Hon Peter Dunne, in Committee, to move the following amendments:
Clause 5
Replace clause 5(2) (lines 28 to 31 on page 6 and lines 1 and 2 on page 7) with:
Delete clause 5(4) and (5) (lines 5 to 14 on page 7).
After clause 5(9) (after line 9 on page 8) insert:
New clause 17C
After clause 17B (after line 12 on page 14) insert:
17C New section 38A inserted
The following section is inserted after section 38:
“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—
Clause 18
In clause 18 (after line 15 on page 14) insert as subclauses (2) and (3):
New clauses 18A to 18C
After clause 18 (after line 15 on page 14) insert:
18A Amending class 3 operator’s licence
Section 42 is amended by repealing subsection (5) and substituting the following subsection:
18B Suspension or cancellation of class 3 operator’s licence
(1) Section 43(1) is amended by repealing paragraph (b) and substituting the following paragraph:
“(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”.
(2) Section 43 is amended by adding the following subsection:
18C Procedure for suspending, cancelling, or refusing to amend or renew class 3 operator’s licence
(1) Section 44(4) is amended by repealing paragraphs (c) to (e), and substituting the following paragraph:
(2) Section 44 is amended by inserting the following subsection after subsection (4):
New clause 22AA
After clause 22 (after line 29 on page 16) insert:
22AA New section 53A inserted
The following section is inserted after section 53:
“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,—
Clause 22A
Replace clause 22A (lines 30 to 34 on page 16) with:
22A Renewal of class 4 operator’s licence
Section 56 is amended by repealing subsection (5) and substituting the following subsection:
22B Amending class 4 operator’s licence
Section 57 is amended by repealing subsection (5) and substituting the following subsection:
22C Suspension or cancellation of class 4 operator’s licence
(1) Section 58(1) is amended by repealing paragraph (b) and substituting the following paragraph:
“(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”.
(2) Section 58 is amended by adding the following subsection:
Clause 23
Replace clause 23 (lines 1 to 4 on page 17) with:
23 Procedure for suspending, cancelling, or refusing to amend or renew class 4 operator’s licence
(1) Section 59(4) is amended by repealing paragraphs (c) to (e), and substituting the following paragraph:
(2) Section 59 is amended by inserting the following subsection after subsection (4):
Clause 26
After clause 26(1) (after line 23 on page 17) insert:
(1A) Section 67(1)(l) is amended by omitting “for a class 4 venue that is not established before the commencement of this section,”
and substituting “if the application relates to a venue for which a class 4 venue licence was not held at the time of commencement of this section,”
.
New clause 27A
After clause 27 (after line 16 on page 18) insert:
27A New section 69A inserted
The following section is inserted after section 69:
“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,—
Clause 29A
Replace clause 29A (lines 4 to 8 on page 19) with:
29A Renewal of class 4 venue licence
Section 72 is amended by repealing subsection (5) and substituting the following subsection:
29B Amending class 4 venue licence
Section 73 is amended by repealing subsection (5) and substituting the following subsection:
29C Suspension or cancellation of class 4 venue licence
(1) Section 74(1) is amended by repealing paragraph (b) and substituting the following paragraph:
“(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”.
(2) Section 74 is amended by adding the following subsection:
Clause 30
Replace clause 30 (lines 9 to 12 on page 19) with:
30 Procedure for suspending, cancelling, or refusing to amend or renew class 4 venue licence
(1) Section 75(4) is amended by repealing paragraphs (c) to (e), and substituting the following paragraph:
(2) Section 75 is amended by inserting the following subsection after subsection (4):
Clause 34
Replace clause 34(4) (lines 21 to 30 on page 20) with:
Clause 40: new section 98
After paragraph (b) of new section 98 (after line 30 on page 22), insert:
Clause 44
After clause 44(1) (after line 19 on page 23) insert:
After clause 44(2) (after line 2 on page 24) insert:
Clause 45
In clause 45, new section 105(1), replace “fittings, chattels, or gambling equipment purchased from those profits”
(lines 16 and 17 on page 24) with “gambling assets”
.
Clause 46, new section 105A(3)
Omit “summary”
at line 9 on page 25.
Clause 54, new section 115A(2)
Omit “summary”
at line 30 on page 27.
New clause 54A
After clause 54 (after line 31 on page 27) insert:
54A Secretary may limit or exclude costs of corporate society
Section 116 is amended by repealing subsection (1) and substituting the following subsection:
Clause 59
After the heading to clause 59 (after line 31 on page 28) insert:
Replace clause 59(1) (lines 32 and 33 on page 28) with:
New clause 73B
After clause 73A (after line 4 on page 35) insert:
73B Board of Lotteries Commission
Section 240(1) is amended by omitting “5 members”
and substituting “at least 2, and not more than 9, members”
.
Clause 74
Delete clause 74 (lines 5 to 10 on page 35).
Clause 80, new section 308(6)
Omit “summary”
at line 29 on page 35.
Clause 84, new section 312(5)
Omit “summary”
at line 24 on page 39.
Omit “summary”
at line 26 on page 39.
New clause 90A
After clause 89 (after line 15 on page 42) insert:
90A New section 320A inserted
After section 320, insert:
“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—
“(2) Subsection (1) is for the avoidance of doubt.”
Clause 107(1)
Replace clause 107(1) (lines 4 to 6 on page 47) with:
Clause 110
After clause 110(1) (after line 31 on page 47) insert:
New clauses 112 and 113
After clause 111 (after line 12 on page 48) insert:
“Transitional provisions
“112 Notices under section 116(1)(b) to have prospective effect only
A notice under section 116(1)(b) of the principal Act, as enacted by section 54A of this Act, does not apply in respect of any financial year of a corporate society that commenced before the commencement of this Act.
“113 New definition of net proceeds to have prospective effect only
The net proceeds of a corporate society in any financial year that commenced before the commencement of this Act must be determined as if section 5(9A) had not been enacted.”