Gaming Control Amendment (Minor Gaming and Miscellaneous Amendments) Act 2001

Gaming Control Amendment (Minor Gaming and Miscellaneous Amendments) Act 2001

An Act to amend the Gaming Control Act 1993 and the Stamp Duties Act 1931

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 (Minor Gaming and Miscellaneous Amendments) Act 2001 .

2.   Commencement

(1)  Sections 51 , 62 and 63 commence on a day to be proclaimed.

(2)  The remaining provisions of this Act commence on 1 July 2001.

3.   Principal Act

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

4.    Long title substituted

The Principal Act is amended by omitting the long title and substituting the following long title:

An Act to make provision generally in respect of gaming and wagering, to provide for the supervision and control of casinos, gaming machines, keno, lotteries, lucky envelopes, gaming by telephone and other electronic means and other gaming and to provide for related matters

5.    Section 3 amended (Interpretation)

Section 3 of the Principal Act is amended as follows:

(a) by inserting the following definition after the definition of authorised deposit-taking institution in subsection (1) :

authorised game means a game determined under section 76ZZK to be an authorised game;

(b) by inserting the following definition after the definition of casino operator in subsection (1) :

charitable purposes includes the following purposes:

(a) religious purposes;

(b) educational purposes;

(c) benevolent purposes;

(d) welfare purposes;

(e) providing medical treatment or attention;

(f) promoting or encouraging literature, art or science;

(g) establishing, managing or beautifying a community centre or park or other community premises or place;

(h) recreational or sporting purposes;

(i) a purpose approved by the Commission generally or in a particular case;

(c) by inserting the following definition after the definition of computer server in subsection (1) :

contravene includes fail to comply with;

(d) by omitting the definition of Deed from subsection (1) and substituting the following definition:

Deed means –

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

(b) any deed made in substitution for, or as a supplement to, the Deed referred to in paragraph (a) or such a substitution deed or supplemental deed;

(e) by omitting the definition of exclusion order from subsection (1) and substituting the following definition:

exempt game means a game, or a game of a class, declared to be an exempt game under subsection (8A) ;

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

fail to comply with includes contravene;

(g) by inserting "or an exempt game" after "prescribed game" in the definition of game in subsection (1) ;

(h) by omitting the definitions of gaming and gaming Act from subsection (1) and substituting the following definitions:

gaming means wagering in a contingency relating to a game, whether by means of a gaming machine or otherwise;

gaming Act means –

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

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

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

(i) by inserting the following definition after the definition of law enforcement agency in subsection (1) :

licence holder means a person who holds a licence or permit that is in force under this Act;

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

lucky envelope means –

(a) any ticket, card or envelope that is commonly known as a lucky envelope, beer ticket, cash ticket or tear open envelope; and

(b) any other ticket, card or envelope of a similar nature or kind;

lucky envelope supplier means a person who prints or otherwise manufactures lucky envelopes or sells lucky envelopes to another person for the purposes of resale by that other person;

(k) by inserting the following definitions after the definition of major lottery endorsement in subsection (1) :

minor gaming operator means the holder of a minor gaming permit;

minor gaming permit means a minor gaming permit granted and in force under Part 4B ;

(l) by inserting the following definition after the definition of non-licensed premises in subsection (1) :

not-for-profit organisation means an organisation, association, society, club, institution or other body, whether corporate or unincorporate, that is formed or carried on primarily for charitable purposes and not for purposes of trading or securing a profit for its members or another body;

(m) by inserting the following definition after the definition of pools in subsection (1) :

premises includes –

(a) a vehicle, vessel, aircraft and other means of transport; and

(b) a part of premises;

(n) by inserting the following definitions after the definition of prescribed event in subsection (1) :

prescribed licence means –

(a) a casino licence; and

(b) a gaming operator's licence; and

(c) a licensed premises gaming licence; and

(d) a special employee's licence; and

(e) a technician's licence; and

(f) a listing on the Roll; and

(g) a Tasmanian gaming licence; and

(h) a minor gaming permit; and

(i) any other licence, permit or authority or similar document prescribed by the regulations;

prescribed licence holder means the holder of a prescribed licence;

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

public place means –

(a) a public place within the meaning of the Police Offences Act 1935 ; and

(b) a common gaming-house;

(p) by omitting the definitions of self-exclusion notice and sell from subsection (1) and substituting the following definitions:

rules of the game, in relation to an authorised game, means the rules of the game set out in a determination under section 76ZZK in respect of that authorised game;

sell means –

(a) sell by wholesale or retail; and

(b) offer, display or expose for sale; and

(c) keep for sale; and

(d) barter or exchange; and

(e) deal in or agree to sell; and

(f) supply, forward or deliver for sale or for, or in expectation of receiving, any payment or other consideration; and

(g) authorise, cause, attempt, allow, assist with or cooperate in the doing of any act referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) ;

(q) by omitting the definition of special employee from subsection (1) and substituting the following definitions:

special employee has the meaning given by section 49 ;

special employee's licence means a special employee's licence issued under Division 3 of Part 4 ;

(r) by inserting the following definition after the definition of Tasmanian gaming licence in subsection (1) :

technician's licence means a technician's licence issued and in force under Division 4 of Part 4 ;

(s) by omitting the definition of turnover from subsection (1) and substituting the following definitions:

ticket, in relation to a lottery or other game, means any document evidencing a chance in the lottery or game;

trade promotion means a scheme or device for the distribution of a prize by way of sale, gift or otherwise where 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;

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

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

wager means doing one or more of the following acts for oneself or on behalf of another person:

(a) wagering;

(b) paying, receiving or settling a wager;

(c) offering or agreeing to wager;

(d) offering or agreeing to pay, receive or settle a wager;

(e) assisting or cooperating with a person in connection with the doing of any act referred to in paragraph (a) , (b) , (c) or (d) ;

(u) by inserting the following subsections after subsection (8) :

(8A)  The Commission by notice in the Gazette may declare a game, or a game of a class specified in the notice, to be an exempt game.

(8B)  The Commission may include in a notice under subsection (8A) conditions to which the declaration is subject and conditions relating to the conduct of the exempt game.

(v) by omitting from subsection (9) " subsection (6) , (7) or (8) " and substituting " subsection (6) , (7) , (8) or (8A) ".

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

Section 4 of the Principal Act is amended as follows:

(a) by omitting from subsection (2) "licence)" and substituting "licence), permit";

(b) by inserting in subsection (2) "or permit" after "such a licence";

(c) by omitting the definition of relevant position from subsection (3) and substituting the following definition:

relevant position, in relation to a business, means –

(a) the position of director, manager or other executive position or secretary, however that position is designated in that business; or

(b) if that business is conducted in premises in respect of which a liquor licence under the Liquor and Accommodation Act 1990 is in force, the holder of that liquor licence;

7.    Section 4A amended (Meaning of "lottery")

Section 4A of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

(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 is a trade promotion.

8.    Part 1A inserted

After section 5 of the Principal Act , the following Part is inserted:

PART 1A - Gaming and related activities prohibited in certain circumstances

5A.   Gaming and related activities prohibited in certain circumstances

(1)  Except as authorised by or under this Act or another Act, a person must not –

(a) open, keep or use a place, or allow a place of which the person is the occupier to be opened, kept or used, for the purpose of conducting gaming in that place; or

(b) conduct gaming as a business; or

(c) assist a person who is conducting gaming as a business in contravention of paragraph (b) .

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.

(2)  For the purposes of subsection (1) , a reference to the conduct of, or conducting, gaming as a business includes a reference to the conduct of, or conducting, an authorised game.

(3)  Except as authorised by or under this Act, a person must not –

(a) wager on, or otherwise participate in, gaming, a game or a gaming activity in a public place; or

(b) be in a public place for the purpose of wagering on, or otherwise participating in, gaming, a game or a gaming activity in that public place.

Penalty:  Fine not exceeding 500 penalty units.

9.    Section 8 amended (Gaming in licensed casinos declared lawful)

Section 8 of the Principal Act is amended by omitting subsection (2) .

10.    Section 9 amended (Gaming in certain licensed premises declared lawful)

Section 9 of the Principal Act is amended by omitting subsection (2) .

11.    Section 10 amended (Conduct of keno by licensed gaming operators declared lawful)

Section 10 of the Principal Act is amended by omitting subsection (2) .

12.    Section 18 amended (Financial accommodation)

Section 18(2)(b) of the Principal Act is amended by omitting " section 20 " and substituting " Division 6 of Part 5 ".

13.    Section 20 repealed

Section 20 of the Principal Act is repealed.

14.    Section 24 amended (Investigation of application)

Section 24(2) of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraphs:

(b) may refer a copy of the application, any photograph and other information obtained from or in respect of the application and any supporting documentation to the Commissioner of Police; and

(c) must refer a copy of any finger prints and palm prints obtained in respect of the application to the Commissioner of Police.

15.    Section 32 amended (Authority conferred by a special employee's licence)

Section 32 of the Principal Act is amended by omitting "operator or licensed provider" and substituting "operator, licensed provider or minor gaming operator".

