Gaming Control Amendment Act 1999

Gaming Control Amendment Act 1999

An Act to amend the Gaming Control Act 1993

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:

1.   Short title

This Act may be cited as the Gaming Control Amendment Act 1999 .

2.   Commencement

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

3.   Principal Act

In this Act, the Gaming Control Act 1993 is referred to as the Principal Act.

4.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by inserting the following definitions before the definition of approved gaming equipment in subsection (1) :

amend means –

(a) insert matter; and

(b) omit matter; and

(c) omit matter and substitute other matter;

approved game means a game approved under section 76ZZF ;

(b) by inserting the following definitions after the definition of approved gaming equipment in subsection (1) :

approved location means premises specified in a gaming endorsement in which the licensed provider may undertake a gaming activity authorised by the endorsement;

approved rules means rules of an approved game that have been approved under section 76ZZF ;

approved sports event means a sports event declared under subsection (8) to be an approved sports event;

(c) by inserting the following definition after the definition of approved venue in subsection (1) :

authorised deposit-taking institution means a body corporate that is an authorised deposit-taking institution for the purposes of the Banking Act 1959 of the Commonwealth;

(d) by inserting the following definition after the definition of Commissioner in subsection (1) :

competitor includes participant;

(e) by inserting the following definitions after the definition of computer cabinet in subsection (1) :

computer server means a computer that is capable of one or more of the following:

(a) communicating with another computer;

(b) generating a simulated game;

(c) providing to that other computer –

(i) access to a database; or

(ii) transaction-based services; or

(iii) software applications;

control system means a system of internal controls, and administrative and accounting procedures, for the conduct of a gaming business by a licensed provider;

(f) by inserting the following definition after the definition of Deed in subsection (1) :

device includes any electrical, electronic or mechanical machine;

(g) by inserting the following definitions after the definition of existing licence in subsection (1) :

fee unit has the same meaning as in the Fee Units Act 1997 ;

fixed odds wagering endorsement means an endorsement contained in a Tasmanian gaming licence that authorises the activities specified in section 76T ;

fixed odds wagering event means a real horse race, real harness race and real greyhound race;

(h) by inserting "but does not include any major lottery, pools or prescribed game" after "skill" in the definition of game in subsection (1) ;

(i) by inserting the following definitions after the definition of gaming in subsection (1) :

gaming Act means –

(a) the Racing and Gaming Act 1952 ; and

(b) the TT-Line Gaming Act 1993 ; and

(c) the Casino Company Control Act 1973 ; and

(d) an Act of the Commonwealth or another State or a Territory that is similar in effect to this Act or the Racing and Gaming Act 1952 ; and

(e) subordinate legislation under any Act referred to in paragraph (a) , (b) , (c) or (d) ;

gaming activity means the wagering in a contingency relating to any sports event, fixed odds wagering event, simulated game, major lottery, pools or prescribed event if that event, game, major lottery, pools or prescribed event is not a prohibited gaming activity;

(j) by inserting the following definitions after the definition of gaming area in subsection (1) :

gaming business means the business of a licensed provider conducted under the authority of a Tasmanian gaming licence in respect of a gaming endorsement;

gaming endorsement means –

(a) a sports betting endorsement; and

(b) a fixed odds wagering endorsement; and

(c) a simulated gaming endorsement; and

(d) a major lottery endorsement; and

(e) a prescribed endorsement;

(k) by omitting the definition of gaming equipment from subsection (1) and substituting the following definition:

gaming equipment means –

(a) linked jackpot equipment and an electronic monitoring system; and

(b) an electronic, electrical or mechanical device specifically designed, customised or installed for use in connection with gaming or a gaming activity; and

(c) computer software specifically designed, customised or installed for use in connection with gaming or a gaming activity; and

(d) any other device used, or capable of being used, for or in connection with gaming or a gaming activity; and

(e) a part of, or a replacement part for, gaming equipment;

(l) by inserting the following definition after the definition of gaming token in subsection (1) :

greyhound race means a race between greyhound dogs in pursuit of a moving object;

(m) by inserting "simulated games," after "keno," in the definition of gross profit in subsection (1) ;

(n) by inserting the following definitions after the definition of gross profit in subsection (1) :

harness race means a race between horses with a pacing or trotting gait;

horse race means a race between horses with a galloping gait;

(o) by inserting the following definition after the definition of licensed premises gaming operator in subsection (1) :

licensed provider means a person who holds a Tasmanian gaming licence;

(p) by inserting the following definitions after the definition of liquor in subsection (1) :

lottery has the meaning given by section 4A ;

major lottery has the meaning given by section 4B ;

major lottery endorsement means an endorsement contained in a Tasmanian gaming licence that authorises the activities specified in section 76V ;

(q) by inserting the following definitions after the definition of operations in subsection (1) :

player means a person who wagers on any approved sports event, fixed odds wagering event, simulated game, major lottery or pools, otherwise than as a licensed provider or the employee of a licensed provider;

pools means football pools and other similar pools prescribed in the regulations;

(r) by inserting the following definitions after the definition of prescribed duties in subsection (1) :

prescribed endorsement means an endorsement of a kind prescribed in the regulations that is contained in a Tasmanian gaming licence that authorises the activities specified in section 76W ;

prescribed event means an event, or an event of a class, prescribed in the regulations in respect of a prescribed endorsement;

(s) by inserting the following definition after the definition of prohibited device in subsection (1) :

prohibited gaming activity means any game, major lottery or pools declared by the Minister under subsection (7) to be a prohibited gaming activity;

(t) by inserting the following definition after the definition of public interest in subsection (1) :

real means not simulated;

(u) by inserting the following definitions after the definition of record in subsection (1) :

registered company auditor means a person registered as an auditor, or taken to be so registered, under Part 9.2 of the Corporations Law;

registered player, in relation to a licensed provider, means a person registered as a player with that provider under section 76ZU ;

regulations means regulations made and in force under this Act;

(v) by inserting the following definition after the definition of Roll in subsection (1) :

self-exclusion notice means a notice given under section 76ZL(1) ;

(w) by inserting the following definitions after the definition of sell in subsection (1) :

simulated game means a computer-generated simulated game, other than keno or a lottery, where –

(a) a prize consisting of money or something else of value is offered or can be won under the rules of the game; and

(b) a player –

(i) enters the game or takes any step in the game by means of a telecommunications device; and

(ii) pays a monetary payment or other valuable consideration to participate in the game; and

(c) the winner of a prize is decided wholly or partly by chance;

simulated gaming endorsement means an endorsement contained in a Tasmanian gaming licence that authorises the activities specified in section 76U ;

(x) by inserting the following definitions after the definition of special prize pool in subsection (1) :

sports betting endorsement means an endorsement contained in a Tasmanian gaming licence that authorises the activities specified in section 76S ;

sports event means any of the following activities:

(a) a real race between –

(i) human, or teams or groups of human, competitors; or

(ii) mechanical, or teams or groups of mechanical, competitors; or

(iii) animal, or teams or groups of animal, competitors, other than a horse race, harness race or greyhound race; or

(iv) a mixture of human, mechanical or animal, or teams or groups of human, mechanical, animal or mixed human, mechanical and animal, competitors;

(b) a real sport, game, fight, exercise or pastime, whether involving individual competitors or teams or groups of competitors;

(c) a prescribed activity;

Tasmanian gaming licence means a licence granted and in force under Part 4A ;

telecommunications device means –

(a) a computer adapted for communicating by way of the Internet or another communications network; and

(b) a television receiver adapted to allow the viewer to transmit information by way of a cable television network or another communications network; and

(c) a telephone; and

(d) any other electrical or electronic device for communicating at a distance;

turnover means the total amount paid to a licensed provider in respect of gaming activities or a particular gaming activity by persons wagering with the provider less any money paid or refundable to any of those persons by reason of the cancellation of wagers in respect of any, or the particular, gaming activity, or otherwise;

(y) by omitting "licence." from the definition of venue operator in subsection (1) and substituting "licence;";

(z) by inserting the following definitions after the definition of venue operator in subsection (1) :

working day means a day that is not a Saturday, a Sunday or a bank holiday under the Bank Holidays Act 1919 ;

written notice includes a notice given in the form of electronic data from which a written document can be produced or reproduced.

(za) by omitting subsection (7) and substituting the following subsections:

(7)  The Minister, by notice published in the Gazette, may declare to be a prohibited gaming activity any game, major lottery or pools that the Minister is satisfied is contrary to the public interest.

(8)  At the request of a licensed provider or on its own discretion, the Commission by notice published in the Gazette may declare –

(a) a sports event to be an approved sports event; and

(b) a sports event of a class specified in the notice to be an approved sports event.

(9)  A notice referred to in subsection (6) , (7) or (8) is not a statutory rule for the purposes of the Rules Publication Act 1953 .

5.    Section 4 amended (Meaning of "associate")

Section 4 of the Principal Act is amended as follows:

(a) by inserting in subsection (2) "or a Tasmanian gaming licence" after "casino licence";

(b) by inserting the following subsection after subsection (2) :

(2A)  A person is an associate of an applicant for a Tasmanian gaming licence or a licensed provider 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 business to be conducted by the applicant or the licensed provider 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 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 business to be conducted by the applicant or the licensed provider; or

(c) is a relative of the applicant or licensed provider.

6.    Sections 4A , 4B and 4C inserted

After section 4 of the Principal Act , the following sections are inserted in Part 1:

4A.   Meaning of "lottery"

(1)  In this Act,

lottery means a scheme or device for the distribution of a prize by way of sale, gift or otherwise if –

(a) the prize consists of a right to any real or personal benefit or real or personal thing; and

(b) the distribution involves an element of chance for which a payment or other consideration is made or given.

(2)  Despite subsection (1) , a scheme or device for the distribution of a prize by way of sale, gift or otherwise is not a lottery if the scheme or device –

(a) is for the promotion of a business; and

(b) is a scheme or device in which the payment or other consideration is, in the opinion of the Commission, equivalent to the prevailing market price for the right to a benefit or thing the purchase of which is the consideration for the opportunity to participate in the distribution.

