(1) Gambling is prohibited and illegal unless it is—

• (a) authorised by or under this Act and complies with this Act and any relevant licence, game rules, and minimum standards; or

• (b) authorised by or under the Racing Act 2003 and complies with that Act and any regulations made under it; or

• (c) private gambling.

(2) The following types of gambling are prohibited and illegal and are not authorised by and may not be authorised under this Act:

• (a) bookmaking:

• (b) remote interactive gambling.

(1) No new casino venue licences may be granted under this Act.

(2) However, an existing casino venue licence may be renewed.

A person must not increase the opportunities for casino gambling.

(1) Decisions on what constitutes an increase in the opportunities for casino gambling are a function and responsibility of the Casino Control Authority, until section 297 of this Act comes into force, and of the Gambling Commission after that.

(2) An increase in the opportunities for casino gambling includes but is not limited to—

• (a) an increase in the number of gaming machines unless the increase is accompanied by a reduction in the number of table games that the Casino Control Authority, or the Gambling Commission, believes is proportionate:

• (b) an increase in the number of table games unless the increase is accompanied by a reduction in the number of gaming machines that the Casino Control Authority, or the Gambling Commission, believes is proportionate:

• (c) an increase in total player space at table games unless the increase is accompanied by a reduction in other opportunities for casino gambling that the Casino Control Authority, or the Gambling Commission, believes is proportionate.

(3) Opportunities for casino gambling are not increased—

• (a) by increases, in the Auckland casino, that comply with the Order for the Variation of Conditions of Casino Premises Licence dated 6 December 2002:

• (b) by gambling conducted by the New Zealand Racing Board referred to in section 120.

No compensation is payable by the Crown to any person for any loss or damage arising from the enactment or operation of sections 10 to 12.

(1) Every contract for, or relating to, illegal gambling is an illegal contract for the purposes of the Illegal Contracts Act 1970, and that Act applies accordingly.

(2) Gambling contracts authorised by or under this Act are enforceable at law.

(1) A person conducting gambling must not offer or provide credit if the person knows or ought to know that the credit is intended to be used for gambling.

(2) Every person who commits an offence against subsection (1) is liable on summary conviction to a fine not exceeding $10,000.

(3) Subsection (1) does not apply to credit offered or provided by the holder of a casino operator’s licence to a person in circumstances that have been approved by—

• (a) the Authority under section 66 of the Casino Control Act 1990; or

• (b) the Gambling Commission under subsection (4).

(4) The Gambling Commission may approve circumstances in which an offer or provision of credit may be made by the holder of a casino operator’s licence to a person.

(1) A person must not publish or arrange to publish, in New Zealand, an overseas gambling advertisement.

(2) Subsection (1) does not apply to publishing or arranging to publish—

• (a) a health message concerning gambling; or

• (b) an advertisement for services to prevent, minimise, or treat harm; or

• (c) a message about preventing, minimising, or treating harm; or

• (d) an advertisement for gambling equipment intended for distribution only to buyers of gambling equipment; or

• (e) an overseas gambling advertisement in which the publicising or promotion of gambling or a gambling operator is incidental to the purpose of the advertisement.

(3) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding $10,000.

(4) The Governor-General may, by Order in Council, restrict the application of this section, if satisfied that an order is necessary to enable New Zealand to comply with its international obligations relating to trade in services that are or will become binding on New Zealand.

(1) The Governor-General may, by Order in Council, make regulations that specify property or a class of property that must not be—

• (a) offered as a reward for gambling; or

• (b) used to reward a winner of gambling.

(2) Gambling that offers or uses property or a class of property as a reward in breach of regulations made under subsection (1) is illegal gambling.

(3) This section overrides anything in this Act to the contrary.

(4) A notice given under section 70 of the Gaming and Lotteries Act 1977 continues in force (despite the repeal of that Act) until a regulation made under subsection (1) replaces it.

A sales promotion scheme is authorised by this Act.

(1) A person who does any of the following things commits an offence:

• (a) participates in illegal gambling:

• (b) is, without reasonable excuse, at a place where illegal gambling is occurring:

• (c) conducts illegal gambling:

• (d) offers or provides credit if the person knows or ought to know that the credit may be used to commit an offence under paragraph (a) or paragraph (c):

• (e) accepts credit from a person with the intention that it be used to commit an offence under paragraph (a) or paragraph (c):

• (f) makes a direct or indirect pecuniary gain from illegal gambling other than as a direct participant:

• (g) promotes illegal gambling or assists in doing so:

• (h) causes or permits a place to be used for illegal gambling:

• (i) advertises illegal gambling—

  • (i) to inform the public of places where illegal gambling takes place or will take place; or

  • (ii) to invite the public to participate in illegal gambling or to seek information about opportunities to do so; or

  • (iii) to invite the public to commit money for illegal gambling or to seek information about opportunities to commit money for illegal gambling:

• (j) provides or installs gambling equipment if the person knows or ought to know that it is intended to be used for illegal gambling.

(2) Every person who commits an offence against subsection (1)(a) or (b) is liable on summary conviction to a fine not exceeding $1,000.

(3) Every person who commits an offence against subsection (1)(c) to (j) is liable on summary conviction,—

• (a) in the case of an individual, to imprisonment for a term not exceeding 1 year or to a fine not exceeding $20,000:

• (b) in the case of a body corporate, to a fine not exceeding $50,000.

(1) This Act divides gambling into the following 6 legal classes:

• (a) class 1 gambling (no licence required):

• (b) class 2 gambling (no licence required):

• (c) class 3 gambling (class 3 operator’s licence required):

• (d) class 4 gambling (class 4 operator’s and venue licences required):

• (e) casino gambling (casino operator’s and venue licences required):

• (f) gambling conducted by the Lotteries Commission.

(2) Additionally, this Act—

• (a) authorises private gambling; and

• (b) authorises sales promotion schemes; and

• (c) recognises gambling authorised by or under the Racing Act 2003.

(1) The Secretary may declare, by notice in the Gazette, that gambling that is ordinarily within a class is gambling of another class if—

• (a) the gambling does not satisfy the game rules that apply to the class into which the gambling would ordinarily fall; and

• (b) the Secretary considers that the level of risk associated with the gambling justifies the declaration.

(2) A notice under subsection (1)—

• (a) is a regulation for the purposes of the Regulations (Disallowance) Act 1989; but

• (b) is not a regulation for the purposes of the Acts and Regulations Publication Act 1989.

In this Act, class 1 gambling is gambling that satisfies the following criteria:

• (a) either—

  • (i) the turnover of the gambling plus interest or other investment return on those proceeds less any actual, reasonable, and necessary costs incurred in conducting the gambling is applied to reward the winners of the gambling if the gambling is conducted by a person other than a society; or

  • (ii) the net proceeds from the gambling are applied or distributed to authorised purposes if the gambling is conducted by a society; and

• (b) the total value of prizes offered or awarded to the winners of the gambling activity, or to the winners in 1 session (if the gambling is conducted in sessions of more than 1 game), does not exceed $500; and

• (c) the potential turnover involved in the gambling activity, or in 1 session of gambling (if the gambling is conducted in sessions of more than 1 game), does not exceed $500; and

• (d) if the gambling is conducted in sessions of more than 1 game, a society conducts no more than 1 session per day; and

• (e) the gambling satisfies relevant regulations and game rules; and

• (f) the gambling does not utilise or involve a gaming machine, directly or indirectly; and

• (g) no commission is offered or paid to, or received by, a person for conducting the gambling; and

• (h) no remuneration is offered or paid to, or received by, a person for conducting the gambling, except a caller of housie or an authorised representative of a society if the gambling is conducted by a society; and

• (i) the Secretary has not categorised the gambling as another class of gambling.

Class 1 gambling may be conducted by a person without a licence under this Act.

(1) In this Act, class 2 gambling is gambling that satisfies the following criteria and the requirements specified in section 25:

• (a) the net proceeds from the gambling are applied or distributed to authorised purposes; and

• (b) the total value of prizes offered or awarded to the winners of the gambling activity, or to the winners in 1 session (if the gambling is conducted in sessions of more than 1 game), does not exceed $5,000; and

• (c) the potential turnover involved in the gambling activity, or in 1 session of gambling (if the gambling is conducted in sessions of more than 1 game), does not exceed $25,000; and

• (d) if the gambling is conducted in sessions of more than 1 game, a society conducts no more than 1 session per week; and

• (e) the gambling satisfies relevant regulations and game rules; and

• (f) the gambling does not utilise or involve a gaming machine, directly or indirectly; and

• (g) no commission is offered or paid to, or received by, a person for conducting the gambling; and

• (h) no remuneration is offered or paid to, or received by, a person for conducting the gambling, except a caller of housie or an authorised representative of a society; and

• (i) the Secretary has not categorised the gambling as another class of gambling.