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

Section 34 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:

(b) to manufacture, sell or supply other gaming equipment –

(i) of a type approved by the Commission under section 81 ; and

(ii) of a type that is required by a minor gaming permit to be supplied to the minor gaming operator by a person listed on the Roll; and

17.    Section 40 amended (Commission may require further information, &c.)

Section 40 of the Principal Act is amended by omitting subsection (3) and substituting the following subsections:

(3)  The Commission may refer a copy of any photographs, other information and supporting documentation obtained under this section to the Commissioner of Police.

(3A)  The Commission must refer a copy of any finger prints and palm prints obtained under this section to the Commissioner of Police.

18.    Section 42 amended (Determination of application)

Section 42 of the Principal Act is amended by inserting after subsection (2) the following subsection:

(2A)  If a licensed premises gaming licence takes effect on a day to be determined by the Commission, the day on which the licence takes effect may be determined 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.

19.    Section 43 substituted

Section 43 of the Principal Act is repealed and the following section is substituted:

43.   Transfer of licensed premises gaming licence

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

(2)  Despite subsection (1) , if the Commission considers it appropriate the Commission may endorse on a licensed premises gaming licence the name of any of the following persons:

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

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

(c) the official receiver, trustee or assignee of the holder of the licence 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 the holder of the licence that is a body corporate.

(3)  A person whose name is endorsed on a licensed premises gaming licence under subsection (2) is taken to be the holder of the licence for the period not exceeding 6 months determined by the Commission and the original holder of the licence ceases to be the holder of the licence.

(4)  If the Commission endorses a person's name on a licensed premises gaming licence under subsection (2) , it may at the same time amend the licence and give directions in respect of the conduct of gaming under, and the administration of the business relating to, that licence.

20.    Section 43B amended (Renewal of licensed premises gaming licence)

Section 43B of the Principal Act is amended by inserting after subsection (3) the following subsection:

(3A)  The Commission may refund or waive the payment of the whole or part of the prescribed fee if it considers it appropriate to do so.

21.    Section 45 amended (Notification of certain applications concerning liquor licence)

Section 45(2) of the Principal Act is amended by omitting paragraph (ab) .

22.    Sections 47 and 47A repealed

Sections 47 and 47A of the Principal Act are repealed.

23.    Section 49 amended (Interpretation)

Section 49 of the Principal Act is amended as follows:

(a) by omitting the definitions of licence and licensee ;

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

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

(d) is employed or working, whether or not for remuneration or reward, for a minor gaming operator and who carries out prescribed duties.

24.    Section 50 amended (Special employees to be licensed)

Section 50 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "or perform" after "exercise";

(b) by inserting in subsection (1) "special employee's" after "by a";

(c) by omitting from subsection (2) "operator or licensed provider" and substituting "operator, licensed provider or minor gaming operator";

(d) by inserting in subsection (2)(a) "exercise or" after "to";

(e) by inserting in subsection (2)(b) "or performance" after "exercise";

(f) by inserting in subsection (2) "special employee's" after "by a";

(g) by inserting in subsection (2) "or perform" after "licence to exercise";

(h) by omitting subsections (3) and (4) and substituting the following subsections:

(3)  A special employee, other than a special employee employed by a minor gaming operator, must not carry out any prescribed duties not authorised under a special employee's licence unless the Commission has received a certificate as to the competence of the special employee to perform those duties from –

(a) a venue operator, gaming operator or licensed provider; or

(b) an educational or training institution approved by the Commission for the purpose.

(4)  The Commission may, on such occasions as it may require after the receipt of a certificate of competence under subsection (3) in respect of a special employee, request the venue operator, gaming operator or licensed provider employing the special employee to provide another certificate as to the competence of the special employee.

(5)  By written notice provided to a special employee and the venue operator, gaming operator or licensed provider employing or proposing to employ the special employee, the Commission may –

(a) exempt the special employee and the venue operator, gaming operator or licensed provider employing or proposing to employ the special employee from the requirements of subsection (3) ; and

(b) revoke an exemption given under paragraph (a) .

25.    Section 51 amended (Application for special employee's licence)

Section 51 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "special employee's" after "for a";

(b) by omitting from subsection (1)(c) "a certificate" and substituting "where relevant, a certificate";

(c) by inserting in subsection (1)(c) "or perform" after "exercise";

(d) by omitting from subsection (2) "The applicant" and substituting "An applicant, other than an applicant who is or is proposing to be employed by a minor gaming operator,";

(e) by omitting subsection (3) and substituting the following subsections:

(3)  The Commission may require an applicant who is or is proposing to be employed by a minor gaming operator to consent to having his or her photograph, finger prints and palm prints taken by the Commission.

(3A)  The Commission may refer a copy of the application, any photographs and other information obtained from or in relation to the application and any supporting documentation to the Commissioner of Police.

(3B)  The Commission must refer a copy of any finger prints and palm prints obtained in relation to the application to the Commissioner of Police.

(f) by inserting in subsection (5) "special employee's" after "application for a";

(g) by inserting in subsection (5) "special employee's" after "apply for a".

26.    Section 52 amended (Updating of application)

Section 52(1) of the Principal Act is amended by inserting "special employee's" after "for a".

27.    Section 53 amended (Commission may require further information, &c.)

Section 53(1) of the Principal Act is amended by inserting "special employee's" after "for a".

28.    Section 55 amended (Determination of application)

Section 55 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "special employee's" after "a";

(b) by inserting in subsection (2) "special employee's" after "a";

(c) by inserting in subsection (4) "special employee's" after "A";

(d) by omitting from subsection (4) "licensee's" and substituting "special employee's".

29.    Section 56 amended (Conditions of special employee's licence)

Section 56 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "special employee's" after "A";

(b) by inserting in subsection (2) "special employee's" after "a";

(c) by inserting in subsection (3) "special employee's" after "every";

(d) by inserting in subsection (4) "special employee's" after "every".

30.    Section 56A amended (Replacement special employee's licence)

Section 56A of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "special employee's" after "her";

(b) by inserting in subsection (2) "special employee's" after "replacement";

(c) by inserting in subsection (3) "special employee's" after "replacement".

31.    Section 57 amended (Identification)

Section 57(2) of the Principal Act is amended by omitting "operator or licensed provider" and substituting "operator, gaming operator, licensed provider or minor gaming operator or at its own discretion".

32.    Section 58 amended (Provisional special employee's licence)

Section 58 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "special employee's" after "for a";

(b) by inserting in subsection (1) "special employee's" after "provisional";

(c) by inserting in subsection (2) "special employee's" after "provisional";

(d) by inserting in subsection (4) "special employee's" after "A provisional";

(e) by inserting in subsection (5) "special employee's" after "A provisional";

(f) by omitting from subsection (5) "licensee's" and substituting "special employee's";

(g) by inserting in subsection (5) "special employee's" after "a";

(h) by inserting in subsection (6) "special employee's" after "provisional";

(i) by inserting in subsection (6) "special employee's" after "it applies to a".

33.    Section 59 substituted

Section 59 of the Principal Act is repealed and the following section is substituted:

59.   Duration of special employee's licence

A special employee's licence remains in force for the period not exceeding 5 years specified in it unless it is sooner cancelled or surrendered to the Commission by written notice.

34.    Section 60 amended (Renewal of special employee's licence)

Section 60 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "special employee's" after "her current";

(b) by inserting in subsection (1)(a) "special employee's" after "current";

(c) by inserting in subsection (1)(b) "special employee's" after "current";

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

(2A)  The Commission may refund or waive the payment of the whole or part of the prescribed fee if it considers it appropriate to do so.

(e) by inserting in subsection (3) "special employee's" after "renewal of a";

(f) by inserting in subsection (3) "special employee's" after "issue of a".

35.    Sections 61 , 62 and 63 repealed

Sections 61 , 62 and 63 of the Principal Act are repealed.

36.    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 "operator or licensed provider" and substituting "operator, licensed provider or minor gaming operator";

(b) by inserting "performance or" after "constitutes the".

37.    Section 65 amended (Provision of information relating to special employee)

Section 65(4) of the Principal Act is amended by inserting "special employee's" after "condition of a".

38.    Section 66 amended (Interpretation)

Section 66 of the Principal Act is amended as follows:

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

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

(b) by inserting "technician's" after "a" in the definition of licensee .

39.    Section 67 amended (Only licensed technicians to repair, &c., gaming equipment)

Section 67 of the Principal Act is amended by inserting "technician's" after "by a".

40.    Section 69A inserted

Before section 70 of the Principal Act , the following section is inserted in Division 5:

69A.   Interpretation of Division

In this Division,

minor gaming Roll applicant means an applicant for a listing on the Roll who is making the application solely because of an intention to supply equipment that a minor gaming permit requires to be supplied to a minor gaming operator by a person listed on the Roll.

41.    Section 71 amended (Application to be listed on Roll)

Section 71 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "operators or casino operators" and substituting "operators, casino operators or minor gaming operators";

(b) by omitting from subsection (4) "The applicant" and substituting "An applicant, other than a minor gaming Roll applicant,";

(c) by omitting subsection (5) and substituting the following subsections:

(5)  The Commission may require a minor gaming Roll applicant to consent to having his or her photograph, finger prints and palm prints taken by the Commission.

(5A)  The Commission may refer a copy of the application, any photograph and other information obtained from or in relation to the application and any supporting documentation to the Commissioner of Police.

(5B)  The Commission must refer a copy of the finger prints and palm prints obtained in relation to the application to the Commissioner of Police.

(d) by omitting from subsection (7) "applicant" and substituting "applicant, other than a minor gaming Roll applicant,".

