“allocate, in relation to tickets in an instant game,—

• “(a) that is a New Zealand lottery or part of a New Zealand lottery, means to determine, in accordance with section 248, the tickets that are prize-bearing tickets or the prize that each ticket bears:

• “(b) that is not a New Zealand lottery or part of a New Zealand lottery, means to determine wholly by chance the tickets that are prize-bearing tickets or the prize that each ticket bears”.

“apply, in relation to the application by a corporate society of net proceeds from class 4 gambling to an authorised purpose, means spending the net proceeds directly on the corporate society’s own authorised purpose

“distribute, in relation to the distribution by a corporate society of net proceeds from class 4 gambling to an authorised purpose, means the corporate society making a grant to another person for that person to spend on an authorised purpose

“EFTPOS device means an electronic funds transfer at point of sale device

“gambling assets means assets acquired to enable the conduct of gambling, including, but not limited to, any fittings or chattels”.

• “(a) means a device, whether totally or partly mechanically or electronically operated, that—

  • “(i) is adapted or designed and constructed for gambling; and

  • “(ii) is played or confers a right to participate, whether totally or partly, by the insertion of money into it or by the direct or indirect payment of money by any other means; and”.

• “(iiia) a jackpot device that links a series of gaming machines and that can only be played through those gaming machines; or”.

“illegal gambling means gambling declared as illegal by section 9, 17(3), or 17A(2)”.

• “(b) an offence prescribed as an infringement offence by regulations made under section 360”.

“instant game means a form of gambling where prizes are allocated before, or simultaneously with, the sale of a ticket”.

“net proceeds, in relation to gambling, means the turnover of the gambling (less prizes) plus interest or other investment return on that turnover plus any gain above the book value from the sale of gambling assets less—

• “(a) the actual, reasonable, and necessary costs, levies, and taxes incurred in conducting the gambling; and

• “(b) the actual, reasonable, and necessary costs incurred in complying with whichever of the following apply to the gambling:

  • “(i) this Act or any other relevant Act:

  • “(ii) an operator’s licence:

  • “(iii) a venue licence; and

• “(c) the amount by which any gambling asset is depreciated in each year in accordance with generally accepted accounting practice (as defined in section 108) and, where applicable, the depreciation rates set under section 116; and

• “(d) any loss from selling or disposing of a gambling asset at a price or value below the gambling asset's book value at the time of the sale or disposal”.

• “(b) an offence considered by the Secretary or the Gambling Commission (as the case may be) to be relevant; or”.

• “(a) includes—

  • “(i) gambling by a person at a distance by interaction through a communication device; or

  • “(ii) the conduct of gambling described in subparagraph (i) by a person; but”.

“responsible gambling means lawful participation in gambling—

• “(a) that is lawful, fair, and honest; and

• “(b) conducted—

  • “(i) in a safe and secure environment; and

  • “(ii) without pressure or devices that encourage or may encourage gambling at levels that cause or may cause harm; and

• “(c) by informed participants who understand the nature of the activity and do not participate in ways that cause or may cause harm; and

• “(d) conducted in a manner that is consistent with the general law of New Zealand, including being consistent with the maintenance of law and order”.

• “(c) the person is not required to pay direct or indirect consideration other than to purchase the goods or services promoted (except the cost, at the standard rate, incurred in submitting an entry into the promotion, for example, the cost of postage at the standard rate or sending a telecommunication by mobile telephone at the standard rate); and”.

“venue operator means the occupier of a class 4 venue for which the licence application was required under section 65(3) to be accompanied by a class 4 venue agreement where the occupier owns the primary business at the venue”.

• “(2A) For the purposes of the definition of sales promotion scheme, the reference to standard rate means a rate that—

  • “(a) is determined solely by a telecommunications provider or other service provider who is not associated with the sales promotion scheme; and

  • “(b) relates solely to the communication cost incurred in submitting an entry into the promotion and does not reflect cost incurred in participating in the promotion.

• “(2B) In this Act, a reference to possibility, in relation to problem gambling or underage gambling, is a reference to risk, and vice versa.”

“5 Extended meaning of conduct

• In this Act, conduct, in relation to gambling, includes any of the following activities:

  • “(a) organising, using, managing, supervising, and operating (but not playing) gambling or gambling equipment:

  • “(b) distributing the turnover of gambling (for example, by paying prizes, meeting costs, or making grants):

  • “(c) selling tickets to participate in gambling:

  • “(d) promoting gambling:

  • “(e) assisting in activities described in paragraphs (a) to (d).”