4B.   Meaning of "major lottery"

(1)  In this Act, a lottery is a major lottery if –

(a) the Commission, by written notice provided to a licensed provider or other person conducting the lottery, has determined it to be a major lottery; or

(b) it is a lottery of a class of lottery that the Commission, by notice published in the Gazette, has determined to be major lotteries and the Commission has not exempted the lottery from being classified as a major lottery.

(2)  The Commission may exempt a lottery from being classified as a major lottery by written notice provided to a licensed provider or other person conducting the lottery.

(3)  A notice provided or published under this section is not a statutory rule for the purposes of the Rules Publication Act 1953 .

4C.   Sale in Tasmania defined

(1)  In this section –

issued includes given in person, sent by post and communicated by any telecommunications device;

game includes a major lottery, pools and game that is prescribed for the purposes of the definition of "game" in section 3(1) .

(2)  A ticket in a game is sold in Tasmania if it is issued to a person, or an acknowledgment of the sale of a ticket is issued to the person, at or from premises situated in Tasmania.

7.    Section 11 amended (Authority conferred by casino licence)

Section 11 of the Principal Act is amended by omitting paragraph (c) and substituting the following paragraph:

(c) to conduct at a casino gaming, other than a gaming activity;

8.    Section 13 amended (Granting of casino licence and gaming operator's licence)

Section 13(4) of the Principal Act is amended as follows:

(a) by omitting "operation" first occurring and substituting "operation, other than a gaming business,";

(b) by inserting "such" after "further licence to operate a casino and to conduct".

9.    Section 31 substituted

Section 31 of the Principal Act is repealed and the following section is substituted:

31.   Authority conferred by licensed premises gaming licence

(1)  A licensed premises gaming licence authorises 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 obtain 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 authorised by this section.

(2)  In subsection (1)(b) ,

gaming equipment does not include any device designed, customised or installed specifically for use in relation to the operation of, or wagering on, simulated games.

10.    Section 34 amended (Authority conferred by listing on the Roll)

Section 34(c) of the Principal Act is amended by inserting "and licensed providers" after "operators".

11.    Section 49 amended (Interpretation)

Section 49 of the Principal Act is amended as follows:

(a) by inserting the following definition before the definition of licence :

function of a special employee means a duty prescribed for the purposes of the definition of "special employee" in this section;

(b) by omitting "duties." from paragraph (b) of the definition of special employee and substituting "duties; or";

(c) by inserting the following paragraph after paragraph (b) in the definition of special employee :

(c) is employed or working, whether or not for remuneration or reward, for a licensed provider and who carries out prescribed duties.

12.    Section 57 amended (Identification)

Section 57(2) of the Principal Act is amended as follows:

(a) by inserting "or licensed provider" after "operator";

(b) by omitting "employees" and substituting "employee".

13.    Section 64 amended (Termination of employment on suspension or cancellation of licence)

Section 64 of the Principal Act is amended as follows:

(a) by omitting "an employee" and substituting "a special employee";

(b) by inserting "or provider" after "the operator".

14.    Section 65 amended (Provision of information relating to licensee)

Section 65(2) of the Principal Act is amended by inserting "or licensed provider" after "operator".

15.    Section 76 amended (Payments, &c., to venue operator unlawful)

Section 76 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "operator or a gaming operator" and substituting "operator, gaming operator or licensed provider";

(b) by omitting from subsection (2) "operator or a gaming operator" and substituting "operator, gaming operator or licensed provider".

16.    Part 4A inserted

After section 76 of the Principal Act , the following Part is inserted:

PART 4A - Gaming and wagering under Tasmanian gaming licence

Division 1 - Lawful and unlawful activities

76A.   Lawful activities

Despite any other law, the following activities are lawful:

(a) the conduct of a gaming activity in accordance with, and subject to, a Tasmanian gaming licence;

(b) the advertisement and promotion, subject to this Act and a Tasmanian gaming licence, of a gaming activity;

(c) participation, subject to this Act, in a gaming activity;

(d) the doing of anything else required or authorised to be done under this Act.

76B.   Offence to conduct gaming business without endorsed Tasmanian gaming licence

(1)  In this section,

game includes a major lottery, pools and a game that is a prescribed game for the purposes of the definition of "game" in section 3(1) .

(2)  A person must not, except under the authority of an appropriately endorsed Tasmanian gaming licence carry on in or from Tasmania a business of conducting a gaming activity.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 600 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 2 years, or both.

(3)  For the purposes of subsection (2) , if money is placed or deposited at premises for the purpose of using the money on behalf of a person as a wager in a gaming activity, that activity is taken to be conducted at those premises.

(4)  Subsection (2) does not apply to –

(a) a gaming activity carried on –

(i) by a person registered as a bookmaker under section 59 of the Racing and Gaming Act 1952; and

(ii) as authorised by or under that Act; and

(b) a simulated game in which all wagers are returned to players, whether as prizes or otherwise; and

(c) a gaming activity carried on –

(i) by the Totalizator Agency Board; and

(ii) as authorised by or under the Racing and Gaming Act 1952.

(5)  A person who supplies to the public a listed carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) that enables end-users to access the Internet is not guilty of an offence under subsection (2) by reason only of hosting or carrying information that is kept on a data storage device and accessed, or available for access, using that service if the person was not aware of that information.

Division 2 - Application for, and determination of, Tasmanian gaming licence

76C.   Application for Tasmanian gaming licence

(1)  A person may apply to the Commission for a Tasmanian gaming licence.

(2)  An application must –

(a) be in a form approved by the Commission; and

(b) specify the type of each gaming endorsement with which the applicant wishes the licence, if granted, to be endorsed; and

(c) contain or be accompanied by the information and documents required by the Commission; and

(d) be accompanied by the application fee of 30 000 fee units.

76D.   Consideration of application

(1)  The Commission may refuse to process an application for a Tasmanian gaming licence if –

(a) the applicant has not complied with a requirement made under section 76G ; or

(b) the application does not comply with or conform to any requirement specified in section 76C(2) .

(2)  Except as otherwise prescribed under subsection (1) , the Commission must process an application for a Tasmanian gaming licence.

76E.   Refund of application fee

The Commission, at its discretion, may refund a part not exceeding 80% of an application fee paid under section 76C(2)  –

(a) if the Commission refuses to process the application under section 76D(1) ; or

(b) if the application is withdrawn by the applicant; or

(c) for any other reason the Commission considers appropriate.

76F.   Excess costs of application

(1)  If the reasonable costs incurred by the Commission in investigating and processing an application for a Tasmanian gaming licence exceed the amount of the application fee paid under section 76C(2) , the Commission may require the applicant to pay the whole or part of the excess amount.

(2)  A requirement under subsection (1) must be made in writing provided to the applicant.

76G.   Investigation of application

(1)  In processing an application for a Tasmanian gaming licence, the Commission must carry out all investigations that it considers necessary and appropriate.

(2)  In an investigation, the Commission may take all steps, and make all inquiries, that are reasonable and appropriate.

(3)  In an investigation, the Commission may investigate the applicant, an associate of the applicant and any other person the Commission considers relevant to the suitability of the applicant to hold a Tasmanian gaming licence.

(4)  In an investigation, the Commission may require any one or more of the following persons to allow the taking of his or her photograph, palm prints and fingerprints:

(a) the applicant;

(b) a director, chief executive officer or other person concerned in the management of the applicant;

(c) an associate of the applicant;

(d) a director, chief executive officer or other person concerned in the management of an associate of the applicant;

(e) any other person the Commission considers relevant to the investigation of the application.

(5)  In an investigation, the Commission may refer a copy of the application, any supporting documentation and any photographs, palm prints and fingerprints taken under subsection (4) to the Commissioner of Police and request an inquiry into any matter concerning the application that is specified in the request.

(6)  The Commissioner of Police must inquire into, and report to the Commission on, any matters concerning the application that the Commission requests under subsection (5) .

(7)  In an investigation, the Commission, by written notice, may require an applicant for a Tasmanian gaming licence and any associate of the applicant to do any one or more of the following:

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

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

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

(d) to provide 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 the person's associates from other persons.

(8)  In subsection (7) ,

specified means specified in the notice referred to in that subsection.

(9)  If a requirement made under this section is not complied with, the Commission may refuse to continue with the investigation and may refuse to process the application for the Tasmanian gaming licence.

76H.   Updating of application

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

Penalty:  Fine not exceeding 60 penalty units.

(2)  When particulars of the change are given, those particulars then form part of the original application.

76I.   Determination of application

(1)  After completing its investigation in respect of an application for a Tasmanian gaming licence, the Commission must –

(a) determine the application for a Tasmanian gaming licence by either granting or refusing to grant the Tasmanian gaming licence; and

(b) if the Commission determines to grant the licence, determine which gaming endorsements are to be endorsed on the licence.

(2)  The Commission must not grant a Tasmanian gaming licence or determine that a gaming endorsement is to be endorsed on a Tasmanian gaming licence if it is not satisfied that –

(a) the applicant is a suitable person to hold a Tasmanian gaming licence or a Tasmanian gaming licence endorsed with that gaming endorsement; and

(b) the applicant, if a natural person, is over the age of 18 years.

(3)  The Commission must not grant a Tasmanian gaming licence or determine that a gaming endorsement is to be endorsed on a Tasmanian gaming licence if the applicant has not paid the application fee required by section 76C and any costs the applicant has been required to pay under section 76F .

(4)  On determining an application, the Commission must give written notice to the applicant of its determinations.

76J.   Suitability of person to hold a Tasmanian gaming licence

In deciding whether a person is suitable to hold a Tasmanian gaming licence or to have a gaming business under a particular gaming endorsement, the Commission may have regard to the following matters:

(a) the applicant's character, honesty, integrity and business reputation;

(b) the applicant's current financial position and financial background;

(c) if the applicant is not a natural person, whether the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure;

(d) that the applicant has, or has access to, the technical ability and resources to conduct gaming activities generally and, in particular, gaming activities of a kind to be conducted under that endorsement;

(e) that each associate of the applicant is a suitable person to be associated with a gaming activity or gaming business generally and, in particular, a gaming activity or gaming business of a kind to be carried on under that gaming endorsement;

(f) anything else prescribed by the regulations;

(g) anything else the Commission considers relevant.

