

operations, in relation to a casino, means –

(a) the conduct of gaming in the casino; or

(b) other matters affecting or arising out of, activities in the casino;

prescribed duties –

(a) in relation to a special employee, means duties associated with the conduct of gaming specified by the Commission in accordance with subsection (6) ; and

(b) in relation to a technician, means duties associated with the installation and operation of gaming equipment specified by the Commission in accordance with subsection (6) ;

prohibited device means a device –

(a) used or intended to be used for interfering with the normal operation of gaming equipment; or

(b) used or intended to be used for the purpose of enabling a person to count or otherwise record cards dealt in the course of gaming in a casino;

public interest or interest of the public means public interest or interest of the public having regard to the creation and maintenance of public confidence and trust in the credibility, integrity and stability of the conduct of gaming;

record includes any book, account, document, paper or other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or by any other means;

repealed Act means any Act referred to in Schedule 4 ;

restricted area means a physically discrete area within an approved venue which minors must not enter and which is devoted primarily to the conduct of gaming;

Roll means the Roll of Recognized Manufacturers and Suppliers of Gaming Equipment maintained under section 70 ;

sell includes offer for sale;

special employee means a person holding a licence in force under Division 3 of Part 4 ;

special prize pool means a prize pool established for the payment of jackpots;

unrestricted area means the area within an approved venue other than the restricted area;

unrestricted gaming equipment means approved gaming equipment in respect of which a permit under section 82 is in force;

venue operator means a person who is the holder of a licensed premises gaming licence or a casino licence.

(2)  A reference in this Act to conduct of gaming is a reference to –

(a) the management, use, supervision and operation of gaming; and

(b) the sale, redemption or use of chips or gaming tokens; and

(c) the installation, alteration, adjustment, maintenance or repair of gaming equipment; and

(d) the use or distribution of proceeds from gaming; and

(e) accounting, banking, money counting, storage and other acts in connection with or related or incidental to gaming; and

(f) the acceptance of wagers for games of keno.

(3)  For the purposes of this Act, a person other than –

(a) a special employee; or

(b) a licensed technician –

in the performance of his or her duties, is taken to play a gaming machine if the person, directly or indirectly –

(c) inserts a gaming token into the gaming machine; or

(d) causes gaming machine credits to be registered by the gaming machine; or

(e) makes a wager on the gaming machine; or

(f) makes, or participates in making, the decisions involved in playing the gaming machine.

(4)  In this Act –

(a) a reference to a function includes a reference to a power, authority or duty; and

(b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty.

(5)  For the purposes of this Act, corporations are related to each other if they are, under the Corporations Law , related to each other.

(6)  The Commission may, by notice in the Gazette, specify prescribed duties in relation to a special employee and a technician.

(7)  A notice referred to in subsection (6) is not a statutory rule for the purposes of the Rules Publication Act 1953 .

4.   Meaning of "associate"

(1)  A person is an associate of an applicant for a casino licence or of the holder of such a licence if the person –

(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the casino business of the applicant or licence holder, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that casino business; or

(b) holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the casino business of the applicant or licence holder.

(2)  A person is an associate of an applicant for a licence (other than a casino licence) or listing on the Roll or of the holder of such a licence or a person so listed if the person –

(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the gaming operation business of the applicant, licence holder or person listed, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that gaming operation business; or

(b) holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the gaming operation business of the applicant, licence holder or person listed; or

(c) is a relative of the applicant, licence holder or person listed.

(3)  In this section –

relative means spouse (including de facto spouse), parent, child or sibling (whether of the full or half blood);

relevant financial interest, in relation to a business, means –

(a) any share in the capital of the business; or

(b) any entitlement to receive any income derived from the business;

relevant position, in relation to a business, means the position of director, manager or other executive position or secretary, however that position is designated;

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others –

(a) to participate in a directorial, managerial or executive decision; or

(b) to elect or appoint any person to any relevant position.

5.   Act to bind Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

PART 2 - Deed

6.   Approval, execution and effect of Deed

(1)  The Deed is ratified and approved.

(2)  The provisions of the Deed have the force of law as if those provisions were enacted by this Act.

7.   Provisions of this Act to prevail over Deed

If there is an inconsistency between a provision of this Act and a provision or term of the Deed, the provision of this Act prevails.

PART 3 - Licensing of Casinos and Gaming Operations

8.   Gaming in licensed casinos declared lawful

(1)  Despite the provision of any other Act or any law, the conduct and playing of a game and the use of gaming equipment is lawful when the game is conducted, and the gaming equipment is provided, in a casino by or on behalf of the casino operator in accordance with this Act.

(2)  The Racing and Gaming Act 1952 does not apply to the conduct and playing of a game and the use of gaming equipment when the game is conducted, and the gaming equipment is provided, in a casino by or on behalf of the casino operator in accordance with this Act.

(3)  This section does not operate to enable a proceeding to be brought to recover –

(a) money won in the course of gaming in a casino; or

(b) money or a cheque or other instrument given in payment of money so won; or

(c) a loan of money to be wagered in the course of gaming in a casino –

unless the money was won from or wagered with a casino operator.

(4)  The conduct of operations in a casino in accordance with this Act and the conditions of the relevant casino licence is not a public or private nuisance.

(5)  Section 9 of the Police Offences Act 1935 does not apply to implements or articles used or intended to be used in gaming conducted in a casino by or on behalf of the casino operator in accordance with this Act.

9.   Gaming in certain licensed premises declared lawful

(1)  Despite the provisions of any other Act or law, the conduct of gaming is lawful when the gaming is conducted, and the gaming equipment is provided, at licensed premises in respect of which a licensed premises gaming licence is in force in accordance with this Act.

(2)  The Racing and Gaming Act 1952 does not apply to the conduct and playing of a game and the use of gaming equipment when the game is conducted, and the gaming equipment is provided, at licensed premises in respect of which a licensed premises gaming licence is in force by or on behalf of a gaming operator in accordance with this Act.

(3)  The conduct of gaming in licensed premises in respect of which a licensed premises gaming licence is in force in accordance with this Act and the conditions of the relevant licence is not a public or private nuisance.

(4)  Section 9 of the Police Offences Act 1935 does not apply to implements or articles used or intended to be used in gaming conducted at licensed premises in respect of which a licensed premises gaming licence is in force in accordance with this Act.

10.   Conduct of keno by licensed gaming operators declared lawful

(1)  Despite the provisions of any other Act or law, the conduct of the game of keno is lawful when the game is conducted by a gaming operator and the tickets for the game are obtained at licensed premises in respect of which a licensed premises gaming licence is in force in accordance with this Act.

(2)  The Racing and Gaming Act 1952 does not apply to the conduct of the game of keno and the use of gaming equipment when the game is conducted, and the gaming equipment is used, by a gaming operator in accordance with this Act.

(3)  The conduct of the game of keno by a gaming operator in accordance with this Act and the conditions of the licence to conduct the game is not a public or private nuisance.

11.   Authority conferred by casino licence

A casino licence authorizes the holder of the licence, subject to this Act and any conditions to which the licence is subject, to do such of the following things as are specified in the licence:

(a) to purchase or obtain from manufacturers and suppliers listed on the Roll approved gaming equipment;

(b) to purchase or obtain from manufacturers and suppliers unrestricted gaming equipment;

(c) to conduct gaming at a casino;

(d) to sell or dispose of gaming equipment with the approval of the Commission;

(e) to service, repair or maintain gaming equipment through the services of licensed technicians;

(f) to do all things necessarily incidental to carrying on the activities authorized by this section.

12.   Authority conferred by gaming operator's licence

A gaming operator's licence authorizes the holder of the licence, subject to this Act and any conditions to which the licence is subject, to do such of the following things as are specified in the licence:

(a) to purchase or obtain from manufacturers and suppliers listed on the Roll approved gaming equipment;

(b) to purchase or obtain from manufacturers and suppliers unrestricted gaming equipment;

(c) to supply approved gaming equipment to licensed premises gaming operators;

(d) to conduct games of keno;

(e) to conduct gaming machine games at licensed premises in respect of which a licensed premises gaming licence is in force;

(f) to sell or dispose of gaming equipment with the approval of the Commission;

(g) to service, repair or maintain gaming equipment through the services of licensed technicians;

(h) to do all things necessarily incidental to carrying on the activities authorized by this section.

13.   Granting of casino licence and gaming operator's licence

(1)  The Commission must, in accordance with the terms of the Deed, grant a casino licence, in respect of the premises or part of premises for which the existing licence was granted, and a gaming operator's licence to the holder of an existing licence or to a corporation that is related to the holder of that licence.

(2)  The Commission may grant a casino licence in respect of any other premises or part of premises to the holder of an existing licence or to a corporation that is related to the holder of that licence.

(3)  A licence granted under subsection (1) or (2) may be granted subject to such conditions as the Commission thinks fit.

(4)  Where the Deed provides for the issue of a licence to operate a casino and to conduct a gaming operation on an exclusive basis, the Commission must not issue a further licence to operate a casino and to conduct a gaming operation except in accordance with this section.

(5)  If a casino licence or a gaming operator's licence is cancelled or surrendered, the Commission may call for applications for the licence in accordance with section 22 .

(6)  Without limiting the matters to which conditions may relate, the conditions of a licence to operate a casino or to conduct a gaming operation may relate to any matter for which provision is made by this Act or the Deed.

(7)  A licence to operate a casino may be granted in respect of one casino only, but more than one licence may be held by a casino operator concurrently.

(8)  Where the Commission grants a casino licence under subsection (1) , an existing licence to operate the casino in respect of which the casino licence is granted is revoked.

(9)  Where the gaming operator's licence does not authorize the licensee to conduct games of keno, the Commission may, in accordance with section 22 , call for applications for a gaming operator's licence to conduct games of keno.

14.   Amendment of conditions

(1)  The conditions of a casino licence or a gaming operator's licence may be amended in accordance with this section.

(2)  An amendment may be proposed –

(a) by the licensed operator by requesting the Commission in writing to make the amendment; or

(b) by the Commission by giving notice in writing of the proposed amendment to the licensed operator.

(3)  The Commission must give the licensed operator at least 28 days to make submissions to the Commission concerning any proposed amendment and must consider the submissions made.

(4)  The Commission must then decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the licensed operator of its decision.

(5)  An amendment proposed by the Commission must be in the public interest or for the proper conduct of gaming.

(6)  Any amendment that the Commission decides upon takes effect when notice of the decision is given to the licensed operator or on any later date specified in the notice.

15.   Commission to define casino premises

(1)  The boundaries of a casino are to be defined by being specified in the casino licence.

(2)  The Commission may from time to time redefine the boundaries of a casino as the Commission thinks fit and may do so of its own motion or on the application of the casino operator.

(3)  An application for the redefining of the boundaries of a casino must be accompanied by the prescribed fee.

(4)  The defining or redefining of the boundaries of a casino takes effect when the Commission gives written notice of it to the casino operator or on any later date specified in the notice.

(5)  It is to be a condition of a casino licence that no person other than the casino operator or a related corporation may own the premises or any other part of the premises that contains the casino except with the prior written approval of the Commission.

16.   Duration of licence

A casino licence and a gaming operator's licence remain in force for the period specified in the licence unless sooner cancelled or surrendered under this Act.

17.   Mortgage, &c., of licence

(1)  A licensed operator must not mortgage, charge or otherwise encumber or assign a casino licence or gaming operator's licence except with the prior approval of the Commission.

(2)  Where the proposed assignee and the licensed operator are corporations which are related to each other, the consent referred to in subsection (1) is not to be withheld unreasonably.

18.   Financial accommodation

(1)  The Minister and the Commission may enter into an agreement with a licensed operator and a financial institution, registered under the Banking Act 1959 of the Commonwealth, in relation to the provision of financial accommodation to the licensed operator by the financial institution.

(2)  The agreement may specify the actions to be taken by the Commission –

(a) if the licensed operator is placed under external administration under the Corporations Law ; and

(b) if the Commission is empowered under section 20 to cancel or suspend a casino licence or a gaming operator's licence held by the licensed operator.

19.   Licensing under the Liquor and Accommodation Act 1990

While a casino licence is in force, no person other than the casino operator or an employee of the casino operator may hold a licence under the Liquor and Accommodation Act 1990 in respect of the premises or any part of the premises that contains the casino.

20.   Cancellation, &c., of casino licence or gaming operator's licence

(1)  In this section –

disciplinary action means the cancellation or suspension of a casino licence or gaming operator's licence, the issuing of a letter of censure, the variation of the conditions of a casino licence or gaming operator's licence or the imposition of a fine not exceeding 10 000 penalty units;

grounds for disciplinary action means –

(a) in relation to a casino licence, any of the following grounds:

(i) that the casino operator, a person in charge of the casino, an agent of the casino operator or a casino employee has contravened a provision of this Act or a condition of the licence and in the Commission's view the contravention is so serious as to warrant disciplinary action;

(ii) that the casino operator has refused or failed to comply with a written direction made by the Commission under section 93 ;

(iii) that the casino operator has failed to provide information that the operator is required by this Act to provide or has provided information knowing it to be false or misleading;

(iv) that the casino premises are, for specified reasons, no longer suitable for the conduct of casino operations;

(v) that the casino operator is, for specified reasons, considered to be no longer a suitable person to hold the licence;

(vi) that, for specified reasons, it is considered to be no longer in the public interest that the licence should remain in force; and

(b) in relation to a gaming operator's licence, any of the following grounds:

(i) that the gaming operator, a person in charge of the gaming operation, an agent of the gaming operator or an employee of the gaming operator has contravened a provision of this Act or a condition of the licence and in the Commission's view the contravention is so serious as to warrant disciplinary action;

(ii) that the gaming operator has refused or failed to comply with a written direction made by the Commission under section 93 ;

(iii) that the gaming operator has failed to provide information that the operator is required by this Act to provide or has provided information knowing it to be false or misleading;

(iv) that the gaming operator is, for specified reasons, considered to be no longer a suitable person to hold the licence;

(v) that, for specified reasons, it is considered to be no longer in the public interest that the licence should remain in force.

(2)  The Commission may serve on a licensed operator a notice in writing affording the operator an opportunity to show cause within 28 days why disciplinary action should not be taken on the grounds for disciplinary action specified in the notice.

(3)  The licensed operator, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions so made.

(4)  The Commission may then take disciplinary action against the licensed operator as the Commission sees fit and does so by giving written notice to the operator –

(a) of the cancellation or suspension of the casino licence or gaming operator's licence, the variation of the terms of the licence or the imposition of the fine; or

(b) in the form of a letter of censure.

(5)  The cancellation, suspension or variation of a licence under this section takes effect when notice is given to the licensed operator or on a later date specified in the notice.

(6)  A letter of censure may censure the licensed operator in respect of any matter connected with the operation of the casino or the conduct of the gaming operation and may include a direction to the operator to rectify within a specified time any matter giving rise to the letter of censure.

(7)  If any direction given under subsection (6) is not complied with in the specified time, the Commission may, by giving written notice to the licensed operator, cancel, suspend or vary the terms of the licence or impose a fine not exceeding 10 000 penalty units without affording the licensed operator a further opportunity to be heard.

(8)  The Commission may suspend for a period not exceeding 30 days a casino licence or a gaming operator's licence if the licence holder has been or is being placed under external administration under the Corporations Law .

(9)  If after the expiration of the period referred to in subsection (8) , the licence holder remains under external administration under the Corporations Law , the Commission may suspend for a further period the casino licence or gaming operator's licence or cancel such a licence.

(10)  The Commission may not exercise its powers to cancel or suspend a casino licence or a gaming operator's licence in a manner that is contrary to an agreement under section 18 .

(11)  A casino licence and a gaming operator's licence is of no effect for the purposes of section 8 and a gaming operator's licence is of no effect for the purposes of section 9 and 10 while it is suspended but the suspension does not affect its operation for any other purpose.

(12)  A fine imposed under this section may be recovered as a debt due to the Crown.

21.   Surrender of licence

(1)  A licensed operator may surrender a casino licence or a gaming operator's licence by giving notice in writing to the Commission.

(2)  The surrender takes effect only if the Commission consents to the surrender.

22.   Action to be taken if licence cancelled, &c.

(1)  If a casino licence or a gaming operator's licence is cancelled or surrendered, the Commission may, if it is satisfied that it is in the public interest to do so, call for applications for the licence.

(2)  An application must be in a form approved by the Commission and must be accompanied by the prescribed fee.

(3)  The application must contain or be accompanied by such additional information as the Commission may request.

(4)  If a requirement made by this section is not complied with, the Commission may refuse to consider the application.

(5)  If an application is refused under subsection (4) or withdrawn by the applicant, the Commission, at its discretion, may refund the whole or part of the application fee.

23.   Matters to be considered in determining application

(1)  The Commission must not grant an application for a casino licence or a gaming operator's licence unless satisfied that the applicant, and each associate of the applicant, is a suitable person to be concerned in or associated with the management and operation of a casino or a gaming operation.

(2)  In particular, the Commission must consider whether –

(a) each such person is of good repute, having regard to character, honesty and integrity; and

(b) each such person is of sound and stable financial background; and

(c) in the case of an applicant that is not a natural person, the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; and

(d) the applicant has or is able to obtain financial resources that are adequate to ensure the financial viability of the casino or gaming operation and the services of persons who have sufficient experience in the management and operation of a casino or gaming operation; and

(e) the applicant has sufficient business ability to maintain a successful casino or gaming operation; and

(f) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and

(g) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity.

24.   Investigation of application

(1)  On receiving an application for a casino licence or a gaming operator's licence, the Commission must cause to be carried out all such investigations and inquiries as it considers necessary to enable it to consider the application properly.