“8A Act binds the Crown

• This Act binds the Crown.”

• “(1) Decisions on what constitutes an increase in the opportunities for casino gambling are a function of the Gambling Commission.”

“17 Regulations may restrict or prohibit prizes

• “(1) The Governor-General may, by Order in Council, make regulations that, consistent with the purpose of this Act, restrict or prohibit any property (whether real or personal) or services being offered or used as a prize for gambling.

  “(2) Regulations made under subsection (1) may—

  • “(a) specify a quantity or dollar value of any property or services that may not be offered or used as a prize for gambling:

  • “(b) specify circumstances in which—

    • “(i) any property or services may not be offered or used as a prize for gambling:

    • “(ii) a quantity or dollar value of any property or services may not be offered or used as a prize for gambling:

  • “(c) apply to all gambling or to particular games, or categories, classes, or forms of gambling.

  “(3) Gambling that offers or uses any property or services as a prize in breach of regulations made under subsection (1) is illegal gambling.

  “(4) In this section, property or services includes an entitlement to property or services.”

“17A Retail value of non-cash prize must be stated

• “(1) A person who is conducting gambling must inform participants, at the time and place of sale of the tickets, of the retail value and characteristics of any non-cash prize offered or used as a prize for the gambling.

  “(2) Gambling that offers or uses any non-cash prize in breach of subsection (1) is illegal gambling.”

• “(1) The Secretary may, by notice in the Gazette, categorise any game, or category or class of game, or form of gambling, as being included in or excluded from a class of gambling if the Secretary considers that—

  • “(a) the categorisation contributes to achieving the purpose of this Act; and

  • “(b) the level of risk associated with the game, or category or class of game, or form of gambling justifies the categorisation.”

• “(da) there are game rules for the gambling; and”.

• “(da) there are game rules for the gambling; and”.

• “(ba) there are game rules for the gambling; and”.

“30 Meaning of class 4 gambling

• In this Act, class 4 gambling is gambling that satisfies the following criteria:

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

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

  • “(c) there are game rules for the gambling; and

  • “(d) the gambling, and the conduct of the gambling, satisfies relevant game rules; and

  • “(e) either—

    • “(i) the Secretary has categorised the gambling as class 4 gambling and not as another class of gambling; or

    • “(ii) the gambling utilises or involves a gaming machine.”

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

  • “(a) for the purposes of—

    • “(i) a class 4 operator's licence or class 4 venue licence; or

    • “(ii) an application for, or the renewal or amendment of, either licence; and

  • “(b) that, for the purposes of a class 4 operator's licence or a class 4 venue licence, apply net proceeds from class 4 gambling to an authorised purpose.

• “(1A) Despite subsection (1)(b) and to avoid doubt, section 52A does not apply to the New Zealand Racing Board or a racing club.”

“34 Meaning of casino gambling

• In this Act, casino gambling—

  • “(a) means gambling—

    • “(i) for which there are game rules; and

    • “(ii) that satisfies those game rules; and

    • “(iii) which is conducted in accordance with those game rules; and

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

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

“38A Continuing obligations of class 3 operator

• Every society that holds a class 3 operator’s licence must, in relation to class 3 gambling conducted by the society, ensure that at all times—

  • “(a) the purpose of that gambling is to raise money for authorised purposes; and

  • “(b) the net proceeds from that gambling are maximised and the operating costs of that gambling are minimised; and

  • “(c) the costs incurred in conducting that gambling are actual, reasonable, and necessary; and

  • “(d) the net proceeds from that gambling are applied to or distributed for authorised purposes; and

  • “(e) all applicable regulatory requirements are complied with.”

• “(ab) the Secretary is not satisfied that the applicant complies with section 38A; or”.

• “(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 complies with section 38A; or

  • “(c) the Secretary is not satisfied that the applicant will comply with all relevant requirements of this Act, including the obligations set out in section 38A, minimum standards, game rules, and licence conditions.”

• “(b) the society is failing, or has failed, to comply with the obligations set out in section 38A or with any other relevant requirements, minimum standards, game rules, or licence conditions of this Act; or”.

• “(3) The Secretary may exercise the power of suspension conferred by this section in respect of any breach that falls within any of paragraphs (a) to (c) of subsection (1), whether or not—

  • “(a) the breach continues at the time that the power is exercised or is proposed to be exercised:

  • “(b) a penalty is prescribed for the breach.”