76K.   Suitability of associates

In deciding whether an associate of an applicant for a Tasmanian gaming licence is a suitable person to be associated with a gaming activity or a gaming business, the Commission may have regard to the following matters:

(a) the associate's character, honesty, integrity and business reputation;

(b) the associate's current financial position and financial background;

(c) if the associate has a business association with another person –

(i) the other person's character, honesty, integrity and business reputation; and

(ii) the other person's current financial position and financial background;

(d) anything else prescribed by the regulations;

(e) anything else the Commission considers relevant.

76L.   Issue of Tasmanian gaming licence

On the grant of an application for a Tasmanian gaming licence, the Commission must issue to the applicant a Tasmanian gaming licence endorsed with those gaming endorsements that the Commission has determined under section 76I(1) are to be endorsed on the licence.

76M.   Form of Tasmanian gaming licence

(1)  A Tasmanian gaming licence must be endorsed with at least one gaming endorsement.

(2)  A gaming endorsement endorsed on a Tasmanian gaming licence forms part of the Tasmanian gaming licence.

(3)  A gaming endorsement is endorsed on a Tasmanian gaming licence if it –

(a) appears within the content of the licence; or

(b) is stamped or noted on the licence; or

(c) is attached to the licence.

76N.   Form of gaming endorsement

(1)  Each gaming endorsement endorsed on a Tasmanian gaming licence must specify the premises in which the licensed provider may undertake the activities authorised by the endorsement.

(2)  Premises in respect of which a licensed premises gaming licence is in force may not be specified in a simulated gaming endorsement for the purposes of subsection (1) .

Division 3 - Application for, and determination of, new gaming endorsement

76O.   Application for new gaming endorsement

(1)  A licensed provider may apply to the Commission for a gaming endorsement of a type not already endorsed on the provider's Tasmanian gaming licence.

(2)  An application must –

(a) be in a form approved by the Commission; and

(b) specify the type of gaming endorsement being applied for; and

(c) contain or be accompanied by the information and documents required by the Commission.

76P.   Investigation, processing and determination of application for new gaming endorsement

Sections 76D , 76G , 76H , 76J and 76K apply, with necessary modification and adaptation, in respect of the investigation, processing and determination of an application for a new gaming endorsement made under section 76O .

76Q.   Costs of processing application for new gaming endorsement

(1)  The Commission may require an applicant for a new gaming endorsement to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application.

(2)  A requirement under subsection (1) must be made in writing provided to the applicant.

76R.   Endorsing Tasmanian gaming licence with new gaming endorsement

(1)  On the grant of an application for a new gaming endorsement, the Commission –

(a) must require the licensed provider to provide the Tasmanian gaming licence to the Commission; and

(b) must, as soon as practicable after receiving the licence, either –

(i) endorse the licence with that gaming endorsement and return it to the licensed provider; or

(ii) issue to the licensed provider a replacement Tasmanian gaming licence endorsed with that gaming endorsement and all gaming endorsements that were contained in the Tasmanian gaming licence provided to the Commission as required under paragraph (a) .

(2)  A new gaming endorsement takes effect on the day it is granted or on a later day determined by the Commission and specified in it.

(3)  If a new gaming endorsement specifies that it is to take effect on a day other than the day it is granted, the date on which it takes effect may be specified by reference to –

(a) a date; or

(b) the occurrence of an event; or

(c) the fulfilment of a condition; or

(d) any other matter the Commission considers appropriate.

Division 4 - Tasmanian gaming licence

76S.   Authority of Tasmanian gaming licence with sports betting endorsement

A Tasmanian gaming licence endorsed with a sports betting endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject, to do such of the following activities as are specified in the endorsement:

(a) to accept wagers in respect of approved sports events by way of a telecommunications device situated in an approved location;

(b) to accept wagers in respect of approved sports events with persons who are physically present at the event or an approved location;

(c) to do all things necessarily incidental to carrying on the activities specified in the endorsement.

76T.   Authority of Tasmanian gaming licence with fixed odds wagering endorsement

A Tasmanian gaming licence endorsed with a fixed odds wagering endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject –

(a) to accept fixed odds wagers in respect of horse races, harness races and greyhound races by way of a telecommunications device situated in an approved location; and

(b) to accept fixed odds wagers in respect of horse races, harness races and greyhound races from persons who are physically present at an approved location; and

(c) to do all things necessarily incidental to carrying on the activities referred to in paragraphs (a) and (b) .

76U.   Authority of Tasmanian gaming licence with simulated gaming endorsement

A Tasmanian gaming licence endorsed with a simulated gaming endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject –

(a) to conduct simulated games by way of a telecommunications device situated at an approved location; and

(b) to accept by way of a telecommunications device wagers in respect of simulated games conducted by the licensed provider; and

(c) to do all things necessarily incidental to carrying on the activities referred to in paragraphs (a) and (b) .

76V.   Authority of major lottery endorsement

A Tasmanian gaming licence endorsed with a major lottery endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject, to do such of the following activities as are specified in the endorsement:

(a) to conduct major lotteries from an approved location;

(b) on personal application at an approved location, to sell tickets in major lotteries conducted by the licensed provider;

(c) by post or a telecommunications device, to sell tickets in major lotteries conducted by the licensed provider;

(d) to conduct pools;

(e) to accept wagers in pools conducted by the licensed provider;

(f) to do all things necessarily incidental to carrying on the activities referred to in paragraphs (a) , (b) , (c) and (d) .

76W.   Authority of Tasmanian gaming licence with prescribed endorsement

A Tasmanian gaming licence endorsed with a prescribed endorsement authorises the licensed provider, subject to this Act and any conditions to which the Tasmanian gaming licence is subject –

(a) to accept wagers in respect of prescribed events that are specified in the endorsement; and

(b) to carry on the activities prescribed in the regulations in respect of that endorsement that are specified in the endorsement; and

(c) to do all things necessarily incidental to carrying on those activities.

76X.   Tasmanian gaming licence subject to conditions

(1)  A Tasmanian gaming licence is subject to any conditions determined by the Commission and specified in, or attached to, it.

(2)  Without limiting the matters to which conditions may relate, the conditions of a Tasmanian 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.

(3)  Without limiting the matters to which conditions may relate, the conditions of a Tasmanian gaming licence may relate to any one or more of the following matters:

(a) approval of premises and facilities;

(b) the security of gaming equipment;

(c) approval of an electronic monitoring system;

(d) the keeping of records and financial statements;

(e) the holding of funds on behalf of players;

(f) the provision of reports;

(g) prizes.

(4)  The conditions specified in, or attached to, a Tasmanian gaming licence may adopt wholly or in part, with or without modification and specifically or by reference, any published code, standard or other document, whether the code, standard or other document is published before or after the commencement of this section.

(5)  A reference in subsection (4) to a code, standard or other document is a reference to that code, standard or other document as amended from time to time.

(6)  The conditions specified in, or attached to, a Tasmanian gaming licence form part of the Tasmanian gaming licence.

76Y.   When Tasmanian gaming licence and gaming endorsement take effect

(1)  A Tasmanian gaming licence takes effect on the day it is granted or on a later day determined by the Commission and specified in it.

(2)  A gaming endorsement endorsed on a newly granted Tasmanian gaming licence takes effect on the day the Tasmanian gaming licence takes effect or on a later day determined by the Commission and specified in the gaming endorsement.

(3)  If a Tasmanian gaming licence or gaming endorsement specifies that it is to take effect on a day other than the day the licence is granted, the date on which the licence or endorsement takes effect may be specified by reference to –

(a) a date; or

(b) the occurrence of an event; or

(c) the fulfilment of a condition; or

(d) any other matter the Commission considers appropriate.

76Z.   Period of Tasmanian gaming licence

A Tasmanian gaming licence has effect for the period, not exceeding 5 years, specified in it.

76ZA.   Tasmanian gaming licence not transferable

A Tasmanian gaming licence is not transferable to any other person.

76ZB.   Amendment of Tasmanian gaming licence conditions

(1)  A licensed provider may request the Commission, by written notice, to amend the conditions to which the Tasmanian gaming licence is subject.

(2)  On the request of a licensed provider or on the Commission's own discretion, the Commission by written notice provided to the licensed provider may amend the conditions to which the Tasmanian gaming licence is subject.

(3)  If the Commission amends the conditions to which a Tasmanian gaming licence is subject it may do so by amending the existing Tasmanian gaming licence or by issuing a replacement Tasmanian gaming licence.

(4)  On receipt of a request made under subsection (1) , the Commission may undertake the investigations it considers appropriate.

(5)  Section 76G applies in respect of an investigation under this section.

(6)  The Commission, by notice in writing provided to the licensed provider, may require the licensed provider to pay the whole or any part of the reasonable costs of the Commission in investigating and processing a request made under subsection (1) .

76ZC.   Renewal of Tasmanian gaming licence

(1)  A licensed provider may, within the period of 90 days before the expiration of the current Tasmanian gaming licence or such longer period as is determined by the Commission, apply to the Commission for the renewal of the licence.

(2)  An application for renewal must –

(a) be in a form approved by the Commission; and

(b) contain any information and be accompanied by any documents the Commission requires.

(3)  On receipt of an application for renewal, the Commission may undertake the investigations it considers appropriate.

(4)  Sections 76D , 76G , 76H , 76I , 76J , 76K and 76L apply, with necessary modification and adaptation, in respect of the investigation, processing and determination of an application for the renewal of a Tasmanian gaming licence and the issue of the renewed Tasmanian gaming licence.

(5)  The Commission may require an applicant to pay the whole or any part of the reasonable costs of the Commission in investigating and processing the application.

(6)  A requirement under subsection (5) must be made in writing provided to the applicant.

(7)  If an application for renewal of a Tasmanian gaming licence is made under this section, the current Tasmanian gaming licence continues in force until it is renewed or its renewal is refused.

(8)  The renewal of a Tasmanian gaming licence takes effect from the day on which the current licence was due to expire.

(9)  If the Commission refuses to renew a Tasmanian gaming licence, the Tasmanian gaming licence ceases to have effect on the day specified in the refusal.

76ZD.   Investigation of licensed provider

(1)  At any time, the Commission may investigate a licensed provider.