(2)  The Commission –

(a) may require any person it is investigating in relation to the person's suitability to be concerned in or associated with the management or operation of a casino or of a gaming operation to consent to have his or her photograph, finger prints and palm prints taken; and

(b) must refer a copy of the application and of any such photograph, finger prints and palm prints and any supporting documentation to the Commissioner of Police.

(3)  The Commission of Police must inquire into and report to the Commission on such matters concerning the application as the Commission requests.

(4)  The Commission may refuse to consider an application for a casino licence or a gaming operator's licence if any person from whom it requires a photograph, finger prints or palm prints under this section refuses to allow his or her photograph, finger prints or palm prints to be taken.

25.   Commission may require further information, &c.

(1)  The Commission may, by notice in writing, require a person who is an applicant for a casino licence or a gaming operator's licence or a person whose association with the applicant is, in the opinion of the Commission, relevant to the application to do any one or more of the following:

(a) to provide, in accordance with directions in the notice, any information, verified by statutory declaration, that is relevant to the investigation of the application and is specified in the notice;

(b) to produce, in accordance with directions in the notice, any records relevant to the investigation of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them;

(c) to authorize a person described in the notice to comply with a specified requirement of a kind referred to in paragraph (a) or (b) ;

(d) to furnish to the Commission any authorities and consents that the Commission directs for the purpose of enabling the Commission to obtain information, including financial and other confidential information, concerning the person and his or her associates or relations from other persons.

(2)  If a requirement made under this section is not complied with, the Commission may refuse to consider the application concerned.

26.   Cost of investigations to be paid by applicant

(1)  The reasonable costs incurred by the Commission in investigating and inquiring into an application for a casino licence or a gaming operator's licence are payable to the Commission by the applicant, unless the Commission determines otherwise in a particular case.

(2)  The Commission may require part or full payment in advance of the amount it estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.

(3)  Investigation and inquiry costs may include travelling expenses within or outside the State.

(4)  It is a condition of any licence granted to the applicant that any amount payable under this section by the applicant is paid.

27.   Updating of application

(1)  If a change occurs to the information provided in or in connection with an application for a casino licence or a gaming operator's licence (including any documents lodged with the application) before the application is granted or refused, the applicant must as soon as possible give the Commission written particulars of the change verified by statutory declaration.

Penalty:  Fine not exceeding 50 penalty units.

(2)  When particulars of the change are given, those particulars must then be considered to have formed part of the original application for the purposes of the application of subsection (1) to any further change in the information provided.

28.   Determination of application

(1)  The Commission is to determine an application for a casino licence or a gaming operator's licence by either granting or refusing the application and is to notify the applicant in writing of its decision.

(2)  A casino licence and a gaming operator's licence may be granted subject to such conditions as the Commission thinks fit.

(3)  Without limiting the matters to which conditions may relate, the conditions of a casino licence or a gaming operator's licence may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act.

(4)  The Commission is not required to give reasons for its decision on an application but may give reasons if it thinks fit.

(5)  If an application is granted, a licence to operate a casino or to conduct a gaming operation is granted for the term, and subject to the conditions, specified in the licence.

29.   Licence cannot be granted without Minister's approval

(1)  Except as provided in section 13 (1) , the Commission must not grant a casino licence or a gaming operator's licence to any person unless the Minister has approved the granting of such a licence to that person and has advised the Commission of any terms and conditions to be included in the licence.

(2)  Before approving the granting of a casino licence under subsection (1) , the Minister must cause notification of intent to approve the granting of the casino licence, together with any terms and conditions to be included in the licence, to be laid before each House of Parliament.

(3)  Either House of Parliament may pass a resolution directing the Minister not to approve the granting of the casino licence, of which notice has been given, within 15 sitting days of the notification being laid before the House.

(4)  Where a resolution under subsection (3) has been passed by a House, the Minister must not approve the granting of the casino licence.

30.   Change in situation of licensed operator

(1)  In this section –

major change in the situation existing in relation to a licensed operator means –

(a) any change in that situation which results in a person becoming an associate of the licensed operator; or

(b) any other change in that situation which is of a class or description prescribed as a major change for the purposes of this section;

minor change in the situation existing in relation to a licensed operator means any change in that situation that is prescribed as a minor change for the purposes of this section.

(2)  A licensed operator must –

(a) ensure that a major change in the situation existing in relation to the operator which is within the operator's power to prevent occurring does not occur except with the prior approval in writing of the Commission; and

(b) notify the Commission in writing of the likelihood of any major change in the situation existing in relation to the operator to which paragraph (a) does not apply as soon as practicable after the operator becomes aware of the likelihood of the change; and

(c) notify the Commission in writing of any major change in the situation existing in relation to the operator to which paragraphs (a) and (b) do not apply within 3 days after becoming aware that the change has occurred; and

(d) notify the Commission in writing of any minor change in the situation existing in relation to the operator within 14 days after becoming aware that the change has occurred.

Penalty:  Fine not exceeding 50 penalty units.

(3)  If a major change for which the approval of the Commission is sought under this section involves a person becoming an associate of the licensed operator, the Commission must not grant its approval unless satisfied that the person is a suitable person to be associated with the management of a casino or of a gaming operation.

(4)  Sections 24 and 25 apply to and in respect of an application for approval under this section in the same way as they apply to and in respect of an application for a casino licence or a gaming operator's licence.

PART 4 - Licensing of Licensed Premises Operators, Employees and Technicians and Listing of Manufacturers

Division 1 - General

31.   Authority conferred by licensed premises gaming licence

A licensed premises gaming licence authorizes the holder of the licence, subject to this Act and any conditions which the licence is subject, to do such of the following things as are specified in the licence:

(a) to obtain from a gaming operator, gaming equipment of a type approved by the Commission under section 80 or 81 ;

(b) to possess gaming machines and other gaming equipment at the licensed premises to which the licence relates;

(c) to accept wagers and make payments for games of keno;

(d) to do all things necessarily incidental to carrying on the activities authorized by this section.

32.   Authority conferred by a special employee's licence

A special employee's licence authorizes the holder of the licence, subject to this Act and any conditions to which the licence is subject, to be employed or work for a venue operator or gaming operator and to carry out prescribed duties.

33.   Authority conferred by a technician's licence

A technician's licence authorizes the holder of the licence, subject to this Act and any conditions to which the licence is subject, to service, repair or maintain gaming equipment and to carry out prescribed duties.

34.   Authority conferred by listing on the Roll

A person whose name is listed on the Roll is authorized, subject to this Act –

(a) to manufacture, sell or supply gaming machines and gaming machine games of a type approved by the Commission under section 80 ; and

(b) to manufacture, sell or supply other gaming equipment of a type approved by the Commission under section 81 ; and

(c) to enter into arrangements with licensed operators to service, repair or maintain gaming equipment through the services of licensed technicians.

35.   Offence to breach licence conditions

The holder of a licensed premises gaming licence must comply with all conditions, if any, to which the person's licence is subject.

Penalty:  Fine not exceeding 2 500 penalty units.

Division 2 - Licensed premises gaming licence

36.   Application for licensed premises gaming licence

(1)  A person may apply to the Commission to be granted a licensed premises gaming licence for licensed premises.

(2)  An application for a licence must be made in a form approved by the Commission and must be accompanied by the prescribed fee.

(3)  On receipt of an application, the Commission must forward information that it considers appropriate concerning the application to the gaming operator from whom the applicant proposes to obtain gaming equipment.

(4)  The gaming operator must, within 28 days of the receipt of the application, advise the Commission of the suitability of the premises in respect of which it is proposed to grant a licensed premises gaming licence and any other matter relating to the application that the gaming operator considers necessary.

(5)  The gaming operator does not incur any liability in respect of advice provided in good faith to the Commission under subsection (4) .

(6)  Within 14 days of making an application to the Commission, the applicant must cause to be published in a newspaper circulating in the area in which the licensed premises are situated a notice containing the information required by the Commission and a statement that any person may object to the grant of a licence by giving notice in writing to the Commission within 14 days of the date of publication and stating the grounds for the objection.

(7)  If a requirement imposed on the applicant under this section is not complied with, the Commission may refuse to consider the application.

(8)  If an application is refused under subsection (7) or withdrawn by the applicant, the Commission, at its discretion, may refund the whole or part of the application fee.

37.   Grounds for objection

(1)  A person may object to the grant of a licensed premises gaming licence on any of the following grounds:

(a) that the applicant or an associate of the applicant is not of good repute having regard to character, honesty and integrity;

(b) that the applicant or an associate of the applicant has a business association with a person, body or association who or which is not of good repute having regard to character, honesty and integrity;

(c) that a director, partner, trustee, executive officer or the secretary or any other officer or person associated or connected with the ownership, administration or management of the conduct of gaming of the business of the applicant is not a suitable person to act in that capacity.

(2)  The Commission must consider every objection made under subsection (1) .

38.   Matters to be considered in determining application

(1)  The Commission must not grant an application for a licensed premises gaming licence unless satisfied that –

(a) the applicant and each associate of the applicant is a suitable person to be concerned in or associated with the management and operation of an approved venue; and

(b) the applicant's premises are suitable for the management and operation of gaming machines or for the conduct of keno, or both.

(2)  In particular, the Commission must consider whether –

(a) the applicant and each associate of the applicant is of good repute, having regard to character, honesty and integrity; and

(b) each person is of sound and stable financial background; and

(c) in the case of an applicant that is not a natural person, the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; and

(d) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and

(e) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity; and

(f) the size, layout and facilities of the applicant's premises are suitable; and

(g) the proposed security arrangements are adequate.

39.   Investigation of application

(1)  On receiving an application for a licensed premises gaming licence, the Commission must cause to be carried out all investigations and inquiries that it considers necessary to enable it to consider the application properly.

(2)  The Commission must refer a copy of the application and any supporting documentation to the Commissioner of Police.

(3)  The Commissioner of Police must inquire into and report to the Commission on any matters concerning the application that the Commission requests.

40.   Commission may require further information, &c.

(1)  The Commission may, by notice in writing, require a person who is an applicant for a licensed premises gaming licence or a person whose association with the applicant is, in the opinion of the Commission, relevant to the application to do any one or more of the following:

(a) to provide, in accordance with directions in the notice, any information that is relevant to the investigation of the application and is specified in the notice;

(b) to produce, in accordance with directions in the notice, any records relevant to the investigation of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them;

(c) to consent to having his or her photograph, finger prints and palm prints taken by the Commission;

(d) to authorize a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b) ;

(e) to furnish to the Commission any authorities and consents that the Commission directs for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the person and his or her associates from other persons.

(2)  If a requirement made under this section is not complied with, the Commission may refuse to consider the application concerned.

(3)  The Commission must refer a copy of any photograph, finger prints, palm prints and any supporting documentation to the Commissioner of Police.

(4)  The Commissioner of Police must inquire into and report to the Commission on any matters concerning the application that the Commission requests.

41.   Updating of application

(1)  If a change occurs in the information provided in or in connection with an application for a licensed premises gaming licence (including in any documents lodged with the application), before the application is granted or refused, the applicant must forthwith give the Commission written particulars of the change.

Penalty:  Fine not exceeding 50 penalty units.

(2)  When particulars of the change are given, those particulars must then be considered to have formed part of the original application for the purposes of the application of subsection (1) to any further change in the information provided.

42.   Determination of application

(1)  The Commission must determine an application for a licensed premises gaming licence by either granting or refusing the application and must notify the applicant in writing of its decision.

(2)  Where an application is granted, the Commission may grant a licensed premises gaming licence to take effect immediately or on and from a date to be determined by the Commission.

(3)  A licensed premises gaming licence may be granted subject to any conditions that the Commission thinks fit and must specify whether acceptance of wagers for games of keno is permitted, the number of gaming machines permitted (if any) and the gaming area approved for the licensed premises.

(4)  It is to be a condition of any licensed premises gaming licence granted to take effect before 1 January 1997 that the person to whom the licence is granted must not possess, before that date, gaming machines for any purpose other than the installation of those machines.

(5)  Without limiting the matters to which conditions may relate, the conditions of a licensed premises gaming licence may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act.

(6)  The Commission must give reasons for its decision to refuse an application.

(7)  If an application is granted, the licensed premises gaming licence is granted for a term not exceeding 5 years, subject to the conditions, and for the licensed premises, specified in the licence.

43.   Transfer of licensed premises gaming licence

A licensed premises gaming licence is not transferable to any other person or licensed premises.

44.   Amendment of conditions

(1)  The conditions of a licensed premises gaming licence may be amended in accordance with this section.

(2)  An amendment may be proposed –

(a) by the licensee by requesting the Commission in writing to make the amendment and giving reasons for the request; or

(b) by the Commission by giving notice in writing of the proposed amendment and giving reasons to the licensee and the gaming operator who places gaming equipment in those licensed premises.

(3)  Where it is proposed to amend a condition of a licensed premises gaming licence to authorize the possession and operation of gaming machines at the licensed premises, the Commission must not make the proposed amendment unless it is satisfied as to the matters specified under section 38 .

(4)  The Commission must give the licensee and the gaming operator at least 28 days to make submissions to the Commission concerning any proposed amendment (whether proposed by the Commission or the licensee) and must consider the submissions made.

(5)  The Commission must then decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the licensee and gaming operator of its decision.

(6)  An amendment proposed by the Commission must be in the public interest or for the proper conduct of gaming.

(7)  Any amendment that the Commission decides upon takes effect when notice of the decision is given to the licensee or on any later date that may be specified in the notice.

45.   Notification of certain applications concerning liquor licence

(1)  The holder of a licensed premises gaming licence must give notice in writing to the Commission if any of the following occurs:

(a) an application is made under Part 2 of the Liquor and Accommodation Act 1990 to vary, transfer or surrender a licence or permit under that Act in respect of the licensed premises to which the licensed premises gaming licence relates;

(b) the Commissioner for Licensing or the Liquor Licensing Board advises the operator of an intention to cancel or suspend a licence or permit issued under Part 2 of the Liquor and Accommodation Act 1990 .

(2)  [Section 45 Subsection (2) amended by No. 46 of 1996, s. 5 ]If a licence under the Liquor and Accommodation Act 1990 in respect of licensed premises to which a licensed premises gaming licence relates –

(a) is cancelled or surrendered, the licensed premises gaming licence is immediately cancelled; or

(ab) is transferred, the licensed premises gaming licence is cancelled unless the Commission determines otherwise; or

(b) is suspended for a period of time, the licensed premises gaming licence is immediately suspended for the same period.

46.   Modification of gaming areas

(1)  The holder of a licensed premises gaming licence must not modify a gaming area in licensed premises in respect of which the licence is in force without the prior written approval of the Commission.

Penalty:  Fine not exceeding 100 penalty units.

(2)  The Commission may grant, with or without conditions, or refuse to grant an application for approval of modification of a gaming area having regard to –

(a) the size, layout and facilities of the licensed premises; and

(b) any other matter that the Commission considers relevant.

47.   Disciplinary action

(1)  [Section 47 Subsection (1) amended by No. 46 of 1996, s. 6 ]In this section –

disciplinary action means the cancellation or suspension of a licensed premises gaming licence, the variation of the terms of such a licence, the imposition of a fine not exceeding 50 penalty units or the issuing of a letter of censure;

grounds for disciplinary action in relation to a licensed premises gaming licence means any of the following grounds:

(a) that the licence was improperly obtained in that, at the time the licence was granted, there were grounds for refusing it;

(b) that the licensee has failed to provide information that the licensee is required by this Act to provide or has provided information knowing it to be false or misleading;

(c) that there have been repeated breaches in the licensed premises in respect of which a licensed premises gaming licence is in force of rules made by the Commission under section 91 ;

(d) that the licensed premises in respect of which a licensed premises gaming licence is in force is, for specified reasons, no longer suitable for the conduct of gaming;

(e) that the licensee has contravened this Act and in the Commission's view the contravention is so serious as to warrant disciplinary action;

(f) that the licensee is, having regard to the matters set out in section 38 (2) , considered to be no longer a suitable person to hold the licence.

(2)  The Commission may serve on a licensee a notice in writing affording the licensee an opportunity to show cause within 28 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice.

(3)  The licensee, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions so made.

(4)  The Commission may then take disciplinary action against the licensee as the Commission sees fit and does so by giving written notice to the licensee –

(a) of the cancellation or suspension of the licensed premises gaming licence or the variation of the terms of the licence; or

(b) in the form of a letter of censure.

(5)  The cancellation, suspension or variation of a licensed premises gaming licence under this section takes effect when the notice is given or on a later date specified in the notice.

(6)  A letter of censure may censure the licensee in respect of any matter connected with the operation of the licensed premises in respect of which a licensed premises gaming licence is in force and may include a direction to the licensee to rectify within a specified time any matter giving rise to the letter of censure.

(7)  If any direction given under subsection (6) is not complied with in the specified time, the Commission may, by giving written notice to the licensee, cancel, suspend or vary the terms of the licensed premises gaming licence without affording the licensee a further opportunity to be heard.

(8)  A licensed premises gaming licence is of no effect for the purposes of section 9 while it is suspended but the suspension does not affect its operation for any other purposes.

(9)  The Commission may cancel or suspend a licensed premises gaming licence if the licence holder has been or is being placed under external administration under the Corporations Law .

48.   Provisional licence

(1)  The Commission may grant a provisional licensed premises gaming licence to a person for licensed premises in respect of which a licensed premises gaming licence was in force immediately preceding the grant of the provisional licensed premises gaming licence.

(2)  Subject to subsection (3) , a provisional licensed premises gaming licence expires at the end of the period of 90 days after it is granted.

(3)  The Commission may extend the period referred to in subsection (2) .

(4)  A provisional licensed premises gaming licence may only be granted under subsection (1) to enable an application for a licensed premises gaming licence to be made.

(5)  This Act applies to a provisional licensed premises gaming licence in the same way as it applies to a licensed premises gaming licence (to the extent that is consistent with this section).