42.    Section 73 amended (Objections)

Section 73(1) of the Principal Act is amended by omitting "Roll" and substituting "Roll, other than an application by a minor gaming Roll applicant,".

43.    Section 73A inserted

After section 73 of the Principal Act , the following section is inserted in Division 5:

73A.   Updating of application

(1)  If a change occurs in the information provided in or in connection with an application for listing on the Roll (including in any documents lodged with the application) before the application is granted or refused, 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 must then be considered to have formed part of the original application for the purposes of the application of subsection (1) to any further change in the information provided.

44.    Section 74 amended (Determination of application)

Section 74 of the Principal Act is amended as follows:

(a) by omitting from subsection (2) "application," and substituting "application in respect of an applicant other than a minor gaming Roll applicant,";

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

(2A)  Without limiting the matters which the Commission may consider in determining whether to grant an application in respect of a minor gaming Roll applicant, the Commission must consider whether the applicant and each associate of the applicant is of good repute, having regard to character, honesty and integrity.

45.    Sections 75 and 75A substituted

Sections 75 and 75A of the Principal Act are repealed and the following sections are substituted:

75.   Listing on Roll subject to conditions

(1)  The listing of a person on the Roll is subject to any conditions determined by the Commission and specified in the Roll in respect of that listing.

(2)  The conditions specified in the Roll in respect of the listing of a person 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.

(3)  A reference in subsection (2) to a code, standard or other document is a reference to that code, standard or other document as amended from time to time.

(4)  The conditions specified in the Roll in respect of a listing on the Roll form part of that listing.

75A.   Removal from Roll in certain cases

The Commission may remove the name of a person from the Roll if –

(a) in the case of a natural person, the person has died; or

(b) in the case of a person who is not a natural person, the person is no longer in existence; or

(c) the listing on the Roll has been cancelled under section 112T ; or

(d) the listing on the Roll has been surrendered.

46.    Section 76B amended (Offence to conduct gaming business without endorsed Tasmanian gaming licence)

Section 76B(4) of the Principal Act is amended by omitting paragraph (c) and substituting the following paragraphs:

(c) a gaming activity carried on –

(i) by the company formed under section 6 of the TOTE Tasmania Act 2000 as TOTE Tasmania Pty Ltd; and

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

(d) the sale in Tasmania of tickets in a major lottery conducted elsewhere than in Tasmania if the sale of tickets is authorised or allowed –

(i) under an agreement entered into under section 150B ; or

(ii) during the period ending on 30 June 2010, under an agreement within the meaning of Part 1 of Schedule 5 .

47.    Sections 76ZD and 76ZE repealed

Sections 76ZD and 76ZE of the Principal Act are repealed.

48.    Part 4A, Division 5 repealed

Division 5 of Part 4A of the Principal Act is repealed.

49.    Section 76ZH amended (When Tasmanian gaming licence ends)

Section 76ZH of the Principal Act is amended as follows:

(a) by omitting from paragraph (c) " section 76ZG(7) " and substituting " section 112T(8) ";

(b) by omitting from paragraph (d) " section 76ZF " and substituting " section 112S(4) ".

50.    Section 76ZI amended (Surrender of Tasmanian gaming licence or gaming endorsement)

Section 76ZI of the Principal Act is amended as follows:

(a) by inserting the following subsections after subsection (2) :

(2A)  After a Tasmanian gaming licence is surrendered, the Treasurer may refund to the person who surrendered the licence a portion of the licence fee paid in respect of the financial year in which the licence was surrendered.

(2B)  The amount that may be refunded under subsection (2A) is an amount calculated in accordance with the following formula less any amounts owed by the person who surrendered the licence as licence fees, taxes or fines imposed under section 112T :

where –

A is the amount to be calculated;

LF is the licence fee payable in respect of the full financial year in which the Tasmanian gaming licence was surrendered;

M is the number of months remaining after the person ceased to hold the Tasmanian gaming licence in respect of the financial year in which the licence was surrendered.

(b) by omitting from subsection (4)(b)(ii) "endorsement." and substituting "endorsement; and";

(c) by inserting the following paragraph after paragraph (b) in subsection (4) :

(c) the Treasurer may refund to the person who surrendered the endorsement a portion of the prescribed part of the licence fee paid in respect of the financial year in which the endorsement was surrendered.

(d) by inserting the following subsections after subsection (4) :

(5)  The amount that may be refunded under subsection (4)(c) is an amount calculated in accordance with the following formula less any amounts owed by the person who surrendered the endorsement as licence fees, taxes or fines imposed under section 112T :

where –

A is the amount to be calculated;

PP is the prescribed part of the licence fee payable for the Tasmanian gaming licence in respect of the full financial year in which the endorsement was surrendered;

M is the number of months remaining after the person ceased to hold the endorsement in respect of the financial year in which the endorsement was surrendered.

(6)  In subsections (4) and (5) ,

prescribed part of a licence fee payable for a Tasmanian gaming licence means that part of the licence fee that is payable because of a particular gaming endorsement endorsed on the licence.

51.    Section 76ZL repealed

Section 76ZL of the Principal Act is repealed.

52.    Section 76ZN amended (Complaints about licensed providers)

Section 76ZN(5) of the Principal Act is amended by omitting " sections 76ZD and 76ZE " and substituting " sections 112N and 112O ".

53.    Section 76ZT amended (Power to withhold prize)

Section 76ZT(3)(b) of the Principal Act is amended by omitting " sections 76ZD and 76ZE " and substituting " sections 112N and 112O ".

54.    Part 4A, Division 10: Heading amended

Division 10 of Part 4A of the Principal Act is amended by inserting in the heading to that Division "and powers" after "duties".

55.    Section 76ZY amended (Restriction on accepting new associate)

Section 76ZY(2)(a) of the Principal Act is amended by omitting " section 76ZE " and substituting " section 112O as if the proposed associate were an associate".

56.    Part 4B inserted

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

PART 4B - Minor gaming conducted for charitable purposes

Division 1 - Minor gaming conducted for charitable purposes lawful

76ZZJ.   Minor gaming conducted for charitable purposes lawful

(1)  Despite the provisions of any other Act or law, the conduct of an authorised game in a place and the wagering and acceptance of wagers in an authorised game are lawful if –

(a) the authorised game is conducted by a minor gaming operator; and

(b) the authorised game is conducted and played in accordance with –

(i) any conditions to which its conduct and playing are subject under this Act; and

(ii) the rules of the game.

(2)  The lawful conduct and playing of an authorised game is not a public or private nuisance.

(3)  Section 9(1)(a) of the Police Offences Act 1935 does not apply to implements or articles used or intended to be used in the conduct and playing of an authorised game lawfully conducted under a minor gaming permit.

Division 2 - Authorised games

76ZZK.   Authorised game and rules of the game

(1)  The Commission may determine a game to be an authorised game.

(2)  A determination under subsection (1) may –

(a) describe the game in any manner the Commission considers appropriate including by reference to monetary or other limits; and

(b) specify the conditions relating to the conduct and playing of the authorised game that the Commission considers appropriate.

(3)  The conditions relating to the conduct and playing of an authorised game may include –

(a) conditions as to the days, times and places on or at which the authorised game may be conducted and played; and

(b) any other conditions the Commission considers appropriate.

(4)  A determination under subsection (1) must set out the rules of the authorised game.

(5)  The Commission may amend or revoke a determination made under subsection (1) .

(6)  If the Commission amends or revokes a determination made under subsection (1) , the Commission must notify in writing each holder of a minor gaming permit entitled under that permit to conduct the authorised game to which that amendment or revocation relates.

76ZZL.   Availability of authorised games list and rules of games

(1)  The Commission must make available for the perusal of any person a list containing all the games determined to be authorised games and the rules of the game in respect of each game so listed.

(2)  The list must be made available –

(a) within normal working hours; and

(b) at the office of the Commission; and

(c) in any form, including electronic, the Commission considers appropriate.

(3)  On receipt of the request of any person, the Commission must provide the person with a copy of the list referred to in subsection (1) or any part of that list as specified in the request.

76ZZM.   Commission to act in accordance with Deed and agreements between Crown and licence holder

In determining a game to be an authorised game, the rules of the game and any conditions relating to the conduct and playing of the authorised game, the Commission must not act in a manner that is inconsistent with the Deed or the terms of an agreement between the Crown and a licence holder, or an agreement under section 150B , that is in effect.

Division 3 - Minor gaming permit

76ZZN.   Application for minor gaming permit

(1)  A person who wishes to conduct an authorised game may apply to the Commission for a minor gaming permit.

(2)  An application is to –

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

(b) specify the authorised game the applicant wishes to conduct; and

(c) specify the purposes for which the authorised game would be conducted; and

(d) specify how the proceeds from the authorised game will be distributed; and

(e) be accompanied by any fee determined by the Commission by written notice provided to the applicant.

(3)  On receipt of an application, the Commission may require the applicant to provide further information.

76ZZO.   Grant of minor gaming permit

(1)  On receiving an application under section 76ZZN , the Commission may grant or refuse to grant a minor gaming permit to the applicant.

(2)  In determining whether or not to grant a minor gaming permit, the Commission may conduct such investigation as the Commission considers appropriate to determine whether the applicant is a person who in the opinion of the Commission is suitable to conduct authorised games in accordance with a minor gaming permit.