(2)  In an investigation, the Commission may take all steps and make all inquiries that are reasonable and appropriate.

(3)  In an investigation, the Commission may require any one or more of the following persons to allow the taking of his or her photograph, palm prints and fingerprints:

(a) the licensed provider;

(b) a director, chief executive officer or other person concerned in the management of the licensed provider;

(c) any other person the Commission considers relevant.

(4)  The Commission may refer any photograph, palm prints and fingerprints taken under subsection (3) and any other matter the Commission considers relevant to the Commissioner of Police.

(5)  The Commissioner of Police must inquire into and report to the Commission on any matters referred under subsection (4) .

(6)  In an investigation, the Commission by notice in writing may require the licensed provider, or any person whose association with the licensed provider is in the opinion of the Commission relevant to whether the licensed provider continues to be a suitable person to hold a Tasmanian gaming licence or a gaming endorsement, to do any one or more of the following:

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

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

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

(d) to provide 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 the person's associates from other persons.

(7)  In subsection (6) ,

specified means specified in the notice referred to in that subsection.

(8)  A person must not fail to comply with a requirement made under subsection (3) or (6) without reasonable excuse.

Penalty:  Fine not exceeding 240 penalty units.

(9)  A person does not commit an offence against subsection (8) if the failure to comply with a requirement is a failure to provide any information or document and that information or document is not relevant to the investigation.

(10)  The Commission may take a failure to comply with a requirement made under subsection (3) or (6) to be sufficient evidence that the licensed provider is no longer a suitable person to hold a Tasmanian gaming licence.

(11)  An investigation under this section may be combined with an investigation under section 76ZE .

76ZE.   Investigation into associate or other person

(1)  The Commission may investigate an associate of a licensed provider.

(2)  Section 76ZD(3) , (4) , (5) , (6) , (7) , (8) and (9) applies to an investigation under this section as if the person being investigated were the licensed provider.

(3)  The Commission may take a failure to comply with a requirement made under section 76ZD(3) or (6) as applied by this section to be sufficient evidence that the person being investigated is not, or is no longer, a suitable person to be an associate of a licensed provider or to have a business association with an associate of a licensed provider.

(4)  If the Commission determines on investigation that a person is not, or is no longer, a suitable person to be an associate of a licensed provider or to have a business association with an associate of a licensed provider, the Commission by written notice may require the licensed provider, within the period specified in the notice, to –

(a) terminate the association with the associate; or

(b) require the associate –

(i) to break off its business association with the person investigated; and

(ii) if the associate does not break off that business association within 21 days after the licensed provider makes the requirement, to terminate the provider's association with the associate within a further period of 21 days.

Division 5 - Disciplinary action

76ZF.   Grounds for disciplinary action

(1)  Each of the following is a ground for disciplinary action in relation to a Tasmanian gaming licence:

(a) the licensed provider is no longer suitable to hold a Tasmanian gaming licence or a gaming endorsement;

(b) an associate of the licensed provider is no longer suitable to be an associate of a licensed provider;

(c) the licensed provider has contravened a provision of this Act or a gaming Act;

(d) the licensed provider has been found guilty of an offence involving fraud or dishonesty, whether or not in Tasmania, the maximum penalty for which exceeds imprisonment for 3 months;

(e) the licensed provider has failed to discharge financial obligations to a player or to the State;

(f) the licensed provider is bankrupt, has compounded with creditors, has made an assignment of remuneration for the benefit of creditors or otherwise taken, or applied to take, the benefit of any law for the relief of bankrupt or insolvent debtors;

(g) the licensed provider is affected by control action under the Corporations Law;

(h) the Tasmanian gaming licence was obtained by a materially false or misleading representation or in some other improper way.

(2)  For the purposes of forming the belief that the ground mentioned in subsection (1)(a) exists, the Commission may have regard to the same matters to which it may have regard in deciding whether an applicant for a Tasmanian gaming licence is suitable to hold such a licence.

(3)  For the purposes of forming the belief that the ground mentioned in subsection (1)(b) exists, the Commission may have regard to the same matters to which it may have regard in deciding whether an associate of an applicant for a Tasmanian gaming licence is suitable to be associated with a gaming activity or a gaming business.

(4)  For the purposes of subsection (1)(g) , a licensed provider is affected by control action under the Corporations Law if the licensed provider –

(a) has executed a deed of company arrangement under the Corporations Law; or

(b) is the subject of a winding-up (whether voluntarily or under a court order) under the Corporations Law; or

(c) is the subject of an appointment of an administrator, liquidator, receiver or receiver and manager under the Corporations Law.

76ZG.   Disciplinary action

(1)  In this section,

disciplinary action means any one or more of the following:

(a) the cancellation of a Tasmanian gaming licence;

(b) the suspension of a Tasmanian gaming licence;

(c) the cancellation of a gaming endorsement;

(d) the suspension of a gaming endorsement;

(e) the amendment of the conditions to which a Tasmanian gaming licence is subject, including the imposition of conditions where there were previously no conditions;

(f) the imposition of a fine not exceeding 10 000 penalty units;

(g) the issuing of a letter of censure.

(2)  The Commission may notify a licensed provider by written notice –

(a) that it is considering taking disciplinary action on the grounds specified in the notice; and

(b) that the provider, within 28 days of receipt of the notice, may make written submissions to the Commission as to why disciplinary action should not be taken.

(3)  After considering any submissions made as specified in subsection (2) , the Commission may take such disciplinary action as it considers appropriate or take no further action.

(4)  Despite subsections (2) and (3) , the Commission may issue a letter of censure to a licensed provider without first allowing the provider an opportunity to make submissions as to why the letter of censure should not be issued.

(5)  A letter of censure may include a direction to the licensed provider to take the action specified in the letter for the purposes of rectifying any matter giving rise to the letter of censure and may direct that the action be taken within a period specified in the letter.

(6)  If a licensed provider fails to comply with a direction given in a letter of censure within the time specified in the letter of censure, the Commission may –

(a) if the letter of censure was issued after giving the provider the opportunity to make submissions as to why disciplinary action should not be taken, take further disciplinary action without giving the provider a further opportunity to make submissions; or

(b) if the letter of censure was issued without first giving the provider the opportunity to make submissions as to why disciplinary action should not be taken, take disciplinary action in accordance with subsections (2) and (3) .

(7)  The Commission must notify a licensed provider by written notice of its determination under subsection (3) .

(8)  The cancellation or suspension of a Tasmanian gaming licence or a gaming endorsement, or the amendment of the conditions to which a Tasmanian gaming licence is subject, takes effect on the day the licensed provider receives the notice given under subsection (7) or on a later day specified in that notice.

(9)  A Tasmanian gaming licence or a gaming endorsement is of no effect if it has been cancelled or while it is suspended.

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

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

Division 6 - End of Tasmanian gaming licence

76ZH.   When Tasmanian gaming licence ends

A Tasmanian gaming licence ceases to have effect –

(a) at the end of the period for which it has effect under section 76Z ; or

(b) when it is surrendered with the agreement of the Commission; or

(c) if it is cancelled, on the day specified in the notice of cancellation provided to the holder of the prescribed licence under section 76ZG(7) ; or

(d) 90 days after the day on which the licensed provider dies, becomes bankrupt, takes or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors, makes an assignment of remuneration for the benefit of creditors, is affected by control action under the Corporations Law (within the meaning of section 76ZF ) or becomes mentally incapable of conducting a gaming business in the opinion of the Commission unless the licence is continued under section 76ZJ ; or

(e) if the licence is continued under section 76ZJ , at the end of the 6 month or shorter period referred to in section 76ZJ(7) .

76ZI.   Surrender of Tasmanian gaming licence or gaming endorsement

(1)  A licensed provider may surrender the Tasmanian gaming licence, by giving written notice to the Commission, if the Commission agrees to the surrender.

(2)  If a Tasmanian gaming licence is surrendered, the person who held the licence must return it to the Commission.

(3)  A licensed provider may surrender a gaming endorsement without surrendering the Tasmanian gaming licence by giving written notice to the Commission, if the Commission agrees to the surrender.

(4)  If a gaming endorsement is surrendered –

(a) the licensed provider must give the Tasmanian gaming licence to the Commission; and

(b) the Commission must amend the licence by –

(i) deleting that endorsement; or

(ii) issuing a replacement licence that is not endorsed with that endorsement.

76ZJ.   Continuation of Tasmanian gaming licence after death, &c.

(1)  Any of the following persons may apply to the Commission to have their name entered as substitute licensed provider on a Tasmanian gaming licence:

(a) a person who is, or intends to become, the legal personal representative of a deceased licensed provider;

(b) the guardian or administrator appointed under the Guardianship and Administration Act 1995 in respect of a licensed provider who is a represented person, within the meaning of that Act;

(c) the official receiver, trustee or assignee of a licensed provider who becomes bankrupt or takes or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for the benefit of creditors;

(d) a receiver and manager, an administrator, an official liquidator or a provisional liquidator who is appointed in respect of a licensed provider that is a body corporate.

(2)  An application must –

(a) be in a form approved by the Commission; and

(b) contain the information required by the Commission; and

(c) be accompanied by the documents required by the Commission; and

(d) be accompanied by any prescribed fee.

(3)  The Commission, at its discretion, may refund the whole or part of an application fee.

(4)  Sections 76D , 76G and 76H apply in respect of an application under this section.

(5)  If –

(a) the Commission is satisfied that –

(i) the applicant is suitable to carry on the business of the licensed provider; and

(ii) the applicant's associates are suitable to be associated with a licensed provider; and

(b) the prescribed fee, if any, is paid –

the Commission must enter the applicant's name as substitute licensed provider on the Tasmanian gaming licence accordingly.

(6)  If a licensed provider –

(a) dies; or

(b) is affected by control action under the Corporations Law; or

(c) is bankrupt, has taken or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, has compounded with creditors or made an assignment of remuneration for the benefit of creditors; or

(d) becomes a represented person, within the meaning of the Guardianship and Administration Act 1995 ; or

(e) is no longer suitable to hold the Tasmanian gaming licence –

and no person applies under subsection (1) to have their name entered as substitute licensed provider on the Tasmanian gaming licence, the Commission may so enter on the licence the name of a person referred to in subsection (1) or any other person nominated by such a person that the Commission considers appropriate if the person whose name is to be so entered agrees to it in writing provided to the Commission.