(2) To avoid doubt, class 2 gambling is gambling that is not class 1 gambling.

The requirements for class 2 gambling are that—

• (a) the winners may claim prizes or rewards without incurring costs additional to the cost of participation:

• (b) the following information is published at the point of sale:

  • (i) the name of the society:

  • (ii) the name and address of the organiser of the gambling:

  • (iii) the authorised purposes for which the gambling is conducted, stated specifically:

  • (iv) when entries close:

  • (v) details of where, when, and how results will be made available:

  • (vi) the value and characteristics of the prize or reward to be won:

  • (vii) the cost of entry:

  • (viii) the total number of tickets offered in the gambling:

  • (ix) the process for determining the winners:

• (c) the organiser of the gambling is a member or an authorised representative of a society:

• (d) except for housie, advertisements or notices soliciting entries include the name of the society, the name and address of the organiser, and the authorised purposes for which funds are being raised:

• (e) the prizes or rewards offered, and the authorised purposes for which the gambling is conducted, remain unchanged after tickets are first offered for sale:

• (f) every ticket sold, and no other ticket, is included or represented when the result is determined:

• (g) neither the society nor the organiser holds a ticket:

• (h) unless paragraph (i) or paragraph (j) applies, the result is—

  • (i) declared within 3 months of tickets first being offered for sale and within 14 days after ticket sales cease; and

  • (ii) notified publicly within 1 week after it is declared:

• (i) if the gambling is ancillary to entertainment, the result must be declared while the entertainment continues:

• (j) if the gambling is housie, the result must be declared during the housie session:

• (k) prizes or rewards are given only to the persons who win:

• (l) the society provides the following information to the Secretary, on request by the Secretary, within 14 days of that request:

  • (i) an audited statement of the receipts and payments from the gambling:

  • (ii) the name of each person who conducted the gambling, and any remuneration paid to, or received by, the person for doing so:

• (m) if a prize or reward is unclaimed within 3 months of the declaration of a result, it may be disposed of according to the Secretary’s directions:

• (n) if a prize or reward is unclaimed within 3 months of the declaration of a result, the society must notify the Secretary within 10 working days.

Class 2 gambling may be conducted by a society without a licence under this Act.

In this Act, class 3 gambling is gambling that satisfies the following criteria:

• (a) the net proceeds from the gambling are applied or distributed to authorised purposes; and

• (b) the total value of the prizes offered or awarded to the winners of the gambling activity, or to the winners of 1 session (if the gambling is conducted in sessions of more than 1 game), exceeds $5,000; and

• (c) the gambling satisfies relevant game rules; and

• (d) the gambling does not utilise or involve a gaming machine, directly or indirectly; and

• (e) no commission is offered or paid to, or received by, a person for conducting the gambling, except a licensed promoter; and

• (f) the Secretary has not categorised the gambling as another class of gambling.

(1) Class 3 gambling that is not conducted regularly may be conducted only by a society that holds a class 3 operator’s licence for the gambling.

(2) Class 3 gambling that is conducted regularly may be conducted only by a corporate society that holds a class 3 operator’s licence for the gambling.

(3) A licensed promoter may promote only class 3 gambling that is not conducted regularly.

(4) In this section, gambling is conducted regularly if it is conducted in sessions of more than 1 game.

A licence issued under section 8 of the Gaming and Lotteries Act 1977 (except for an existing gaming machine licence), or section 26, or section 35 of that Act becomes, and must be treated as if it were a class 3 operator’s licence.

In this Act, class 4 gambling is—

• (a) gambling that is not gambling of another class and that satisfies the following criteria:

  • (i) the net proceeds from the gambling are applied to or distributed for authorised purposes:

  • (ii) no commission is paid to, or received by, a person for conducting the gambling:

  • (iii) the gambling satisfies relevant game rules; and

• (b) gambling that utilises or involves a gaming machine; or

• (c) gambling categorised by the Secretary as class 4 gambling.

Class 4 gambling may be conducted only by a corporate society that holds—

• (a) a class 4 operator’s licence for the gambling; and

• (b) a class 4 venue licence for the place where the gambling is conducted.

(1) Despite section 375, an existing gaming machine licence held on the commencement of this section becomes, and must be treated as if it were, a class 4 operator’s licence.

(2) A site approval held on the commencement of this section becomes, and must be treated as if it were, a class 4 venue licence (and expires on the same date as the relevant operator’s licence).

(3) For the purposes of sections 56, 57, 72, and 73, the Secretary may treat a corporate society as the holder of a class 4 operator’s licence or class 4 venue licence if the Secretary is satisfied that it is the same, or substantially the same, entity as the society that held an existing gaming machine licence on the commencement of this section.

(1) The New Zealand Racing Board and societies that are racing clubs under the Racing Act 2003 must be treated as corporate societies for the purposes of—

• (a) a class 4 operator’s licence or class 4 venue licence; or

• (b) an application for, or the renewal or amendment of, either licence.

(2) A class 4 venue licence may be issued to the New Zealand Racing Board or a racing club to conduct class 4 gambling only at—

• (a) a venue owned or leased by the New Zealand Racing Board and used mainly for racing betting or sports betting; or

• (b) a racecourse.

In this Act, casino gambling means gambling—

• (a) that satisfies relevant game rules; and

• (b) to which both a casino venue licence and casino operator’s licence apply; but

• (c) that does not include the gambling conducted by the New Zealand Racing Board referred to in section 120.

(1) A society may apply to the Secretary for a licence to conduct class 3 gambling.

(2) An application must be on the relevant standard form and be accompanied by,—

• (a) if requested by the Secretary, a copy of the applicant’s governing document; and

• (b) details of the authorised purposes to or for which net proceeds from the class 3 gambling will be applied or distributed; and

• (c) a copy of an agreement that satisfies regulations made under section 219(a) if the class 3 gambling is conducted by a licensed promoter; and

• (d) any other relevant document requested by the Secretary.

(3) An application must include the following information:

• (a) a description of the class 3 gambling to be provided; and

• (b) a description of prizes that will be offered in the class 3 gambling; and

• (c) the duration and frequency of the class 3 gambling; and

• (d) the cost of entering the class 3 gambling; and

• (e) information about the financial viability of the proposed gambling operation and the means proposed to maximise the net proceeds from the class 3 gambling to be applied to or distributed for authorised purposes; and

• (f) the address and contact details of the society that will operate the class 3 gambling, the officers of the society, and the organiser of the class 3 gambling; and

• (g) if relevant, the address of the place at which the society intends to conduct the class 3 gambling; and

• (h) any other information requested by the Secretary.

(4) The Secretary may return an incomplete application, and the accompanying documents and any fee, to an applicant.

(1) The Secretary must undertake any investigations the Secretary considers necessary to determine whether an applicant is eligible and suitable to be granted a class 3 operator’s licence.

(2) In undertaking investigations, the Secretary may—

• (a) require the applicant to provide further information relating to the application and to undergo an independent investigation into its financial position and credit history by a person nominated by the Secretary:

• (b) require the Police, a government agency (except for the Inland Revenue Department), or a racing code to provide information about, or comment on, the applicant (including the organiser of the class 3 gambling and the officers of the society) or other matters concerning the application:

• (c) refer to the Police a copy of the application and any further information provided by the applicant.

(3) If a racing code is required to provide information about a person, then it must provide any information that it holds that relates to—

• (a) breaches, within the last 10 years, by the person of any rules of racing made under the Racing Act 2003 or the Racing Act 1971; or

• (b) the conviction, within the last 10 years, of the person for an offence against the Racing Act 2003 or the Racing Act 1971.

(4) A person required to provide information under this section must provide the information as promptly as is reasonable in the circumstances.

(5) Subsection (2) does not limit subsection (1).

(1) The Secretary must refuse to grant a class 3 operator’s licence unless the Secretary is satisfied that—

• (a) the gambling to which the application relates is class 3 gambling; and

• (b) the applicant’s purpose in conducting class 3 gambling is to raise money for authorised purposes; and

• (c) the applicant’s proposed gambling operation is financially viable; and

• (d) the applicant will maximise the net proceeds from the class 3 gambling and minimise the operating costs of that gambling; and

• (e) the net proceeds from the class 3 gambling will be applied to or distributed for authorised purposes; and

• (f) the applicant is able to comply with applicable regulatory requirements; and

• (g) any investigations carried out by the Secretary do not cause the Secretary not to be satisfied about the suitability of the applicant, any officers of the applicant, or the organiser of the gambling.