• “(c) the reason for the suspension.”

• “(4A) Where the licence is suspended because of a continuing breach, the Secretary must notify the society of—

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

  • “(b) the consequences of not dealing with the matters identified.”

• “(da) in the case of an applicant that proposes to apply some or all of its net proceeds from the class 4 gambling to an authorised purpose, information to assist the Secretary to determine whether the applicant meets the requirements of section 52A(1); and”.

• “(iv) been a director of a company that has been placed in receivership or put into liquidation, and been involved in the events leading to the company being placed in receivership or put into liquidation:

• “(v) been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993:

• “(vi) been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006; and”.

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

“52A Circumstances in which corporate society may apply net proceeds to authorised purpose

• “(1) A corporate society may apply some or all of its net proceeds to an authorised purpose only if the Secretary is satisfied that the corporate society’s primary activity is itself an authorised purpose and the conduct of gambling by the corporate society is only incidental to that activity.

  “(2) When considering whether subsection (1) applies to a corporate society, the Secretary may take the following into account:

  • “(a) whether the corporate society can demonstrate a significant history of carrying out activities that are authorised purposes; and

  • “(b) whether the corporate society’s governing document is consistent with the corporate society having a primary objective of carrying out activities that are authorised purposes.

  “(3) When considering whether subsection (1) applies to a corporate society that is a club, the Secretary may also take the following into account:

  • “(a) whether the club has, or had before merging under section 95, a significant history of operating as a club for club purposes; and

  • “(b) whether the club has substantial active membership.”

“53A Continuing obligations of class 4 operator

• Every corporate society that holds a class 4 operator’s licence must, in relation to class 4 gambling conducted by the corporate society, ensure that, at all times,—

  • “(a) the purpose of conducting that gambling is to raise money for authorised purposes; and

  • “(b) the net proceeds from that gambling are maximised and the operating costs of that gambling are minimised; and

  • “(c) the costs incurred in conducting that gambling are actual, reasonable, and necessary; and

  • “(d) the net proceeds from that gambling are applied to, or distributed for, authorised purposes; and

  • “(e) the risks of problem gambling posed by that gambling are minimised; and

  • “(f) all applicable regulatory requirements are complied with.”

• “(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 complies with section 53A; or

  • “(c) the Secretary is not satisfied that the applicant will comply with all applicable regulatory requirements of this Act, including the obligations set out in section 53A, minimum standards, game rules, Gazette notices, and licence conditions.”

• “(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 complies with section 53A; or

  • “(c) the Secretary is not satisfied that the applicant will comply with all relevant requirements of this Act, including the obligations set out in section 53A, minimum standards, game rules, Gazette notices, and licence conditions.”

• “(b) the corporate society is failing, or has failed, to comply with all relevant requirements of this Act, including the obligations set out in section 53A, minimum standards, game rules, Gazette notices, and licence conditions; or”.

• “(3) The Secretary may exercise the power of suspension conferred by this section in respect of any breach that falls within any of paragraphs (a) to (d) of subsection (1) whether or not—

  • “(a) the breach continues at the time that the power is exercised or is proposed to be exercised:

  • “(b) a penalty is prescribed for the breach.”

• “(c) the reason for the suspension.”

• “(4A) Where the licence is suspended because of a continuing breach, the Secretary must notify the society of—

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

  • “(b) the consequences of not dealing with the matters identified.”

• “(s) the applicant is able to comply with all other applicable regulatory requirements.”

“69A Continuing obligations of corporate society in relation to class 4 venue licence

• A corporate society that holds a class 4 venue licence must, in relation to class 4 gambling conducted at the class 4 venue for which the licence is held, ensure that, at all times,—

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

  • “(b) the corporate society owns all gambling equipment (except for electronic monitoring systems) that it operates at the venue; and

  • “(c) the corporate society does not operate any gambling equipment that is financed by the manufacturer, distributor, or vendor of the equipment; and

  • “(d) all gambling equipment operated at the venue meets relevant minimum standards; and

  • “(e) the venue is not used mainly for operating gaming machines; and

  • “(f) if the New Zealand Racing Board is the licensee, the venue is used mainly for racing betting or sports betting; and

  • “(g) the risk of problem gambling is minimised.”

• “(ca) the name of the class 4 venue; and”.

• “(fa) conditions to minimise the possibility of problem gambling at the venue:”.