(7)  A person whose name is entered on a Tasmanian gaming licence as substitute licensed provider under subsection (5) or (6) is taken to be the licensed provider for the period of 6 months, or a shorter period specified by the Commission, after the name is so entered.

(8)  If the Commission enters a person's name as substitute licensed provider on a Tasmanian gaming licence, the person whose name was on the Tasmanian gaming licence as licensed provider is no longer the licensed provider in respect of that Tasmanian gaming licence.

(9)  If the Commission enters a person's name as substitute licensed provider on a Tasmanian gaming licence under subsection (5) or (6) , it may at the same time amend the licence and give directions in respect of the conduct of gaming business under the licence.

Division 7 - Player protection

76ZK.   Self-limit on wagers by player

(1)  By written notice provided to a licensed provider, a registered player may set a limit on the amount the player may have debited to the funds held by the licensed provider on behalf of the player for the purposes of covering wagers with the provider.

(2)  A limit set under subsection (1) may be set by a reference to –

(a) a single wager; or

(b) a period of time; or

(c) any other thing the registered player and licensed provider consider appropriate.

(3)  A licensed provider must not accept a wager from a player if accepting the wager contravenes, or could result in a contravention of, a limit set by the person under this section.

Penalty:  Fine not exceeding 240 penalty units.

(4)  A registered player who has set a limit under this section may amend or revoke the limit by written notice provided to the licensed provider.

(5)  A notice setting a limit under subsection (1) or amending the limit by making it more strict takes effect when the licensed provider receives it.

(6)  A notice revoking a limit set under subsection (1) or amending the limit by making it less strict takes effect 7 days after it is received by the licensed provider unless it is earlier withdrawn by written notice provided to the provider.

76ZL.   Self-exclusion from wagering by player

(1)  A player may give written notice to a licensed provider or the Commission to the effect that the person is not to be permitted to wager with any licensed provider by means of a telecommunications device.

(2)  On receipt of a self-exclusion notice under subsection (1) , a licensed provider must provide the Commission with the notice or a copy of it as soon as reasonably practicable.

Penalty:  Fine not exceeding 100 penalty units.

(3)  On receipt of a self-exclusion notice or a copy of a self-exclusion notice under subsection (1) or (2) , the Commission must provide a copy of the notice to every licensed provider.

(4)  A self-exclusion notice takes effect in respect of a licensed provider when it, or a copy of it, is received by the provider.

(5)  A licensed provider who has been given a self-exclusion notice by a person, or who has been provided with a copy of a self-exclusion notice, must not accept a wager from the person by means of a telecommunications device while the self-exclusion notice has effect.

Penalty:  Fine not exceeding 240 penalty units.

(6)  A person may revoke a self-exclusion notice in respect of a particular licensed provider by written notice given to the provider.

(7)  On receipt of a notice of revocation, the licensed provider must give written notice of the revocation to the Commission.

(8)  The revocation of a self-exclusion notice takes effect in respect of a licensed provider 7 days after the notice of revocation is received by the provider unless notice of the revocation is earlier withdrawn by written notice provided to the provider.

76ZM.   Licensed provider not to act as credit provider

A licensed provider must not provide credit to a person who wagers with the provider under the authority of a Tasmanian gaming licence.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 600 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 2 years, or both.

76ZN.   Complaints about licensed providers

(1)  A person may make a complaint to the Commission or the relevant licensed provider about the conduct of a gaming activity, the licensed provider or a special employee.

(2)  A complaint must –

(a) be made by written notice; and

(b) state the complainant's name and address; and

(c) give details of the complaint and the matters giving rise to the complaint.

(3)  As soon as practicable after receiving a complaint, the Commission must –

(a) inquire into the complaint; or

(b) if the Commission considers it appropriate, refer the complaint to the relevant licensed provider.

(4)  The Commission must give written notice to the complainant, in writing, of –

(a) the result of the Commission's inquiry; or

(b) the Commission's decision to refer the complaint to the licensed provider.

(5)  In conducting an inquiry, the Commission has the powers specified in sections 76ZD and 76ZE .

(6)  As soon as reasonably practicable after receiving a complaint under subsection (1) or the referral of a complaint under subsection (3)(b) , a licensed provider must investigate the complaint.

Penalty:  Fine not exceeding 60 penalty units.

(7)  Within 21 days after a complaint is received by, or referred to, the licensed provider, the provider must give written notice of the result of the inquiry to –

(a) the complainant; and

(b) if the complaint was referred to the licensed provider by the Commission, the Commission.

Penalty:  Fine not exceeding 60 penalty units.

(8)  If a complainant is aggrieved by the result of an inquiry conducted by a licensed provider, the complainant may by written notice request the Commission to investigate the complaint.

(9)  Subsections (4) and (5) apply in respect of an inquiry by the Commission on receipt of a request under subsection (8) .

(10)  A decision of the Commission under subsection (4) is binding on both the licensed provider and the complainant.

Division 8 - Duties in respect of player's funds

76ZO.   Remitting funds of active player

At the request of a registered player or the personal representatives of a registered player, a licensed provider must remit any funds of the player held by the provider on behalf of the player no later than the first working day after the request is received.

Penalty:  Fine not exceeding 60 penalty units.

76ZP.   Remitting funds of inactive player

If no wager has been recorded on behalf of a registered player for a period of 2 years, the licensed provider –

(a) must remit any funds held on behalf of the player; or

(b) if the person cannot be found, must deal with the funds as unclaimed moneys under the Unclaimed Moneys Act 1918 .

76ZQ.   Limits on use of player's funds

A licensed provider must not have recourse to funds held on behalf of a registered player except for one or more of the following purposes:

(a) to debit from those funds the amount of a wager made by the player in, or the amount the person has indicated he or she wants to wager in the course of, a gaming activity conducted by the provider;

(b) to remit some or all of those funds to the player at his or her request;

(c) as otherwise authorised by or under this Act.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 600 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 2 years, or both.

Division 9 - Duties and powers in respect of prizes

76ZR.   Claims for prize

(1)  If a claim for a prize in respect of a gaming activity is made to a licensed provider within 2 years after the day on which the prize becomes payable or claimable, the licensed provider must –

(a) as soon as reasonably practicable try to resolve the claim; and

(b) if the licensed provider is not able to resolve the claim, as soon as reasonably practicable inform the claimant by written notice given to the claimant –

(i) of the licensed provider's decision on the claim; and

(ii) that the person may, within 10 days after receiving the notice, ask the Commission to review the decision.

(2)  If the claim is not resolved to the satisfaction of the claimant, the claimant may request the Commission to review the licensed provider's decision on the claim or, if the claimant has not received a notice under subsection (1)(b) , to resolve the claim.

(3)  A request to the Commission under subsection (2)  –

(a) must be in a form approved by the Commission; and

(b) if the claimant received notice under subsection (1)(b) , must be made within 10 days after receiving the notice.

(4)  If a request is made to the Commission, the Commission may carry out investigations the Commission considers necessary to resolve matters in dispute.

(5)  The decision of the Commission on reviewing a licensed provider's decision is binding on both the licensed provider and the claimant.

76ZS.   Unclaimed non-monetary prize

(1)  This section applies to a non-monetary prize in a gaming activity conducted by a licensed provider that is not collected within 3 months after notification by registered post to the winner of the place at which it may be collected.

(2)  A licensed provider –

(a) may dispose of a prize to which this section applies by public auction or tender or in some other way approved by the Commission in writing provided to the licensed provider; and

(b) may pay for the disposal from the proceeds of sale; and

(c) must –

(i) pay the remainder of the proceeds to the winner of the prize; or

(ii) if the licensed provider is unaware of the identity or whereabouts of the winner of the prize, deal with the remainder of the proceeds as unclaimed moneys under the Unclaimed Moneys Act 1918 .

76ZT.   Power to withhold prize

(1)  If a licensed provider has reason to believe that the result of a gaming activity has been affected by an illegal activity or malfunction of equipment, the licensed provider may withhold a prize in the gaming activity.

(2)  If a licensed provider withholds a prize under this section, the licensed provider –

(a) must inform the Commission of the circumstances of the incident as soon as is reasonably practicable; and

(b) must not conduct a further gaming activity if a recurrence of the illegality or malfunction is likely.

Penalty:  Fine not exceeding 500 penalty units.

(3)  On being informed under subsection (2) of the withholding of a prize, the Commission must investigate the matter and –

(a) may take all steps, and make all inquiries, that are reasonable and appropriate; and

(b) has the powers specified in sections 76ZD and 76ZE .

(4)  After investigating the incident, the Commission may, by written notice provided to the licensed provider –

(a) direct the licensed provider to pay the prize; or

(b) confirm the licensed provider's decision to withhold the prize, but direct the licensed provider to refund amounts wagered.

(5)  The licensed provider must comply with a direction under subsection (4) .

Penalty:  Fine not exceeding 500 penalty units.

Division 10 - General duties of licensed providers

76ZU.   Keeping register of players

(1)  A licensed provider must keep an accurate and up-to-date register of players entitled to wager in a gaming activity by means of a telecommunications device.

Penalty:  Fine not exceeding 100 penalty units.

(2)  On the application of a person, a licensed provider may, in the provider's discretion, register the person as a player by entering the name of the person in the register of players.

(3)  A licensed provider must not register a person as a player if the person is less than 18 years of age.

Penalty:  In the case of –

(a) a first offence – a fine not exceeding 600 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 2 years, or both.

(4)  It is a defence to a charge for an offence against subsection (3) for the licensed provider to show that the provider or other person responsible for registering the person as a player believed on reasonable grounds that the person was 18 years of age or older.

(5)  A licensed provider must remove the name of a person from the register of players –

(a) if the person dies; or

(b) if the person requests it; or

(c) if the provider considers it appropriate and the Commission agrees; or

(d) for any other prescribed reason.

(6)  A person is a registered player with a licensed provider if the person's name is in the register of players kept by that provider.