(3)  In conducting an investigation, the Commission may –

(a) make such inquiries in respect of the applicant and into the applicant's affairs as it considers appropriate; and

(b) take all reasonable steps it considers appropriate to enable and facilitate those inquiries.

(4)  The Commission by notice provided to the applicant may require the applicant to pay the reasonable costs of the whole or any part of an investigation undertaken by the Commission under subsection (2) and those costs –

(a) are a debt due and payable to the Crown; and

(b) may be recovered in a court of competent jurisdiction.

(5)  If the Commission has required an applicant to pay the reasonable costs of the whole or part of an investigation undertaken under subsection (2) , the Commission must not grant a minor gaming permit to that applicant until those costs have been paid or an arrangement for payment has been entered into by the applicant.

(6)  The Commission must not grant a minor gaming permit to a person unless satisfied that the proceeds of conducting the authorised game are to be used for the lawful purposes of a not-for-profit organisation or a charitable purpose and not for the private gain or benefit of any person except by way of charity.

(7)  The Commission may grant a minor gaming permit subject to such conditions as the Commission considers appropriate.

(8)  Without limiting subsection (7) , the Commission may include in the conditions to which a minor gaming permit is subject one or more of the following conditions:

(a) a condition requiring the minor gaming operator to distribute for charitable purposes or the lawful purposes of a not-for-profit organisation the whole, or a proportion determined by the Commission, of the profit obtained from the conduct of authorised games;

(b) a condition limiting the amount of turnover obtained from the conduct of authorised games that the minor gaming operator may use to meet the costs of promoting and conducting authorised games;

(c) a condition requiring the minor gaming operator to obtain the approval of the Commission for specified gaming equipment or to use specified gaming equipment of a class approved by the Commission;

(d) a condition requiring the minor gaming operator to be supplied with specified gaming equipment from a person listed on the Roll.

(9)  On granting a minor gaming permit to a person, the Commission must list in a Register of Minor Gaming Operators kept by the Commission the name of the person, any conditions to which the permit is subject and any details of the person that the Commission considers relevant.

76ZZP.   Authority of minor gaming permit

(1)  In this section,

specified means specified in the minor gaming permit.

(2)  A minor gaming permit authorises the specified not-for-profit organisation or other person to conduct the specified authorised games in accordance with any specified conditions, the rules of the game and this Act while the minor gaming permit is in effect.

76ZZQ.   Period of minor gaming permit

A minor gaming permit has effect, unless sooner cancelled or surrendered, for the period of 12 months or less specified in it.

76ZZR.   Surrender of minor gaming permit

(1)  A minor gaming operator may surrender the minor gaming permit to the Commission at any time.

(2)  A minor gaming permit ceases to have effect when it is surrendered.

(3)  After a minor gaming permit is surrendered, the Commission may refund to the person who surrendered it a portion of the permit fee paid.

76ZZS.   Amendment of minor gaming permit

(1)  The Commission may at any time amend a minor gaming permit as it considers appropriate.

(2)  An amendment of a minor gaming permit may include or consist of an amendment of the conditions to which the permit is subject.

(3)  If the Commission amends a minor gaming permit –

(a) the Commission must notify the minor gaming operator of the amendment in writing; and

(b) the amendment takes effect on the day specified in that notice.

(4)  The day specified in the notice as the day on which the amendment takes effect must not be a day which is earlier than the day on which the minor gaming operator receives the notice or, if the notice is sent by post, would receive the notice in the ordinary course of post.

Division 4 - Duties of minor gaming operators

76ZZT.   Duty to comply with conditions and rules of game

(1)  A minor gaming operator must comply with the conditions to which the minor gaming permit is subject.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A minor gaming operator conducting an authorised game must comply with –

(a) the conditions relating to the conduct and playing of that authorised game; and

(b) the rules of the game.

Penalty:  Fine not exceeding 50 penalty units.

76ZZU.   Duty to notify change of address

A minor gaming operator must give written notice to the Commission of any change of address within 21 days after that change of address occurs.

Penalty:  Fine not exceeding 50 penalty units.

57.    Section 77 substituted

Section 77 of the Principal Act is repealed and the following section is substituted:

77.   Approval of certain contracts by Commission

(1)  In this section –

contract includes any kind of agreement or arrangement;

relevant contract means –

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

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

standard form contract means –

(a) a relevant contract that is in a form which has been approved by the Commission as a standard form for a relevant contract; and

(b) a relevant contract that is substantially the same as a relevant contract that is in a form which has been determined by the Commission as a standard form for a relevant contract.

(2)  A relevant contract that is not a standard form contract is of no effect unless it has been approved by the Commission.

(3)  The Commission may exempt from the operation of subsection (2) any particular relevant contract and any relevant contract of a particular class of relevant contracts.

(4)  In determining a standard form for a relevant contract or whether to grant an approval for the purposes of subsection (2) , the Commission must not determine that standard form or give that approval if, in its opinion, to do so would result in a relevant contract that –

(a) is harsh and unconscionable; or

(b) is not in the public interest; or

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

(d) is in breach of this Act.

58.    Section 78 amended (Rectification order as alternative to disciplinary action)

Section 78(1) of the Principal Act is amended as follows:

(a) by omitting "under section 20 ";

(b) by omitting " section 47 " and substituting " section 112T ".

59.    Section 82 amended (Purchase of gaming equipment from person not listed on the Roll)

Section 82 of the Principal Act is amended by omitting subsection (2) and substituting the following subsection:

(2)  A permit granted by the Commission under this section is subject to the conditions determined by the Commission and specified in the permit.

60.    Section 93 repealed

Section 93 of the Principal Act is repealed.

61.    Section 94 amended (Credit, &c.)

Section 94(1) of the Principal Act is amended by inserting "(including himself, herself or itself)" after "any person".

62.    Sections 105 , 106 , 107 , 108 , 109 , 110 and 111 repealed

Sections 105 , 106 , 107 , 108 , 109 , 110 and 111 of the Principal Act are repealed.

63.    Part 5, Division 3 inserted

After section 112 of the Principal Act , the following Division is inserted in Part 5:

Division 3 - Exclusion from gaming

112A.   Interpretation of Division

In this Division –

affected person means the person against whom an order under section 112C is in force;

section 112C exclusion order means an order made under section 112C ;

section 112E exclusion order means an order made under section 112E ;

self-exclusion notice means a notice given under section 112B(1) ;

specified licence holder means the holder of any of the following licences:

(a) a casino licence;

(b) a licensed premises gaming licence;

(c) a Tasmanian gaming licence.

112B.   Self-exclusion from wagering

(1)  A person may give written notice to a specified licence holder or the Commission to the effect that the person is not to be permitted to wager with, or otherwise participate in any game conducted by, any specified licence holder or a class of specified licence holder.

(2)  On receipt of a self-exclusion notice under subsection (1) , a specified licence holder 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 specified licence holder in respect of whom the notice is to apply.

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

(5)  A specified licence holder who has been given a self-exclusion notice by a person, or who the Commission has provided with a copy of a self-exclusion notice, must not accept a wager from the person or allow the person to otherwise participate in any game conducted by the specified licence holder 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 specified licence holder by written notice given to the specified licence holder.

(7)  On receipt of a notice of revocation, the specified licence holder must give written notice of the revocation to the Commission.

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

112C.   Exclusion from wagering on application of interested person

(1)  A person who has a close personal interest in the welfare of another person who wagers with, or otherwise participates in games conducted by, any specified licence holder may apply to the Commission in a form approved by the Commission for an order prohibiting that other person from wagering with, or otherwise participating in games conducted by, any specified licence holder or class of specified licence holder.

(2)  On receipt of an application under subsection (1) , the Commission must provide the person in respect of whom the application is made with a written notice –

(a) informing the person of the making of the application and the reasons for it; and

(b) inviting the person to make representations to the Commission about the application within the reasonable time specified in the notice.

(3)  After considering representations made by the applicant and the person in respect of whom the application is made under subsection (1) , the Commission must –

(a) if it is satisfied that it is in the interests of that person and the public interest to do so, make an order prohibiting that person from wagering with, or otherwise participating in any game conducted by, any specified licence holder or class of specified licence holder; or

(b) if it is not so satisfied, refuse the application.

(4)  On refusing an application under subsection (3)(b) , the Commission must notify the applicant and the person in respect of whom the application was made in writing of that refusal and the reasons for it.

(5)  On making a section 112C exclusion order, the Commission must provide a copy of the order to –

(a) the affected person; and

(b) all specified licence holders that may also be affected by the order; and

(c) the applicant.

(6)  A section 112C exclusion order has effect until revoked under section 112D .

112D.   Revocation of section 112C exclusion order

(1)  In this section,

respondent, in relation to an application under subsection (2) made in respect of a section 112C exclusion order, means the affected person or the person who applied for the section 112C exclusion order, whoever did not make the application under subsection (2) .

(2)  An affected person or the person who applied for a section 112C exclusion order may apply in a form approved by the Commission for a revocation of the order.

(3)  On receipt of an application under subsection (2) , the Commission must provide the respondent with a written notice –

(a) informing the respondent of the making of the application under subsection (2) and the reasons for it; and

(b) inviting the respondent to make representations to the Commission about the application within the reasonable time specified in the notice.