Division 3 - Special employee's licence

49.   Interpretation

In this Division –

licence means a licence in force under this Division;

licensee means the holder of a licence;

special employee means a natural person who –

(a) is employed or working, whether for remuneration or reward or not, in an approved venue and who carries out prescribed duties; or

(b) is employed by or working for a gaming operator and who carries out prescribed duties.

50.   Special employees to be licensed

(1)  A person must not exercise any of the functions of a special employee except in accordance with the authority conferred on the person by a licence.

Penalty:  Fine not exceeding 50 penalty units or a term of imprisonment not exceeding 3 months or both.

(2)  A venue operator or gaming operator must not –

(a) employ or use the services of a person to perform any function of a special employee; or

(b) allocate or permit or suffer to be allocated to a person the exercise of any function of a special employee –

unless the person is authorized by a licence to exercise the function concerned.

Penalty:  Fine not exceeding 50 penalty units.

(3)  [Section 50 Subsection (3) substituted by No. 46 of 1996, s. 7 ]A licensee must not carry out any prescribed duties not authorised under a licence unless the Commission has received a certificate as to the competence of the licensee to perform those duties from the venue operator or gaming operator employing, or proposing to employ, the licensee.

(4)  [Section 50 Subsection (4) omitted by No. 46 of 1996, s. 7 ].  .  .  .  .  .  .  .  

51.   Application for licence

(1)  An application for a licence must be in a form approved by the Commission and must be accompanied by –

(a) the prescribed fee; and

(b) the documents, if any, that may be specified by the Commission and required in the form of application; and

(c) a certificate by the venue operator or gaming operator who employs or is proposing to employ the applicant as to the competence of the applicant to exercise the functions specified in the certificate.

(2)  The applicant is required to consent to having his or her photograph, finger prints and palm prints taken by the Commission.

(3)  The Commission must refer a copy of the application and of any photograph, finger prints and palm prints and any supporting documentation to the Commissioner of Police.

(4)  The Commissioner of Police must inquire into and report to the Commission on any matters concerning the application that the Commission requests.

(5)  An application for a licence may not be made by a person who is under the age of 18 years or who is a person within a class of persons prescribed as being ineligible to apply for a licence.

(6)  If a requirement under this section is not complied with the Commission may refuse to consider the application concerned.

(7)  If an application is refused under subsection (6) or withdrawn by the applicant, the Commission, at its discretion, may refund the whole or part of the application fee.

52.   Updating of application

(1)  If a change occurs in the information provided in or in connection with an application for a licence (including in any documents lodged with the application) before the application is granted or refused, the applicant must, as soon as practicable after the change occurs, give the Commission written particulars of the change.

(2)  When particulars of the change are given, those particulars are then to be considered to have formed part of the original application for the purposes of the operation of subsection (1) in relation to any further change in the information provided.

53.   Commission may require further information, &c.

(1)  The Commission may, by notice in writing, require a person who is an applicant for a licence or who, in the opinion of the Commission, has some association or connection with the applicant that is relevant to the application to do any one or more of the following:

(a) to provide, in accordance with directions in the notice, any information that is relevant to the investigation of the application and is specified in the notice;

(b) to produce, in accordance with directions in the notice, any records relevant to investigation of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them;

(c) to authorize a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b) ;

(d) to furnish to the Commission any authorities and consents that the Commission directs for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the person and his or her associates from other persons.

(2)  If a requirement made under this section is not complied with, the Commission may refuse to consider the application.

54.   Application to be investigated

The Commission must investigate each application.

55.   Determination of application

(1)  The Commission must consider an application for a licence and must take into account the investigation under section 54 and any submission made by the applicant within the time allowed and must make an assessment of –

(a) the integrity, responsibility, personal background and financial stability of the applicant; and

(b) the general reputation of the applicant having regard to character, honesty and integrity.

(2)  The Commission must determine the application by either issuing a licence to the applicant or refusing the application and must inform the applicant in writing of its determination.

(3)  The Commission must give reasons for its decision to refuse an application.

(4)  [Section 55 Subsection (4) amended by No. 46 of 1996, s. 8 ]A licence issued under this section must specify the licensee's name and the authority given by the licence.

56.   Conditions of licence

(1)  A licence is subject to any condition imposed by the Commission and notified to the licensee on the issue of the licence or during its currency.

(2)  A condition of a licence may be varied or revoked by the Commission whether or not on application made to the Commission by the licensee.

(3)  It is a condition of every licence that the licensee must not participate in gaming while on duty other than as required in the course of his or her employment.

(4)  Subject to subsection (5) , it is a condition of every licence that the licensee must not solicit or accept any gratuity, consideration or other benefit from a patron in a gaming area.

(5)  An authorized person may approve a licensee accepting a benefit from a patron if the benefit is, in the opinion of the authorized person, of nominal value.

57.   Identification

(1)  A special employee must at all times while on duty wear identification of a kind approved by the Commission in such manner as to be visible to other persons.

(2)  Upon a written request from a venue operator, the Commission may exempt a special employee or class of special employees from the requirements of subsection (1) on such terms and conditions as the Commission may determine.

58.   Provisional licence

(1)  The Commission may, pending a decision on an application for a licence, grant the applicant a provisional licence.

(2)  Subject to subsection (3) , a provisional licence expires at the end of the period of 90 days after it is granted.

(3)  The Commission may extend the period referred to in subsection (2) .

(4)  A provisional licence is subject to any conditions or restrictions of which the provisional licensee is notified by the Commission when issuing the licence.

(5)  A provisional licence may be cancelled by the Commission at any time and, unless sooner surrendered or cancelled, ceases to have effect on the approval or refusal of the provisional licensee's application for a licence.

(6)  This Act applies to a provisional licence in the same way as it applies to a licence (to the extent that is consistent with this section).

59.   Duration of licence

A licence remains in force until whichever of the following happens first:

(a) the licence is cancelled;

(b) the licensee, by notice in writing, surrenders the licence to the Commission;

(c) the fifth anniversary of the grant of the licence.

60.   Renewal of licence

(1)  A licensee may, not earlier than one month before the expiration of his or her current licence, apply to the Commission for the renewal of that licence, in which case –

(a) the current licence continues in force until the licence is renewed or its renewal is refused; and

(b) if renewed, the renewal takes effect from the day on which the current licence was due to expire.

(2)  An application for renewal must be made in a form approved by the Commission and must be accompanied by the prescribed fee.

(3)  Sections 52 , 53 , 54 and 55 apply to an application for the renewal of a licence in the same manner as they apply to an application for the issue of a licence.

61.   Cancellation, &c., of licence

(1)  In this section –

disciplinary action in relation to a licensee means any of the following:

(a) the service of a written notice on the licensee censuring him or her for any action specified in the notice;

(b) variation of the licence;

(c) suspension of the licence for a specified period;

(d) cancellation of the licence;

grounds for disciplinary action in relation to a licence means any of the following grounds:

(a) that the licence was improperly obtained in that, when it was granted, there were grounds for refusing it;

(b) that the licensee has been convicted of an offence against this Act or, whether or not in Tasmania, of an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more (whether or not in addition to a fine);

(c) that the licensee has contravened a condition of the licence;

(d) that the licensee has failed to provide information that he or she is required by this Act to provide or has provided information knowing it to be false or misleading;

(e) that the licensee has become bankrupt, applied to take the benefit of any law relating to bankrupt or insolvent debtors, has compounded with his or her creditors or made an assignment of his or her remuneration for their benefit;

(f) that for any reason, the licensee is not a suitable person to be the holder of the licence.

(2)  The Commission may inquire into whether there are grounds for disciplinary action against a licensee.

(3)  If the Commission considers that disciplinary action should be taken against the licensee, the Commission must advise the licensee of that fact and give the licensee at least 28 days to make submissions to the Commission on the matter.

(4)  The Commission must consider any submissions made by the licensee within the time allowed and is to decide whether to take disciplinary action against the licensee.

(5)  If the Commission decides that there are grounds for disciplinary action against a licensee, the Commission may take the action and does so by giving notice in writing of the action to the licensee.

(6)  The disciplinary action takes effect when the notice is given or on a later date specified in the notice.

62.   Suspension of licence in certain circumstances

The Commission may suspend a licence by notice in writing given to the licensee if the Commission is satisfied that the licensee has been charged with an offence against this Act or with an offence involving fraud or dishonesty.

63.   Effect, &c., of suspension of licence

(1)  During any period of suspension of a licence, the licensee is deemed not to be the holder of a licence.

(2)  The Commission may, at any time, terminate or reduce a period of suspension of a licence.

64.   Termination of employment on suspension or cancellation of licence

If a venue operator or gaming operator receives written notice from the Commission that the licence of an employee has been suspended or cancelled, or has otherwise ceased to be in force, the operator must, within 24 hours after receiving the notice, terminate the employment that constitutes the exercise of the functions of a special employee or cause it to be terminated.

Penalty:  Fine not exceeding 100 penalty units.

65.   Provision of information relating to licensee

(1)  A licensed premises gaming operator must –

(a) within 7 days after a licensee commences his or her duties, notify the gaming operator and the Commission, in a form approved by the Commission, of the commencement of the exercise of those duties; and

(b) not later than 7 days after a licensee ceases his or her duties, notify the gaming operator and the Commission, in a form approved by the Commission, of the cessation of the exercise of those duties.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A licensed operator must –

(a) within 7 days after a licensee commences his or her duties, notify the Commission, in a form approved by the Commission, of the commencement of the exercise of those duties; and

(b) not later than 7 days after a licensee ceases his or her duties, notify the Commission, in a form approved by the Commission, of the cessation of the exercise of those duties.

Penalty:  Fine not exceeding 50 penalty units.

(3)  The Commission, by notice in writing, may require a licensee –

(a) to provide, in accordance with directions in the notice, any information relevant to the holding of the licence that is specified in the notice; or

(b) to produce, in accordance with directions in the notice, any records relevant to the holding of the licence that are specified in the notice and to permit examination of the records and the making of copies of the records.

(4)  It is a condition of a licence that the licensee must comply with the requirements of a notice under this section.

Division 4 - Technician's licence

66.   Interpretation

In this Division –

licence means a licence in force under this Division;

licensee means the holder of a licence;

technician means a person who services, maintains or repairs gaming equipment and carries out prescribed duties.

67.   Only licensed technicians to repair, &c., gaming equipment

A venue operator or gaming operator must not –

(a) employ or use the services of a person to perform any function of a technician in relation to gaming equipment; or

(b) allocate or permit to be allocated to a person the exercise of any function of a technician in relation to gaming equipment –

unless the person is authorized by a licence to exercise the function concerned.

Penalty:  Fine not exceeding 250 penalty units.

68.   Application of Division 3

The provisions of Division 3 (except section 51 (1) (c) ) apply, with any necessary modification, to applications for the issue or renewal of technician's licences and licensees.

69.   Offences

(1)  A person must not service, maintain or repair gaming equipment unless the person holds a current technician's licence under this Act.

Penalty:  Fine not exceeding 250 penalty units or imprisonment for 12 months.

(2)  A person must not employ, or cause to be employed, another person to service, maintain or repair gaming equipment unless the second-mentioned person holds a current technician's licence under this Act.

Penalty:  Fine not exceeding 250 penalty units.

Division 5 - Manufacturers and suppliers of gaming equipment

70.   Roll of Recognized Manufacturers and Suppliers of Gaming Equipment

The Commission must maintain a Roll of Recognized Manufacturers and Suppliers of Gaming Equipment.

71.   Application to be listed on Roll

(1)  A person who manufactures or supplies, or intends to manufacture or supply, gaming equipment to gaming operators or casino operators may apply to the Commission to be listed on the Roll.

(2)  An application must be made in a form approved by the Commission and must be accompanied by the prescribed fee.

(3)  The application must contain or be accompanied by any additional information that the Commission may request.

(4)  The applicant is required to consent to having his or her photograph, finger prints and palm prints taken by the Commission.

(5)  The Commission must refer a copy of the application and of any photograph, finger prints and palm prints and supporting documentation to the Commissioner of Police.

(6)  The Commissioner of Police must inquire into and report to the Commission on any matters concerning the application that the Commission requests.

(7)  Within 14 days of the application an applicant must cause to be published in a newspaper circulating generally in Tasmania a notice containing the prescribed information and stating that any person may object to the grant of the application by giving notice in writing to the Commission within 14 days of the date of publication and stating the grounds for the objection.

(8)  If a requirement made by this section is not complied with the Commission may refuse to consider the application.

(9)  If an application is refused under subsection (8) or withdrawn by the applicant, the Commission, at its discretion, may refund the whole or part of the application fee.

72.   Cost of investigations to be paid by applicant

(1)  The reasonable costs incurred by the Commission in investigating and inquiring into an application to be listed on the Roll are payable to the Commission by the applicant, unless the Commission determines otherwise in a particular case.

(2)  The Commission may require part or full payment in advance of the amount it estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.

(3)  Investigation and inquiry costs may include travelling expenses within or outside the State.

(4)  It is a condition of any applicant being listed on the Roll that any amount payable under this section by the applicant is paid.

73.   Objections

(1)  A person may object to the granting of an application for listing on the Roll by giving notice in writing to the Commission within 14 days of the date of publication of the notice required by section 71 (7) and stating the grounds for the objection.

(2)  The Commission must consider every objection so made.

74.   Determination of application

(1)  The Commission must determine an application for listing on the Roll by either granting or refusing the application and must notify the applicant in writing of the decision.

(2)  Without limiting the matters which the Commission may consider in determining whether to grant an application, the Commission must consider whether –

(a) the applicant and each associate of the applicant is of good repute, having regard to character, honesty and integrity; and

(b) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and

(c) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity.

(3)  The Commission is not required to give reasons for its decision on any application under section 71 but may do so if it thinks fit.

75.   Removal from the Roll

The Commission may remove the name of a person from the Roll on any of the following grounds:

(a) that the listing was improperly obtained in that, at the time the application for listing was granted, there were grounds for refusing it;

(b) that a change in the situation of the person listed on the Roll has taken place and the person has failed to notify the Commission in accordance with section 161 ;

(c) that the person listed on the Roll, or any associate of that person, has been convicted of an offence against this Act or, whether or not in Tasmania, of an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more (whether or not in addition to a fine);

(d) that the person listed on the Roll has provided information that he or she is required by this Act to provide knowing it to be false or misleading;

(e) that any gaming equipment manufactured or supplied by the person listed on the Roll is, in the opinion of the Commission, unreliable or otherwise unsatisfactory;

(f) that for any reason, the person listed on the Roll is not a suitable person to be listed on the Roll or an associate of that person is not suitable to be an associate of a person listed on the Roll.

76.   Payments, &c., to venue operator unlawful

(1)  A manufacturer or supplier of gaming equipment (other than a gaming operator), or an employee or associate of such a manufacturer or supplier, must not make, either directly or indirectly, payment to or confer a benefit on a venue operator or a gaming operator.

(2)  A venue operator or a gaming operator must not receive any benefit whatsoever from a manufacturer or supplier of gaming equipment (other than a gaming operator) or an employee or associate of such a manufacturer or supplier.

Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term of 4 years or both.

PART 5 - Control of Gaming

Division 1 - Gaming control relating to approved venues

77.   Approval of certain contracts by Commission

(1)  In this section –

contract includes any kind of agreement or arrangement;

relevant contract means –

(a) a contract between a licensed premises gaming operator and a gaming operator; and

(b) a contract between a licensed operator and a manufacturer or supplier listed on the Roll.

(1A)  [Section 77 Subsection (1A) inserted by No. 46 of 1996, s. 9 ]The Commission may determine that a specified relevant contract or class of relevant contract requires its approval.

(2)  [Section 77 Subsection (2) amended by No. 46 of 1996, s. 9 ]A relevant contract must –

(a) be in accordance with a form approved by the Commission; or

(b) if the Commission has determined that the contract requires its approval, be approved by the Commission.

(3)  [Section 77 Subsection (3) amended by No. 46 of 1996, s. 9 ]It the Commission determines that a relevant contract or class of relevant contract requires its approval, it must not give that approval if, in its opinion, the contract –

(a) is harsh and unconscionable; or

(b) is not in the public interest; or

(c) jeopardises the integrity and conduct of gaming; or

(d) is in breach of this Act.

78.   Rectification order as alternative to disciplinary action

(1)  As an alternative to taking disciplinary action against a licensed operator under section 20 or a licensed premises gaming operator under section 47 , the Commission may direct the operator in writing to take specified action within a specified time to rectify the matter which constitutes the grounds for the disciplinary action concerned.

(2)  If an operator referred to in subsection (1) fails to take the specified action within the specified time, the Commission may proceed to take the relevant disciplinary action by giving written notice of the action to the operator, and the action takes effect when the notice is given or on a later date specified in the notice.

79.   Approval of keno rules

(1)  The Commission may approve the rules under which a game of keno is to be conducted by a gaming operator.

(2)  Where the Commission approves the rules under which keno is to be conducted, it must supply a copy of those rules to the gaming operator and to the licensed premises gaming operator who is authorized to accept wagers for the games of keno.

(3)  A gaming operator and a licensed premises gaming operator must not permit a game of keno to be conducted or played unless the game is conducted or played in accordance with the rules of the game approved by the Commission.

Penalty:  Fine not exceeding 100 penalty units.

(4)  At the request of the gaming operator or on its own volition, the Commission may repeal, revoke, rescind, amend, alter or vary a rule approved under subsection (1) .

(5)  The Commission must not take action of its own volition under subsection (4) unless the action is in the public interest or for the proper conduct of gaming.

(6)  The Commission must notify, in writing, the gaming operator of any repeal, revocation, rescission, amendment, alteration or variation of the rules under which the game of keno is to be conducted.

(7)  As soon as practicable after receipt of notification under subsection (6) , the gaming operator is to notify each licensed premises gaming operator participating in the game of keno conducted by that gaming operator.