76ZV.   Restrictions on who may wager

A licensed provider, in conducting a gaming activity, must not accept a wager from a person by means of a telecommunications device except where –

(a) the person is registered as a player with the provider; and

(b) the funds necessary to cover the amount of the wager are held by the provider on behalf of the person; and

(c) the person's identity has been authenticated in accordance with the conditions to which the provider's Tasmanian gaming licence is subject.

Penalty:  In the case of –

(a) a first offence – 600 penalty units; and

(b) a second or subsequent offence – 1 000 penalty units or imprisonment for a term not exceeding 2 years, or both.

76ZW.   Prohibition on licensed provider wagering

A licensed provider must not wager with himself, herself or itself in a gaming activity in respect of the provider's gaming business.

Penalty:  Fine not exceeding 600 penalty units.

76ZX.   Restrictions on conduct of gaming activity

(1)  In this section,

game includes a major lottery, pools and a game that is a prescribed game for the purposes of the definition of "game" in section 3(1) .

(2)  A licensed provider must not conduct or offer to conduct a gaming activity in respect of a game except where –

(a) the game is an approved game conducted in accordance with the approved rules at or from an approved location; and

(b) gaming equipment used in conducting the game and gaming activity is approved by the Commission under section 76ZZG .

Penalty:  Fine not exceeding 1 000 penalty units.

(3)  A licensed provider must not conduct or offer to conduct a gaming activity except where the control system of the provider is approved by the Commission under section 76ZZI .

76ZY.   Restriction on accepting new associate

(1)  A licensed provider must –

(a) notify the Commission in writing that a person is likely to become an associate as soon as practicable after the licensed provider becomes aware of the likelihood; and

(b) ensure that a person does not become an associate except with the prior written approval of the Commission.

Penalty:  Fine not exceeding 10 000 penalty units.

(2)  Before giving an approval for the purposes of subsection (1)(b) , the Commission may –

(a) investigate the proposed associate under section 76ZE ; and

(b) by written notice provided to the licensed provider, require the provider to pay the whole or a part of the reasonable costs of the Commission in conducting the investigation.

(3)  The Commission may refuse to give an approval for the purposes of subsection (1)(b) if the licensed provider does not pay costs as required under subsection (2)(b) .

76ZZ.   Compliance with Tasmanian gaming licence conditions

A licensed provider must not contravene any condition to which the Tasmanian gaming licence is subject.

Penalty:  Fine not exceeding 1 000 penalty units.

Division 11 - Miscellaneous

76ZZA.   Prohibition on advertising and promotion of simulated gaming

(1)  A person who –

(a) provides computers for the use of the public, whether or not for fee or other reward; or

(b) allows in premises owned or controlled by the person computers for such use –

must not advertise or in any other way directly or indirectly promote to the public the use of those computers for the purposes of wagering on simulated games.

Penalty:  Fine not exceeding 1 000 penalty units.

(2)  A licensed provider must not enter into a contract or other arrangement with a person who provides computers for the use of the public, whether or not for fee or other reward, if a purpose of that contract or arrangement is the direct or indirect promotion of wagering on simulated games.

Penalty:  Fine not exceeding 1 000 penalty units.

(3)  Without limiting what may constitute direct or indirect promotion of wagering on simulated games for the purposes of subsections (1) and (2) , a computer that is left showing, or on opening up access to the Internet automatically shows, anything related to wagering on simulated games is a promotion of wagering on simulated games.

(4)  A person does not advertise or directly or indirectly promote wagering on simulated games or the use of computers for that purpose if an advertisement occurs or appears in the use of the Internet and that occurrence or appearance was outside the control of that person.

76ZZB.   Prohibition on altering Tasmanian gaming licence

A person must not alter or deface a current Tasmanian gaming licence without the authorisation of the Commission.

Penalty:  Fine not exceeding 1 000 penalty units.

76ZZC.   Prohibition on special employee wagering

A special employee of a licensed provider must not wager in a gaming activity provided by the employee's employer under the authority of a Tasmanian gaming licence otherwise than by accepting wagers in the course of his or her duties as an employee of the provider.

Penalty:  Fine not exceeding 240 penalty units.

76ZZD.   Commission may restrict participation in gaming activities by gaming official

(1)  The Commission may, by written notice given to a person employed in the administration of this Part, direct the person –

(a) not to wager in a gaming activity; or

(b) not to wager in a gaming activity except in circumstances, or for the purposes, specified in the notice.

(2)  A person must not contravene a direction given under subsection (1) .

Penalty:  Fine not exceeding 60 penalty units.

76ZZE.   Directions to licensed provider

(1)  The Commission may, by written notice given to a licensed provider, give directions about the conduct of the provider's gaming business and gaming activities.

(2)  A licensed provider must comply with directions given under subsection (1) .

Penalty:  Fine not exceeding 1 000 penalty units.

76ZZF.   Approval of games and rules

(1)  In this section,

game includes a major lottery, pools and a game that is prescribed for the purposes of the definition of "game" in section 3(1) .

(2)  The Commission may approve –

(a) the games that may be conducted under the authority of a Tasmanian gaming licence; and

(b) the rules of each such game.

(3)  The Commission may only approve rules of a game which the Commission is satisfied are fair to players, reasonable and not contrary to the public interest.

(4)  The Commission must keep –

(a) an up-to-date list of all approved games; and

(b) an up-to-date record of the rules approved in respect of each approved game.

(5)  On the issue of a Tasmanian gaming licence, the Commission must provide the licensed provider with written notice of the approved games the provider may conduct under the licence and a copy of the approved rules of each such game.

(6)  On the request of any person, the Commission must at any reasonable time –

(a) let the person peruse the list of approved games and their approved rules; and

(b) provide the person with a copy of the whole or part of that list and the approved rules.

(7)  The Commission may at any time –

(a) revoke its approval of a game; or

(b) amend the approved rules of an approved game; or

(c) revoke the approved rules of an approved game and substitute new approved rules.

(8)  If the Commission approves a game and its rules, revokes its approval of a game or amends or substitutes the approved rules of an approved game, it must give to each licensed provider who has, had or will have authority under a Tasmanian gaming licence to conduct that game written notice of the approval, revocation, amendment or substitution.

76ZZG.   Approval of gaming equipment

(1)  In this section,

gaming equipment means gaming equipment that is used, likely to be used or proposed to be used by a licensed provider.

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

(3)  The Commission may require a person who submits for evaluation 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 class accepted for evaluation under subsection (2) is considered by the Commission to be suitable for use in a gaming business, the Commission must approve the particular gaming equipment or gaming equipment of that class subject to such conditions (if any) as it determines.

(5)  The Commission must not approve any particular gaming equipment or gaming equipment of a class which it considers is not or may not be suitable for use in a gaming business.

(6)  The Commission may accept for approval a certificate that –

(a) is from a person the Commission approves for the purpose of analysing and validating gaming equipment; and

(b) certifies that the gaming equipment specified in the certificate is gaming equipment of a class that has been approved by the Commission or is suitable for use in a gaming business.

(7)  If the Commission approves a certificate accepted under subsection (6) , the gaming equipment specified in the certificate is taken to have been approved under subsection (4) .

(8)  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.

76ZZH.   Withdrawal of approval of gaming equipment

(1)  The Commission may withdraw the approval of particular gaming equipment or gaming equipment of a class approved under section 76ZZG if the Commission considers it necessary or appropriate in the public interest or for the proper conduct of a gaming business.

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

(a) any person who submitted to the Commission the gaming equipment or a certificate relating to the gaming equipment under section 76ZZG ; and

(b) all licensed providers using any gaming equipment of the class of gaming equipment to which the withdrawal relates.

(3)  A notice under subsection (2) must specify the time within which the gaming equipment must be removed from use.

(4)  If approval is withdrawn under subsection (1) , the Commission must allow a licensed provider a reasonable time within which to remove the gaming equipment from use unless there is an immediate threat to the public interest.

(5)  A licensed provider must not use, or permit to be used, gaming equipment if –

(a) the Commission has withdrawn approval of that gaming equipment, or the class of gaming equipment of which that gaming equipment is a member; and

(b) notice of the withdrawal of approval has been given under subsection (2) ; and

(c) either no time has been allowed by the notice for the removal from use of the gaming equipment or any such time allowed by the notice has expired.

Penalty:  Fine not exceeding 1 000 penalty units.

76ZZI.   Approval of control system

(1)  The Commission may, by written notice –

(a) approve the control system of a licensed provider; and

(b) revoke its approval of the control system of a licensed provider.

(2)  The Commission –

(a) must not approve the control system of a licensed provider unless satisfied that it is suitable for use in respect of the gaming businesses conducted, or to be conducted, by the licensed provider; and

(b) must revoke its approval of the control system of a licensed provider if satisfied that it is no longer suitable for use in respect of the gaming businesses conducted by the licensed provider.

17.    Section 81 amended (Approval of other gaming equipment)

Section 81 of the Principal Act is amended by omitting subsection (1) and substituting the following subsection:

(1)  In this section,

gaming equipment does not include –

(a) gaming machine types; and

(b) gaming machine games; and

(c) gaming equipment used, or proposed to be used, by a licensed provider.

18.    Section 101 amended (Injunctions to prevent contraventions, &c.)

Section 101(1) of the Principal Act is amended by omitting "operator or a gaming operator" and substituting "operator, gaming operator or licensed provider".

19.    Section 130 amended (Entry into premises)

Section 130(1)(a) of the Principal Act is amended by inserting "or a gaming activity" after "gaming".

20.    Section 131 amended (Functions of inspectors)

Section 131 of the Principal Act is amended as follows:

(a) by omitting from subsection (1)(a) "operators" and substituting "operators, licensed providers";

(b) by omitting from subsection (1)(a) "operator" and substituting "operator, provider";

(c) by inserting in subsection (2) "or wager with a licensed provider" after "gaming".

21.    Section 133 amended (Powers of inspectors)

Section 133(1)(d) of the Principal Act is amended as follows:

(a) by omitting from subparagraph (iv) " subparagraph (ii) –" and substituting " subparagraph (ii) ; or";

(b) by inserting the following subparagraph after subparagraph (iv) :

(v) a licensed provider –

22.    Section 135 amended (Offences relating to inspectors)

Section 135(2) of the Principal Act is amended by omitting "operator" and substituting "operator, a licensed provider".