(4)  After considering representations made by the applicant and the respondent, the Commission must –

(a) if it is satisfied that it is in the interests of the person in respect of whom the section 112C exclusion order is in effect and in the public interest to do so, make an order revoking the section 112C exclusion order; or

(b) if it is not so satisfied, refuse the application.

(5)  On refusing an application, the Commission must notify the applicant and respondent in writing of that refusal and the reasons for it.

(6)  On making an order revoking a section 112C exclusion order, the Commission must provide a copy of the revocation order to –

(a) the applicant; and

(b) the respondent; and

(c) all specified licence holders that have been provided with a copy of the section 112C exclusion order.

112E.   Exclusion order by specified licence holder

(1)  A specified licence holder or a person authorised by a specified licence holder may, by order given to a person orally or in writing, prohibit the person from entering or remaining on premises on which wagering with, or other participation in games conducted by, the specified licence holder occurs.

(2)  If a person is given an oral order and the person requires the order to be given in writing, the oral order is suspended while the order is put in writing (but only if the person remains available on the premises referred to in subsection (1) to be given the written order).

(3)  As soon as practicable after a section 112E exclusion order is given, the specified licence holder must –

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

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

Penalty:  Fine not exceeding 50 penalty units.

(4)  This section does not authorise the exclusion from premises referred to in subsection (1) of an authorized person or a police officer when that authorized person or police officer is acting in the course of his or her duty.

112F.   Appeal to Commission

(1)  A person receiving a written section 112E exclusion order may appeal against the order to the Commission within 28 days after receiving the order.

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

(3)  The Commission may make such inquiries in relation to the section 112E exclusion order and the appeal as the Commission thinks appropriate.

(4)  On consideration of the grounds of appeal specified by the appellant and the results of its inquiries, the Commission may –

(a) reject the appeal; or

(b) allow the appeal.

(5)  The decision of the Commission –

(a) is to be communicated in writing to the appellant and the specified licence holder; and

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

(6)  The allowance of the appeal by the Commission revokes the section 112E exclusion order.

(7)  The allowance of the appeal by the Commission does not prejudice the right of the specified licence holder, or person authorised by the specified licence holder, to give a further section 112E exclusion order in respect of the person to whom the original section 112E exclusion order was given if in giving that further order the specified licence holder, or person so authorised, is acting –

(a) in good faith; and

(b) for a reason considered by the specified licence holder, or person so authorised, to be a sufficient reason.

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

112G.   Commissioner of Police may order person to be excluded

(1)  The Commissioner of Police may direct a specified licence holder in writing to exclude a person from premises on which wagering with, or other participation in games conducted by, the specified licence holder occurs by giving the person or causing the person to be given a section 112E exclusion order.

(2)  A specified licence holder must comply with a direction given under subsection (1) .

Penalty:  Fine not exceeding 50 penalty units.

(3)  The Commissioner of Police may give such a direction in anticipation of the person entering the premises on which wagering with, or other participation in games conducted by, the specified licence holder occurs.

(4)  Where practicable, the Commissioner of Police must make available to the specified licence holder a photograph of the person who is the subject of the direction and must give the person notice of the direction.

112H.   Duration of section 112E exclusion orders

(1)  A section 112E exclusion order remains in force in respect of a person until it is revoked by the specified licence holder or a person authorised by the specified licence holder or an appeal under section 112F is allowed.

(2)  A section 112E exclusion order given at the direction of the Commissioner of Police cannot be revoked except with the written approval of the Commissioner of Police.

(3)  Where a section 112E exclusion order is revoked by a specified licence holder or by a person authorised by a specified licence holder, the specified licence holder or person so authorised must give notice of the revocation to the Commission as soon as practicable.

Penalty:  Fine not exceeding 20 penalty units.

112I.   List of excluded persons

(1)  A specified licence holder must maintain an up-to-date list of the names of persons who are prohibited from wagering with, or otherwise participating in games conducted by, the specified licence holder.

Penalty:  Fine not exceeding 50 penalty units.

(2)  Where practicable, the specified licence holder is to attach to the list photographs of the persons who are on the list.

(3)  Subsection (2) does not apply to a licensed provider in respect of a person on the list if the only way the person can wager with, or otherwise participate in a game conducted by, the licensed provider is by means of a telecommunications device situated on premises not under the control of the licensed provider.

(4)  The specified licence holder must –

(a) on the request of an inspector, allow the inspector to peruse the list, including the attached photographs; and

(b) on the request of the Commission or an inspector, provide to the Commission or an inspector, in the manner and time specified in the request, a copy of –

(i) the list; and

(ii) if included in the request, photographs attached to the list.

Penalty:  Fine not exceeding 50 penalty units.

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

(a) the specified licence holder; or

(b) an employee of the specified licence holder; or

(c) an authorized person.

Penalty:  Fine not exceeding 10 penalty units.

112J.   Excluded persons not to wager or enter gaming premises

A person who is prohibited, by reason of a section 112C exclusion order or a section 112E exclusion order, from wagering with, or otherwise participating in games conducted by, a specified licence holder must not –

(a) wager with, or otherwise participate in a game conducted by, that specified licence holder; or

(b) enter or remain on premises where wagering with, or other participation in games conducted by, that specified licence holder occurs.

Penalty:  Fine not exceeding 20 penalty units.

112K.   Removal of excluded persons from gaming premises

(1)  In this section –

excluded person means a person who is the subject of a self-exclusion notice, a section 112C exclusion order or a section 112E exclusion order that is in force;

person-in-charge means –

(a) the person for the time being apparently in charge of the prescribed premises; and

(b) an employee, agent or associate of a specified licence holder who is of a class approved in writing by the Commission and is on the prescribed premises at the relevant time;

prescribed premises means premises where wagering with, or other participation in games conducted by, a specified licence holder occurs and which are under the control of the specified licence holder.

(2)  If an employee of a specified licence holder or a person employed on prescribed premises knows that an excluded person is on the prescribed premises, the employee or person must notify a person-in-charge as soon as practicable.

Penalty:  Fine not exceeding 20 penalty units.

(3)  The person-in-charge notified under subsection (2) must remove the excluded person from the prescribed premises or cause the excluded person to be removed from the prescribed premises.

Penalty:  Fine not exceeding 20 penalty units.

(4)  It is lawful for a person-in-charge, or a police officer at the request of a person-in-charge, using no more force than is reasonably necessary –

(a) to prevent an excluded person from entering prescribed premises; and

(b) to remove an excluded person from prescribed premises or cause such a person to be removed from prescribed premises.

64.   Part 5, Divisions 4, 5 and 6 inserted

After section 112 of the Principal Act, the following Divisions are inserted in Part 5:

Division 4 - Sale of lottery tickets

112L.   Sale of tickets in major lottery restricted

A person must not sell in Tasmania a ticket in a major lottery, or an authorised game, conducted elsewhere than in Tasmania –

(a) except where the sale of the ticket is authorised or allowed under an agreement entered into under section 150B ; or

(b) except where, during the period ending on 30 June 2010 the sale of the ticket is authorised or allowed under an agreement within the meaning of Part 1 of Schedule 5 .

Penalty:  Fine not exceeding 300 penalty units.

Division 5 - Gaming control generally

112M.   Sale of lucky envelopes

(1)  A person must not sell or otherwise supply to another person a lucky envelope that is not marked with the words "Tas. Tax paid".

Penalty:  Fine not exceeding 50 penalty units.

(2)  Subsection (1) does not apply to the sale or supply of lucky envelopes to a lucky envelope supplier for the purpose of resale or resupply.

112N.   Investigation of prescribed licence holders

(1)  At any time, the Commission may investigate a prescribed licence holder.

(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 prescribed licence holder;

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

(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 prescribed licence holder, or any person whose association with the holder is in the opinion of the Commission relevant to whether the holder continues to be a suitable person to hold a prescribed 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 prescribed licence holder;

(b) to produce, in accordance with specified directions, any specified records that the Commission considers relevant to the investigation of the prescribed licence holder 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 prescribed licence holder and the holder'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 250 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 prescribed licence holder is no longer a suitable person to hold the relevant prescribed licence or gaming endorsement.

(11)  An investigation under this section may be combined with an investigation under section 112O .

112O.   Investigation into associate or other person

(1)  The Commission may investigate an associate of a prescribed licence holder.

(2)  Section 112N(3) , (4) , (5) , (6) , (7) , (8) and (9) applies to an investigation under this section as if the person being investigated were the prescribed licence holder.

(3)  The Commission may take a failure to comply with a requirement made under section 112N(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 prescribed licence holder or to have a business association with an associate of such a holder.

(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 prescribed licence holder or to have a business association with an associate of such a holder, the Commission by written notice may require the holder, within the period specified in the notice, to –

(a) terminate the association with the associate; or

(b) require the associate to break off its business association with the person considered unsuitable within 21 days after the associate receives the requirement.

(5)  If the associate does not break off its business association within the 21 day period as required by a prescribed licence holder under subsection (4)(b) , the holder must terminate the holder's association with the associate within a further period of 21 days.

(6)  If a prescribed licence holder is required to terminate an association with an associate under subsection (5) and does not do so within the period specified in that subsection, the Commission may –

(a) take action under section 112T ; or

(b) cancel the prescribed licence by notice provided to the holder.