(8)  A repeal, revocation, rescission, amendment, alteration or variation takes effect on the date that the Commission gives notice under subsection (6) .

80.   Approval of gaming machine types and games

(1)  The Commission may accept for evaluation gaming machine types and gaming machine games.

(2)  The Commission may require a person who submits a gaming machine type or gaming machine game under subsection (1) to provide any additional information or material that the Commission considers necessary for the evaluation and to pay the costs incurred by the Commission in undertaking the evaluation.

(2A)  [Section 80 Subsection (2A) inserted by No. 46 of 1996, s. 10 ]The Commission may require rules under which a gaming machine game is to be played.

(2B)  [Section 80 Subsection (2B) inserted by No. 46 of 1996, s. 10 ]If the Commission requires rules under which a gaming machine game is to be played, the Commission may –

(a) approve the rules; or

(b) refuse to approve the rules.

(2C)  [Section 80 Subsection (2C) inserted by No. 46 of 1996, s. 10 ]A gaming machine game that requires rules is only to be played in accordance with those rules as approved by the Commission.

(3)  If a gaming machine type or gaming machine game accepted for evaluation under subsection (1) is considered by the Commission to be suitable for use in gaming, the Commission must approve the machine type or game subject to such conditions (if any) as it determines.

(4)  The Commission must reject all gaming machine types or gaming machine games accepted for evaluation under subsection (1) which it considers are not suitable for gaming.

(5)  If a gaming machine type or a gaming machine game differs in any material particular from the machine type or game approved by the Commission, the gaming machine type or gaming machine game ceases to be approved under this section.

(6)  [Section 80 Subsection (6) inserted by No. 46 of 1996, s. 10 ]The Commission may repeal or vary any rules approved under subsection (2B) .

81.   Approval of other gaming equipment

(1)  In this section, gaming equipment does not include gaming machine types or gaming machine games.

(2)  The Commission may accept for evaluation particular gaming equipment or gaming equipment of a specified class or description.

(3)  The Commission may require a person who submits gaming equipment under subsection (2) to provide any additional information or material that the Commission considers necessary for the evaluation and to pay the costs incurred by the Commission in undertaking the evaluation.

(4)  If particular gaming equipment or gaming equipment of a specified class or description accepted for evaluation under subsection (2) is considered by the Commission to be suitable for use in gaming, the Commission must approve the particular gaming equipment or class or description of gaming equipment subject to such conditions (if any) as it determines.

(5)  The Commission must reject all gaming equipment accepted for evaluation under subsection (2) which it considers is not suitable for gaming.

(6)  If gaming equipment differs in any material particular from the gaming equipment approved by the Commission, the gaming equipment ceases to be approved under this section.

82.   Purchase of gaming equipment from person not listed on the Roll

(1)  A licensed operator may apply in writing to the Commission for a permit to purchase or obtain gaming equipment of a type approved by the Commission under section 81 from a person who is not listed on the Roll.

(2)  The Commission may grant a permit under subsection (1) if it considers the equipment type –

(a) is an item which is incidental to the conduct of gaming; or

(b) is a component of gaming equipment that is unable to influence the outcome of a wager; or

(c) is generally used for purposes other than the conduct of gaming; or

(d) meets any other prescribed condition.

(3)  A permit granted by the Commission under this section remains in force until it is revoked.

83.   Withdrawal of approval

(1)  The Commission may withdraw the approval of an approved gaming machine type or gaming machine game or other gaming equipment if the Commission considers it necessary or appropriate in the public interest or for the proper conduct of gaming.

(2)  If approval is withdrawn under subsection (1) , the Commission must give written notice of the withdrawal to –

(a) the person who submitted the gaming machine type or gaming machine game under section 80 or gaming equipment under section 81 ; and

(b) venue operators and gaming operators using any gaming machine of that gaming machine type or including that game or any other gaming equipment of that gaming equipment type –

and must specify in the notice the time within which the gaming machine type or gaming machine game or gaming equipment type must be removed from use.

(3)  If approval is withdrawn under subsection (1) , the Commission must allow a venue operator or gaming operator a reasonable time within which to remove the gaming machine type or gaming machine game or gaming equipment type from use unless there is an immediate threat to the public interest.

(4)  Subject to subsection (3) , a venue operator or gaming operator must not permit a gaming machine to be played if –

(a) the machine is of a type in respect of which the Commission has withdrawn approval under subsection (1) ; and

(b) notice has been given under subsection (2) .

Penalty:  Fine not exceeding 1 000 penalty units.

(5)  Subject to subsection (3) , a venue operator or a gaming operator must not permit gaming equipment to be used if –

(a) it is of a type in respect of which the Commission has withdrawn approval under subsection (1) ; and

(b) notice has been given under subsection (2) .

Penalty:  Fine not exceeding 1 000 penalty units.

(6)  Subject to subsection (3) , a venue operator or a gaming operator must not permit a gaming machine game to be played if –

(a) the Commission has withdrawn approval of that game under subsection (1) ; and

(b) notice has been given under subsection (2) .

Penalty:  Fine not exceeding 1 000 penalty units.

84.   Approval of jackpots and linked jackpot arrangements

(1)  The Commission may –

(a) approve a jackpot or a linked jackpot arrangement; and

(b) approve the rules under which a jackpot or linked jackpot arrangement is to operate.

(2)  The Commission must not approve a jackpot or linked jackpot arrangement unless it has approved the rules under which it is to operate.

(3)  Where the Commission approves a jackpot or linked jackpot arrangement, it must notify the licensed operator of its approval and supply a copy of the rules relating to the jackpot or linked jackpot arrangement to the licensed operator and the venue operator of each approved venue where the jackpot or linked jackpot arrangement will operate.

(4)  A licensed operator must not permit a jackpot or linked jackpot arrangement to operate in an approved venue unless –

(a) the licensed operator has received notification of the approval of the jackpot or linked jackpot arrangement; and

(b) the jackpot or linked jackpot arrangement is operated in accordance with the rules approved by the Commission.

Penalty:  Fine not exceeding 100 penalty units.

(5)  A licensed operator must accumulate contributions to a special prize pool established under a jackpot or linked jackpot arrangement in a manner that is prescribed.

(6)  At the request of the licensed operator or on its own volition, the Commission may repeal, revoke, rescind, amend, alter or vary a rule approved under subsection (1) .

(7)  The Commission must not take action of its own volition under subsection (6) unless the action is in the public interest or for the proper conduct of gaming.

(8)  The Commission must notify in writing the licensed operator of any repeal, revocation, rescission, amendment, alteration or variation of the rules approved under subsection (1) .

(9)  As soon as practicable after a gaming operator receives notification under subsection (8) , the gaming operator is to notify each licensed premises gaming operator participating in the jackpot or linked jackpot arrangement.

(10)  A repeal, revocation, rescission, amendment, alteration or variation takes effect on the date that the Commission gives notice under subsection (8) .

85.   Identification of machines

(1)  The Commission must issue an identification number for each gaming machine.

(2)  The Commission may, at any time after the issue of an identification number for a gaming machine, cause the issue of a new identification number for that gaming machine.

(3)  A gaming operator must not possess a gaming machine unless there is securely affixed on one internal and one external surface of the cabinet of the gaming machine a label showing –

(a) the identification number issued under subsection (1) or (2) ; and

(b) any other particulars that the Commission considers appropriate.

Penalty:  Fine not exceeding 50 penalty units.

86.   Gaming prohibited on unprotected devices

(1)  A gaming operator or a venue operator must not without lawful excuse be in possession of, or permit gaming on, a gaming machine unless the computer cabinet of the gaming machine is securely sealed with a seal in accordance with procedures approved by the Commission.

Penalty:  Fine not exceeding 400 penalty units or imprisonment for a term not exceeding 2 years or both.

(2)  At any time when a seal on a computer cabinet has been broken, the venue operator must not permit gaming on the gaming machine until the gaming machine has been resealed in accordance with procedures approved by the Commission.

Penalty:  Fine not exceeding 400 penalty units or imprisonment for a term not exceeding 2 years or both.

87.   Unlawful interference with gaming equipment

(1)  A person must not –

(a) be in possession of any device made or adapted, or intended by the person to be used, for interfering with the normal operation of gaming equipment; or

(b) do any act or thing calculated, or likely, to interfere with the normal operation of gaming equipment; or

(c) insert, or cause to be inserted, in a gaming machine any thing other than a gaming token of the denomination or type displayed on the gaming machine as a gaming token to be used in order to operate or gain credit on the gaming machine.

Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 4 years or both.

(2)  If a police officer believes on reasonable grounds that a person has committed an offence under subsection (1) , the police officer may search the person for any device or thing that the police officer suspects was used in the commission of the offence.

(3)  Subsection (1) does not prohibit the possession in an approved venue of any thing referred to in subsection (1) (a) by a venue operator, an agent of the venue operator, a special employee, an inspector or a police officer if the thing has been seized by any of those persons from another person for use as evidence in proceedings for an offence under that subsection.

(4)  On the conviction of a person for an offence under subsection (1) , any device used or intended to be used for interfering with the normal operation of gaming equipment is forfeited to the Crown.

88.   Protection of sensitive areas of gaming equipment

(1)  Except as provided in subsection (2) , a person must not –

(a) break a seal securing a computer cabinet or gain access to any thing within the computer cabinet; or

(b) affix a seal to a computer cabinet; or

(c) break any seal protecting the integrity of the game programme of a gaming machine; or

(d) remove, replace or in any way affect or interfere with the operation of a computer cabinet or any thing within the computer cabinet; or

(e) remove or interfere with any security device of gaming equipment; or

(f) interfere with the normal operation of the reel assemblies of a gaming machine; or

(g) remove or interfere with the housing protecting the mechanical meters of a gaming machine; or

(h) interfere with the normal operation of the mechanical meters of a gaming machine; or

(i) disconnect or interfere with a connection between a mechanical meter and a computer cabinet; or

(j) interfere with information stored or transmitted electronically by any gaming machine, linked jackpot arrangement or electronic monitoring system; or

(k) remove, alter or otherwise interfere with the electronic monitoring system or application software; or

(l) remove or interfere with any mark or seal affixed to gaming equipment to preserve the integrity of operation of the gaming equipment; or

(m) remove, alter or otherwise interfere with the manufacturer's identification plate or the manufacturer's serial number of a gaming machine; or

(n) remove, alter or otherwise interfere with an identification label affixed to a gaming machine under section 85 ; or

(o) affix any thing capable of being represented as being a label referred to in section 85 to a gaming machine or a device capable of being represented as being a gaming machine.

Penalty:  Fine not exceeding 400 penalty units or imprisonment for a term not exceeding 2 years or both.

(2)  The Commission, by notice in writing, may authorize an inspector, a technician or any other person to exercise all or any of the powers specified in subsection (1) .

89.   Access to gaming machines

A person must not, in relation to a gaming machine in an approved venue, remove gaming tokens from the cabinet or drop box of the gaming machine unless the person is –

(a) the gaming operator of the approved venue; or

(b) the venue operator of the approved venue; or

(c) a special employee at the approved venue in the performance of his or her duties; or

(d) a licensed technician in the performance of his or her duties.

Penalty:  Fine not exceeding 50 penalty units.

90.   Installation and storage of gaming equipment

(1)  A gaming operator who provides gaming equipment to a licensed premises gaming operator –

(a) must install the equipment, or cause it to be installed, in a gaming area approved for that purpose by the Commission; and

(b) must cause any gaming equipment not so installed to be stored in a room approved by the Commission and secured in the manner approved by the Commission; and

(c) must request the Commission to inspect the installation, test the games and give approval to commence gaming.

(2)  A casino operator who obtains gaming equipment –

(a) must install the equipment, or cause it to be installed, in a gaming area approved for that purpose by the Commission; and

(b) must cause any gaming equipment not so installed to be stored in a room approved by the Commission and secured in the manner approved by the Commission; and

(c) must request the Commission to inspect the installation, test the games and give approval to commence gaming.

(3)  On a request from a gaming operator or a casino operator under this section, the Commission must inspect the gaming equipment installed and test the games on the gaming equipment and may give approval to commence gaming.

(4)  A gaming operator or a casino operator must not allow any person to use gaming equipment for the conduct of gaming that is not installed as required by this section.

Penalty:  Fine not exceeding 1 000 penalty units.

91.   The Commission's rules

(1)  The Commission may make rules for the conduct of gaming in licensed premises in respect of which a licensed premises gaming licence is in force with respect to –

(a) entry to restricted areas; and

(b) dress requirements in restricted areas; and

(c) sobriety in restricted areas; and

(d) security in the licensed premises; and

(e) services provided by licensed premises gaming operators; and

(f) procedures for the resolution of disputes concerning payment of winnings; and

(g) exclusion of persons from gaming on licensed premises; and

(h) any other matter relevant to the conduct of gaming.

(2)  The Commission may make different rules for different classes of licensed premises.

(3)  The Commission may repeal, revoke, rescind, amend, alter or vary a rule made under subsection (1) .

(4)  The Commission must notify in writing each licensed premises gaming operator of rules made under this section and any repeal, revocation, rescission, amendment, alteration or variation of those rules.

(5)  A repeal, revocation, rescission, amendment, alteration or variation takes effect on the date that the Commission gives notice under subsection (4) .

92.   Rules to be displayed and enforced

(1)  A licensed premises gaming operator must display in a prominent place at the licensed premises in respect of which a licensed premises gaming licence relates a copy of rules made by the Commission under section 91 as in force from time to time.

Penalty:  Fine not exceeding 25 penalty units.

(2)  A licensed premises gaming operator must enforce or cause to be enforced rules made under section 91 .

Penalty:  Fine not exceeding 25 penalty units.

93.   Commission may give directions

(1)  The Commission may give to a gaming operator or a venue operator a written direction that relates to the conduct of gaming, the keeping or inspection of financial records or the administration of the approved venue.

(2)  It is a condition of a gaming operator's or a venue operator's licence that the gaming operator or venue operator comply with a direction given under subsection (1) as soon as it takes effect.

(3)  The direction takes effect when the direction is given to the operator or on a later date specified in the direction.

(4)  A direction under this section must not be inconsistent with this Act or the conditions of the operator's licence.

(5)  The power conferred by this section includes a power to give a direction to a casino operator to adopt, vary, cease or refrain from any practice in respect of the conduct of gaming.

94.   Credit, &c.

(1)  Any person who holds a licence under this Act must not make a loan or extend credit in any form to any person to enable that person or any other person to play a game or a gaming machine in an approved venue.

Penalty:  Fine not exceeding 100 penalty units.

(2)  The Commission must notify in writing each venue operator of the time within which the venue operator must bank a cheque accepted by that operator in the course of the conduct of gaming.

(3)  A venue operator must, within the time notified to it under subsection (2) , bank a cheque accepted by that operator in the course of the conduct of gaming.

Penalty:  Fine not exceeding 100 penalty units.

(4)  A venue operator must not agree to the redemption of a cheque accepted by that operator in the course of the conduct of gaming for the purpose of avoiding compliance with subsection (3) .

Penalty:  Fine not exceeding 100 penalty units.

95.   Gaming tokens

A venue operator must cause all transactions in respect of the sale or redemption of gaming tokens in the approved venue to be carried out in a manner that ensures the integrity of the transactions.

Penalty:  Fine not exceeding 100 penalty units.

96.   Electronic monitoring system to be in place

(1)  It is a condition of a gaming operator's licence that gaming machine games are not to be conducted by that operator unless there is in place an electronic monitoring system approved by the Commission for detecting significant events and recording, monitoring and controlling significant game play transactions associated with gaming machines installed by the operator.

(2)  It is a condition of a gaming operator's licence that games of keno are not to be conducted by that operator unless there is in place an electronic monitoring system approved by the Commission for detecting significant events and recording, monitoring and controlling significant game play transactions associated with such games.

(3)  For the purposes of subsections (1) and (2) , "significant game play transactions" are as determined by the Commission and notified in writing to the gaming operator.

97.   Malfunction of gaming machines

(1)  A venue operator, gaming operator or special employee must refuse to pay, or to allow payment to be made to, a person in respect of a wager made or gaming machine credits accumulated on a gaming machine if the venue operator, gaming operator or special employee reasonably suspects that the gaming machine failed to function in the manner in which it was designed and programmed to function.

(2)  A special employee who refuses to pay or to allow payment to be made to a person in the circumstances referred to in subsection (1) must inform the venue operator and the gaming operator, if applicable, as soon as practicable after the refusal.

(3)  In the event of a dispute over a refusal to pay in the circumstances referred to in subsection (1) , the venue operator and gaming operator, if applicable, must resolve the dispute in accordance with procedures approved by the Commission.

98.   Defective gaming machines not allowed

(1)  A venue operator and a gaming operator must not allow a gaming machine that –

(a) is installed in the approved venue of the venue operator; and

(b) does not function in the manner in which it was designed and programmed to function –

to be played, other than for testing purposes, until it is functioning in the manner in which it was designed and programmed to function.

Penalty:  Fine not exceeding 100 penalty units.

(2)  It is a defence to a prosecution for an offence against subsection (1) for the defendant to prove that he or she –

(a) had taken all reasonable precautions to ensure that the gaming machine was functioning in the manner in which it was designed and programmed to function; and

(b) at the time of the alleged offence, did not know, and ought not to have known, that the gaming machine was not functioning in the manner in which it was designed and programmed to function.

99.   Removal of certain persons

(1)  A venue operator may remove from, or refuse entry to, the operator's approved venue any person who –

(a) breaches rules made by the Commission under section 91 ; or

(b) damages or physically abuses a gaming machine; or

(c) behaves in a manner likely to cause offence to other persons; or

(d) is suspected on reasonable grounds of being in the approved venue for the purpose of committing an offence or aiding another person to commit an offence against this Act.

(2)  A venue operator may use no more force than is reasonably necessary to remove a person under subsection (1) .