23.    Section 139 amended (Banking)

Section 139(1) of the Principal Act is amended as follows:

(a) by omitting "operator and a gaming operator" and substituting "operator, gaming operator and licensed provider";

(b) by inserting in paragraph (a) "or a gaming business" after "gaming".

24.    Section 140 amended (Accounts)

Section 140 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "operator and a gaming operator" and substituting "operator, gaming operator and licensed provider";

(b) by inserting in subsection (1) "or a gaming business" after "of gaming";

(c) by inserting in subsection (1) "or provider" after "the operator";

(d) by omitting from subsection (3) "operator and a gaming operator" and substituting "operator, gaming operator and licensed provider".

25.    Section 141 amended (Records to be kept on the premises)

Section 141 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "operator and a gaming operator" and substituting "operator, gaming operator and licensed provider";

(b) by omitting from subsection (1) "by the operator" and substituting "or a gaming business by the operator or provider";

(c) by inserting in subsection (1)(a) "or at the approved location of the provider" after "venue operator";

(d) by inserting in subsection (1)(a) "or provider" after "the operator";

(e) by omitting from subsection (2) "operator or a gaming operator" and substituting "operator, gaming operator or licensed provider".

26.    Section 142 amended (Audit)

Section 142(1) of the Principal Act is amended by omitting "A casino operator and a gaming operator" and substituting "Each casino operator, gaming operator and licensed provider".

27.    Section 143 amended (Submission of reports)

Section 143(1) of the Principal Act is amended by omitting "operator and a gaming operator" and substituting "operator, gaming operator or licensed provider".

28.    Section 148A inserted

After section 148 of the Principal Act , the following section is inserted in Division 2:

148A.   Annual Tasmanian gaming licence fee

(1)  A licensed provider must pay a Tasmanian gaming licence fee to the Treasurer in the following manner:

(a) if the licence takes effect on a day other than 1 July in any financial year, that proportion of the whole licence fee specified in subsection (2) that relates to the proportion of the financial year during which the licence has effect is to be paid within 3 days after receiving notice of the grant of the Tasmanian gaming licence;

(b) the whole licence fee specified in subsection (2) in respect of a complete financial year during which the licence is to have effect under the term of the licence is to be paid on the first day of that financial year;

(c) if the term of the licence will end on a day other than 30 June in any financial year, that proportion of the whole licence fee specified in subsection (2) that relates to the proportion of that financial year during which the licence has effect is to be paid on the first day of that financial year.

(2)  The amount of a Tasmanian gaming licence fee payable each year the licence is in force is, subject to subsection (1)  –

(a) if the Tasmanian gaming licence is endorsed with a sports betting endorsement – 200 000 fee units; or

(b) if the Tasmanian gaming licence is endorsed with a fixed odds wagering endorsement – 200 000 fee units; or

(c) if the Tasmanian gaming licence is endorsed with a simulated gaming endorsement – 300 000 fee units; or

(d) if the Tasmanian gaming licence is endorsed with a major lottery endorsement – 300 000 fee units; or

(e) if the Tasmanian gaming licence is endorsed with a prescribed endorsement – the licence fee prescribed in the regulations in respect of that prescribed endorsement; or

(f) if the Tasmanian gaming licence is endorsed with more than one of the endorsements referred to in paragraphs (a) , (b) , (c) , (d) and (e) – the total of the amounts specified in respect of each endorsement endorsed on the Tasmanian gaming licence.

(3)  The amount of a Tasmanian gaming licence fee is automatically increased so as to comply with subsection (2) if a new gaming endorsement is endorsed on an existing Tasmanian gaming licence and subsection (1)(a) applies to the amount by which the fee is increased by the grant of the endorsement and to payment of that amount.

29.    Section 149 amended (Unclaimed winnings)

Section 149 of the Principal Act is amended by inserting after subsection (2) the following subsections:

(3)  A licensed provider, other than a prescribed licensed provider or a licensed provider of a prescribed class, must pay to the Treasurer, on or before the 7th day of each month, an amount equal to prizes not paid out in respect of the conduct of gaming activities during the preceding month.

(4)  A licensed provider prescribed, or a licensed provider of a class prescribed, for the purposes of subsection (3) must pay a prescribed amount in relation to prizes not paid out in respect of the conduct of gaming activities as and when prescribed.

30.    Sections 150A and 150B inserted

After section 150 of the Principal Act , the following sections are inserted in Division 2:

150A.   Taxation in respect of Tasmanian gaming licence

(1)  In this section –

cumulative gross profits means gross profits derived by a licensed provider during a prescribed period;

gaming revenue, in relation to a month, means the total amount wagered with a licensed provider on simulated games during that month less –

(a) the total of all prizes paid out to the winning players or under section 149 during that month in respect of simulated games (other than prizes paid from a jackpot special prize pool); and

(b) the total of amounts determined under the rules of the simulated games for payment in respect of that total amount wagered into a jackpot special prize pool;

jackpot means winnings payable from money that accumulates as contributions are made to a jackpot special prize pool;

monthly gross profits means gross profits derived by a licensed provider during the month in relation to which tax is payable under this section;

prescribed period, in relation to a month for which tax is payable under this section, means the period –

(a) commencing on the first day of the financial year in which that month occurs; and

(b) ending at the end of that month.

(2)  For the purposes of the definition of "gaming revenue", if the amount of all prizes paid by the licensed provider exceeds the total of gaming revenue received in any month, the amount of the excess may be counted as prizes payable in the next or a subsequent month.

(3)  A licensed provider must pay to the Treasurer in relation to each month during which the Tasmanian gaming licence is in force a tax relating to the gaming business conducted in respect of each gaming endorsement endorsed on the licence.

(4)  The tax payable in relation to a month and the gaming business conducted in respect of a sports betting endorsement is –

(a) 0.5% of the licensed provider's turnover in respect of that month in relation to wagers from persons in Australia and New Zealand in relation to sports events; and

(b) 0.25% of the licensed provider's turnover in respect of that month in relation to wagers from persons not in Australia or New Zealand in relation to sports events.

(5)  The tax payable in relation to a month and the gaming business conducted in respect of a fixed odds wagering endorsement is 1% of the licensed provider's turnover in respect of that month in respect of wagers in relation to real horse races, harness races and greyhound races conducted in Tasmania and elsewhere.

(6)  The tax payable in relation to a month and the gaming business conducted in respect of a simulated gaming endorsement is –

(a) if the cumulative gross profits of the licensed provider are or do not exceed $30 000 000, 25% of the monthly gross profits; or

(b) if the cumulative gross profits of the licensed provider exceed $30 000 000 but are or do not exceed $35 000 000, the total of –

(i) 25% of that part of the monthly gross profits derived during that part of that month occurring before the cumulative gross profits so exceeded $30 000 000; and

(ii) 30% of that part of the monthly gross profits derived during that part of that month occurring when and after the cumulative gross profits so exceeded $30 000 000; or

(c) if the cumulative gross profits of the licensed provider exceed $35 000 000, the total of –

(i) 25% of that part of the monthly gross profits derived during that part of that month occurring before the cumulative gross profits so exceeded $30 000 000; and

(ii) 30% of that part of the monthly gross profits derived during that part of that month occurring when and after the cumulative gross profits so exceeded $30 000 000 but before those cumulative gross profits so exceeded $35 000 000; and

(iii) 35% of that part of the monthly gross profits derived during that part of that month occurring when and after the cumulative gross profits so exceeded $35 000 000.

(7)  The tax payable in relation to a month and the gaming business conducted in respect of a major lottery endorsement is 35.55% of the licensed provider's turnover.

(8)  A licensed provider must pay the tax payable in relation to a month not later than 7 days after the end of that month.

150B.   Revenue sharing

(1)  The Treasurer may enter into an agreement with the appropriate representative of the Government of a State, a Territory, a country or part of a country in relation to the sharing of tax and other revenue –

(a) obtained under this Act in relation to a Tasmanian gaming licence; or

(b) obtained by that Government in relation to a gaming activity of a licensed provider conducted in that place or this State.

(2)  An agreement made under subsection (1) may provide for incidental and supplementary matters.

(3)  If an agreement made under subsection (1) is inconsistent with a provision of this Act, the agreement prevails to the extent of the inconsistency.

31.    Part 9, Divisions 3 and 4 inserted

After section 153 of the Principal Act , the following Divisions are inserted in Part 9:

Division 3 - Gaming and wagering guarantee

153A.   Gaming and wagering guarantee

(1)  In this section –

gaming and wagering guarantee means a guarantee from an authorised deposit-taking institution relating to the business carried on, or to be carried on, under a Tasmanian gaming licence endorsed with a guaranteeable endorsement;

guaranteeable endorsement means –

(a) a sports betting endorsement; or

(b) a fixed odds wagering endorsement; or

(c) a prescribed endorsement if the regulations provide that it is also a guaranteeable endorsement; or

(d) two or more of the gaming endorsements referred to in paragraphs (a) , (b) and (c) .

(2)  A person must provide a gaming and wagering guarantee from an authorised deposit-taking institution if –

(a) the person has been granted a Tasmanian gaming licence endorsed with a guaranteeable endorsement; or

(b) the person is a licensed provider whose Tasmanian gaming licence has newly been endorsed with a guaranteeable endorsement; or

(c) the Commission under subsection (3)(b) requires a licensed provider to provide a new gaming and wagering guarantee.

(3)  By written notice to a licensed provider whose Tasmanian gaming licence is endorsed with a guaranteeable endorsement, the Commission may require the licensed provider to do one or more of the following:

(a) provide to the Commission financial statements showing the turnover of the provider in respect of that endorsement for the period of 12 months specified in the notice;

(b) provide the Commission with a new gaming and wagering guarantee.

(4)  A copy of a gaming and wagering guarantee is to be provided to the Commission within 21 days after, as the case requires –

(a) the person receives notice of the grant of the Tasmanian gaming licence; or

(b) the licensed provider receives notice of the grant of the new guaranteeable endorsement; or

(c) the licensed provider receives the requirement made under subsection (3) .

(5)  A gaming and wagering guarantee provided in accordance with subsection (2)(a) or (b) must be for an amount of not less than $1 000 000.