• “(da) the venue manager changes:”.

• “(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 complies with section 69A; or

  • “(d) the Secretary is not satisfied that the applicant will comply with all relevant requirements of this Act, including the obligations set out in section 69A, minimum standards, game rules, Gazette notices, and licence conditions.”

• “(5) The Secretary must refuse to amend 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 complies with section 69A; or

  • “(d) the Secretary is not satisfied that the applicant will comply with all relevant requirements of this Act, including the obligations set out in section 69A, minimum standards, game rules, Gazette notices, and licence conditions.”

• “(b) the corporate society is failing, or has failed, to comply with all relevant requirements of this Act, including the obligations set out in section 69A, minimum standards, game rules, Gazette notices, and licence conditions; or”.

• “(3) The Secretary may exercise the power of suspension conferred by this section in respect of any breach that falls within any of paragraphs (a) to (d) of subsection (1) whether or not—

  • “(a) the breach continues at the time that the power is exercised or is proposed to be exercised:

  • “(b) a penalty is prescribed for the breach.”

• “(c) the reason for the suspension.”

• “(4A) Where the licence is suspended because of a continuing breach, the Secretary must notify the society of—

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

  • “(b) the consequences of not dealing with the matters identified.”

• “(aa) the manufacturer, model, and serial number of the gaming machine and any other details necessary to identify the gaming machine with ease; and”.

• “(1) The holder of a class 4 operator’s licence must connect the following gambling equipment to an electronic monitoring system specified by the Secretary in a notice to the holder:

  • “(a) all gaming machines under the holder’s control; and

  • “(b) any other gambling equipment, or classes of gambling equipment, specified by the Secretary by notice in the Gazette.”

• “(a) to particular corporate societies or classes of corporate society:”.

• “(6) A notice under subsection (1)(b) is a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.”

• “(2) Despite subsection (1), the Secretary may appoint 1 or more persons that the Secretary considers to be suitable to implement and operate 1 or more electronic monitoring systems in order to facilitate the transfer of an electronic monitoring system from the person appointed under subsection (1) to another person.”

• “(3) The Minister may approve an application under subsection (2) as the Minister sees fit.”

• “(3) The Minister may approve an application under subsection (2) as the Minister sees fit.”

• “(5A) On the issue of a new class 4 venue licence,—

  • “(a) the Secretary must cancel any previous class 4 venue licences held by the corporate society, and there is no right of appeal against that cancellation; and

  • “(b) a corporate society may not, within 6 months after the cancellation, submit an application for a class 4 venue licence in relation to any of the class 4 venues referred to in paragraph (a).”

“98 When territorial authority consent required

• A territorial authority consent is required in the following circumstances:

  • “(a) if a corporate society proposes to increase the number of gaming machines that may be operated at a class 4 venue (whether by way of an application for, or amendment to, a class 4 venue licence, and whether or not in association with an application for ministerial discretion under section 95 or 96):

  • “(b) if a corporate society applies for a class 4 venue licence and a class 4 venue licence has not been held by any corporate society for the venue within the last 6 months:

  • “(c) if a corporate society proposes, in accordance with a relocation policy of the territorial authority, to change the venue to which a class 4 venue licence currently applies.”

• “(5) A territorial authority consent for a class 4 venue expires 6 months after its date of issue if no application for a class 4 venue licence in relation to the venue has been submitted.”

• “(1) A venue manager must bank all gaming machine profits from class 4 gambling directly into a dedicated account for gaming machine profits specified by, and in the name of, the holder of the class 4 operator’s licence at a registered bank in New Zealand.”

• “(3) If a venue manager contravenes subsection (1) or (2), the holder of the class 4 operator’s licence—

  • “(a) must advise the Secretary of the contravention as soon as possible after becoming aware of the contravention; and

  • “(b) must immediately—

    • “(i) take steps to disable all gaming machines at the class 4 venue and advise the Secretary of the disablement; or

    • “(ii) request the Secretary to disable all gaming machines at the class 4 venue by means of the electronic monitoring system; and

  • “(c) must not subsequently enable, or if paragraph (b)(ii) applies, request the Secretary to enable, the gaming machines at the class 4 venue until the gaming machine profits have been banked in accordance with subsection (1).”

• “(5) In this section and sections 105 and 105A, gaming machine profits means the turnover of class 4 gambling minus the total prizes paid.”