(7)  The cancellation of a prescribed licence under subsection (6) takes effect on the day the prescribed licence holder receives the notice provided under that subsection or on a later day specified in that notice and the prescribed licence is of no effect if it has been cancelled.

(8)  The Commission may at any time withdraw or amend a notice it has given under subsection (6) .

(9)  An investigation under this section may be combined with an investigation under section 112N .

112P.   Commission may give directions

(1)  The Commission may give to a gaming operator, venue operator, minor gaming operator or lucky envelope supplier a written direction that relates to the conduct of gaming or authorised games, the keeping or inspection of financial records or the administration of the approved venue, premises used for the conduct of games or premises used in respect of the printing and supply of lucky envelopes.

(2)  It is a condition of a gaming operator's or a venue operator's licence, a minor gaming permit or the listing on the Roll of a lucky envelope supplier that the gaming operator, venue operator, minor gaming operator or supplier comply with a direction given under subsection (1) as soon as it takes effect.

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

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

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

112Q.   Approval to possess unapproved gaming equipment

(1)  On the application of a person, the Commission may issue a permit authorising the person to possess or have control of gaming equipment or gaming equipment of a type that is required by this Act to be approved by the Commission but has not been approved, or is not of a type that has been so approved.

(2)  An application is to –

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

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

(c) be accompanied by any appropriate fee determined by the Commission by notice provided to the applicant.

(3)  A permit –

(a) is subject to the conditions determined by the Commission and specified in it; and

(b) has effect for the period specified in it.

(4)  The Commission may at any time revoke or amend a permit.

(5)  If a person possesses or has control of gaming equipment in accordance with a permit, that possession or control of the gaming equipment does not constitute an offence under this Act.

112R.   Restriction on advertising and promotion of gaming

(1)  A person must not advertise gaming or wagering on games, or in any other way directly or indirectly promote to the public gaming or wagering on games, except where that person is the holder of a licence or permit under this Act that relates to the conduct of that gaming or those games.

Penalty:  Fine not exceeding 1 000 penalty units.

(2)  Subsection (1) does not apply in respect of gaming or wagering on games conducted under a Tasmanian gaming licence.

Division 6 - Disciplinary action

112S.   Grounds for disciplinary action

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

(a) the prescribed licence holder is no longer suitable or qualified to hold a prescribed licence or gaming endorsement;

(b) an associate of the prescribed licence holder is no longer suitable to be an associate of a prescribed licence holder;

(c) the prescribed licence holder has contravened a provision of this Act or a gaming Act;

(d) the prescribed licence holder has contravened a condition to which the prescribed licence is subject;

(e) the prescribed licence holder 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;

(f) the prescribed licence holder has failed to discharge financial obligations to the State or to a person who has wagered with the holder under the prescribed licence;

(g) the prescribed licence holder 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;

(h) the prescribed licence holder is affected by control action under the Corporations Act;

(i) the prescribed licence or gaming endorsement, or a permit under this Act, 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 prescribed licence or gaming endorsement is suitable or qualified to hold such a licence or endorsement.

(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 prescribed licence is suitable to be such an associate.

(4)  For the purposes of subsection (1)(h) , a prescribed licence holder is affected by control action under the Corporations Act if the licence holder –

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

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

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

112T.   Disciplinary action

(1)  In this section,

disciplinary action means any one or more of the following:

(a) the cancellation of a prescribed licence;

(b) the suspension of a prescribed licence;

(c) the cancellation of a gaming endorsement;

(d) the suspension of a gaming endorsement;

(e) the amendment of the conditions to which a prescribed licence or a permit under this Act is subject, including the imposition of conditions where there were previously no conditions;

(f) the imposition of a fine not exceeding –

(i) 10 000 penalty units in the case of a prescribed licence that is a casino licence, gaming operator's licence or Tasmanian gaming licence; or

(ii) 500 penalty units in the case of a prescribed licence that is a listing on the Roll; or

(iii) 50 penalty units in the case of a prescribed licence that is a licensed premises gaming licence, a minor gaming permit, a special employee's licence or a technician's licence; or

(iv) the prescribed number of penalty units in the case of any other prescribed licence;

(g) the issuing of a letter of censure.

(2)  If the Commission considers it appropriate, it may inquire into whether there are grounds for disciplinary action against a prescribed licence holder.

(3)  The Commission may notify a prescribed licence holder by written notice –

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

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

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

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

(6)  A letter of censure may include a direction to the prescribed licence holder 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.

(7)  If a prescribed licence holder 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 holder the opportunity to make submissions as to why disciplinary action should not be taken, take further disciplinary action without giving the holder a further opportunity to make submissions; or

(b) if the letter of censure was issued without first giving the holder the opportunity to make submissions as to why disciplinary action should not be taken, take disciplinary action in accordance with subsections (3) and (4) .

(8)  The Commission must notify a prescribed licence holder by written notice of its determination under subsection (4) .

(9)  The cancellation or suspension of a prescribed licence or a gaming endorsement, or the amendment of the conditions to which a prescribed licence under this Act is subject, takes effect on the day the prescribed licence holder receives the notice given under subsection (8) or on a later day specified in that notice.

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

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

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

112U.   Suspension of prescribed licence without opportunity to be heard

(1)  The Commission may suspend a prescribed licence by notice in writing given to the prescribed licence holder if it is satisfied that the holder or an associate of the holder has been charged with –

(a) an offence against this Act; or

(b) an offence involving fraud or dishonesty, whether that offence or conviction occurred in Tasmania or elsewhere.

(2)  A prescribed licence is of no effect during a period of suspension.

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

65.    Section 116 substituted

Section 116 of the Principal Act is repealed and the following section is substituted:

116.   Minors not to participate in gaming

(1)  A minor must not wager on, or otherwise participate in, any gaming, game or gaming activity.

Penalty:  Fine not exceeding 20 penalty units.

(2)  If a minor wagers on, or otherwise participates in, any gaming, game or gaming activity –

(a) he or she is not entitled to any winnings he or she may have made on that wager or by that participation; and

(b) those winnings are forfeited to the Crown.

66.    Section 117 amended (Offences by venue operator and special employees in respect of minors)

Section 117(3) of the Principal Act is amended by omitting "play a gaming machine or place a wager on a game of keno" and substituting "wager on, or otherwise participate in, any gaming or game".

67.    Section 118 substituted

Section 118 of the Principal Act is repealed and the following sections are substituted:

118.   Prohibition on accepting wager of minor

(1)  A prescribed licence holder must not accept from a minor a wager on, or otherwise allow the participation of a minor in, any gaming, game or gaming activity.

Penalty:  Fine not exceeding 50 penalty units.

(2)  It is a defence to a prosecution for an offence under subsection (1) if it is shown that –

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

(b) before the minor wagered or participated in the gaming, game or gaming activity there was produced to the prescribed licence holder or to an agent or employee of the prescribed licence holder acceptable proof of age for the minor.

118A.   Prohibition on facilitating gaming by minor

(1)  A person must not –

(a) place a wager on, or otherwise participate in, any gaming, game or gaming activity on behalf of a minor; or

(b) otherwise facilitate the wagering on, or other participation in, any gaming, game or gaming activity by a minor.

Penalty:  Fine not exceeding 20 penalty units.

(2)  It is a defence to a prosecution for an offence under subsection (1) if it is shown that –

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

(b) there was produced to the person acceptable proof of age for the minor before the person –

(i) placed the wager on, or otherwise participated in, the gaming, game or gaming activity on behalf of the minor; or

(ii) otherwise facilitated the wagering on, or other participation in, the gaming, game or gaming activity by a minor.

68.    Section 119 amended (Proof of age may be required)

Section 119(1) of the Principal Act is amended as follows:

(a) by omitting "venue," and substituting "venue or other premises in which any gaming, game or gaming activity is conducted,";

(b) by inserting "or such other premises" after "in an approved venue";

(c) by inserting in paragraph (a) "or such other premises" after "venue".

69.    Section 122 amended (Apprentices permitted entry to restricted gaming areas)

Section 122 of the Principal Act is amended as follows:

(a) by omitting "this Part" and substituting " section 115 or section 117(1) or (2) ";

(b) by omitting "(within the meaning of the Industrial and Commercial Training Act 1985 )".

70.    Section 130 substituted

Section 130 of the Principal Act is repealed and the following section is substituted:

130.   Entry onto premises

(1)  In this section,

prescribed premises means any of the following premises:

(a) the premises of a venue operator;

(b) the premises of a gaming operator;

(c) the premises of a person listed on the Roll;

(d) the premises of a licensed provider;

(e) the premises of a holder of a minor gaming permit;

(f) the premises of a lucky envelope supplier;

(g) if an inspector or a police officer believes, on reasonable grounds, that any premises are being used for gaming or the conduct of any game or for the storage of any records relating to gaming or the conduct of any game, those premises.

(2)  An inspector or a police officer may at any time enter and remain on prescribed premises for the purposes of doing any one or more of the following:

(a) observing the conduct of gaming, wagering or business on those premises;

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

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

(d) ascertaining whether the licence or permit is being complied with;

(e) exercising his or her functions under this Act.

(3)  An inspector must not remain on any premises if he or she does not produce an identification card when requested to do so by a person apparently in charge of the premises.