(6)  A gaming and wagering guarantee provided in accordance with the requirement of the Commission made under subsection (3) must be for not less than the amount specified in the requirement, that specified amount being an amount that is not less than $1 000 000 or 1% of the licensed provider's turnover relating to all gaming businesses conducted in respect of the guaranteeable endorsement during the 12 months immediately preceding the month in which the Commission made that requirement.

(7)  The Commission, under subsection (3) , may not require a licensed provider to provide a new gaming and wagering guarantee unless –

(a) at least 6 months have passed since the Tasmanian gaming licence or endorsement to which the requirement relates was granted; or

(b) at least 6 months have passed since the last such requirement was made; or

(c) the licensed provider has acquired a new associate; or

(d) the Commission considers that there has been a substantial increase in the turnover of the licensed provider.

(8)  If the Commission under subsection (3) requires a licensed provider to provide a new gaming and wagering guarantee and the licensed provider has not at that time conducted a gaming business in respect of the guaranteeable endorsement for a period of 12 months, the Commission may, for the purposes of determining the amount of the guarantee under subsection (6) , estimate the provider's turnover for a period of 12 months by having regard to the provider's turnover for the period during which the provider has conducted that gaming business.

Division 4 - Miscellaneous

153B.   Application of Taxation Administration Act 1997

The provisions of the Taxation Administration Act 1997 apply in relation to this Part and, for that purpose, this Part is taken to be a taxation law within the meaning of that Act.

153C.   Act not taxing Act

This Act is not, and never has been, an Income Tax Rating Act for the purposes of Part IV of the Constitution Act 1934 .

32.    Section 156A inserted

After section 156 of the Principal Act , the following section is inserted in Part 10:

156A.   Instant money lotteries

(1)  In this section,

instant money lottery means a lottery in which the distribution of prizes in the lottery is determined by the requirement to match symbols or amounts on a ticket in the lottery.

(2)  If there appears on a ticket in an instant money lottery the expression "match 3", "match three", "match any 3" or "match any three", or an expression having similar effect, the expression has, and always has had, the same meaning as the expression "find 3 of the same".

(3)  This section applies to a claim in respect of an instant money lottery whether made before or after the commencement of this section and whether or not proceedings have been brought in respect of the claim.

33.    Section 159 amended (Conflict of interest and duty)

Section 159(1) of the Principal Act is amended by inserting "a licensed provider," after "gaming operator,".

34.    Section 162 amended (Destruction of finger prints, &c.)

Section 162(2) of the Principal Act is amended by inserting after paragraph (b) the following paragraph:

(ba) they were obtained in connection with an application for a Tasmanian gaming licence and the licence is not granted; or

35.    Section 164 amended (False or misleading information)

Section 164(1) of the Principal Act is amended as follows:

(a) by omitting from paragraph (d) "provide –" and substituting "provide; or";

(b) by inserting the following paragraph after paragraph (d) :

(e) in, or in relation to, a return provided in respect of the finances of the holder of a licence under this Act –

36.    Section 172 amended (Information gathering for law enforcement purposes)

Section 172 of the Principal Act is amended as follows:

(a) by inserting in subsection (3)(a) "licensed provider," after "gaming operator,";

(b) by omitting from subsection (4) "gaming licence" and substituting "gaming licence, Tasmanian gaming licence".

37.    Section 173 amended (Appeals)

Section 173(1)(a) of the Principal Act is amended by inserting "or gaming endorsement" after "licence".

38.    Section 174 amended (Regulations)

Section 174(2) of the Principal Act is amended as follows:

(a) by omitting from paragraph (e) "venues or classes of approved venue" and substituting "venues, approved locations or classes of approved venues or approved locations";

(b) by omitting from paragraph (j) "operators and venue operators" and substituting "operators, venue operators and licensed providers";

(c) by inserting in paragraph (k) "and approved locations" after "in approved venues";

(d) by inserting in paragraph (k) "or approved locations" after "between approved venues";

(e) by omitting paragraph (r) and substituting the following paragraphs:

(r) any matter incidental or supplemental to the prescribing of a prescribed endorsement;

(s) any matter relevant to the conduct of gaming, a gaming activity or a gaming business.

39.    Section 178A inserted

After section 178 of the Principal Act , the following section is inserted in Part 10:

178A.   Further transitional and savings provisions

Schedule 5 has effect.

40.    Schedule 5 inserted

After Schedule 4 to the Principal Act , the following Schedule is inserted:

SCHEDULE 5 - Further transitional and savings provisions

Section 178A

1.   Interpretation

In this Schedule –

agreement means an agreement under section 85A of the Racing and Gaming Act;

permit means a permit under section 85A of the Racing and Gaming Act;

pool betting licence has the same meaning as in the Racing and Gaming Act;

prescribed day means the day on which the Gaming Control Amendment Act 1999 commences;

promoter has the same meaning as in section 85A of the Racing and Gaming Act;

Racing and Gaming Act means the Racing and Gaming Act 1952 as in force immediately before the commencement of the Gaming Control Amendment Act 1999 ;

relevant Deed means the Deed, as amended from time to time, made on 27 July 1998 between the Crown in right of the State of Tasmania and Australian National Hotels Pty Ltd;

Supervising Agency has the same meaning as in section 74A of the Racing and Gaming Act;

telephone sports betting licence has the same meaning as in the Racing and Gaming Act.

2.   Continued operation of relevant Deed

While the relevant Deed is in force, nothing in Part 4A of this Act or section 11(c)  –

(a) affects the operation of the relevant Deed; or

(b) prevents Australian National Hotels Pty Ltd from conducting Casino Internet Operations from the Wrest Point Hotel Casino under, and as acknowledged by, the relevant Deed without also being the holder of a Tasmanian gaming licence endorsed with a simulated gaming endorsement.

3.   Telephone sports betting licences

(1) A telephone sports betting licence that is in force immediately before 18 November 1999 and is still in force immediately before the prescribed day is taken on and after that day to be a Tasmanian gaming licence that –

(a) is endorsed with a sports betting endorsement; and

(b) contains the same terms as the telephone sports betting licence; and

(c) is subject to the conditions to which the telephone sports betting licence was subject; and

(d) has effect, subject to this Act, until 14 May 2000.

(2) Clause 5 does not apply in respect of a Tasmanian gaming licence that a person is taken to hold under subclause (1) .

(3) If a person who is taken to hold a Tasmanian gaming licence under subclause (1) intends to continue the business conducted under that Tasmanian gaming licence after 14 May 2000, the person must apply for a new Tasmanian gaming licence under section 76C .

(4) On making an application referred to in subclause (3) , the applicant is not required to pay the application fee specified in section 76C(2)(d) but the Commission may require the applicant to pay the whole or part of the reasonable costs incurred by the Commission in investigating, processing and determining the application.

(5) Clause 6 and sections 148A and 153A do not apply in respect of a Tasmanian gaming licence endorsed with a sports betting endorsement granted in relation to an application referred to in subclause (3) , whether being the Tasmanian gaming licence so granted or that Tasmanian gaming licence after renewal, but the holder of that Tasmanian gaming licence must –

(a) pay to the Commission the prescribed licence fee; and

(b) provide to the Commission a gaming and wagering guarantee, within the meaning of section 153A , of the prescribed amount as, and in the manner, prescribed.

(6) Any business conducted under a telephone sports betting licence before the prescribed day is taken to have been conducted under a Tasmanian gaming licence endorsed with a sports betting endorsement.

(7) If, before the prescribed day, circumstances existed that could or would have resulted in the Supervising Agency taking action under section 74I or 74J of the Racing and Gaming Act as in force immediately before that day, the Commission may take action in respect of those circumstances under section 76ZG .

(8) Any commission that, under section 74L of the Racing and Gaming Act –

(a) is payable immediately before the prescribed day continues to be payable on and after that day; or

(b) has accrued in respect of any period ending immediately before the prescribed day but is not at that time due to be paid is to be paid on or after that day as directed by the Commission.

(9) An amount payable by a person under this clause is a debt due to the Crown.

(10) The regulations may provide for matters of a transitional or savings nature arising out of the application of this clause.

(11) Regulations of a kind referred to in subclause (10) may take effect on the prescribed day or a later day specified in the regulations.

4.   Major lotteries

(1) If, immediately before the prescribed day, an agreement is in force, the permit issued in respect of that agreement continues in force until 31 January 2002 or the agreement is sooner determined in accordance with the agreement and the Racing and Gaming Act, as in force immediately before the prescribed day, continues to apply in respect of that permit and the agreement.

(2) While the permit referred to in subclause (1) remains in force, the Commission must not endorse any other Tasmanian gaming licence with a major lottery endorsement so as to authorise the licensed provider to sell, on personal application at an approved location, tickets in major lotteries conducted by the licensed provider unless the holder of the permit consents in writing.

5.   Tasmanian gaming licence with sports betting endorsement

Despite section 76S(b) , a Tasmanian gaming licence endorsed with a sports betting endorsement does not authorise the licensed provider, during the period commencing on the prescribed day and ending on 31 December 2003, to accept wagers in respect of an approved sports event from persons physically present at the approved sports event or an approved location.

6.   Tasmanian gaming licence with fixed odds wagering endorsement

Despite section 76T , a Tasmanian gaming licence endorsed with a fixed odds wagering endorsement does not authorise the licensed provider, during the period commencing on the prescribed day and ending on 31 December 2003, to accept from any person physically present at an approved location fixed odds wagers in respect of any horse race, harness race or greyhound race.

41.   Substitutions to include licensed provider

Each of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "gaming operator" on the number of occurrences specified in Column 2 of that Schedule and substituting "gaming operator, licensed provider".

42.   Further substitutions to include licensed provider

Each of the provisions of the Principal Act specified in Column 1 of Schedule 2 is amended by omitting "operator or gaming operator" on the number of occurrences specified in Column 2 of that Schedule and substituting "operator, gaming operator or licensed provider".

SCHEDULE 1 - Substitutions to include licensed provider

Section 41

SCHEDULE 2 - Further substitutions to include licensed provider

Section 42

[Second reading presentation speech made in:

House of Assembly on 25 NOVEMBER 1999

Legislative Council on 1 DECEMBER 1999]