100.   Detention of suspected persons

(1)  An inspector who suspects on reasonable grounds that a person who is in an approved venue or on the premises of which the approved venue forms part is contravening or attempting to contravene a provision of this or any other Act or has contravened any such provision may detain the suspected person in a suitable place in or near the approved venue until the arrival at the place of detention of a police officer.

(2)  A person who is –

(a) the venue operator; or

(b) a gaming operator; or

(c) a special employee who is a member of a class of employee authorized by the Commission in writing to detain a person under this section –

and who suspects on reasonable grounds that a person in the approved venue is contravening or attempting to contravene section 252A or 264 of the Criminal Code or a prescribed provision of this Act or has contravened any such section or provision may detain the suspected person in a suitable place in or near the approved venue until the arrival at the place of detention of a police officer.

(3)  A person may not be detained under this section unless –

(a) no more force is used than is reasonably necessary; and

(b) the person detained is informed of the reasons for the detention; and

(c) the person effecting the detention immediately notifies a police officer of the detention and the reasons for the detention.

101.   Injunctions to prevent contraventions, &c.

(1)  If the Supreme Court is satisfied on the application of the Commission that a venue operator or a gaming operator has engaged or is proposing to engage in conduct that constitutes or would constitute –

(a) a contravention of a provision of this Act; or

(b) attempting to contravene such a provision; or

(c) aiding, abetting, counselling or procuring a person to contravene such a provision; or

(d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; or

(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

(f) conspiring with others to contravene such a provision –

the Court may grant an injunction on such terms as the Court determines to be appropriate.

(2)  If in the opinion of the Supreme Court it is desirable to do so, the Court may grant an interim injunction pending determination of the application.

(3)  The Supreme Court may rescind or vary an injunction granted under this section.

(4)  The power of the Supreme Court to grant an injunction restraining a person from engaging in conduct may be exercised –

(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; and

(b) whether or not the person has previously engaged in conduct of that kind; and

(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.

(5)  The power of the Supreme Court to grant an injunction requiring a person to do an act or thing may be exercised –

(a) whether or not it appears to the Court that the person intends to fail again, or to continue to fail, to do that act or thing; and

(b) whether or not the person has previously failed to do that act or thing; and

(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person fails to do that act or thing.

(6)  When the Commission makes an application to the Supreme Court for the grant of an injunction under this section, the Court is not to require the Commission or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.

Division 2 - Gaming control relating to casinos

102.   Casino layout to be as approved by Commission

(1)  It is a condition of a casino licence that gaming is not to be conducted in the casino unless the facilities provided in relation to the conduct and monitoring of operations in the casino are in accordance with plans, diagrams and specifications that are for the time being approved by the Commission under this section.

(2)  The Commission may approve plans, diagrams and specifications indicating the following:

(a) the situation within the casino of gaming tables and gaming equipment, counting rooms, cages and other facilities provided for operations in the casino;

(b) the manner in which a closed circuit television system operates within the casino, including details of the positions and field of coverage of the cameras and viewing screens and the height of the cameras above the gaming;

(c) the communication facilities provided for persons monitoring operations in the casino, whether by means of the closed circuit television system or otherwise.

(3)  At the request of the casino operator or on its own volition, the Commission may amend an approval under this section.

(4)  The Commission must not on its own volition amend an approval under this section unless the amendment is in the public interest or for the proper conduct of gaming.

(5)  An inspector may on the request of a casino operator approve a temporary change within the casino of the situation of gaming tables and other gaming equipment.

103.   Approval of games played in casino

(1)  [Section 103 Subsection (1) amended by No. 46 of 1996, s. 11 ]The Commission may, on application being made to it, approve games (other than games played on a gaming machine) that may be played in a casino.

(1A)  [Section 103 Subsection (1A) inserted by No. 46 of 1996, s. 11 ]The Commission may require an applicant to pay any costs incurred by the Commission in evaluating the application.

(2)  The Commission may approve the rules under which a game referred to in subsection (1) is to be played.

(3)  The Commission must not approve a game unless it has approved the rules under which it is to be played.

(4)  Where the Commission approves the rules under which a game is to be played, it must supply a copy of those rules to the casino operator.

(5)  A casino operator must not permit a game (other than a game played on a gaming machine) to be conducted or played in a casino unless –

(a) there is a notice in force under this section approving the game; and

(b) the game is conducted or played in accordance with the rules of the game approved by the Commission.

Penalty:  Fine not exceeding 100 penalty units.

(6)  At the request of the casino operator or on its own volition, the Commission may repeal, revoke, rescind, amend, alter or vary a rule approved under subsection (2) .

(7)  The Commission must not take action under subsection (6) unless the action is in the public interest or for the purposes of the conduct of gaming.

(8)  The Commission must notify in writing the casino operator of any repeal, revocation, rescission, amendment, alteration or variation of the rules approved under subsection (2) .

(9)  A person may request the Commission or a casino operator for a copy of the rules approved by the Commission under subsection (2) and the Commission and casino operator are to comply with that request.

(10)  A repeal, revocation, rescission, amendment, alteration or variation takes effect on the date the Commission gives notice under subsection (8) .

104.   Junkets

(1)  The Commission may approve arrangements made by a casino operator for the promotion and conduct of junkets involving casinos.

(2)  The arrangements may –

(a) impose restrictions on who may organize or promote a junket; and

(b) require the promoter of a junket, or the casino operator concerned, to give the Commission advance notice of the junket and to furnish to the Commission detailed information concerning the conduct of and the arrangements for the conduct of any junket; and

(c) require any contract or other agreement that relates to the conduct of a junket to be in a form and contain provisions approved by the Commission; and

(d) require the promoter of a junket, or the casino operator concerned, to give specified information concerning the conduct of the junket to participants in the junket; and

(e) require the promoter of a junket, or the casino operator concerned, to furnish to the Commission a list of the names and addresses of the participants in the junket.

(3)  In this section –

junket includes any arrangement organized by a promoter where a group of persons receive inducements of money or money's worth to participate in gaming at a casino;

promoter means a person responsible for the organization or promotion of a junket whose remuneration in whole or in part is based on the total amount wagered by the participants in the junket or on some other basis associated with amounts wagered.

105.   Exclusion orders

(1)  A casino operator or a person authorized by a casino operator may, by order given to a person orally or in writing, prohibit the person from entering or remaining in the casino.

(2)  If a person is given an oral order and the person requires the order to be given in writing, the oral order is suspended while the order is put in writing (but only if the person remains available in the casino to be given the written order).

(3)  A casino operator may give a written order under this section to a person, on the application of the person, prohibiting the person from entering or remaining in the casino.

(4)  An application under subsection (3) is to be signed by the applicant and the signature of the applicant is to be witnessed in a manner determined by the Commission.

(5)  As soon as practicable after a casino operator gives an order under this section, the operator must –

(a) in the case of a written order, give a copy of the order to an inspector; and

(b) in the case of an oral order, give written details of the order to an inspector.

Penalty:  Fine not exceeding 50 penalty units.

(6)  This section does not authorize the exclusion from a casino of an authorized person or a police officer when that authorized person or police officer is acting in the course of his or her duty.

106.   Appeal to Commission

(1)  A person receiving an order in writing under section 105 prohibiting the person from entering or remaining in a casino may, within 28 days after receiving the order, appeal against the order to the Commission.

(2)  The appeal must be made in writing and specify the grounds on which it is made.

(3)  The Commission may cause such inquiries to be made by the Commission in relation to the order as the Commission thinks fit and the results of the inquiries to be reported to it.

(4)  Upon consideration of the grounds of appeal specified by the appellant and any matters reported upon to the Commission in relation to the direction, the Commission may –

(a) reject the appeal; or

(b) allow the appeal.

(5)  The decision of the Commission –

(a) is to be communicated in writing to the appellant and the casino operator; and

(b) is final and conclusive and may not be appealed against, reviewed, quashed or in any way called in question in any court on any account.

(6)  The allowance of the appeal by the Commission revokes the order without prejudice to the right of the casino operator or person in charge of the operation of the casino at a particular time, acting in good faith, to give a further order to that person for a reason considered by him or her to be a sufficient reason.

(7)  An appeal against an order does not prejudice the effectiveness of the order pending the Commission's decision.

107.   Commissioner of Police may order person to be excluded

(1)  The Commissioner of Police may direct a casino operator in writing to exclude a person from the casino by giving the person or causing the person to be given an order under section 105 , and the casino operator must comply with the direction.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The Commissioner of Police may give such a direction in anticipation of the person entering the casino.

(3)  Where practicable, the Commissioner of Police must make available to the casino operator a photograph of the person who is the subject of the direction and must give the person notice of the direction.

108.   Duration of exclusion orders

(1)  An exclusion order remains in force in respect of a person unless and until it is revoked by the casino operator or a person authorized by the casino operator.

(2)  An exclusion order given at the direction of the Commissioner of Police cannot be revoked except with the written approval of the Commissioner of Police.

(3)  Where an exclusion order is revoked by a casino operator or by a person authorized by a casino operator, the casino operator or person so authorized must give notice of the revocation to the Commission as soon as practicable after it occurs.

Penalty:  Fine not exceeding 20 penalty units.

109.   List of excluded persons

(1)  A casino operator must maintain a list of the names of persons who are the subject of exclusion orders for the casino.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Where practicable, the casino operator is to attach to the list referred to in subsection (1) photographs of the persons who are the subject of exclusion orders.

(3)  The casino operator must –

(a) on the first day of each month provide an inspector with a copy of the list of the names of persons who, immediately before that day, were the subject of exclusion orders; and

(b) notify an inspector of the making or revocation of an exclusion order as soon as practicable after the making or the revocation of the exclusion order.

Penalty:  Fine not exceeding 50 penalty units.

(4)  A person must not provide any part of a list maintained under subsection (1) or provided under subsection (3) to any person except –

(a) the casino operator; or

(b) a casino employee; or

(c) an authorized person.

Penalty:  Fine not exceeding 10 penalty units.

110.   Excluded persons not to enter casino

A person the subject of an exclusion order relating to a casino must not enter or remain in the casino.

Penalty:  Fine not exceeding 20 penalty units.

111.   Removal of excluded persons from casino

(1)  This section applies to the following persons in a casino:

(a) the person for the time being in charge of the casino;

(b) a casino employee of a class approved in writing by the Commission.

(2)  A casino employee who knows that a person, the subject of an exclusion order, is in the casino must notify a person to whom this section applies as soon as practicable.

Penalty:  Fine not exceeding 20 penalty units.

(3)  The person notified under subsection (2) must remove the person from the casino or cause the person to be removed from the casino.

(4)  It is lawful for a person to whom this section applies, using no more force than is reasonably necessary –

(a) to prevent a person, the subject of an exclusion order, from entering the casino; and

(b) to remove such a person from the casino or cause such a person to be removed from the casino.

112.   Possession of certain things prohibited

(1)  A person must not, in a casino, use any prohibited device.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person must not, in a casino or on premises of which a casino forms part, use or have in his or her possession –

(a) chips that he or she knows are bogus or counterfeit chips; or

(b) gaming tokens that he or she knows are bogus or counterfeit gaming tokens; or

(c) cards, dice or coins that he or she knows have been marked, loaded or tampered with; or

(d) for the purpose of cheating or stealing, any equipment, device or thing that permits or facilitates cheating or stealing.

Penalty:  Fine not exceeding 100 penalty units.

(3)  If a police officer believes on reasonable grounds that a person has committed an offence under subsection (1) or (2) , the police officer may search the person for the device that the police officer suspects was used in the commission of the offence.

(4)  Subsection (2) does not prohibit the possession in a casino of anything referred to in subsection (2) (a) , (b) or (c) by a person in charge of the casino, an agent of the casino operator, a casino employee, an inspector or a police officer, if the thing has been seized by any of those persons from another person for use as evidence in proceedings for an offence.

(5)  On the conviction of a person of an offence under subsection (1) or (2) , any device used in the commission of that offence is forfeited to the Crown.

PART 6 - Minors

113.   Interpretation

In this Part –

acceptable proof of age for a person means documentary evidence that might reasonably be accepted as applying to the person and as proving that the person is at least 18 years of age;

minor means a person who is under the age of 18 years.

114.   Application of Part 6

This Part applies to an approved venue only during the hours of operation of the approved venue.

115.   Minors not to enter restricted areas

A minor must not for any purpose enter or remain in a restricted area.

Penalty:  Fine not exceeding 10 penalty units.

116.   Minors not to participate in gaming

(1)  A minor must not play a gaming machine in any area of an approved venue.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A minor must not place a wager on a game of keno in any area of an approved venue.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A minor who plays a gaming machine in contravention of this section is not entitled to any winnings he or she may have made on the machine and those winnings are forfeited to the Crown.

(4)  A minor who places a wager on a game of keno is not entitled to any winnings he or she may have made on that wager and those winnings are forfeited to the Crown.

117.   Minors in approved venue – offences by venue operator

(1)  If a minor enters a restricted area of an approved venue, the venue operator is guilty of an offence.

Penalty:  Fine not exceeding 20 penalty units.

(2)  If a minor is in a restricted area of an approved venue, the venue operator must remove the minor or cause the minor to be removed from the restricted area, using no more force than is reasonably necessary.

Penalty:  Fine not exceeding 20 penalty units.

(3)  A venue operator must not allow a person to play a gaming machine or place a wager on a game of keno in any area of an approved venue if the venue operator knows or reasonably suspects that the person is a minor.

Penalty:  Fine not exceeding 20 penalty units.

(4)  It is a defence to a prosecution for an offence under this section if it is proved that –

(a) the minor was above the age of 14 years; and

(b) before the minor entered the restricted area or approved venue (as the case may be) or while the minor was in the restricted area or approved venue (as the case may be) there was produced to the venue operator or to his or her agent or employee acceptable proof of age for the minor.

118.   Entry of minors to be prevented

(1)  If a venue operator or a special employee is aware that a person who may reasonably be suspected of being a minor is attempting to enter a restricted area, the venue operator or special employee must refuse the person entry to the restricted area.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The venue operator or special employee is not required to refuse the person entry if there is produced to the venue operator or employee acceptable proof of age for the person.

119.   Proof of age may be required

(1)  The person for the time being in charge of an approved venue, a special employee, an inspector or a police officer may, if he or she has reasonable cause to suspect that a person in an approved venue is a minor –

(a) require the person in the approved venue to state his or her correct age, name and address; and

(b) if it is suspected on reasonable grounds that the age, name or address given in response to the requirement is false, require the person to produce evidence of its correctness.

(2)  A person must not fail to comply with a requirement under subsection (1) (a) and must not, without reasonable cause, fail to comply with a requirement under subsection (1) (b) .

Penalty:  Fine not exceeding 10 penalty units.

(3)  It is not an offence to fail to comply with a requirement under subsection (1) if the person who made the requirement did not inform the person of whom the requirement was made, at the time it was made, that it is an offence to fail to comply with the requirement.

(4)  If a person contravenes subsection (2) , a police officer may arrest the person without warrant and bring the person before a magistrate to be dealt with according to law.

120.   Minors using false evidence of age

A minor who uses any evidence purporting to be evidence of his or her age in order to obtain entry to or remain in a restricted area is guilty of an offence if the evidence is false in a material particular in relation to the minor.

Penalty:  Fine not exceeding 10 penalty units.

121.   Venue operators must erect warning notices

(1)  A venue operator must cause a notice, in a form approved by the Commission, to be erected at a prominent position at each entrance to each restricted area at an approved venue and to be displayed prominently on each gaming machine.

(2)  The notice must state such of the following information as the Commission may determine:

(a) the minimum age at which a person may enter and remain in the restricted area and operate a gaming machine;

(b) that a person suspected of being under the minimum age may be required to provide evidence of age;

(c) that a person under the minimum age is not entitled to any winnings from the operation of a gaming machine or from placing a wager on a game of keno;

(d) the maximum penalties for entering or remaining in the restricted area, for operating a gaming machine or for placing a wager on a game of keno.

(3)  A venue operator who fails to comply with subsection (1) is guilty of an offence.

Penalty:  Fine not exceeding 40 penalty units.

122.   Apprentices permitted entry to restricted areas

It is a defence to a prosecution under this Part if it is proved that the minor concerned was an apprentice or trainee (within the meaning of the Industrial and Commercial Training Act 1985 ) and that the minor's entry into or presence in the restricted area on the occasion in question was for the purpose only of his or her receiving training or instruction as an apprentice or trainee.

PART 7 - Tasmanian Gaming Commission

123.   Tasmanian Gaming Commission

(1)  The Tasmanian Gaming Commission is established.

(2)  The Commission –

(a) is a body corporate with perpetual succession; and

(b) has a seal; and

(c) may sue and be sued in its corporate name.

(3)  The seal of the Commission is to be kept and used as authorized by the Commission.

(4)  All courts and persons acting judicially must take judicial notice of the imprint of the seal of the Commission on a document and presume that it was duly sealed by the Commission.

124.   Membership of Commission

(1)  The Commission consists of 3 persons appointed by the Governor on the recommendation of the Minister.

(2)  The Minister must not recommend a person for appointment as a member of the Commission unless the Minister is satisfied that the person has appropriate knowledge, experience and expertise to act as a member.

(3)  A person is not eligible to be appointed as a member of the Commission if that person has been employed by or significantly associated with a licensed premises gaming operator, casino operator or gaming operator at any time within the preceding 2 years.

(4)  One of the members of the Commission is to be appointed by the Governor to be the chairperson of the Commission.

(5)  Schedule 2 has effect.

(6)  Schedule 3 has effect.

(7)  Until the members of the Commission are appointed under subsection (1) , but for a period not exceeding one year after the commencement of this Act, the Commission is to be a corporation sole constituted by the Secretary of the Department.