(2) In assessing financial viability under subsection (1)(c), the Secretary must consider, among other things, the ability of the applicant to both reward winners and apply or distribute the net proceeds from the class 3 gambling to or for authorised purposes.

(3) The Secretary may refuse to grant a class 3 operator’s licence if an applicant fails to provide the information requested by the Secretary in accordance with section 36.

(4) If the Secretary decides to refuse to grant a class 3 operator’s licence, the Secretary must notify the applicant of—

• (a) the reason for the decision; and

• (b) the right to appeal the decision; and

• (c) the process to be followed for an appeal under section 46.

(1) A class 3 operator’s licence must include the following information and conditions:

• (a) the name of the society that holds the licence; and

• (b) the commencement date and expiry date of the licence; and

• (c) if the licence authorises regular gambling, a statement to that effect; and

• (d) a specific description of the authorised purposes to or for which net proceeds from the class 3 gambling are intended to be applied or distributed; and

• (e) any other information or conditions added by the Secretary.

(2) The conditions that the Secretary may add to a class 3 operator’s licence include—

• (a) conditions intended to minimise risks of players becoming problem gamblers:

• (b) conditions concerning the management of the gambling, including the records that must be maintained and reporting requirements:

• (c) conditions concerning the management, application, and distribution of funds derived from gambling and from the investment of those funds:

• (d) conditions that restrict the authorised purposes to or for which net proceeds from the class 3 gambling may be applied or distributed:

• (e) conditions requiring the society to inform players of the odds of winning, and specifying how that information is to be displayed or provided:

• (f) conditions encouraging responsible gambling:

• (g) any other conditions consistent with this Act that the Secretary considers will promote or ensure compliance with this Act.

(3) The Secretary may—

• (a) amend or revoke a condition of a class 3 operator’s licence; or

• (b) add new conditions to a class 3 operator’s licence.

(4) If the Secretary decides to amend or revoke a condition or add a new condition to a class 3 operator’s licence, the Secretary must notify the society of—

• (a) the right to appeal the decision; and

• (b) the process to be followed for an appeal under section 46.

(1) A society holding a class 3 operator’s licence must notify the Secretary, and provide details, of significant changes to the information supplied by a society in, or accompanying, an application for—

• (a) a class 3 operator’s licence; or

• (b) renewal or amendment of a class 3 operator’s licence.

(2) Notification must be made before, or as soon as practicable after, the changes occur.

(3) The powers and obligations in section 36 apply to a notification as if the notification were an application for a class 3 operator’s licence.

(4) The Secretary may require the society to apply for an amendment under section 42, or may invoke the suspension or cancellation provisions under sections 43 and 44, as a result of the notification.

(1) A society holding a class 3 operator’s licence must obtain the approval of the Secretary before it changes a provision in its governing document that may have the effect of altering—

• (a) the society’s status as an entity established and conducted entirely for non-commercial purposes; or

• (b) the distribution of its assets on winding up; or

• (c) its objects so that it is no longer capable of applying or distributing net proceeds from the class 3 gambling to or for authorised purposes.

(2) If a governing document is changed with an effect described in subsection (1) without the approval of the Secretary, the change may be ignored by the Minister, the Secretary, the Gambling Commission, or the Department in applying this Act.

(1) A corporate society that operates class 3 gambling regularly may apply to the Secretary for a renewal of its class 3 operator’s licence before the expiry of the licence.

(2) An application must be on the relevant standard form and be accompanied by any items listed in section 35 that the Secretary requests in order to consider the application and effect the renewal.

(3) The Secretary may return an incomplete application, and the accompanying documents and any fee, to an applicant.

(4) Sections 36 and 37 apply to an application for renewal as if it were an application for a class 3 operator’s licence.

(5) The Secretary must refuse to renew a class 3 operator’s licence if—

• (a) any investigations carried out by the Secretary cause the Secretary not to be satisfied about any of the matters specified in section 37; or

• (b) the Secretary is not satisfied that the applicant will comply with all relevant requirements of this Act, licence conditions, game rules, and minimum standards.

(6) A class 3 operator’s licence continues in force after its expiry date if—

• (a) the corporate society has applied for a renewal before the expiry date; and

• (b) the application has not been refused.

(1) A society must apply to the Secretary to amend its class 3 operator’s licence if the society proposes to—

• (a) change the authorised purpose to or for which net proceeds from the class 3 gambling will be applied or distributed; or

• (b) make any other change that impacts on its ability to comply with this Act or the licence.

(2) An application must be on the relevant standard form and be accompanied by any items listed in section 35 that the Secretary requests in order to consider the application and effect the amendment.

(3) The Secretary may return an incomplete application, and the accompanying documents and any fee, to an applicant.

(4) Sections 36 and 37 apply to an application for amendment as if it were an application for a class 3 operator’s licence.

(5) The Secretary must refuse to amend a class 3 operator’s licence if—

• (a) any investigations carried out by the Secretary cause the Secretary not to be satisfied about any of the matters specified in section 37; or

• (b) the Secretary is not satisfied that the applicant will comply with all relevant requirements of this Act, licence conditions, game rules, and minimum standards.

(1) The Secretary may suspend for up to 6 months, or cancel, a class 3 operator’s licence if the Secretary is satisfied that—

• (a) any of the grounds in section 37 are no longer met; or

• (b) the society is failing, or has failed, to comply with any relevant requirement of this Act, licence conditions, and game rules; or

• (c) the society supplied information that is materially false or misleading in its application for the licence, or for a renewal or amendment of the licence.

(2) In deciding whether to suspend or cancel a class 3 operator’s licence, the Secretary must take into account the matters in section 37.

(1) If the Secretary proposes to suspend, cancel, or refuse to amend or renew a class 3 operator’s licence, the Secretary must notify the society of—

• (a) the proposal to suspend, cancel, or refuse to amend or renew the licence; and

• (b) the reason for the proposed suspension, cancellation, or refusal; and

• (c) the society’s rights, and the procedure to be followed—

  • (i) before the suspension or cancellation takes effect; or

  • (ii) as a result of the refusal to amend or renew the licence.

(2) The society may make written submissions to the Secretary concerning the proposed suspension, cancellation, or refusal to amend or renew within—

• (a) 20 working days after the date of the notice under subsection (1); or

• (b) any longer period that the Secretary allows if an application for an extension is made within the time period specified in paragraph (a).

(3) The Secretary must consider any submissions made by the society.

(4) If the Secretary decides to suspend a licence, the Secretary must notify the society of—

• (a) the date that the suspension takes effect; and

• (b) the suspension period (up to 6 months); and

• (c) the reason for the suspension; and

• (d) the matters to be dealt with in order for the Secretary to consider withdrawing the suspension before the end of the suspension period; and

• (e) the consequences of not dealing with the matters identified.

(5) If the Secretary decides to cancel or refuse to amend or renew a licence, the Secretary must notify the society of—

• (a) for a cancellation, the date on which the cancellation takes effect and the reason for the cancellation:

• (b) for a refusal to amend or renew, the reason for the refusal.

(6) If subsection (4) or subsection (5) applies, the Secretary must also notify the society of—

• (a) the right to appeal the decision; and

• (b) the process to be followed for an appeal under section 46.

(1) The suspension or cancellation of, or refusal to amend or renew, a class 3 operator’s licence does not affect—

• (a) the obligation of the society to apply or distribute the net proceeds from the class 3 gambling in accordance with this Act and the licence; and

• (b) any condition added to the licence by the Secretary relating to records that must be maintained and reporting requirements.

(2) The Secretary may decide to withdraw a suspension before the end of the suspension period if the reasons for the suspension are resolved to the satisfaction of the Secretary.

(3) The Secretary may decide to cancel a suspended licence at the end of the suspension period if the reasons for the suspension are not resolved to the satisfaction of the Secretary.

(4) Section 44(5) and (6) apply to the cancellation of a suspended licence.

(5) Subject to section 47, a licence that is suspended or cancelled or refused to be renewed or amended remains in force or unchanged (as the case may be) until the period for making an appeal expires.

(6) A society is not entitled to a refund of fees, taxes, or levies paid in relation to class 3 gambling if the Secretary suspends, cancels, or refuses to amend or renew its class 3 operator’s licence.