• “(1) The holder of a class 4 operator’s licence must ensure that the interest or other investment return on the gaming machine profits referred to in section 104, plus any gain above the book value from the sale of gambling assets, is credited directly to or banked directly into (as the case may be) a dedicated account for gaming machine profits in the name of the holder of the class 4 operator’s licence at a registered bank in New Zealand.”

“105A Management of gaming machine profits bank account

• “(1) The holder of a class 4 operator’s licence must not meet the costs of the class 4 gambling operation or apply funds to, or distribute funds for, authorised purposes except from a dedicated account for gaming machine profits referred to in section 104(1) or 105(1).

  “(2) Unless the Secretary gives consent to some or all of the gaming machine profits, interest, investment return, and any gain above the book value from the sale of gambling assets being transferred to another bank account, the gaming machine profits, interest, investment return, and any gain above the book value from the sale of gambling assets must remain in the account for the gaming machine profits until the class 4 operator either—

  • “(a) uses the gaming machine profits, interest, investment return, and any gain above the book value from the sale of gambling assets to meet the costs of the class 4 gambling operation; or

  • “(b) applies the gaming machine profits, interest, investment return, and any gain above the book value from the sale of gambling assets to, or distributes the gaming machine profits, interest, investment return, and any gain above the book value from the sale of gambling assets for, authorised purposes.

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

• “(1A) To avoid doubt, the requirement in subsection (1) for a corporate society to apply or distribute the net proceeds from class 4 gambling is subject to the restriction in section 52A relating to the circumstances in which a corporate society may apply, rather than distribute, those net proceeds.”

• “(1) A corporate society that has not operated class 4 gambling for a period of more than 4 weeks must, unless it has notified the Secretary and the Secretary has agreed that it may remain inactive for a further specified period,—

  • “(a) report to the Secretary within 20 working days of the end of that 4-week period on how and when it proposes to apply or distribute the remaining net proceeds to or for authorised purposes; and

  • “(b) promptly sell all gambling assets and apply or distribute any gain above the book value from the sale of gambling assets to or for authorised purposes; and

  • “(c) promptly apply or distribute all other remaining net proceeds from its conduct of class 4 gambling to or for authorised purposes.

• “(1A) A corporate society that has applied or distributed net proceeds in accordance with subsection (1)(b) or (c) must report to the Secretary on the relevant standard form, within 5 working days of the application or distribution to or for authorised purposes, on—

  • “(a) any gain above the book value from the sale of gambling assets; and

  • “(b) the final application or distribution of net proceeds from class 4 gambling under subsection (1).”

• “(c) provide, or be involved in decisions about who will provide, goods or services to the corporate society that conducts gambling at the class 4 venue; or”

• “(1A) Subsection (1)(c) does not apply—

  • “(a) to a person who is a key person in relation to the class 4 venue licence only because that person services gambling equipment at the class 4 venue; or

  • “(b) to the provision of services listed in the class 4 venue agreement.”

“115A Duty on grant recipients

• “(1) A grant recipient who receives a grant of net proceeds from class 4 gambling must use the grant—

  • “(a) only for the specific authorised purpose for which it was granted; and

  • “(b) in accordance with any conditions consistent with this Act attaching to the grant.

  “(2) A grant recipient who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.”

• “(1) The Secretary may, by notice in the Gazette,—

  • “(a) set limits on, or exclude, the costs that may be incurred by a corporate society that conducts class 4 gambling:

  • “(b) set the rates of depreciation for gambling assets acquired by a corporate society in respect of class 4 gambling.”

• “(3A) Any other person involved in making decisions on grant applications made to the holder of a class 4 operator’s licence must not knowingly receive or seek money, a benefit, an advantage, a privilege, or a gift from a grant recipient (or potential grant recipient) if the receipt has a condition attached to it, and whether the receipt or condition is direct, indirect, formal, informal, or otherwise.”

• “(iv) whether the applicant or person has been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993; and

• “(v) whether the applicant or person has been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006; and”.

• “(1A) The Gambling Commission may exercise the power of suspension conferred by this section in respect of any breach that falls within section 144(a) or (c) whether or not—

  • “(a) the breach continues at the time that the power is exercised or is proposed to be exercised:

  • “(b) a penalty is prescribed for the breach.”

• “(c) where the casino licence is suspended because of a continuing breach,—

  • “(i) the matters to be dealt with in order for the Gambling Commission to consider withdrawing the suspension before the end of the suspension period; and

  • “(ii) the consequences of not dealing with the matters identified; and”.