125.   Functions of Commission

The functions of the Commission are as follows:

(a) to regulate and control gaming to ensure that it is conducted honestly and free from criminal influence and exploitation;

(b) to investigate and make recommendations to the Minister on matters relating to gaming policy;

(c) to research and investigate matters relating to the control of gaming including the probity and financial security of persons involved in the management of gaming operations;

(d) to liaise with authorities or persons responsible for the regulation and control of the conduct of gaming;

(e) to review and determine complaints relating to the conduct of gaming;

(f) to perform such other functions as are imposed on it by this Act or any other Act or as are prescribed.

126.   Powers of Commission

The Commission has power to do all things necessary or convenient to be done in connection with the performance of its functions under this Act or any other Act.

127.   Power of Minister to give directions to Commission

(1)  The Minister may give to the Commission any direction that the Minister considers to be necessary or desirable with respect to the performance or exercise by the Commission of its functions or powers under this Act or any other Act.

(2)  The Commission is not bound by a direction given under subsection (1) unless the direction is in writing and signed by the Minister.

(3)  The power conferred on the Minister by subsection (1) must not be exercised so as –

(a) to require the Commission to do anything that it is not empowered to do by this Act or any other Act; or

(b) to prevent the Commission from performing any function that it is expressly required by this Act or any other Act to perform, whether conditionally or unconditionally; or

(c) to interfere with the formation by the Commission of any opinion or belief in relation to any matter that is to be determined as a prerequisite to the performance or exercise by the Commission of any of its functions or powers under this Act or any other Act.

(4)  Subsection (1) does not authorize the Minister to give a direction to the Commission preventing it from –

(a) granting or refusing to grant; or

(b) exercising its power under this Act or any other Act to cancel, revoke or suspend –

any licence, approval or other authority that it may grant or issue under this Act.

(5)  The Minister may, at any time, by notice in writing given to the Commission, revoke a direction given to it under subsection (1) .

PART 8 - Inspectors

128.   Appointment

(1)  Subject to and in accordance with the Tasmanian State Service Act 1984 , there may be appointed or employed inspectors for the purposes of this Act.

(2)  The Secretary of the Department may –

(a) appoint persons employed in the Department; and

(b) with the approval of the Head of another Agency, within the meaning of the Tasmanian State Service Act 1984 , appoint persons employed in that Agency –

to be inspectors for the purposes of this Act and those persons hold office in conjunction with their positions or offices under that Act.

(3)  A person may not be appointed as an inspector under subsection (1) or (2) unless the Commission is satisfied after due inquiry that the person is of good reputation, having regard to character, honesty and integrity.

(4)  The Commission may require a person the Commission is inquiring into in relation to the person's suitability to be appointed an inspector to consent to having his or her photograph, finger prints and palm prints taken.

(5)  The Commission must refer a copy of any photograph, finger prints and palm prints and any supporting documentation to the Commissioner of Police.

(6)  The Commissioner of Police must inquire into and report to the Commission on any matters concerning the person's suitability to be appointed as an inspector that the Commission requests.

(7)  Unless the Commission otherwise approves, a person is not eligible to be appointed an inspector if, at any time during the preceding 2 years, the person has been employed by or significantly associated with a licensed operator.

129.   Identification of inspectors

(1)  An inspector is not authorized to exercise the functions of an inspector unless he or she is in possession of an identification card issued by the Commission.

(2)  If a person proposing to exercise the functions of an inspector fails to produce on demand his or her identification card, the person is not authorized to exercise those functions in relation to the person making the demand.

130.   Entry into premises

(1)  An inspector or a police officer may at any time enter and remain on the premises of a venue operator, gaming operator or person listed on the Roll for the purposes of doing any one or more of the following:

(a) observing the conduct of gaming on such premises;

(b) ascertaining whether the operation of any such premises is being properly conducted, supervised and managed;

(c) ascertaining whether the provisions of this Act or any other Act are being complied with;

(d) in any other respect, exercising his or her functions under this Act.

(2)  [Section 130 Subsection (2) substituted by No. 46 of 1996, s. 12 ]An inspector or a police officer may at any time enter and remain on any licensed premises or non-licensed premises to ascertain whether any unlawful gaming is being carried out on those premises.

(3)  [Section 130 Subsection (3) inserted by No. 46 of 1996, s. 12 ]An inspector or a police officer must not remain on any premises if he or she does not produce an identity card when requested to do so by a person apparently in charge of the premises.

131.   Functions of inspectors

(1)  [Section 131 Subsection (1) amended by No. 46 of 1996, s. 13 ]The functions of inspectors under this Act are as follows:

(a) to supervise operations at approved venues and on the premises of gaming operators and persons listed on the Roll, and to inspect the gaming equipment used and records kept in such premises, for the purpose of ascertaining whether or not the operator or person listed is complying with the provisions of this Act, the conditions of the licence, and any directions or rules issued by the Commission under this Act;

(b) to supervise the handling and counting of money in a casino;

(c) to receive and investigate complaints, in accordance with section 132 , from patrons relating to the conduct of gaming at approved venues;

(d) to assist in any other manner, where necessary, in the detection of offences committed against this Act or the Racing and Gaming Act 1952 ;

(e) to report to the Commission as required;

(f) such other functions as are conferred on inspectors under this Act or any other Act.

(2)  Inspectors must not participate in gaming while on duty other than as required in the course of their employment.

Penalty:  Fine not exceeding 20 penalty units.

132.   Investigation of complaints

(1)  [Section 132 Subsection (1) amended by No. 46 of 1996, s. 14 ]On receiving a complaint from a patron relating to the conduct of gaming at an approved venue or non-licensed premises, an inspector must as soon as possible investigate the complaint.

(2)  [Section 132 Subsection (2) amended by No. 46 of 1996, s. 14 ]Unless the Commission otherwise directs, the inspector must inform the venue operator or person apparently in charge of the non-licensed premises and, if applicable, the relevant gaming operator of the substance of the complaint and give each of the operators a reasonable opportunity to make a response to it.

(3)  If, as a result of the investigation, the inspector is satisfied that there has been a contravention of –

(a) a condition of a licence granted under this Act; or

(b) the rules of a game approved under this Act; or

(c) any direction given by the Commission under this Act; or

(d) any of the internal controls or administrative and accounting procedures for a casino under section 137 ; or

(e) any other provision of this Act or any other Act –

the inspector must report the matter to the Commission in writing.

(4)  The Commission must inform the complainant of the results of the investigation of the complaint and of any action taken as a consequence of it.

133.   Powers of inspectors

(1)  [Section 133 Subsection (1) amended by No. 46 of 1996, s. 15 ]An inspector may do any one or more of the following:

(a) require any person in possession of, or having control of, any gaming equipment or records to produce the equipment or records for inspection and to answer questions or provide information relating to the equipment or records;

(b) inspect any gaming equipment or records and take copies of, extracts from, or notes relating to, any records;

(c) if the inspector considers it necessary to do so for the purpose of obtaining evidence of the commission of an offence, seize any gaming equipment, records or prohibited device;

(d) by notice in writing require –

(i) the venue operator or the gaming operator; or

(ii) the manufacturer or supplier listed on the Roll; or

(iii) a special employee; or

(iv) an employee of a person referred to in subparagraph (ii) –

to attend before the inspector at a specified time or place and answer questions, or provide information, with respect to any business or activity authorized by a licence under this Act.

(e) examine and test any gaming equipment in such premises and order the person in charge of the premises to withdraw unsatisfactory gaming equipment from use on the premises;

(ea) require any person to provide assistance to the inspector that is reasonably necessary to perform his or her functions;

(f) call to his or her aid a police officer if he or she is obstructed, or believes on reasonable grounds that he or she will be obstructed, in the exercise of his or her functions;

(g) any other thing authorized under this Act or any other Act to be done by an inspector.

(2)  If an inspector seizes gaming equipment, records or a prohibited device under this section, they may be retained by the Commission until the completion of any proceedings in which they may be evidence but only if, in the case of records, the person from whom the records were seized is provided, within a reasonable time after the seizure, with a copy of the records certified by the Commission as a true copy.

(3)  Subsection (2) ceases to have effect in relation to things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that subsection are instituted so orders.

(4)  A copy of records provided under subsection (2) is, as evidence, of equal validity to the records of which it is certified to be a copy.

(5)  A person is not required by this section to answer a question that might incriminate the person.

(6)  A police officer has, while assisting an inspector, the functions of an inspector.

(7)  [Section 133 Subsection (7) substituted by No. 46 of 1996, s. 15 ]In this section, records means records relating to –

(a) any business or activity authorised by a licence under this Act; and

(b) any unlawful gaming under this Act or the Racing and Gaming Act 1952 ; and

(c) any controlled activities within the meaning of the Racing and Gaming Act 1952 .

134.   Search warrants

(1)  [Section 134 Subsection (1) amended by No. 46 of 1996, s. 16 ]An inspector, with the consent of the Commission, or a police officer may apply to a magistrate for the issue of a search warrant if the inspector or police officer believes on reasonable grounds that there are on any premises gaming equipment, records or a prohibited device and that –

(a) in relation to those articles an offence under this Act or the Racing and Gaming Act 1952 has been, is being, or is likely to be, committed; or

(b) those articles may be evidence of an offence under this Act or the Racing and Gaming Act 1952 .

(2)  A magistrate to whom such an application is made, if satisfied by evidence on oath or by affidavit that there are reasonable grounds for doing so, may issue a search warrant in a form approved by the magistrate authorizing an inspector or police officer named in the warrant and any assistants to enter the premises, or part of premises, specified in the warrant for the purpose of searching for and seizing the gaming equipment, records or prohibited device referred to in subsection (1) .

(3)  A search warrant issued under this section ceases to have effect at the expiration of one month after its issue.

(4)  In this section, records has the same meaning as in section 133 .

135.   Offences relating to inspectors

(1)  [Section 135 Subsection (1) amended by No. 46 of 1996, s. 17 ]A person must not –

(a) assault, obstruct, hinder, threaten, abuse, insult or intimidate an inspector or a police officer when the inspector or police officer is exercising or attempting to exercise his or her functions under this Act; or

(b) fail to produce for inspection any gaming equipment, records or prohibited device in the possession or under the control of the person when required so to do by an inspector or police officer in the exercise of his or her functions under this Act; or

(c) fail without reasonable excuse to attend before an inspector or police officer and answer questions or supply information when required so to do by the inspector or police officer in the exercise of his or her functions under this Act; or

(d) except with the permission of an inspector or police officer, take any gaming equipment, records or prohibited device seized, impounded or retained under the authority of this Act; or

(e) when directed by an inspector or police officer, in the exercise of his or her functions under this Act, to cease to have available for use any gaming equipment considered by the inspector or police officer to be unsatisfactory for use, fail to comply with the direction; or

(ea) fail without reasonable excuse to comply with a requirement of an inspector to provide assistance that is reasonably necessary for the inspector to perform his or her functions; or

(f) prevent, directly or indirectly, a person from attending before an inspector or police officer, producing to an inspector or member any gaming equipment, records or prohibited device or answering any question of, or supplying any information to an inspector or police officer when that person is required to do so under this Act.

Penalty:  Fine not exceeding 50 penalty units.

(2)  If an inspector or a police officer requires a person at an approved venue or at the premises of a gaming operator or a manufacturer or supplier listed on the Roll to state his or her full name and residential address the person must not –

(a) fail to comply with the requirement; or

(b) in purported compliance with the requirement, state a name or address that is false.

Penalty:  Fine not exceeding 20 penalty units.

(3)  An inspector or a police officer is not authorized to require a person at an approved venue, or on premises, referred to in subsection (2) to state his or her full name or residential address unless the inspector or police officer –

(a) suspects on reasonable grounds that the person has committed an offence; and

(b) has informed the person, at the time of stating the requirement, that it is an offence to fail to comply with the requirement.

(4)  In this section, records has the same meaning as in section 133 .

PART 9 - Financial Provisions

Division 1 - Accounts and levies

136.   Calculation of gross profits

(1)  The gross profit derived for any period from the conduct of gaming is to be calculated in accordance with this section.

(2)  The gross profit derived from keno or gaming machine games during any period is to be calculated by deducting from the total amount wagered in that period the sum of all winnings paid, other than jackpots, and amounts determined as prescribed for payment to a jackpot special prize pool.

(3)  Subject to subsection (6) , the gross profit derived from games other than keno approved under section 103 during any period is to be calculated by deducting from the total amount wagered during that period the sum of all winnings paid, and adjusting the amount obtained for any change in the value of unredeemed chips.

(4)  For the purposes of subsection (3) –

(a) if the value of the unredeemed chips at the end of a period is greater than it was at the beginning of the period, an amount equal to the increase in value is to be added to the amount obtained under subsection (3) ; or

(b) if the value of the unredeemed chips at the end of a period is less than it was at the beginning of the period, an amount equal to the reduction in value is to be deducted from the amount obtained under subsection (3) .

(5)  In subsection (4) –

(a) the value of a chip is the amount required to be given for its issue; and

(b) any sum received for the issue of a chip is an amount wagered; and

(c) a chip is unredeemed so long as it is not used in gaming or redeemed for cash.

(6)  The gross profit derived from a game approved under section 103 , where the casino operator receives a commission or payment calculated in accordance with the total amount wagered on such a game, is the commission or payment received by the casino operator.

(7)  A reference to winnings in this section does not include the value of any prizes paid out as part of a promotion.

137.   Controls and procedures to be implemented in casinos

(1)  A casino operator must not conduct operations in the casino unless the Commission has approved in writing a system of internal controls and administrative and accounting procedures for the casino.

(2)  Any approval referred to in subsection (1) may be amended as the Commission thinks fit.

(3)  An approval or amendment of an approval under this section takes effect when notice of it is given in writing to the casino operator concerned or on a later date specified in the notice.

(4)  The casino operator must ensure that the system approved for the time being under this section for the casino is implemented.

Penalty:  Fine not exceeding 50 penalty units.

138.   Content of approved system

(1)  A system of internal controls and administrative and accounting procedures approved for the purposes of section 137 must include (but is not limited to) details of the following:

(a) accounting procedures, including the standardization of forms, and the definition of terms, to be used in operations in a casino;

(b) procedures, forms and, where appropriate, formulas for or with respect to –

(i) gross profit, house percentages and their calculation; and

(ii) the value of money exchanged for chips or gaming tokens; and

(iii) complementary services; and

(iv) training procedures;

(c) job descriptions and the system of organizing personnel and chain of command authority such as to establish diversity of responsibility among employees engaged in operations in a casino and identification of primary and secondary supervisory positions for areas of responsibility, which areas must not be so extensive as to be impractical for an individual to supervise effectively;

(d) procedures for the conduct and playing of games;

(e) procedures for the receipt, storage and disbursement of gaming tokens, chips and cash, the cashing of cheques, the redemption of chips and gaming tokens and the recording of all transactions pertaining to gaming operations;

(f) procedures for the collection and security of money at the gaming tables and other places in a casino where games are conducted;

(g) procedures and forms relating to transfers of money within a casino;

(h) procedures for the transfer of money from the gaming tables and other places in a casino where games are conducted to other areas of a casino for counting;

(i) procedures and forms for the transfer of money, gaming tokens or chips from and to a gaming area;

(j) procedures and security for the counting and recording of revenue;

(k) procedures governing the utilization of an electronic monitoring system for detecting significant events associated with gaming;

(l) procedures for the security, storage and recording of chips and gaming tokens utilized in the gaming operations in a casino;

(m) procedures and standards for the maintenance, security and storage of gaming equipment;

(n) procedures for the payment and recording of winnings;

(o) procedures for the issue of chips and gaming tokens;

(p) procedures for the cashing of cheques and recording of transactions by cheque;

(q) procedures for the establishment and use of deposit accounts;

(r) procedures for the use and management of security and surveillance facilities, including closed circuit television systems;

(s) procedures governing the utilization of security personnel within a casino;

(t) procedures for the control of keys used or for use in operations in a casino.

(2)  For the purposes of an approval or amendment of an approval, controls and procedures may be described narratively or represented diagrammatically, or by a combination of both methods.

(3)  For the purposes of subsection (1) (k) , significant events means events determined by the Commission and notified to the casino operator.

139.   Banking

(1)  [Section 139 Subsection (1) amended by No. 62 of 1996, s. 3 and Sched. 1 ]A venue operator and a gaming operator must –

(a) keep and maintain separate bank, building society or credit union accounts, as approved by the Commission, at a bank, building society or credit union in the State for use solely for all financial transactions arising from the conduct of gaming; and

(b) provide the Commission, as required, and in a form approved by the Commission, with a written authority addressed to the bank, building society or credit union referred to in paragraph (a) authorizing the bank, building society or credit union to comply with any requirements of an inspector exercising the powers conferred by this section.

Penalty:  Fine not exceeding 100 penalty units.

(2)  [Section 139 Subsection (2) amended by No. 62 of 1996, s. 3 and Sched. 1 ]The Commission may, by notice in writing, require the manager or other principal officer of a bank, building society or credit union referred to in subsection (1) to provide an inspector with a statement of an account referred to in that subsection and such other particulars relating to the account as may be specified in the notice.

(3)  A person to whom a notice is given under subsection (2) , must comply with the notice.

Penalty:  Fine not exceeding 50 penalty units.

140.   Accounts

(1)  A venue operator and a gaming operator must keep such accounting records as correctly record and explain transactions arising from the conduct of gaming and the financial position of the operator.

(2)  The accounting records must be kept in such manner as will enable true and fair financial statements and accounts to be prepared from time to time and the financial statements and accounts to be conveniently and properly audited.

(3)  A venue operator and a gaming operator must, as soon as practicable after the end of each financial year, prepare financial statements and accounts, including –

(a) trading accounts, where applicable, for the financial year; and

(b) profit and loss accounts for the financial year; and

(c) a balance sheet as at the end of the financial year that gives a true and fair view of the financial operations of the operator.