(1) A society may appeal to the Gambling Commission against a decision of the Secretary to—

• (a) refuse to grant a class 3 operator’s licence to the society; or

• (b) amend or revoke a condition of the licence, or add a new condition to it; or

• (c) refuse an application by the corporate society for the renewal of a class 3 operator’s licence; or

• (d) refuse to amend a class 3 operator’s licence held by the society; or

• (e) suspend or cancel a class 3 operator’s licence held by the society.

(2) An appeal must be in writing and must be made within—

• (a) 15 working days after the date of the notice of the Secretary’s decision; or

• (b) any longer period that the Gambling Commission allows if an application for an extension is made within the time period specified in paragraph (a).

(3) The Gambling Commission—

• (a) may request any information from the society or the Secretary; and

• (b) is not bound to follow any formal procedure; and

• (c) does not need to hold a hearing; and

• (d) must consider any information provided by the society or the Secretary.

(4) The Gambling Commission may then—

• (a) confirm, vary, or reverse the decision of the Secretary; or

• (b) refer the matter back to the Secretary with directions to reconsider the decision.

(5) The Gambling Commission must give notice of its decision, with reasons, to both the society and the Secretary.

(1) The conditions of a class 3 operator’s licence remain unchanged pending the outcome of an appeal if the appellant appeals an amendment or revocation of a condition or the addition of a new condition under section 46(1)(b).

(2) A class 3 operator’s licence remains in force until—

• (a) the expiry of the period for an appeal under section 46(2); or

• (b) the outcome of an appeal, if the appellant—

  • (i) appeals a refusal to renew or amend the licence under section 46(1)(c) or (d); or

  • (ii) appeals a decision to suspend or cancel the licence under section 46(1)(e).

(1) A society may surrender a class 3 operator’s licence to the Secretary at any time.

(2) The surrender of a class 3 operator’s licence does not affect—

• (a) the obligation of the society to apply or distribute the net proceeds from the gambling in accordance with this Act and the licence; and

• (b) any conditions relating to records that must be maintained and reporting requirements.

A class 3 operator’s licence is not transferable.

(1) A corporate society may apply to the Secretary for a licence to conduct class 4 gambling.

(2) An application must be on the relevant standard form and be accompanied by—

• (a) a copy of the applicant’s governing document; and

• (b) details of the authorised purposes to or for which net proceeds from the class 4 gambling will be applied or distributed; and

• (c) a statement by the applicant of how it proposes to minimise the risks of problem gambling (including the society’s policy for identifying problem gamblers); and

• (d) information about the financial viability of the proposed gambling operation and the means proposed to maximise the net proceeds from the class 4 gambling to be applied to or distributed for authorised purposes; and

• (e) in the case of an applicant that operates mainly to distribute net proceeds from the class 4 gambling to the community, details of the methods, systems, and policies for consideration of applications and distribution of net proceeds; and

• (f) a profile of each key person, including details of their experience in class 4 gambling, history in gambling, character, and qualifications; and

• (g) an application, and accompanying information, for a class 4 venue licence for each venue at which the applicant proposes to operate class 4 gambling; and

• (h) any information requested by the Secretary to assist the Secretary to determine whether the applicant is suitable; and

• (i) any information requested by the Secretary to show that the applicant will meet the requirements of this Act and the conditions of the proposed licence.

(3) The Secretary may return an incomplete application, and the accompanying documents and any fee, to an applicant.

(1) The Secretary must undertake any investigations the Secretary considers necessary to determine whether the applicant and the key persons are eligible and suitable for the applicant to be granted a class 4 operator’s licence.

(2) In undertaking investigations, the Secretary may—

• (a) require the applicant and any key person to provide further information relating to the application and to undergo an independent investigation into its financial position and credit history by a person nominated by the Secretary:

• (b) require the Police, a government agency (except for the Inland Revenue Department), or a racing code to provide information about, or comment on, the applicant and any key person or other matters concerning the application:

• (c) refer to the Police a copy of the application and any further information provided by the applicant and any key person.

(3) If a racing code is required to provide information about a person, then it must provide any information that it holds that relates to—

• (a) breaches, within the last 10 years, by the person of any rules of racing made under the Racing Act 2003 or the Racing Act 1971; or

• (b) the conviction, within the last 10 years, of the person for an offence against the Racing Act 2003 or the Racing Act 1971.

(4) A person required to provide information under this section must provide the information as promptly as is reasonable in the circumstances.

(5) Subsection (2) does not limit subsection (1).

(1) The Secretary must refuse to grant a class 4 operator’s licence unless the Secretary is satisfied that,—

• (a) the gambling to which the application relates is class 4 gambling; and

• (b) the applicant’s purpose in conducting class 4 gambling is to raise money for authorised purposes; and

• (c) the applicant’s proposed gambling operation is financially viable; and

• (d) the applicant will maximise the net proceeds from the class 4 gambling and minimise the operating costs of that gambling; and

• (e) the net proceeds from the class 4 gambling will be applied to or distributed for authorised purposes; and

• (f) the applicant is able to comply with applicable regulatory requirements; and

• (g) the applicant will minimise the risks of problem gambling; and

• (h) any investigations carried out by the Secretary do not cause the Secretary not to be satisfied about the suitability of the applicant or any key person, in terms of subsection (4); and

• (i) there are no factors that are likely to detract from achieving the purpose of this Act; and

• (j) a key person is not a key person in relation to a class 4 venue licence held, or applied for, by the applicant (except in the case of a club that intends to operate gambling equipment on its own non-commercial premises, the New Zealand Racing Board, or a racing club).

(2) In assessing financial viability under subsection (1)(c), the Secretary must consider, among other things, the ability of the applicant to reward winners and pay levies, taxes, and other costs, as well as apply or distribute the net proceeds from the class 4 gambling to or for authorised purposes.

(3) The Secretary may refuse to grant a class 4 operator’s licence if an applicant fails to provide the information requested by the Secretary in accordance with section 51.

(4) In determining whether an applicant is suitable for a class 4 operator’s licence, the Secretary may investigate and take into account the following things:

• (a) whether the applicant or a key person has, within the last 10 years,—

  • (i) been convicted of a relevant offence:

  • (ii) held, or been a key person in relation to a class 3 or class 4 operator’s licence, a class 4 venue licence, a casino licence, or a licensed promoter’s licence under this Act or any licence under previous gaming Acts that has been cancelled, suspended, or for which an application for renewal has been refused:

  • (iii) been placed in receivership, gone into liquidation, or been adjudged bankrupt; and

• (b) the financial position of the applicant and the credit history of the applicant and each key person; and

• (c) the profile of past compliance by the applicant and each key person with—

  • (i) this Act, minimum standards, game rules, Gazette notices, and licence conditions; and

  • (ii) the Racing Act 2003 or the Racing Act 1971 (and any rules of racing made under either of those Acts); and

  • (iii) previous gaming Acts, and regulations made under previous gaming Acts; and

  • (iv) a licence or a site approval issued under a previous gaming Act.

(5) The Secretary may take into account matters of a similar nature to those listed in subsection (4) that occurred outside New Zealand.

(6) If the Secretary decides to refuse to grant a class 4 operator’s licence, the Secretary must notify the applicant of—

• (a) the reason for the decision; and

• (b) the right to appeal the decision; and

• (c) the process to be followed for an appeal under section 61.

(1) A class 4 operator’s licence granted after the commencement of this section must include the following information and conditions:

• (a) the name of the corporate society that holds the licence; and

• (b) the commencement date and expiry date (which must be not later than 18 months after the commencement date) of the licence; and

• (c) a specific description of the authorised purposes to or for which net proceeds from the class 4 gambling are intended to be applied or distributed; and

• (d) any other information or conditions added by the Secretary.

(2) The conditions that the Secretary may add to a class 4 operator’s licence include—

• (a) conditions intended to minimise risks of players becoming problem gamblers:

• (b) conditions concerning the management of the gambling, including the records that must be maintained and reporting requirements:

• (c) conditions concerning the management, application, and distribution of funds derived from gambling and from the investment of those funds:

• (d) conditions that restrict the authorised purposes to or for which net proceeds from the class 4 gambling may be applied or distributed:

• (e) conditions requiring the corporate society to inform players of the odds of winning, and specifying how that information is to be displayed or provided:

• (f) conditions encouraging responsible gambling:

• (g) any other conditions consistent with this Act that the Secretary considers will promote or ensure compliance with this Act.

(3) The Secretary may—

• (a) amend or revoke a condition of a class 4 operator’s licence; or

• (b) add new conditions to a class 4 operator’s licence.

(4) If the Secretary decides to amend or revoke a condition or add a new condition to a class 4 operator’s licence, the Secretary must notify the corporate society of—

• (a) the right to appeal the decision; and

• (b) the process to be followed for an appeal under section 61.