71.    Section 131 amended (Functions of inspectors)

Section 131 of the Principal Act is amended as follows:

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

(b) by omitting from subsection (1)(a) "and to inspect the gaming equipment used and records kept in such premises,";

(c) by omitting from subsection (1)(a) "licence," and substituting "licence or permit,";

(d) by omitting paragraph (c) from subsection (1) and substituting the following paragraphs:

(c) to receive and investigate complaints, in accordance with section 132 , from patrons relating to the conduct of –

(i) gaming at approved venues or non-licensed premises; or

(ii) authorised games;

(ca) to inspect gaming equipment used, and any records relating to gaming kept, for the purpose of ascertaining whether or not this Act, the conditions of a licence or permit or any directions or rules issued by the Commission are being contravened;

(e) by omitting from subsection (1)(d) "or the Racing and Gaming Act 1952 ";

(f) by inserting in subsection (2) "or a minor gaming operator" after "provider".

72.    Section 132 amended (Investigation of complaints)

Section 132 of the Principal Act is amended as follows:

(a) by omitting subsections (1) and (2) and substituting the following subsections:

(1)  An inspector must investigate, as soon as possible, a complaint from a patron relating to –

(a) the conduct of gaming at an approved venue or non-licensed premises; or

(b) the conduct of a game at any other premises, other than a game conducted by a licensed provider; or

(c) a lucky envelope.

(2)  In the investigation, unless the Commission otherwise directs, the inspector must –

(a) inform the following persons, if relevant, of the substance of the complaint:

(i) the venue operator;

(ii) the gaming operator;

(iii) the person apparently in charge of the non-licensed or other premises at which the gaming or game is conducted;

(iv) any holder of a licence or permit granted under this Act under which the gaming or game is conducted or the premises are used for the purposes of the conduct of gaming or a game;

(v) the lucky envelope supplier; and

(b) give each of the persons so informed a reasonable opportunity to make a response to the complaint.

(b) by inserting in subsection (3)(a) "or permit" after "licence";

(c) by inserting the following paragraphs after paragraph (b) in subsection (3) :

(ba) a condition relating to the conduct and playing of an authorised game; or

(bb) the rules of the game in respect of an authorised game; or

73.    Section 133 amended (Powers of inspectors)

Section 133 of the Principal Act is amended as follows:

(a) by omitting from subsection (1)(b) "equipment" and substituting "equipment, other equipment used in relation to the conduct of gaming or a game under a licence or permit granted under this Act";

(b) by omitting from subsection (1)(c) "equipment," and substituting "equipment, other equipment used in the conduct of a business under a licence or permit granted under this Act,";

(c) by omitting subparagraphs (iv) and (v) from subsection (1)(d) and substituting the following subparagraphs:

(iv) a licensed provider; or

(v) a minor gaming operator; or

(vi) any other person who the inspector, on reasonable grounds, believes conducts gaming or a game; or

(vii) an employee of a person referred to in this paragraph –

(d) by omitting from subsection (1)(d) "under this Act." and substituting "or permit under this Act;";

(e) by inserting in subsection (2) "other equipment," after "equipment,";

(f) by omitting subsection (7) and substituting the following subsection:

(7)  In this section,

records means records relating to –

(a) any business or activity authorised by a licence or permit under this Act; or

(b) the unlawful conduct of gaming or a game.

74.    Section 134 amended (Search warrants)

Section 134 of the Principal Act is amended as follows:

(a) by inserting in subsection (1) "other equipment used in relation to the conduct of gaming or a game," after "equipment,";

(b) by omitting from subsection (1)(a) "or the Racing and Gaming Act 1952 ";

(c) by omitting from subsection (1)(b) "or the Racing and Gaming Act 1952 ";

(d) by inserting in subsection (2) "other equipment," after "equipment,".

75.    Section 135 amended (Offences relating to inspectors)

Section 135 of the Principal Act is amended as follows:

(a) by inserting in subsection (1)(b) "other equipment used in relation to the conduct of gaming or a game under a licence or permit granted under this Act," after "equipment,";

(b) by inserting in subsection (1)(d) "other equipment," after "equipment,";

(c) by inserting in subsection (1)(f) "other equipment," after "equipment,";

(d) by omitting subsection (2) and substituting the following subsection:

(2)  If an inspector or a police officer requires a person on prescribed premises to state his or her full name and residential address the person must not –

(a) fail to comply with the requirement; or

(b) in purported compliance with the requirement, state a name or address that is false.

Penalty:  Fine not exceeding 20 penalty units.

(e) by omitting from subsection (3) "at an approved venue, or on premises, referred to in subsection (2) " and substituting "on prescribed premises";

(f) by omitting subsection (4) and substituting the following subsection:

(4)  In this section –

prescribed premises means –

(a) an approved venue; and

(b) the premises of a gaming operator, a manufacturer or supplier listed on the Roll, a licensed provider or a minor gaming operator; and

(c) any other premises on which the inspector concerned has reason to believe gaming or a game is conducted or records are kept;

records has the same meaning as in section 133 .

76.    Section 138 amended (Content of approved system)

Section 138(1) of the Principal Act is amended by inserting "for use by a casino operator" after " section 137 ".

77.    Section 138A inserted

After section 138 of the Principal Act , the following section is inserted in Division 1:

138A.   Controls and procedures to be implemented by gaming operator

(1)  A gaming operator must not conduct gaming operations unless the Commission has approved in writing a system of internal controls and administrative and accounting procedures for the conduct of those gaming operations.

(2)  Any approval referred to in subsection (1) may be amended as the Commission thinks fit.

(3)  An approval or amendment of an approval under this section takes effect when notice of it is given in writing to the gaming operator concerned or on a later day specified in the notice.

(4)  The gaming operator must ensure that the system approved for the time being under this section is implemented.

Penalty:  Fine not exceeding 50 penalty units.

78.    Section 140 amended (Accounting records)

Section 140 of the Principal Act is amended as follows:

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

(b) by omitting from subsection (3) "operator and licensed provider" and substituting "operator, licensed provider and prescribed minor gaming operator";

(c) by omitting from subsection (3)(a) "trading" and substituting "business";

(d) by inserting the following subsection after subsection (4) :

(5)  In this section,

prescribed minor gaming operator means a minor gaming operator who is liable to pay tax under this Act.

79.    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 licensed provider" and substituting "operator, licensed provider and minor gaming operator";

(b) by inserting in subsection (1) "a game," after "conduct of";

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

80.    Section 143 amended (Submission of reports)

Section 143 of the Principal Act is amended as follows:

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

(b) by omitting from subsection (2) "operator or licensed provider" and substituting "operator, licensed provider, minor gaming operator or lucky envelope supplier".

81.    Section 143A inserted

After section 143 of the Principal Act , the following section is inserted in Division 1:

143A.   Monthly returns by lucky envelope suppliers

(1)  In this section –

lodgment time means the period of 10 days following the end of the return period or a longer period specified under subsection (4) in relation to the lucky envelope supplier;

return period means a calendar month or another period specified under subsection (5) in relation to the lucky envelope supplier.

(2)  Within the lodgment time, a lucky envelope supplier must lodge with the Commission a return setting out the particulars required by the Commission in respect of the lucky envelopes endorsed with the words "Tas. Tax Paid" that the supplier has during that return period –

(a) printed or otherwise manufactured; or

(b) purchased; or

(c) sold.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A return is to be in a form approved by the Commission and verified in a manner approved by the Commission.

(4)  If the Commission is of the opinion that it would be unduly onerous to require a lucky envelope supplier to lodge returns within 10 days after the end of the return period, the Commission may determine a longer lodgment time in relation to the supplier.

(5)  If the Commission considers it appropriate to do so, the Commission may determine a return period that is not a month in relation to a lucky envelope supplier.

(6)  The Commission may at any time amend or revoke a determination made under subsection (4) or (5) .

(7)  A determination, amendment or revocation by the Commission under subsection (4) , (5) or (6) is to be made by notice in writing provided to the lucky envelope supplier.

82.    Section 145 amended (Other returns by gaming operators)

Section 145(1)(a) of the Principal Act is amended by omitting "relevant contract approved by the Commission under section 77 " and substituting "standard form contract within the meaning of section 77 or other relevant contract approved by the Commission under that section".

83.    Section 148A amended (Annual Tasmanian gaming licence fee)

Section 148A(1)(a) of the Principal Act is amended by omitting "receiving notice of the grant of the Tasmanian gaming licence" and substituting "the Tasmanian gaming licence takes effect".

84.    Section 148B inserted

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

148B.   Minor gaming permit fee

A minor gaming operator must pay to the Commission a permit fee determined by the Commission as directed by the Commission.

85.    Section 150 amended (Taxation in respect of licensed operator)

Section 150 of the Principal Act is amended as follows:

(a) by omitting from subsection (1) "Subject to section 150AA , a" and substituting "A";

(b) by omitting from subsection (2) "15%" and substituting "5.88%";

(c) by omitting subsection (3) and substituting the following subsection:

(3)  The tax payable in relation to a month and in respect of gross profits derived from gaming machine games is –

(a) if the cumulative gross profits of the licensed operator are or do not exceed $30 000 000, 15.88% of the monthly gross profits; or

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

(i) 15.88% 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) 20.88% 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 operator exceed $35 000 000, the total of –

(i) 15.88% 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) 20.88% 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) 25.88% 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.