Penalty:  Fine not exceeding 50 penalty units.

141.   Records to be kept on the premises

(1)  A venue operator and a gaming operator must ensure that all records relating to the conduct of gaming by the operator are –

(a) kept at the approved venue of the venue operator or at the principal place of business of the operator; and

(b) retained for not less than 7 years after the completion of the transactions to which they relate.

Penalty:  Fine not exceeding 50 penalty units.

(2)  The Commission may by instrument in writing grant an exemption to a venue operator or a gaming operator from all or specified requirements of this section in respect of all or specified, or specified classes of, documents and may grant such an exemption subject to conditions.

142.   Audit

(1)  A casino operator and a gaming operator must, as soon as practicable after the end of each financial year, cause the books, accounts and financial statements of the operator to be audited by an auditor registered under Part 9.2 of the Corporations Law .

(2)  The licensed operator must cause a copy of the financial accounts and the audits statements relating to them as required under the Corporations Law to be lodged with the Commission within 4 months after the end of the financial year to which the report relates.

Penalty:  Fine not exceeding 100 penalty units.

(3)  If requested by the Commission, a licensed operator must cause financial statements, other than those referred to in subsection (2) , to be lodged with the Commission within the period specified in that subsection in respect of a casino operation or a gaming operation.

Penalty:  Fine not exceeding 100 penalty units.

(4)  The Commission may require the financial statements referred to in subsection (3) to be audited by an auditor referred to in subsection (1) .

143.   Submission of reports

(1)  If required by the Commission, a casino operator and a gaming operator must submit reports to the Commission.

(2)  The reports are to be submitted at the times, and are to contain the information, that is specified by notice in writing given to the casino operator or gaming operator by the Commission from time to time.

Penalty:  Fine not exceeding 50 penalty units.

144.   Returns to players

(1)  A casino operator and a gaming operator must ensure that the pay-out schedule on gaming machines at each approved venue is set so as to return to players the players' proportion of the total amounts wagered.

(2)  The players' proportion of the total amounts wagered includes the sum of jackpot special prizes determined under the rules approved by the Commission under section 84 and is not less than 85%.

145.   Other returns by gaming operators

(1)  A gaming operator must ensure that the venue operator is paid in respect of such periods as the Commission determines –

(a) in respect of keno wagers, accepted by the venue operator – the percentage of the total amount wagered on keno at the approved venue during that period as agreed by the gaming operator and the venue operator under a relevant contract approved by the Commission under section 77 ; and

(b) in respect of gaming machines – the venue operator's percentage of the gross profit derived during that period from gaming machines operated by the gaming operator at the approved venue.

(2)  The venue operator's percentage is –

(a) in the case of a venue operator who holds a licence referred to in section 10 of the Liquor and Accommodation Act 1990 – 32%; and

(b) in any other case – 30%.

Division 2 - Licence fees, taxation and other amounts payable

146.   Casino licence fee

(1)  The holder of a casino licence must pay a licence fee to the Treasurer on the first day of each month during the currency of the licence.

(2)  Subject to subsection (3) , the licence fee payable under subsection (1) is –

(a) during the period between the nominated day and the changeover day – $10 800 per month; and

(b) during the period between the changeover day and 30 June 1994 – $27 500 per month; and

(c) during the period between 1 July 1994 to 31 December 1994 – $44 100 per month; and

(d) during the period between 1 January 1995 to 30 June 1996 – $60 800 per month; and

(e) during the financial year commencing on 1 July 1996 – $60 800 per month multiplied by the relevant factor; and

(f) during any subsequent financial year – the licence fee for the previous year multiplied by the relevant factor.

(3)  A licence fee calculated in accordance with subsection (2) (e) or (f) is to be rounded to the nearest one hundred dollars with fifty dollars being rounded to the next one hundred dollars.

(4)  In this section –

changeover day means –

(a) the first day of the month in which the number of gaming machines operated by the holder of the casino licence exceed the number of gaming machines operated by that licence holder under an existing licence; or

(b) the first day of the month in which the Commission gives approval under section 90 (3) to commence gaming using gaming machine games other than the games deemed to be approved under section 80 pursuant to section 178 (2) ; or

(c) 1 March 1994 –

whichever is the earlier;

Consumer Price Index means –

(a) the All Groups Consumer Price Index for Hobart published by the Australian Bureau of Statistics; and

(b) if the Consumer Price Index is suspended or discontinued, such index published by the Australian Bureau of Statistics as determined by the Commission which reflects movements of the cost of living in Hobart;

March quarter means the months of January, February and March;

nominated day means the first day of the month following the day on which this Act commences;

relevant factor, in relation to a financial year, means a factor calculated by dividing the Consumer Price Index for the March quarter preceding that financial year by the Consumer Price Index for the March quarter in the calendar year immediately preceding that financial year.

147.   Gaming operator licence fee

(1)  The holder of a gaming operator's licence must pay the licence fee prescribed, if any, to the Treasurer on the first day of each month during the currency of the licence.

(2)  A licence fee is not payable by a gaming operator where the gaming operator constitutes a group, within the meaning of Part IIIA of the Pay-roll Tax Act 1971 , with a casino operator.

148.   Licensed premises gaming licence fee

(1)  The holder of a licensed premises gaming licence must pay a licence fee to the Treasurer on the first day that the licence takes effect and on the end of each period of 12 months after that day.

(2)  The licence fee payable under subsection (1) is the sum of $1 000 and an amount of $100 for each machine permitted under the licence in excess of 10.

149.   Unclaimed winnings

(1)  A licensed operator must pay to the Treasurer, on or before the 7th day of each month, an amount equal to unclaimed winnings arising from the conduct of gaming during the preceding month.

(2)  The amount of unclaimed winnings for a month in respect of the game of keno is to be calculated in accordance with the following formula:

where –

A is the amount of unclaimed winnings for the month;

B is the total amount of winnings payable in respect of winning tickets purchased during the month that were unpresented at the end of the month;

C is the total amount of winnings paid out during the month in respect of winning tickets that were unpresented at the beginning of the month.

150.   Taxation

(1)  A licensed operator must pay to the Treasurer a tax on the gross profits derived from gaming each month.

(2)  The tax in respect of gross profits derived from games approved under section 103 and from keno is a sum equivalent to 15% of the gross profit derived from those games and from keno.

(3)  The tax in respect of gross profits derived from gaming machine games is a sum equivalent to the total of –

(a) in respect of the period commencing on the commencement day and ending on the day preceding the changeover day – 20% of the gross profits; and

(b) in respect of the period commencing on the changeover day and ending on 30 June 1994 – a sum equivalent to the total of –

(i) 25% of that part of the gross profits derived during the period that do not exceed the relevant factor multiplied by $30 million; and

(ii) 30% of that part of the gross profits derived during that period that exceed the relevant factor multiplied by $30 million but do not exceed the relevant factor multiplied by $35 million; and

(iii) 35% of that part of the gross profits derived during that period that exceed the relevant factor multiplied by $35 million; and

(c) in respect of any financial year commencing on or after 1 July 1994 a sum equivalent to the total of –

(i) 25% of that part of the gross profits derived during a financial year that do not exceed $30 million; and

(ii) 30% of that part of the gross profits derived during a financial year that exceed $30 million but do not exceed $35 million; and

(iii) 35% of that part of the gross profits derived during a financial year that exceed $35 million.

(4)  If 2 or more licensed operators constitute a group, within the meaning of Part IIIA of the Pay-roll Tax Act 1971 , the tax payable under subsection (3) is to be calculated as if the licensed operators which constitute the group were a single licensed operator.

(5)  A sum payable by way of tax under subsection (1) must be paid to the Treasurer on or before the 7th day of the month immediately following the month to which that tax relates.

(6)  For the purpose of this section, the relevant factor is the number of days commencing on the changeover day and ending on 30 June 1994 divided by 365.

(7)  In this section –

changeover day means –

(a) the day on which the number of gaming machines operated by the holder of the casino licence exceed the number of gaming machines operated by that licence holder under an existing licence; or

(b) the day on which the Commission gives approval under section 90 (3) to commence gaming using gaming machine games other than the games deemed to be approved under section 80 pursuant to section 178 (2) ; or

(c) 1 March 1994 –

whichever is the earlier;

commencement day means the day on which this Act commences.

151.   Community support levy

(1)  A gaming operator must pay to the Treasurer a levy each month being a sum equivalent to the community support percentage of the gross profit derived from gaming machine games.

(2)  The community support percentage is –

(a) in the case of the gross profit derived from an approved venue in respect of which a licence is in force under section 10 of the Liquor and Accommodation Act 1990 – 2%; and

(b) in any other case – 4%.

(3)  A sum payable under subsection (1) must be paid to the Treasurer on or before the 7th day of each month immediately following the month to which it relates.

(4)  The Treasurer must distribute the levy as follows:

(a) 25% for the benefit of sport and recreation clubs;

(b) 25% for the benefit of charitable organizations;

(c) 50% for the provision of –

(i) research into gambling; and

(ii) services for the prevention of compulsive gambling; and

(iii) treatment or rehabilitation of compulsive gamblers; and

(iv) community education concerning gambling; and

(v) other health services.

152.   Special financial arrangements

Where the Deed provides –

(a) for the payment of guaranteed minimum amounts of tax by the person who is issued with a licence under section 13 any additional amounts payable in accordance with the Deed are deemed to be a tax payable under section 150 ; and

(b) for a rebate of the licence fee payable under section 146 , any amounts payable by the Minister in accordance with the Deed are deemed to be amounts owing to the person referred to in paragraph (a) and may be offset against any other amount due by that person under this Act.

153.   Debt due to the Crown

All amounts due under this Part may be recovered by the Treasurer in a court of competent jurisdiction as a debt due to the Crown.

PART 10 - Miscellaneous

154.   Manufacture, &c., of gaming equipment

(1)  A venue operator and a gaming operator must not manufacture, sell, supply, obtain or be in possession of gaming equipment except in accordance with this Act.

Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 4 years or both.

(2)  Despite subsection (1) , a venue operator and a gaming operator may manufacture, sell, supply, obtain or be in possession of gaming equipment if –

(a) the equipment is for use outside Tasmania; and

(b) the person has the written authority of the Commission.

(3)  The authority of the Commission may be subject to any terms, conditions or limitations that the Commission thinks fit.

155.   Possession of gaming equipment

(1)  [Section 155 Subsection (1) amended by No. 46 of 1996, s. 18 ]The Commission may authorize in writing any person or class of persons to be in possession of gaming equipment for the purpose of testing, training, promotion, research or development.

(2)  [Section 155 Subsection (2) inserted by No. 46 of 1996, s. 18 ]The Commission may authorise a casino operator to provide gaming equipment for gratuitous gaming or static displays subject to any condition relating to the use and operation of the equipment the Commission determines.

156.   Seizure and forfeiture of equipment

(1)  A police officer or an inspector may seize without warrant any equipment which the police officer or inspector reasonably suspects is gaming equipment that is not authorized under this Act to be in an approved venue.

(2)  A police officer or inspector may apply to a court not less than 28 days after seizure of equipment for an order that the equipment seized be forfeited to the Crown.

(3)  On an application under subsection (2) , the court must order that the equipment be forfeited to the Crown if the court is satisfied that the equipment is gaming equipment that is not authorized under this Act to be in the approved venue regardless of whether a charge has been filed in relation to the equipment or whether a person has been convicted of an offence in relation to the equipment.

(4)  The owner of equipment seized under subsection (1) may apply, within 28 days of the seizure, to a court for the return of the equipment.

(5)  On an application under subsection (4) , the court must order that the equipment be returned to its owner if the court is satisfied that the equipment is gaming equipment authorized under this Act to be in the approved venue.

(6)  If the owner of equipment seized under subsection (1) does not apply for the return of the equipment within 28 days of the seizure, the equipment is forfeited to the Crown.

(7)  Any equipment forfeited under this section is to be sold or otherwise disposed of in accordance with the directions of the court.

(8)  The proceeds (if any) of the sale or disposal is to be applied as if they were penalties.

157.   Secrecy

(1)  Subject to subsection (3) , a person must not directly or indirectly, except in the performance of duties or exercise of powers under this Act, make a record of, or divulge to any person, any information with respect to the affairs of another person acquired by the first-mentioned person in the performance of those duties or exercise of those powers.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Subject to subsection (5) , a person is not, except for the purposes of this Act, required –

(a) to produce in a court a document that has come into his or her possession or under his or her control; or

(b) to divulge to a court any information that has come to his or her notice –

in the performance of duties or exercise of powers under this Act.

(3)  A person may –

(a) divulge specified information to such persons as the Minister directs if the Minister certifies that it is necessary in the public interest that the information should be so divulged; or

(b) divulge information to a law enforcement agency or gaming regulation agency; or

(c) divulge information to a person who is expressly or impliedly authorized by the person to whom the information relates to obtain it.

(4)  An authority or person to whom information is divulged under subsection (3) , and a person or employee under the control of that authority or person, is subject, in respect of that information, to the same rights, privileges, obligations and liabilities under this section as if that authority, person or employee were a person performing duties under this Act and had acquired the information in the performance of those duties.

(5)  If –

(a) the Minister certifies that it is necessary in the public interest that specified information should be divulged to a court; or

(b) a person to whom information relates has expressly authorized it to be divulged to a court –

a person may be required –

(c) to produce in the court any document containing the information; or

(d) to divulge the information to the court.

(6)  This provision has effect notwithstanding anything contained in the Freedom of Information Act 1991 .

(7)  In this section –

court includes any tribunal, authority or person having power to require the production of documents or the answering of questions;

gaming regulation agency means any authority or person responsible for the regulation and control of the conduct of gaming in any other State or a Territory;

produce includes permit access to.

158.   Delegation

[Section 158 Amended by No. 46 of 1996, s. 19 ]The Commission may delegate any of its functions or powers under this Act or any other Act (other than this power of delegation).

159.   Conflict of interest and duty

(1)  An authorized person must not be a venue operator, a gaming operator, a manufacturer or supplier listed on the Roll or an employee in any capacity of such an operator, manufacturer or supplier.

(2)  An authorized person who knowingly has directly or indirectly, any business or financial association with or any business or financial interest in any matter in conjunction with a venue operator, gaming operator or manufacturer or supplier listed on the Roll must as soon as possible –

(a) notify the Commission of the association or interest; and

(b) if directed to do so by the Commission, within a time specified by the Commission terminate the association or relinquish the interest.

(3)  An authorized person who ceases to be employed under the Tasmanian State Service Act 1984 after the commencement of this Act must not at any time during the next 2 years, be employed by or significantly associated with, a casino operator, gaming operator or manufacturer or supplier listed on the Roll unless the Commission otherwise approves.

(4)  A person who ceases to be a Commissioner must not at any time during the next 2 years after ceasing to be a Commissioner be employed by, or significantly associated with, a licensed premises gaming operator, casino operator, gaming operator or manufacturer or supplier listed on the Roll unless the Commission otherwise approves.

(5)  Subsection (3) does not apply to a person who immediately before the commencement of this Act held office as the Commissioner for Gaming or as an inspector under the Gaming Act 1983 .

(6)  A casino operator, gaming operator or manufacturer or supplier listed on the Roll must not employ, or be significantly associated with, a person prohibited by subsection (3) or (4) from being so employed or associated.

Penalty:  Fine not exceeding 50 penalty units.

160.   Protection from liability of authorized persons

(1)  An authorized person does not incur any personal liability in respect of any act done or omitted to be done by the authorized person in good faith in the performance or exercise, or purported performance or exercise, of any function or power of the authorized person or in the administration or execution, or proposed administration or execution, of this Act.

(2)  Subsection (1) does not preclude the Crown from incurring liability that the authorized person would, but for subsection (1) , incur.

161.   Change in situation of licensee or person listed on the Roll

Whenever a change of a kind specified by the Commission in writing given to the holder of any licence under this Act or a manufacturer or supplier listed on the Roll takes place in the situation existing in relation to that person, the person must notify the Commission in writing of the change within 14 days after it takes place.

Penalty:  Fine not exceeding 20 penalty units.

162.   Destruction of finger prints, &c.

(1)  Any finger prints or palm prints obtained by the Commission under this Act and any copies of them must be destroyed by the Commission as soon as the Commission has no further use for them.

(2)  The Commission is deemed to have no further use for finger prints or palm prints when –

(a) they were obtained in connection with an application for a licensed premises gaming licence and the application is refused; or

(b) they were obtained in connection with the grant of a casino licence or a gaming operator's licence and the licence is not granted; or

(c) they were obtained in connection with an application by a manufacturer or supplier to be listed on the Roll and the application is refused; or

(d) the licence in connection with which they were obtained is cancelled or surrendered; or

(e) they were obtained in connection with the appointment of a person as an inspector or as an authorized person and the person is not so appointed.

(3)  A person who in connection with an application for a licence or to be listed on the Roll or appointment as an inspector has possession of finger prints or palm prints obtained by the Commission under this Act, or copies of them, must deliver them to the Commission, in accordance with the directions of the Commission, so as to enable the Commission to comply with subsection (1) .

Penalty:  Fine not exceeding 20 penalty units.

(4)  The holder of a special employee's licence may, when his or her licence is surrendered, request that his or her finger prints or palm prints be retained by the Commission for a period not exceeding 3 years.

163.   Records not kept in writing

(1)  This section applies to a record that –

(a) is not in writing; or

(b) is not written in the English language; or

(c) is not decipherable on sight.

(2)  A requirement under this Act to produce a record is to be considered to be a requirement to produce (in addition to the record if it is in writing or instead of the record if it is not in writing) a statement written in the English language and decipherable on sight containing the whole of the information in the record.