(1) A corporate society holding a class 4 operator’s licence must notify the Secretary, and provide details, if any of the following things occur:

• (a) the corporate society or a key person is convicted of a relevant offence:

• (b) the corporate society or a key person is placed in receivership, goes into liquidation, or is adjudged bankrupt:

• (c) the corporate society or a key person breaches a rule of racing made under the Racing Act 2003:

• (d) a key person ceases to be a key person or is incapable of performing the duties of his or her position:

• (e) a change is proposed to the corporate society’s governing document that may affect the corporate society’s ability to comply with this Act or the licence.

(2) Notification must be made before, or as soon as practicable after, the changes occur.

(3) The powers and obligations in section 51 apply to a notification as if the notification were an application for a class 4 operator’s licence.

(4) The Secretary may require the corporate society to apply for an amendment under section 57, or may invoke the suspension or cancellation provisions under sections 58 and 59, as a result of the notification.

(1) A corporate society holding a class 4 operator’s licence must obtain the approval of the Secretary before it changes a provision in its governing document that may have the effect of altering—

• (a) the corporate society’s status as an entity established and conducted entirely for non-commercial purposes; or

• (b) the distribution of its assets on winding up; or

• (c) its objects so that it is no longer capable of applying or distributing net proceeds from the class 4 gambling to or for authorised purposes.

(2) If a governing document is changed with an effect described in subsection (1) without the approval of the Secretary, the change may be ignored by the Minister, the Secretary, the Gambling Commission, or the Department in applying this Act.

(1) A corporate society may apply to the Secretary for a renewal of its class 4 operator’s licence before the expiry of the licence.

(2) An application must be on the relevant standard form and be accompanied by—

• (a) any items listed in section 50 that the Secretary requests in order to consider the application and effect the renewal; and

• (b) if applicable, any items necessary to effect an application for a class 4 venue licence.

(3) The Secretary may return an incomplete application, and the accompanying documents and any fee, to an applicant.

(4) Sections 51 and 52 apply to an application for renewal as if it were an application for a class 4 operator’s licence.

(5) The Secretary must refuse to renew a class 4 operator’s licence if—

• (a) any investigations carried out by the Secretary cause the Secretary not to be satisfied about any of the matters specified in section 52; or

• (b) the Secretary is not satisfied that the applicant will comply with all relevant requirements of this Act, licence conditions, game rules, and minimum standards.

(6) A class 4 operator’s licence continues in force after its expiry date if—

• (a) the corporate society has applied for renewal before the expiry date; and

• (b) the application has not been refused.

(1) A corporate society must apply to the Secretary to amend its class 4 operator’s licence if the corporate society proposes to—

• (a) change the authorised purpose to or for which net proceeds from the class 4 gambling will be applied or distributed; or

• (b) change its problem gambling policies; or

• (c) change its methods, systems, or policies for the consideration of applications for the distribution of net proceeds from the class 4 gambling; or

• (d) add a new key person; or

• (e) make any other change that impacts on its ability to comply with this Act or the licence.

(2) An application must be on the relevant standard form and be accompanied by—

• (a) any items listed in section 50 that the Secretary requests in order to consider the application and effect the amendment; and

• (b) if applicable, any items necessary to effect an application for a class 4 venue licence.

(3) The Secretary may return an incomplete application, and the accompanying documents and any fee, to an applicant.

(4) Sections 51 and 52 apply to an application for amendment as if it were an application for a class 4 operator’s licence.

(5) The Secretary must refuse to amend a class 4 operator’s licence if—

• (a) any investigations carried out by the Secretary cause the Secretary not to be satisfied about any of the matters specified in section 52; or

• (b) the Secretary is not satisfied that the applicant will comply with all relevant requirements of this Act, licence conditions, game rules, and minimum standards.

(1) The Secretary may suspend for up to 6 months, or cancel, a class 4 operator’s licence if the Secretary is satisfied that—

• (a) any of the grounds in section 52 are no longer met; or

• (b) the corporate society is failing, or has failed, to comply with any relevant requirement of this Act, licence conditions, game rules, and minimum standards; or

• (c) the class 4 venue agreement is no longer consistent with ensuring compliance with this Act or the licence; or

• (d) the corporate society supplied information that is materially false or misleading in its application for—

  • (i) a class 4 operator’s licence; or

  • (ii) a renewal or an amendment of a class 4 operator’s licence; or

  • (iii) a class 4 venue licence; or

  • (iv) a renewal or an amendment of a class 4 venue licence.

(2) In deciding whether to suspend or cancel a class 4 operator’s licence, the Secretary must take into account the matters in section 52.

(1) If the Secretary proposes to suspend, cancel, or refuse to amend or renew a class 4 operator’s licence, the Secretary must notify the corporate society of—

• (a) the proposal to suspend, cancel, or refuse to amend or renew the licence; and

• (b) the reason for the proposed suspension, cancellation, or refusal; and

• (c) the corporate society’s rights, and the procedure to be followed—

  • (i) before the suspension or cancellation takes effect; or

  • (ii) as a result of the refusal to amend or renew the licence.

(2) The corporate society may make written submissions to the Secretary concerning the proposed suspension, cancellation, or refusal to amend or renew within—

• (a) 20 working days after the date of the notice under subsection (1); or

• (b) any longer period that the Secretary allows if an application for an extension is made within the time period specified in paragraph (a).

(3) The Secretary must consider any submissions made by the corporate society.

(4) If the Secretary decides to suspend a licence, the Secretary must notify the corporate society of—

• (a) the date that the suspension takes effect; and

• (b) the suspension period (up to 6 months); and

• (c) the reason for the suspension; and

• (d) the matters to be dealt with in order for the Secretary to consider withdrawing the suspension before the end of the suspension period; and

• (e) the consequences of not dealing with the matters identified.

(5) If the Secretary decides to cancel or refuse to amend or renew a licence, the Secretary must notify the corporate society of,—

• (a) for a cancellation, the date on which the cancellation takes effect and the reason for the cancellation; or

• (b) for a refusal to amend or renew, the reason for the refusal.

(6) If subsection (4) or subsection (5) applies, the Secretary must also notify the corporate society of—

• (a) the right to appeal the decision; and

• (b) the process to be followed for an appeal under section 61.

(1) The suspension or cancellation of, or refusal to amend or renew, a class 4 operator’s licence does not affect—

• (a) the obligation of the corporate society to apply or distribute the net proceeds from the class 4 gambling in accordance with this Act and the licence; and

• (b) any condition added to the licence by the Secretary relating to records that must be maintained and reporting requirements.

(2) The Secretary may decide to withdraw a suspension before the end of the suspension period if the reasons for the suspension are resolved to the satisfaction of the Secretary.

(3) The Secretary may decide to cancel a suspended licence at the end of the suspension period if the reasons for the suspension are not resolved to the satisfaction of the Secretary.

(4) Section 59(5) and (6) apply to the cancellation of a suspended licence.

(5) Subject to section 62, a licence that is suspended or cancelled or refused to be renewed or amended remains in force or unchanged (as the case may be) until the period for making an appeal expires.

(6) A corporate society is not entitled to a refund of fees, taxes, or levies paid in relation to class 4 gambling if the Secretary suspends, cancels, or refuses to amend or renew its class 4 operator’s licence.

(1) A corporate society may appeal to the Gambling Commission against a decision of the Secretary to—

• (a) refuse to grant a class 4 operator’s licence to the corporate society; or

• (b) amend or revoke a condition of the licence, or add a new condition to it; or

• (c) refuse an application by the corporate society for the renewal of a class 4 operator’s licence; or

• (d) refuse to amend a class 4 operator’s licence held by the corporate society; or

• (e) suspend or cancel a class 4 operator’s licence held by the corporate society.

(2) An appeal must be in writing and must be made within—

• (a) 15 working days after the date of the notice of the Secretary’s decision; or

• (b) any longer period that the Gambling Commission allows if an application for an extension is made within the time period specified in paragraph (a).

(3) The Gambling Commission—

• (a) may request any information from the corporate society or the Secretary; and

• (b) is not bound to follow any formal procedure; and

• (c) does not need to hold a hearing; and

• (d) must consider any information provided by the corporate society or the Secretary.

(4) The Gambling Commission may then—

• (a) confirm, vary, or reverse the decision of the Secretary; or

• (b) refer the matter back to the Secretary with directions to reconsider the decision.

(5) The Gambling Commission must give notice of its decision, with reasons, to both the corporate society and the Secretary.

