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
[Royal Assent 29 June 2001]
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:
This Act may be cited as the Gaming Control Amendment (Minor Gaming and Miscellaneous Amendments) Act 2001 .
(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.
In this Act, the Gaming Control Act 1993 is referred to as the Principal Act.
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
51. Section 76ZL repealed
Section 76ZL of the Principal Act is repealed.
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
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 gaming112A. 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.(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.
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendment effected by this section has been incorporated into the authorised version of the Gaming Control Act 1993 .
The amendments effected by this section have been incorporated into the authorised version of the Gaming Control Act 1993 .
See Schedule 1 .
SCHEDULE 1 - SubstitutionsThe amendments effected by Section 95 and this Schedule have been incorporated into the authorised version of the Gaming Control Act 1993 .