(d) by omitting subsections (6) and (7) and substituting the following subsection:

(6)  In this section –

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

monthly gross profit means gross profits derived by a licensed operator 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.

86.    Section 150AA repealed

Section 150AA of the Principal Act is repealed.

87.    Sections 150AC , 150AD and 150AE inserted

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

150AC.   Taxation in respect of minor gaming permit

A minor gaming operator is liable to pay to the Commission in respect of the turnover obtained during the term of the minor gaming permit from the conduct of authorised games, other than lucky envelopes, a tax determined in accordance with the following table:

Turnover rounded to the nearest dollar	Tax
1. $20 000 or less	Nil
2. $20 001 – $50 000	0.15% of the excess over $20 000
3. $50 001 – $100 000	$45 plus 0.20% of the excess over $50 000
4. $100 001 – $500 000	$145 plus 0.25% of the excess over $100 000
5. More than $500 000	$1 145 plus 0.30% of the excess over $500 000

150AD.   Set-off for goods and services tax in respect of authorised game

(1)  A minor gaming operator may apply to the Commission for a refund of any tax paid under section 150AC in respect of an authorised game other than lucky envelopes in an amount equal to the amount of goods and services tax paid in respect of the conduct of authorised games under the minor gaming permit.

(2)  On receipt of an application under subsection (1) , the Commission must notify the Commissioner for State Revenue of the application and whether or not it is satisfied that the minor gaming operator has paid the goods and services tax specified in the application.

(3)  If the Commission has notified the Commissioner for State Revenue that it is satisfied that the minor gaming operator has paid the goods and services tax specified in the application, the Commissioner may pay a refund to the operator.

(4)  The amount of a refund paid under subsection (3) must not exceed the total of any tax paid under section 150AC by the minor gaming operator in respect of the minor gaming permit.

(5)  This section is taken to be a taxation law for the purposes of the Taxation Administration Act 1997 and that Act applies in relation to this section.

150AE.   Taxation in respect of lucky envelopes

(1)  In this section,

return period has the same meaning as in section 143A .

(2)  When a lucky envelope supplier lodges a return, the supplier must pay to the Treasurer a tax at the rate of 4% of the face value of all lucky envelopes endorsed with the words "Tas. Tax paid" that the supplier sold during the return period to persons who are not also lucky envelope suppliers.

Penalty:  Fine not exceeding 50 penalty units.

88.    Section 150B amended (Revenue sharing)

Section 150B(1) of the Principal Act is amended as follows:

(a) by omitting from paragraph (a) "in relation to a Tasmanian gaming licence";

(b) by omitting from paragraph (b) "a gaming activity of a licensed provider" and substituting "gaming, a game or a gaming activity".

89.    Section 171 amended (Proceedings)

Section 171 of the Principal Act is amended by inserting after subsection (2) the following subsection:

(3)  Despite the Justices Act 1959 , proceedings in respect of an offence against this Act (other than an offence that is a crime) may be commenced at any time within 2 years after the cause of complaint arises.

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

Section 172 of the Principal Act is amended as follows:

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

(b) by inserting in subsection (1) "provider," after "the operator,";

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

(d) by omitting subsection (4) and substituting the following subsection:

(4)  It is a condition of a casino licence, licensed premises gaming licence, gaming operator's licence, Tasmanian gaming licence, minor gaming permit or listing on the Roll that the holder of the licence or permit or the manufacturer or supplier listed on the Roll must comply with a direction under subsection (1) .

91.    Section 173 amended (Appeals)

Section 173(1) of the Principal Act is amended as follows:

(a) by omitting from paragraph (a) "licence" and substituting "prescribed licence";

(b) by omitting from paragraph (b) "licence" and substituting "prescribed licence";

(c) by omitting from paragraph (c) "Roll, to remove the listing of the name of a person from the Roll or to suspend the listing of the name of a person on the".

92.    Section 174 amended (Regulations)

Section 174 of the Principal Act is amended as follows:

(a) by inserting in subsection (5) "or any Act that amends this Act" after "Act";

(b) by inserting in subsection (6) "or the Act amending this Act, as the case requires," after "Act".

93.    Section 178 amended (Transitional and savings provisions)

Section 178(4) of the Principal Act is amended by omitting " section 93 " and substituting " section 112P ".

94.    Schedule 5 amended (Further transitional and savings provisions)

Schedule 5 to the Principal Act is amended as follows:

(a) by inserting the following heading after the heading to Schedule 5 :

Transitional and Savings Provisions Consequent on Gaming Control Amendment Act 1999

(b) by omitting from clause 1 "Schedule" and substituting "Part";

(c) by omitting the definition of agreement from clause 1 and substituting the following definition:

agreement means the agreement entered into –

(a) on behalf of the States of Tasmania and Victoria under section 85A of the Racing and Gaming Act as in force immediately before the commencement of the Racing and Gaming Amendment Act 1999 ; and

(b) in respect of the right of Tattersall's Sweeps Pty Ltd to sell lottery tickets in Tasmania;

(d) by inserting the following definition after the definition of Supervising Agency in clause 1 of Part 1 :

supplemental deed means a deed made between the Crown in right of the State of Tasmania and Australian National Hotels Pty Ltd that is supplemental to the relevant Deed;

(e) by omitting clause 2 and substituting the following clause:

2.   Casino Internet Operations by Australian National Hotels under Tasmanian gaming licence

(1) Australian National Hotels Pty Ltd, in respect of its Casino Internet Operations specified in the relevant Deed, is taken to hold a Tasmanian gaming licence endorsed with a simulated gaming endorsement for the period commencing on 1 July 2001 and ending on 31 December 2008.

(2) Despite section 148A , Australian National Hotels Pty Ltd is not liable to pay any licence fee in respect of the Tasmanian gaming licence endorsed with a simulated gaming endorsement that it is taken to hold by reason of subclause (1) .

(3) Except as provided by subclause (2) , this Act applies in respect of the Tasmanian gaming licence endorsed with a simulated gaming endorsement that Australian National Hotels Pty Ltd is taken to hold.

(4) If, in respect of any matter concerning the conduct by Australian National Hotels Pty Ltd of its Casino Internet Operations, there is an inconsistency between this Act and the relevant Deed or any supplemental deed, the provisions of this Act prevail.

(5) The period for which Australian National Hotels Pty Ltd is taken under subclause (1) to hold a Tasmanian gaming licence endorsed with a simulated gaming endorsement is subject to the right of the Commission to cancel the licence or endorsement under section 112T .

(f) by omitting from clause 3(5) " Clause 6 " and substituting " Clause 5 ";

(g) by omitting from clause 3(7) " section 76ZG " and substituting " Division 6 of Part 5 of this Act";

(h) by omitting clause 4 and substituting the following clause:

4.   Major lotteries

(1) The agreement continues to have effect until it is completed or sooner terminated in accordance with its terms.

(2) Before 1 February 2002 –

(a) the Commission must not endorse any 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 Tattersall's Sweeps Pty Ltd consents in writing; and

(b) the Treasurer must not enter into an agreement under section 150B so as to authorise the sale of tickets in a major lottery, or authorised game, conducted elsewhere than in Tasmania unless Tattersall's Sweeps Pty Ltd consents in writing.

(i) by inserting the following Part after clause 6 :

PART 2 - Transitional and Savings Provisions Consequent on Gaming Control Amendment (Minor Gaming and Miscellaneous Amendments) Act 2001

7.   Interpretation

In this Part,

prescribed day means the day on which the Gaming Control Amendment (Minor Gaming and Miscellaneous Amendments) Act 2001 commences.

8.   Approvals, &c., under Part VI of the Racing and Gaming Act 1952

(1) If, immediately before the prescribed day, a person held an approval, authorisation or permit under Part VI of the Racing and Gaming Act 1952 as in force immediately before that day in respect of a game that is an authorised game, that person is taken to hold a minor gaming permit subject to the same conditions as that approval, authorisation or permit was subject.

(2) A minor gaming permit that a person is taken to hold under subclause (1) ceases to have effect –

(a) if the approval, authorisation or permit it replaces would, but for the Racing and Gaming Amendment (Gaming Provisions Removal) Act 2001 , have effect until a day or for a period specified in the approval, authorisation or permit, on that day or the expiration of that period; or

(b) if the approval, authorisation or permit it replaces would, but for the Racing and Gaming Amendment (Gaming Provisions Removal) Act 2001 , have effect until the completion of an event specified in the approval, authorisation or permit, on that completion; or

(c) if the approval, authorisation or permit it replaces does not so provide for when or how it ceases to have effect, on 1 January 2002.

9.   Lucky envelopes

(1) If, immediately before the prescribed day, a person held a licence under section 17A of the Stamp Duties Act 1931 , as in force immediately before that day, the Commission must on that day list that person on the Roll.

(2) A listing on the Roll made under subclause (1) expires 2 years after it is made unless the person so listed applies for, and is granted, within that period a listing on the Roll under Division 5 of Part 4 .

(3) If a listing on the Roll expires because of the operation of this clause, the Commission must remove that listing from the Roll.

95.   Substitutions

Each of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "licensee" on the number of occurrences specified in Column 2 of that Schedule and substituting "special employee".

SCHEDULE 1 - Substitutions

Section 95

[Second reading presentation speech made in:

House of Assembly on 14 JUNE 2001

Legislative Council on 21 JUNE 2001]