(1) The conditions of a class 4 operator’s licence remain unchanged pending the outcome of an appeal if the appellant appeals an amendment or revocation of a condition or the addition of a new condition under section 61(1)(b).

(2) A class 4 operator’s licence remains in force until—

• (a) the expiry of the period for an appeal under section 61(2); or

• (b) the outcome of an appeal, if the appellant—

  • (i) appeals a refusal to renew or amend the licence under section 61(1)(c) or (d); or

  • (ii) appeals a decision to suspend or cancel the licence under section 61(1)(e).

(1) A corporate society may surrender a class 4 operator’s licence to the Secretary at any time.

(2) The surrender of a class 4 operator’s licence does not affect—

• (a) the obligation of the corporate society to apply or distribute the net proceeds from the gambling in accordance with this Act and the licence; and

• (b) any conditions relating to records that must be maintained and reporting requirements.

A class 4 operator’s licence is not transferable.

(1) A corporate society may apply to the Secretary for a class 4 venue licence.

(2) An application must be on the relevant standard form and be accompanied by—

• (a) a description of the venue and its location; and

• (b) a territorial authority consent if required under section 98; and

• (c) a copy of a class 4 venue agreement if required under subsection (3); and

• (d) a statement by the applicant of how it proposes to minimise the risks of problem gambling and underage gambling at the class 4 venue; and

• (e) a profile of the venue manager and the venue operator, including details of their experience in class 4 gambling, history in gambling, character, and qualifications; and

• (f) details of gambling equipment that the applicant intends to operate at the venue and evidence that it meets relevant minimum standards; and

• (g) if the application relates to a venue that is licensed to another corporate society, notice from the other corporate society that it is surrendering its venue licence for the venue; and

• (h) if relevant, evidence that on issue of the licence the applicant will own any gambling equipment (except for electronic monitoring systems) that it proposes to operate; and

• (i) evidence that any gambling equipment that the applicant proposes to operate under the licence is not and will not be financed by the manufacturer, distributor, or vendor of the equipment; and

• (j) evidence that the class 4 venue is not to be used mainly for operating gaming machines; and

• (k) for a class 4 venue that is not established before the commencement of this section, evidence that the class 4 venue is not to be part of a place at which another class 4 venue or a casino is located; and

• (l) evidence that the venue is suitable in all other respects to be a class 4 venue.

(3) The application must also be accompanied by a class 4 venue agreement unless the Secretary is satisfied that the applicant is a club that intends to operate gambling equipment at a non-commercial class 4 venue that—

• (a) it owns or leases; and

• (b) is mainly for the use of club members.

(4) Despite subsection (3), an application by the New Zealand Racing Board or a racing club is not required to be accompanied by a venue agreement.

(5) The Secretary may return an incomplete application, and the accompanying documents and any fee, to an applicant.

(6) The Secretary may request from the applicant any further information that the Secretary considers necessary to consider the application properly.

(1) The Secretary must undertake any investigations the Secretary considers necessary to determine—

• (a) whether the applicant is eligible and suitable to be granted a class 4 venue licence; and

• (b) whether the venue manager and venue operator are suitable persons in terms of section 68.

(2) The Secretary may undertake whatever investigations the Secretary considers necessary to determine whether any other key person is a suitable person in terms of section 68.

(3) In undertaking investigations, the Secretary may—

• (a) require the applicant and any key person to provide further information relating to the application and to undergo an independent investigation into its financial position and credit history by a person nominated by the Secretary:

• (b) require the Police, a government agency (except for the Inland Revenue Department), or a racing code to provide information about, or comment on, the applicant and any key person or other matters concerning the application:

• (c) refer to the Police a copy of the application and any further information provided by the applicant and any key person.

(4) If a racing code is required to provide information about a person, then it must provide any information that it holds that relates to—

• (a) breaches, within the last 10 years, by the person of any rules of racing made under the Racing Act 2003 or the Racing Act 1971; or

• (b) the conviction, within the last 10 years, of the person for an offence against the Racing Act 2003 or the Racing Act 1971.

(5) A person required to provide information under this section must provide the information as promptly as is reasonable in the circumstances.

(6) Subsection (3) does not limit subsection (1).

(1) The Secretary must refuse to grant a class 4 venue licence unless the Secretary is satisfied that—

• (a) the applicant holds a class 4 operator’s licence; and

• (b) the possibility of persons under 18 years old gaining access to class 4 gambling at the class 4 venue is minimal; and

• (c) the venue manager is an individual and any investigations carried out by the Secretary do not cause the Secretary not to be satisfied about his or her suitability, in terms of section 68, to supervise—

  • (i) the conduct of class 4 gambling at the venue; and

  • (ii) venue personnel; and

• (d) any investigations carried out by the Secretary do not cause the Secretary not to be satisfied about the suitability of any other key person, in terms of section 68; and

• (e) if the application relates to a class 4 venue that is licensed to another corporate society, the other corporate society has surrendered its class 4 venue licence for the venue; and

• (f) the territorial authority has provided a consent (if required under section 98); and

• (g) on issue of the licence, the applicant will own any gambling equipment (except for electronic monitoring systems) that it proposes to operate; and

• (h) on issue of the licence, the applicant will not operate any gambling equipment that is financed by the manufacturer, distributor, or vendor of the equipment; and

• (i) all gambling equipment to be operated at the venue meets relevant minimum standards; and

• (j) the class 4 venue agreement (if required)—

  • (i) enables the class 4 gambling conducted at the class 4 venue to comply with this Act and the proposed class 4 venue licence; and

  • (ii) includes the information specified in section 69; and

• (k) the class 4 venue is not used mainly for operating gaming machines; and

• (l) for a class 4 venue that is not established before the commencement of this section, the class 4 venue is not to be part of a place at which another class 4 venue or a casino is located; and

• (m) for an application to which section 65(3) applies, no person will be both a key person in relation to the relevant class 4 operator’s licence and a key person in relation to the class 4 venue licence; and

• (n) if the New Zealand Racing Board is the applicant, the class 4 venue is either—

  • (i) owned or leased by the New Zealand Racing Board and used mainly for racing betting or sports betting; or

  • (ii) a racecourse; and

• (o) if the applicant is a racing club, the class 4 venue is a racecourse; and

• (p) the risk of problem gambling at the class 4 venue is minimised; and

• (q) the proposed venue is suitable in all other respects to be a class 4 venue; and

• (r) there are no other factors that are likely to detract from achieving the purpose of this Act; and

• (s) any other requirement set out in regulations or licence conditions is, or will be, met.

(2) If the Secretary decides to refuse to grant a class 4 venue licence, the Secretary must notify the applicant, or, if there is a venue agreement, the parties to the agreement, and the venue manager of—

• (a) the reason for the decision; and

• (b) the right to appeal the decision; and

• (c) the process to be followed for an appeal under section 77.

(1) In determining whether a key person is a suitable person for the purpose of sections 66 and 67, the Secretary may investigate and take into account the following things:

• (a) whether he or she has, within the last 10 years,—

  • (i) been convicted of a relevant offence:

  • (ii) held, or been a key person in relation to, a class 3 or class 4 operator’s licence, a class 4 venue licence, a casino licence, or a licensed promoter’s licence under this Act or any licence under previous gaming Acts that has been cancelled, suspended, or for which an application for renewal has been refused:

  • (iii) been placed in receivership, gone into liquidation, or been adjudged bankrupt:

• (b) the financial position and the credit history of the key person:

• (c) the profile of past compliance by the key person with—

  • (i) this Act, minimum standards, game rules, Gazette notices, and licence conditions; and

  • (ii) the Racing Act 2003 or the Racing Act 1971 (and any rules of racing made under either of those Acts); and

  • (iii) previous gaming Acts, and regulations made under previous gaming Acts; and

  • (iv) a licence or a site approval issued under a previous gaming Act.

(2) The Secretary may take into account matters of a similar nature to those listed in subsection (1) that occurred outside New Zealand.

(1) The form and content of a class 4 venue agreement must be approved by the Secretary and must include—

• (a) a schedule signed by the venue manager and the venue operator setting out—

  • (i) the full name, date of birth, and contact details of the venue manager; and

  • (ii) the gambling-related duties and responsibilities of the venue manager; and

• (b) an itemised list of costs associated with the operation of class 4 gambling at the venue; and

• (c) the expiry date of the venue agreement.

(2) A class 4 venue agreement must be signed by the holder of, or applicant for, the class 4 venue licence and the venue operator.