• “(iv) whether the applicant has been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993; and

• “(v) whether the applicant has been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006.”

• “(c) 12 months after the holder of the certificate of approval ceases to be employed by, or contracted to, the holder of a casino licence—

  • “(i) to do activities to which section 158(2) applies; or

  • “(ii) to perform the services referred to in section 158(4); or

  • “(iii) as a casino employee in any class prescribed in regulations made under section 371(1)(f); or”.

• “(aa) the manufacturer, model, and serial number of the gaming machine and any other details necessary to identify the gaming machine with ease; and”.

• “(2) In determining whether an applicant is suitable for a licensed promoter'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 7 years,—

    • “(i) been convicted of a relevant offence:

    • “(ii) held, or been a key person in relation to, a licence under this Act or previous gaming Acts that has been cancelled, or suspended, or for which an application for renewal has been refused:

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

    • “(iv) been a director of a company that has been placed in receivership or put into liquidation, and been involved in the events leading to the company being placed in receivership or put into liquidation:

    • “(v) been prohibited or disqualified from acting as a director or promoter of, or in any way, whether directly or indirectly, being concerned or taking part in the management of, a company under section 382, 383, or 385 of the Companies Act 1993:

    • “(vi) been prohibited from acting as a director or directly or indirectly being concerned, or taking part, in the management of a company under section 299 of the Insolvency Act 2006:

  • “(b) 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; and

  • “(c) the financial position and credit history of the applicant and each key person.”

“203A Significant changes in relation to licensed promoter’s licence must be notified

• “(1) A licensed promoter must notify the Secretary and provide details of significant changes to the information supplied in, or accompanying, an application for a licence or an amendment to or renewal of a licence.

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

  “(3) The powers and obligations in section 200 apply to a notification of changes as if the notification were an application for a licensed promoter’s licence.

  “(4) The Secretary may require the licensed promoter to apply for an amendment to the licence under section 205A or may invoke the suspension or cancellation provisions under section 206 or 207 as a result of the notification of changes.”

“205A Amending licensed promoter’s licence

• “(1) A licensed promoter must apply to the Secretary to amend that licensed promoter’s licence if he, she, or it proposes to make any change that impacts on the licensed promoter’s ability to continue to comply with this Act or the licence.

  “(2) An application must be on the relevant standard form.

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

  “(4) Sections 200 and 201 apply to an application for amendment as if it were an application for a licensed promoter’s licence.

  “(5) The Secretary must refuse to amend a licensed promoter’s licence if any investigations carried out by the Secretary cause the Secretary not to be satisfied about any of the matters specified in section 201.”

“225A Protection of Gambling Commission and Department

• “(1) The Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission under section 228 is not liable—

  • “(a) for any act or omission by reason only of being the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing those services; or

  • “(b) for any act or omission by him or her, in the performance or intended performance of the Gambling Commission’s functions, unless done in bad faith.

  “(2) The Secretary may indemnify the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission under section 228 for costs incurred by him or her in a proceeding that relates to acts or omissions by him or her in good faith in the performance or intended performance of the Gambling Commission’s functions.

  “(3) The Secretary may effect insurance for the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission under section 228 in relation to—

  • “(a) liability (other than criminal liability) for any act or omission in the performance or intended performance of the Gambling Commission’s functions; and

  • “(b) costs incurred in any proceeding relating to that liability or in any criminal proceedings.

  “(4) In this section,—

  • “(a) references to the Chief Gambling Commissioner, a Gambling Commissioner, or a person providing services to the Gambling Commission include references to a former Chief Gambling Commissioner, a former Gambling Commissioner, and a person who formerly provided services to the Gambling Commission under section 228:

  • “(b) effect insurance and indemnify have the same meanings as in section 294.”

• “(1) The Gambling Commission may, as it thinks fit, sit as a division to carry out any of its functions under section 224.

• “(2) If the Gambling Commission decides to sit as a division, the division must consist of up to 3 members, including the Chief Gambling Commissioner or a Gambling Commissioner acting on behalf of the Chief Gambling Commissioner.”

• “(4A) To avoid doubt, a casino licence remains in force (unless it expires or is surrendered) until all appeals are decided, or the period for appeal expires.”

• “(4) A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, must take all reasonable steps to ensure that the policy is used to identify actual or potential problem gamblers.”