164.   False or misleading information

(1)  A person must not –

(a) in, or in relation to, an application for a licence; or

(b) in purported compliance with the requirements of a notice under this Act; or

(c) in answer to a question asked by an inspector in the exercise of his or her functions as an inspector; or

(d) in purporting to provide information that the person has been authorized to provide –

give information that is false or misleading in a material particular.

Penalty:  Fine not exceeding 50 penalty units.

(2)  It is a defence to a prosecution of a person for an offence under subsection (1) if it is proved that, at the time the information was given, the person believed, on reasonable grounds –

(a) in the case of false information that the information was true; or

(b) in the case of misleading information that the information was not misleading.

165.   Inducements, cheating, &c.

(1)  A person must not dishonestly –

(a) by a scheme or practice; or

(b) by the use of gaming equipment; or

(c) by the use of an instrument or article of a type used in connection with gaming, or appearing to be of a type used in connection with gaming or of any other thing –

in relation to gaming or the conduct of gaming, induce –

(d) a person licensed under this Act; or

(e) a person listed on the Roll; or

(f) an associate of a person so licensed or listed; or

(g) a person acting on behalf of a person so licensed or listed –

to deliver, give or credit to the first-mentioned person or another person any money, chips, gaming tokens, benefit, advantage, valuable consideration or security.

(2)  A person licensed under this Act or a person listed on the Roll or an associate of a person so licensed or listed must not dishonestly –

(a) by a scheme or practice; or

(b) by the use of gaming equipment; or

(c) by the use of an instrument or article of a type used in connection with gaming or appearing to be of a type used in connection with gaming or of any other thing –

in relation to gaming or the conduct of gaming, induce a person to deliver, give or credit to the person so licensed or listed or another person, any money, chips, gaming tokens, benefit, advantage, valuable consideration or security.

(3)  A person must not dishonestly cause gaming equipment to deliver, give or credit to the person or another person any chips, gaming tokens, benefit, advantage, valuable consideration or security.

Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 4 years or both.

166.   Bribery of authorized persons

(1)  An authorized person must not corruptly ask for, receive or obtain, or agree to receive or obtain, any money, property or benefit of any kind for the authorized person or any other person –

(a) so that the authorized person will forego or neglect his or her functions or duties under this Act or in order to influence the authorized person in the performance of his or her functions or duties under this Act; or

(b) on account of any thing already done or omitted to be done or to be afterwards done or omitted to be done by the authorized person in the performance of his or her functions or duties under this Act; or

(c) for the authorized person to use or take advantage of his or her position improperly to gain any benefit or advantage for or facilitate the commission of an offence by another person.

Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 4 years or both.

(2)  A person must not corruptly give to, confer on or procure for, or promise or offer to give to, confer on or procure for, an authorized person or any other person any money, property or benefit of any kind –

(a) so that the authorized person will forego or neglect his or her functions or duties under this Act or in order to influence the authorized person in the performance of his or her functions or duties under this Act; or

(b) on account of any thing already done or omitted to be done or to be afterwards done or omitted to be done by the authorized person in the performance of his or her functions or duties under this Act; or

(c) for the authorized person to use or take advantage of his or her position improperly to gain any benefit or advantage for or facilitate the commission of an offence by the first-mentioned person or any other person.

Penalty:  Fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 4 years or both.

167.   Gambling by authorized persons prohibited

(1)  An authorized person must not gamble in an approved venue except to the extent that it may be necessary to do so in the exercise of his or her functions in the course of the administration of this Act.

(2)  If an authorized person ceases to be an authorized person, he or she must not gamble in an approved venue during the next 3 months.

Penalty:  Fine not exceeding 20 penalty units.

168.   Service of documents on Commission

(1)  A document may be served on the Commission by sending it by post to the principal office of the Commission or leaving it at that office with a person authorized in writing by the Commission to accept service of documents on behalf of the Commission.

(2)  Nothing in this section affects the operation of any provision of a law or of the rules of a court authorizing a document to be served on the Commission in any other manner.

169.   Evidence

(1)  In proceedings under this Act, an assertion –

(a) that, at a specified time or during a specified period a specified person was the Minister administering this or any other Act; or

(b) that, at a specified time or during a specified period, a specified person held, or is acting in a specified office; or

(c) that a signature purporting to be the signature of a Minister, a police officer or an authorized person is the signature it purports to be; or

(d) that, at a specified time or during a specified period, a specified person was, or was not, the holder of a specified licence under this Act; or

(e) that, at a specified time, a person attained a specified age or that, at a specified time or during a specified period, a specified person was under or over a specified age –

is evidence of the fact or facts asserted.

(2)  In proceedings under this Act –

(a) a document purporting to be a copy of a direction, notice, order, requirement or decision given or made under this Act is evidence of a direction, notice, order, requirement or decision of which it purports to be a copy; and

(b) a document purporting to be a copy of a licence under this Act is evidence of a licence of which it purports to be a copy; and

(c) evidence that a person accepted service of a document is evidence of the authority of the person to accept service of the document.

170.   Offences by corporations

(1)  If a corporation contravenes any provision of this Act, each person who is a director of the corporation or who is concerned in the management of the corporation is to be taken to have contravened the same provision if the person knowingly authorized or permitted the contravention.

(2)  A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the corporation has been proceeded against or convicted under that provision.

(3)  Nothing in this section affects any liability imposed on a corporation for an offence committed by the corporation against this Act.

171.   Proceedings

(1)  A proceeding for an offence against this Act may only be brought by –

(a) a police officer; or

(b) the Commission; or

(c) a person authorized to do so, either generally or in a particular case, by the Commission.

(2)  In a proceeding for an offence against this Act it must be presumed, in the absence of evidence to the contrary, that the person bringing the proceeding was authorized to bring it.

172.   Information gathering for law enforcement purposes

(1)  For the purpose of obtaining information that may be of assistance to a law enforcement agency, the Commission may direct a venue operator, gaming operator or manufacturer or supplier listed on the Roll in writing to provide the Commission with information obtained by the operator, manufacturer or supplier concerning their operations.

(2)  A direction under subsection (1) may relate to particular information or to information generally and may relate to particular or general information concerning a specified person.

(3)  The direction must specify –

(a) the kind of information that the venue operator, gaming operator, manufacturer or supplier is required to provide; and

(b) the manner in which the information is to be provided.

(4)  It is a condition of a casino licence, licensed premises gaming licence or gaming operator's licence that the holder of the licence must comply with a direction under subsection (1) .

(5)  The Commission may make information obtained by the Commission under this section available to any law enforcement agency.

173.   Appeals

(1)  A person aggrieved by a decision of the Commission –

(a) to cancel or suspend, or to refuse to cancel or suspend, a licence under this Act; or

(b) to amend, or to refuse to amend, the conditions of a licence under this Act; or

(c) to list, or refuse to list, a person on the Roll of Recognized Manufacturers and Suppliers of Gaming Equipment under Division 5 of Part 4 –

may appeal to the Supreme Court from the decision.

(2)  The Supreme Court must hear and determine the appeal and make such order as it thinks appropriate by reason of its decision, including, without limiting its power to make such orders –

(a) an order affirming or setting aside the decision of the Commission; or

(b) an order remitting the matter to the Commission to decide again in accordance with the directions of the Supreme Court.

174.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  Regulations under this section may be made for or with respect to any of the following:

(a) the activities of persons licensed under this Act;

(b) the activities of manufacturers and suppliers listed on the Roll;

(c) the periods within which, and the manner in which, appeals may be made to the Supreme Court under section 173 ;

(d) classes of approved venue and the restrictions and entitlements applying to each class;

(e) facilities and amenities in approved venues or classes of approved venue;

(f) security arrangements to be taken by persons licensed under this Act or by manufacturers and suppliers listed on the Roll;

(g) technical standards to which the electronic monitoring systems of gaming operators must conform;

(h) production, registration, security and confidentiality of chips and gaming tokens;

(i) access to gaming machines and other gaming equipment;

(j) administration and accounting procedures of gaming operators and venue operators;

(k) the collection and security of money in approved venues and between approved venues and financial institutions;

(l) procedures for the counting of revenue in approved venues;

(m) procedures and standards for the maintenance, security and storage of gaming equipment;

(n) the acquisition of gaming equipment including tendering and the calling of expressions of interest;

(o) conditions under which linked jackpot arrangements are permitted;

(p) conditions for the accumulation or contribution of money to special prize pools;

(q) fees for the purposes of this Act;

(r) any matter relevant to the proper conduct of gaming.

(3)  Regulations under this section –

(a) may impose a fine not exceeding 20 penalty units for a contravention of or failure to comply with the regulations; and

(b) may be of general or of specially limited application; and

(c) may differ according to differences in time, place or circumstance; and

(d) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person whether –

(i) wholly or partially or as amended by the regulations; or

(ii) as formulated, issued, prescribed or published at the time the regulations are made or any time before then; or

(iii) as formulated, issued, prescribed or published from time to time; and

(e) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission or an authorized person.

(4)  A power conferred by subsection (1) to make regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters:

(a) specific fees;

(b) maximum fees;

(c) minimum fees;

(d) fees that vary according to class of premises or venue;

(e) the manner of payment of fees;

(f) the time or times at which fees are to be paid.

(5)  Regulations under this section may contain provisions of a savings or transitional nature consequent on the enactment of this Act.

(6)  A provision referred to in subsection (5) may, if the regulations so provide, take effect from the commencement of this Act or a later date.

175.   Repeal

The Acts specified in Schedule 4 are repealed.

178.   Transitional and savings provisions

(1)  In this section –

commencement day means the day on which this Act commences;

former body means the Tasmanian Gaming Commission constituted under the Gaming Act 1983 .

(2)  A game that was specified in the casino licence under the Wrest Point Casino Licence and Development Act 1968 immediately before the commencement of this Act and a game in respect of which a declaration under section 10 of the Northern Casino Act 1978 was in force immediately before that commencement are deemed to be approved by the Commission under section 80 or 103 of this Act and the rules in respect of those games are deemed to be approved by the Commission under section 103 .

(3)  Any machine, instrument or device prescribed as being an authorized machine in regulations in force under the Wrest Point Casino Licence and Development Act 1968 or the Northern Casino Act 1978 immediately before the commencement of this Act is deemed to be a gaming machine type approved by the Commission under section 80 or is deemed to be other gaming equipment approved by the Commission under section 81 .

(4)  A direction in force under section 9A of the Wrest Point Casino Licence and Development Act 1968 or section 12 of the Northern Casino Act 1978 immediately before the commencement of this Act in so far as it is not inconsistent with the provisions of this Act is deemed to be a direction given to a casino operator under section 93 .

(5)  Any approval given by the former body in relation to internal controls and administrative and accounting procedures in accordance with a direction referred to in subsection (4) is deemed to be an approval given by the Commission under section 137 .

(6)  The Commission must issue a special employee's licence to a person who, immediately before the commencement of this Act, was authorized under the Gaming Act 1983 to undertake duties approved by the former body in a casino.

(7)  Until the Commission issues a special employee's licence to a person under subsection (6) , the person is deemed to be the holder of a provisional special employee's licence.

(8)  The Commission must issue a technician's licence to a person who, immediately before the commencement of this Act, was authorized under the Gaming Act 1983 to be employed in a casino as a technician.

(9)  Until the Commission issues a technician's licence to a person under subsection (8) , the person is deemed to be the holder of a provisional technician's licence.

(10)  It is to be a condition of a licence issued under subsection (6) or (8) that the licensee consent to having his or her finger prints and palm prints taken by the Commission before 1 January 1997.

(11)  A person who immediately before the commencement of this Act held office as an inspector under the Gaming Act 1983 is taken to be an inspector on the same terms and conditions as those applying to the inspector appointed under the Gaming Act 1983 .

(12)  On the commencement day, the property and rights of the former body vest in the Commission and the liabilities and obligations of the former body become the liabilities and obligations of the Commission.

(13)  On and after the commencement day, any contract or agreement entered into by the former body and in force immediately before that day is taken to be a contract or agreement entered into by the Commission.

(14)  On and after the commencement day, legal proceedings instituted by or against the former body before, and pending on, the commencement day may be continued by or against the Commission.

(15)  Any legal or other proceedings which may, before the commencement day, have been instituted or continued by or against the former body may, on and after that day, be instituted or continued by or against the Commission.

(16)  On and after the commencement day, a judgment or order of a court obtained in legal proceedings by or against the former body may be enforced by or against the Commission.

(17)  On and after the commencement day –

(a) a reference to the former body in any law or in any contract, award or other instrument in force immediately before that day and to which the former body was a party is taken to be a reference to the Commission; and

(b) a document addressed to and purporting to be served on the former body is taken to be served on the Commission.

(18)  All acts, matters and things done or omitted to be done by, or done or suffered in relation to, the former body before the commencement day have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Commission.

179.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –

(a) the administration of this Act is assigned to the Treasurer; and

(b) the Department responsible to the Treasurer in relation to the administration of this Act is the Department of Treasury and Finance.

SCHEDULE 1 - Deed

Section 3

SCHEDULE 2 - Provisions with Respect to Membership of Commission

Section 124

1.   Terms of office

(1) A member of the Commission is to be appointed for such term, not exceeding 4 years, as is specified in the relevant instrument of appointment and, if otherwise qualified, is eligible for reappointment from time to time for a term not exceeding 4 years.

(2) A person is not eligible to be appointed as a member of the Commission if the person has attained the age of 65 years.

2.   Provisions requiring devotion of whole of time to other duties

Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his or her time to the duties of office under that Act, that provision does not operate to disqualify that person from holding that office and also the office of a member of the Commission.

3.   Conditions of appointment

(1) Subject to subclause (2) , a member of the Commission is entitled to be paid such remuneration and allowances as the Governor may from time to time determine.

(2) A member of the Commission holds office on such conditions in relation to matters not provided for by this Act as are specified in the instrument of appointment.

4.   Deputies of members

(1) The Minister may appoint a deputy of a member of the Commission.

(2) If a member of the Commission is unable for any reason to perform the duties of a member, the member's deputy may perform those duties and, when doing so, is treated as a member.

(3) A deputy member of the Commission holds office for such term, not exceeding 4 years, and on such conditions as are specified in the deputy member's instrument of appointment.

5.   Resignation

A member of the Commission may resign by signed notice given to the Governor.

6.   Removal of member of Commission

The Governor may remove a member of the Commission from office if –

(a) the member fails to disclose a pecuniary interest as required under clause 6 of Schedule 3 ; or

(b) the member is convicted in Tasmania, or elsewhere, of an offence involving fraud or dishonesty which is punishable on conviction by imprisonment for a term of 3 months or more or of an offence which is punishable by imprisonment for a term of 12 months or more; or

(c) the Governor considers that the member is physically or mentally incapable of continuing as a member; or

(d) the Governor considers that the member is unable to perform adequately or competently the functions of the office as a member; or

(e) the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

(f) the member is absent from 3 consecutive ordinary meetings of the Commission without leave of absence; or

(g) the member attains the age of 65 years.

7.   Filling of vacancy

(1) A member of the Commission vacates office if the member –

(a) dies; or

(b) resigns; or

(c) is removed from office under clause 6 .

(2) The Minister may appoint a person to a vacant office of a member for the residue of the predecessor's term of office.

8.   Validity of proceedings, &c.

(1) An act or proceeding of the Commission or of any person acting under a power of delegation of the Commission is not invalidated or prejudiced by reason only of the fact that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Commission.

(2) All acts and proceedings of the Commission or of any person acting under a power of delegation of the Commission are, notwithstanding the subsequent discovery of any defect in the appointment of any member of the Commission or that any person was disqualified from acting as, or incapable of being, a member of the Commission, as valid as if the member had been duly appointed and was qualified to act as, or capable of being, a member, and as if the Commission had been fully constituted.

9.   Presumptions

In any proceedings by or against the Commission, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Commission; or

(b) any resolution of the Commission; or

(c) the appointment of any member of the Commission; or

(d) the presence of a quorum at any meeting of the Commission.

SCHEDULE 3 - Provisions with Respect to Meetings of Commission

Section 124

1.   Convening of meetings

Meetings of the Commission may be convened by the chairperson of the Commission or by any 2 members of the Commission.

2.   Presiding at meetings

(1) The chairperson of the Commission is to preside at all meetings of the Commission at which the chairperson is present.

(2) If the chairperson of the Commission is not present at a meeting of the Commission, a member of the Commission elected by the members present is to preside at that meeting.

3.   Quorum and voting at meetings

(1) Two members of the Commission form a quorum at any duly convened meeting of the Commission.

(2) Any duly convened meeting of the Commission at which a quorum is present is competent to transact any business of the Commission.

(3) Questions arising at a meeting of the Commission are to be determined by a majority of votes of the members of the Commission present and voting and, in the event of an equality of votes, the person presiding at the meeting has a second or casting vote.

4.   Conduct of meetings

(1) Subject to this Act, the Commission may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.

(2) The Commission may permit members to participate in a particular meeting or all meetings by telephone or any other means of communication.

(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.

(4) Without limiting subclause (1) , the Commission may allow a person to attend a meeting for the purpose of advising or informing it on any matter.

5.   Minutes

The Commission is to keep minutes of its proceedings.

6.   Disclosure of interests

(1) If –

(a) a member of the Commission has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Commission; and

(b) the interest could conflict with the proper performance of the member's duties in relation to consideration of the matter –

the member must, as soon as practicable after the relevant facts come to the member's knowledge, disclose the nature of the interest to a meeting of the Commission.

(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting and, unless the Commission otherwise determines, the member is not to –

(a) be present during any deliberation of the Commission in relation to the matter; or

(b) take part in any decision of the Commission in relation to the matter.

(3) For the purpose of making a determination under subclause (2) in relation to a member who has made a disclosure under subclause (1) , a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates is not to –

(a) be present during any deliberations of the Commission for the purpose of making the determination; or

(b) take part in the making by the Commission of the determination.

SCHEDULE 4 - Acts repealed

Sections 3 and 175