(3) The expiry date of a class 4 venue agreement may be overridden by anything to the contrary in this Act, game rules, minimum standards, or licence conditions but, in any case, must not be later than 3 years after the date of the venue agreement.

(4) Approval of a class 4 venue agreement lapses if the corporate society ceases to hold a class 4 operator’s licence or a class 4 venue licence for that venue.

(1) A class 4 venue licence granted after the commencement of this section must include the following information and conditions:

• (a) the name of the corporate society that holds the licence; and

• (b) the commencement date and expiry date (which must be not later than 18 months after the commencement date) of the licence; and

• (c) the authorised purpose of the corporate society; and

• (d) the name of the venue operator; and

• (e) the name of the venue manager; and

• (f) a description of the class 4 venue and its location; and

• (g) conditions about the class 4 gambling that may be conducted at the venue, including the number of gaming machines that may be operated; and

• (h) details of the gambling equipment that may be operated at the venue; and

• (i) conditions to prevent class 4 gambling being conducted at the venue unless the primary activity of the venue is offered and available at that time; and

• (j) any other conditions added by the Secretary.

(2) The conditions that the Secretary may add to a class 4 venue licence include—

• (a) procedures to ensure that both the venue operator and the venue manager can supervise effectively—

  • (i) the class 4 gambling at the venue; and

  • (ii) the venue personnel:

• (b) conditions to minimise the possibility of persons under 18 years old gaining access to class 4 gambling at the class 4 venue:

• (c) procedures for banking money from the gambling:

• (d) conditions regarding the application or distribution of net proceeds from the class 4 gambling to or for authorised purposes:

• (e) if the corporate society accepts applications for the distribution of net proceeds from gambling, conditions about the process for making, and the provision of information about how to make, an application:

• (f) conditions regarding the display of the class 4 venue licence at the venue:

• (g) procedures to encourage responsible gambling at the venue:

• (h) conditions specifying areas within a class 4 venue as the only areas permitted for conducting class 4 gambling:

• (i) any other conditions consistent with this Act that the Secretary considers will promote or ensure compliance with this Act.

(3) The Secretary may—

• (a) amend or revoke a condition of a class 4 venue licence; or

• (b) add new conditions to a class 4 venue licence.

(4) If the Secretary decides to amend or revoke a condition or add a new condition to a class 4 venue licence, the Secretary must notify the corporate society or the parties to the venue agreement, and the venue manager, of—

• (a) the right to appeal the decision; and

• (b) the process to be followed for an appeal under section 77.

(5) Despite subsection (1)(b), a class 4 venue licence expires on the date that a class 4 operator’s licence held by the corporate society that holds the class 4 venue licence is surrendered, expires, or is cancelled.

(6) For the purposes of subsection (1)(i), if the class 4 venue is a racecourse, the primary activity of the venue must be treated as including the provision of sports, recreation, entertainment, and convention facilities.

(1) A corporate society holding a class 4 venue licence must notify the Secretary, and provide details, if any of the following things occur:

• (a) a key person in relation to the class 4 venue licence is convicted of a relevant offence:

• (b) a key person in relation to the class 4 venue licence is placed in receivership, goes into liquidation, or is adjudged bankrupt:

• (c) a key person in relation to a class 4 venue licence breaches a rule of racing made under section 29 of the Racing Act 2003:

• (d) the venue manager ceases to be the venue manager or is incapable of performing the duties of his or her position:

• (e) the venue operator changes:

• (f) the nature of the class 4 venue changes:

• (g) the corporate society has not conducted class 4 gambling at the venue for a period of more than 4 weeks (in which case the class 4 venue licence must be surrendered unless the Secretary agrees that the venue may remain inactive for a further specified period).

(2) Notification must be made before, or as soon as practicable after, an event listed in subsection (1) occurs.

(3) The powers and obligations in section 66 apply to a notification as if the notification were an application for a class 4 venue licence.

(4) The Secretary may require the corporate society to apply for an amendment under section 73, or may invoke the suspension or cancellation provisions under sections 74 and 75, as a result of the notification.

(1) A corporate society may apply to the Secretary for a renewal of its class 4 venue licence before the expiry of the licence.

(2) An application must be on the relevant standard form and be accompanied by any items listed in section 65 that the Secretary requests in order to consider the application and effect the renewal.

(3) The Secretary may return an incomplete application, and the accompanying documents and any fee, to an applicant.

(4) Sections 66 and 67 apply to an application for renewal as if it were an application for a class 4 venue licence.

(5) The Secretary must refuse to renew a class 4 venue licence if—

• (a) the applicant does not hold the associated operator’s licence; or

• (b) any investigations carried out by the Secretary cause the Secretary not to be satisfied about any of the matters specified in section 67; or

• (c) the Secretary is not satisfied that the applicant will comply with all relevant requirements of this Act, licence conditions, game rules, and minimum standards.

(6) Unless the associated operator’s licence is cancelled, suspended, or not renewed, a class 4 venue licence continues in force after its expiry date if—

• (a) the corporate society has applied for renewal before the expiry date; and

• (b) the application has not been refused.

(1) A corporate society must apply to the Secretary to amend its class 4 venue licence if the corporate society proposes to—

• (a) change any gambling equipment at the venue; or

• (b) increase the number of gaming machines that it may operate at the venue; or

• (c) change any condition of the licence or any procedure that is a condition of the licence.

(2) An application must be on the relevant standard form and be accompanied by any items listed in section 65 that the Secretary requests in order to consider the application and effect the amendment.

(3) The Secretary may return an incomplete application, and the accompanying documents and any fee, to an applicant.

(4) Sections 66 and 67 apply to an application for amendment as if it were an application for a class 4 venue licence.

(5) The Secretary must refuse to amend a class 4 venue licence if—

• (a) any investigations carried out by the Secretary cause the Secretary not to be satisfied about any of the matters specified in section 67; or

• (b) the Secretary is not satisfied that the applicant will comply with all relevant requirements of this Act, licence conditions, game rules, and minimum standards.

(1) The Secretary may suspend for up to 6 months, or cancel, a class 4 venue licence if the Secretary is satisfied that—

• (a) any of the grounds in section 67 are no longer met; or

• (b) the corporate society is failing, or has failed, to comply with any relevant requirement of this Act, licence conditions, game rules, and minimum standards; or

• (c) the class 4 venue agreement is no longer consistent with ensuring compliance with this Act or the licence; or

• (d) the corporate society supplied information that is materially false or misleading in its application for—

  • (i) a class 4 venue licence; or

  • (ii) a renewal or an amendment of a class 4 venue licence; or

  • (iii) a class 4 operator’s licence; or

  • (iv) a renewal or an amendment of a class 4 operator’s licence.

(2) In deciding whether to suspend or cancel a class 4 venue licence, the Secretary must take into account the matters in section 67.

(1) If the Secretary proposes to suspend, cancel, or refuse to amend or renew a class 4 venue licence, the Secretary must notify the corporate society or, if there is a venue agreement, the parties to the agreement, and the venue manager of—

• (a) the proposal to suspend, cancel, or refuse to amend or renew the licence; and

• (b) the reason for the proposed suspension, cancellation, or refusal; and

• (c) their rights, and the procedure to be followed—

  • (i) before the suspension or cancellation takes effect; or

  • (ii) as a result of the refusal to amend or renew the licence.

(2) The corporate society or the parties to the venue agreement, and the venue manager may make written submissions to the Secretary concerning the proposed suspension, cancellation, or refusal to amend or renew within—

• (a) 20 working days after the date of the notice under subsection (1); or

• (b) any longer period that the Secretary allows if an application for an extension is made within the time period specified in paragraph (a).

(3) The Secretary must consider any submissions made by the corporate society or the parties to the venue agreement, or the venue manager.

(4) If the Secretary decides to suspend a licence, the Secretary must notify the corporate society or the parties to the venue agreement, and the venue manager of—

• (a) the date that the suspension takes effect; and

• (b) the suspension period (up to 6 months); and

• (c) the reason for the suspension; and

• (d) the matters to be dealt with in order for the Secretary to consider withdrawing the suspension before the end of the suspension period; and

• (e) the consequences of not dealing with the matters identified.

(5) If the Secretary decides to cancel or refuse to amend or renew a licence, the Secretary must notify the corporate society or the parties to the venue agreement, and the venue manager of,—

• (a) for a cancellation, the date on which the cancellation takes effect and the reason for the cancellation; or

• (b) for a refusal to amend or renew, the reason for the refusal.

(6) If subsection (4) or subsection (5) applies, the Secretary must also notify the corporate society or the parties to the venue agreement, and the venue manager of—

• (a) the right to appeal the decision; and

• (b) the process to be followed for an appeal under section 77.