• “(6) A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, who contravenes subsection (4) commits an offence and is liable on conviction to a fine not exceeding $5,000.”

“309A Duty to assist problem gambler if ongoing concern exists

• A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, must take all reasonable steps to assist a person including, if appropriate, issuing the person with an exclusion order under section 309(3) if—

  • “(a) the venue manager or the holder of the casino operator’s licence, or a person acting on behalf of either of those persons, has already approached the person and provided information or advice to the person about problem gambling under section 309(1); and

  • “(b) the person has not requested that he or she be issued with an exclusion order under section 310(1) (which relates to the exclusion of a self-identified problem gambler); and

  • “(c) the person’s ongoing gambling or other behaviour at the venue means that the venue manager or the holder of the casino operator’s licence, or a person acting on behalf of either of those persons, still has reasonable grounds to believe that the person is a problem gambler.”

• “(1A) A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, may refuse to issue an exclusion order under subsection (1) if—

  • “(a)  the person requesting the order fails or refuses to comply with a request to—

    • “(i) provide the person’s name and date of birth; and

    • “(ii) either provide a recent photograph of the person or consent to a photograph of him or her being taken; or

  • “(b) the quality of the photograph referred to in paragraph (a)(ii) is such that the person cannot be readily identified.”

“312 Offences relating to breach of exclusion order

• “(1) Every person commits an offence who enters the gambling area of a class 4 venue or casino venue—

  • “(a) in breach of an exclusion order issued under section 309(3) or 310(1); or

  • “(b) in breach of a condition of re-entry imposed under section 309(4) or 310(2).

  “(2) Every venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, commits an offence who, after having received a request under section 310(1) that includes the information specified in section 310(1A), fails to issue an exclusion order to a self-identified problem gambler.

  “(3) Every venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, commits an offence who—

  • “(a) allows a person who is subject to an exclusion order under section 310(1) to enter the gambling area of a class 4 venue or casino venue; or

  • “(b) fails to remove a person who has entered those areas—

    • “(i) in breach of an exclusion order issued under section 310(1); or

    • “(ii) in breach of a condition of re-entry imposed under section 310(2).

  “(4) It is a defence to a charge under subsection (3) if the defendant proves that—

  • “(a) there were procedures in place at the venue to prevent a person subject to an exclusion order issued under section 310(1) from entering, or remaining in, the gambling area of the class 4 venue or casino venue; and

  • “(b) the defendant had reasonable grounds to believe that those procedures would be effective in preventing a person subject to an exclusion order issued under section 310(1) from entering, or remaining in, the gambling area of the class 4 venue or casino venue; and

  • “(c) despite the breach of subsection (3), the defendant took all reasonable steps to ensure that those procedures were complied with.

  “(5) Every person who commits an offence—

  • “(a) against subsection (1) is liable on conviction to a fine not exceeding $500:

  • “(b) against subsection (2) or (3) is liable on conviction to a fine not exceeding $5,000.”

“312A Duty to keep record of excluded persons

• Every holder of a class 4 venue licence or casino operator’s licence must,—

  • “(a) in relation to each person excluded from the class 4 venue or casino venue (as the case may be), keep a record of—

    • “(i) the person’s name and date of birth (if provided); and

    • “(ii) whether the person was excluded from the venue under section 309 or 310; and

    • “(iii) the date on which the exclusion order was issued and the date of its expiry; and

    • “(iv) any conditions imposed on the person’s re-entry to the venue; and

  • “(b) provide the person's initials and date of birth and the information referred to in paragraph (a)(ii) to (iv) to the Secretary if requested to do so by the Secretary.”

• “(ba) restricting or prohibiting inducements to gamble:”.

• “(ea) regulating the transfer of money to a gaming machine:”.

• “(g) restricting or prohibiting the advertising of gambling, gambling delivery mechanisms, gambling venues, gambling prizes, or any other thing related to gambling, or prescribing codes requiring such advertising to be responsible:”.

• “(ha) specifying minimum standards or content for problem gambling awareness training:”.

• “(iia) the availability of EFTPOS devices in close proximity to gambling equipment at a venue:”.

• “(d) to any particular games, or classes of games, or categories, classes, or forms of gambling.”

• “(a) prescribing 1 or more procedures to enable a venue manager, the holder of a class 4 operator’s licence or the holder of a casino operator’s licence, or a person acting on behalf of any of those persons, to identify problem gamblers (including the sources of information that must or may be considered or sought to assist in identifying problem gamblers):”.

• “(e) take into account any under-recovery or over-recovery of levy (gambling sector by gambling sector) in previous levy periods; and”.

• “R is the estimated under-recovery or over-recovery of levy from a sector in previous levy periods”.

• “(c) the proposed amount of C must take into account the approximate cost to Government of the integrated problem gambling strategy in the 3-year period for which the levy is payable:”.

“320A Levy may be calculated for period of less than 3 years

• “(1) Sections 319 and 320 authorise (but do not require) the calculation of the levy on the basis that—

  • “(a) it will be payable only for a period that commences part-way through the 3-year period to which it relates; but

  • “(b) it is set at a rate sufficient to recover the full cost of the integrated problem gambling strategy for the whole of that 3-year period.

  “(2) Subsection (1) is for the avoidance of doubt.”

“326A Temporary operation of gambling equipment for research or evaluation purposes

• “(1) Despite section 326, the Secretary may, by notice in the Gazette, declare that any gambling equipment may be temporarily operated at a class 4 venue or casino venue without complying with minimum standards if—

  • “(a) the operation of the gambling equipment is primarily for research or evaluation purposes for the purpose of this Act; and

  • “(b) the methodology of the research or evaluation proposal is approved by the department responsible for the integrated problem gambling strategy; and

  • “(c) the gambling equipment used for the research or evaluation purposes is to be operated for no longer than 12 months; and

  • “(d) the operation of the gambling equipment complies with all other relevant requirements of this Act.

  “(2) A declaration made under subsection (1) must include the following information and conditions:

  • “(a) the purpose of the research or evaluation; and

  • “(b) the commencement and expiry date of the research or evaluation; and

  • “(c) the name of the gambling operator who will conduct the gambling at the venue at which the research or evaluation will take place; and

  • “(d) the address and a description of the venue at which the gambling will be conducted; and

  • “(e) details of the gambling equipment that may be operated at the venue for the research or evaluation purposes; and

  • “(f) any other conditions that the Secretary thinks fit, including conditions relating to—

    • “(i) the management of the research or evaluation:

    • “(ii) the ownership of the data generated by the research or evaluation:

    • “(iii) the management of the gambling that will be conducted, including records that must be kept and reporting requirements:

    • “(iv) the need to minimise the possibility of problem gambling while conducting the research or evaluation:

    • “(v) the need to encourage responsible gambling while conducting the research or evaluation:

    • “(vi) the areas within a venue that are the only areas permitted for operating gambling equipment in conducting the research or evaluation; and

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

  “(3) The Secretary may revoke an approval given under subsection (1) at any time during the conduct of the research or evaluation.

  “(4) The Secretary may consider a request from any person to make a declaration under subsection (1).”

• “(4) For the purposes of this section, the Secretary—

  • “(a) may specify the types of information that may be required under subsection (1) or (2); and

  • “(b) may specify the manner and form in which that information must be collected and provided to the Secretary; and

  • “(c) may require that information to be provided regularly, at specified intervals or in respect of specified periods; and

  • “(d) must make any statistical information collated by the Secretary from that information available on the Department's Internet site, or in another electronic form that is easily accessible to the public, within a reasonable time after that information is collated.”

• “(1) The Secretary may make rules and amend or revoke rules made—

  • “(a) for playing or participating in particular games or classes of games, or categories, classes, or forms of gambling; and

  • “(b) for the systems, processes, information, and documentation associated with particular games or classes of games, or categories, classes, or forms of gambling.”

“370A Regulations relating to offences

• The Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

  • “(a) prescribing offences in respect of the contravention of any regulation or game rule made under this Act:

  • “(b) prescribing the penalty for each offence under paragraph (a), which,—

    • “(i) in the case of a licence holder, must not exceed $10,000:

    • “(ii) in the case of an individual, must not exceed $5,000.”

• “(da) specifying the time frame within which, and the accounts from which, the costs incurred in conducting gambling must be met:

• “(db) specifying the time frame within which, and the accounts from which, funds must be applied to or distributed for authorised purposes:”.

s 105A

Management of bank accounts for gaming machine profits

$2,500

“corporate society has the same meaning as in section 4(1) of the Gambling Act 2003”.

“gross proceeds, in relation to gambling, means the turnover of the gambling, less prizes, plus interest or other investment return on that turnover, plus any gain above the book value from the sale or disposal of gambling assets”.