(1) The suspension or cancellation of, or refusal to amend or renew, a class 4 venue licence does not affect—

• (a) the obligation of the corporate society to apply or distribute the net proceeds from the class 4 gambling in accordance with this Act and the licence; and

• (b) any condition added to the licence by the Secretary relating to records that must be maintained and reporting requirements.

(2) The Secretary may decide to withdraw a suspension before the end of the suspension period if the reasons for the suspension are resolved to the satisfaction of the Secretary.

(3) The Secretary may decide to cancel a suspended licence at the end of the suspension period if the reasons for the suspension are not resolved to the satisfaction of the Secretary.

(4) Section 75(5) and (6) apply to the cancellation of a suspended licence.

(5) Subject to section 78, a licence that is suspended or cancelled or refused to be renewed or amended remains in force or unchanged (as the case may be) until the period for making an appeal expires.

(6) A corporate society is not entitled to a refund of fees, taxes, or levies paid in relation to class 4 gambling if the Secretary suspends, cancels, or refuses to amend or renew its class 4 venue licence.

(1) A corporate society or, if there is a venue agreement, the parties to the agreement, and the venue manager may appeal to the Gambling Commission against a decision of the Secretary to—

• (a) refuse to grant a class 4 venue licence to the corporate society; or

• (b) amend or revoke a condition of the licence, or add a new condition to it; or

• (c) refuse an application by the corporate society for the renewal of a class 4 venue licence; or

• (d) refuse to amend a class 4 venue licence held by the corporate society; or

• (e) suspend or cancel a class 4 venue licence held by the corporate society.

(2) An appeal must be in writing and must be made within—

• (a) 15 working days after the date of the notice of the Secretary’s decision; or

• (b) any longer period that the Gambling Commission allows if an application for an extension is made within the time period specified in paragraph (a).

(3) The Gambling Commission—

• (a) may request any information from the corporate society or the parties to the agreement or the venue manager or the Secretary; and

• (b) is not bound to follow any formal procedure; and

• (c) does not need to hold a hearing; and

• (d) must consider any information provided by the corporate society, or the parties to the venue agreement, and the venue manager and the Secretary.

(4) The Gambling Commission may—

• (a) confirm, vary, or reverse the decision of the Secretary; or

• (b) refer the matter back to the Secretary with directions to reconsider the decision.

(5) The Gambling Commission must give notice of its decision, with reasons, to the corporate society, or the parties to the venue agreement, and the venue manager and the Secretary.

(1) The conditions of a class 4 venue licence remain unchanged pending the outcome of an appeal if the appellant appeals an amendment or revocation of a condition or the addition of a new condition under section 77(1)(b).

(2) A class 4 venue licence remains in force until—

• (a) the expiry of the period for an appeal under section 77(2); or

• (b) the outcome of an appeal, if the appellant—

  • (i) appeals a refusal to renew or amend the licence under section 77(1)(c) or (d); or

  • (ii) appeals a decision to suspend or cancel the licence under section 77(1)(e).

(1) A corporate society—

• (a) must surrender a class 4 venue licence to the Secretary in the circumstances described in section 71(1)(g):

• (b) may surrender a class 4 venue licence to the Secretary at any other time.

(2) The surrender of a class 4 venue licence does not affect—

• (a) the obligation of the corporate society to apply or distribute the net proceeds from the gambling in accordance with this Act and the licence; and

• (b) any condition relating to records that must be maintained and reporting requirements.

A class 4 venue licence is not transferable.

(1) This section applies if a person makes a complaint to the Secretary about the conduct of class 4 gambling at a particular venue or by the holder of a class 4 operator’s licence.

(2) The Secretary must, as soon as practicable after receiving a complaint, investigate the complaint and notify the complainant, if possible, as to whether any action has been, or will be, taken in respect of the complaint and the nature of any action taken.

(3) The complainant may complain to the Gambling Commission about the way the Secretary has handled the complaint.

(4) The Gambling Commission must then—

• (a) require the Secretary to provide a report about the way the complaint was handled; and

• (b) consider the matter in light of the Secretary’s report; and

• (c) report to the Minister about the matter if the Gambling Commission considers that the Secretary did not handle the complaint appropriately; and

• (d) notify the complainant and the Secretary of its view and any report to the Minister.

(1) The holder of a class 4 venue licence must display at the class 4 venue the following information:

• (a) the commencement date and expiry date of the class 4 venue licence:

• (b) contact details for the holder of the class 4 venue licence:

• (c) if the net proceeds from gambling at the class 4 venue are distributed to the community,—

  • (i) details of how and where to apply for a grant of net proceeds; and

  • (ii) details of where to complain if an application for a grant of net proceeds is unsuccessful; and

  • (iii) a statement that the law does not permit venue personnel to be involved in decisions about, or to manage or provide applications for, grants to the community:

• (d) that complaints about the conduct of gambling in the venue or the conduct of a holder of a class 4 operator’s licence may be made to the Secretary.

(2) If a class 4 venue agreement is not required in respect of the class 4 venue under section 65(3) or (4), the information must be displayed at all times on a sign in the immediate area where gaming machines are located.

(3) For all other class 4 venues, the information must be displayed at all times—

• (a) on a sign in the immediate area where gaming machines are located; and

• (b) on a sign that can be easily read by persons immediately outside each principal entrance.

(4) The holder of a class 4 venue licence who fails to comply with this section commits an offence and is liable on summary conviction to a fine not exceeding $5,000.

(1) The holder of a class 4 operator’s licence must provide the following information to the Secretary within 20 working days of disposing of a gaming machine:

• (a) the means of disposal; and

• (b) the name of the acquirer of the gaming machine and the details necessary to contact the acquirer with ease.

(2) The holder of a class 4 operator’s licence who contravenes this section commits an offence and is liable on summary conviction to a fine not exceeding $5,000.

(1) On and from the date that is 6 months after the commencement of this section, the holder of a class 4 venue licence must not operate, or allow to be operated, at the class 4 venue a gaming machine that is able to accept banknotes with a denomination greater than $20.

(2) The holder of a class 4 venue licence who fails to comply with this section commits an offence and is liable on summary conviction to a fine not exceeding $10,000.

(1) The Secretary may disable or seal gambling equipment, without prior notice to the holder of the class 4 operator’s licence or class 4 venue licence, the venue operator, or the venue manager, if the Secretary believes, on reasonable grounds, that the gambling equipment does not comply with minimum standards, or is faulty, or has been tampered with.

(2) The Secretary must enable or unseal gambling equipment if the Secretary no longer believes, on reasonable grounds, that the gambling equipment does not comply with minimum standards, or is faulty, or has been tampered with or the Secretary is satisfied that the problem has been, or will be, rectified.

(3) A disablement or subsequent enablement may—

• (a) be effected manually or by means of an electronic monitoring system; and

• (b) result from a decision of the Secretary or occur automatically by the operation of an electronic monitoring system.

(4) A disablement or sealing is not a suspension or cancellation of a class 4 operator’s licence or a class 4 venue licence.

(5) The Secretary may disable or subsequently enable—

• (a) a particular item of gambling equipment at a venue; or

• (b) all gambling equipment at a venue; or

• (c) all or some gambling equipment at various venues.

(6) If a fault in the electronic monitoring system or the telecommunications system used to operate the electronic monitoring system causes gambling equipment not to operate, the Crown is not liable for any compensation to any person for loss or damage caused by the failure of the equipment to operate.

(1) The holder of a class 4 operator’s licence must connect gaming machines under the holder’s control to an electronic monitoring system specified by the Secretary in a notice to the holder.

(2) The holder of a class 4 operator’s licence—

• (a) must bear the cost of replacing or upgrading gambling equipment in order to enable the connection of gaming machines to an electronic monitoring system; and

• (b) may be required by the Secretary to bear the cost of equipping or upgrading a class 4 venue for which it holds a licence in order to enable the connection of gaming machines to an electronic monitoring system.

(3) The holder of a class 4 operator’s licence must comply with subsection (1) by the date or dates notified to that holder by the Secretary, and the Secretary may notify particular dates that apply—

• (a) to particular societies or classes of society:

• (b) to particular class 4 venues or classes of class 4 venues.

(4) However, the date or dates notified by the Secretary must not be later than 3 years and 6 months after the date that this Act receives the Royal assent.

(5) The holder of a class 4 operator’s licence must not operate gaming machines after the date or dates notified to the holder by the Secretary unless the machines are connected to an electronic monitoring system specified by the Secretary.