Australian Capital Territory
Casino and Other Gaming Legislation Amendment Act 2018
A2018-21
    
Contents
	Page
Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Casino Control Act 2006
	4	Approval of proposed owner
Section 13 (2)	3
	5	Approval of proposed casino lease
Section 16 (2)	3
	6	Approval of amendment of casino lease
Section 18 (2)	4
	7	Grant of casino licence
Section 21 (4)	4
	8	Transfer of casino licence
Section 30 (4) (c), new note	5
	9	New part 8A	5
	10	Section 141 heading	12
	11	Section 141	12
	12	Section 141 (c)	13
	13	Regulation-making power
New section 144 (2) (d)	13
	14	Dictionary, note 2	13
	15	Dictionary, new definitions	13
Part 3	Casino (Electronic Gaming) Act 2017
	16	Restricted status of acquired authorisations
Section 20, note 2	14
	17	Conversion of restricted authorisations—application
Section 21 (1)	14
	18	Section 21 (4) and (5)	14
	19	Section 22	15
	20	Section 46	17
	21	New section 54A	17
	22	Reviewable decisions
Schedule 1, items 6 and 7	18
	23	New schedule 5	19
Part 4	Gambling and Racing Control Act 1999
	24	New part 6B	28
	25	Dictionary, new definitions	33
Part 5	Gaming Machine Act 2004
	26	Licences, authorisation certificates and authorisations—register and replacement copies
Division 2B.7	35
	27	Licence and authorisation certificate to be kept at premises
Section 41 (2) (b)	35
	28	Licence and authorisation certificate to be available on request
Section 42 (3) (b)	35
	29	New section 52A	36
	30	Acquisition of gaming machines—amendment of authorisation schedule etc
Section 100 (3), notes	37
	31	Storage permit—decision on application
Section 127P (2) (d), note 1	38
	32	Quarantine permits—notification and issue
Section 127Q (3), note	38
Part 6	Gaming Machine (Reform) Amendment Act 2015
	33	Commencement
Section 2 (4)	39

Australian Capital Territory
Casino and Other Gaming Legislation Amendment Act 2018
A2018-21

An Act to amend legislation about the casino and electronic gaming, and for other purposes

    

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1	Preliminary
1	Name of Act
This Act is the Casino and Other Gaming Legislation Amendment Act 2018.
2	Commencement
This Act commences on the day after its notification day.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This Act amends the following legislation:
·	Casino Control Act 2006
·	Casino (Electronic Gaming) Act 2017
·	Gambling and Racing Control Act 1999
·	Gaming Machine Act 2004
·	Gaming Machine (Reform) Amendment Act 2015.

Part 2	Casino Control Act 2006
4	Approval of proposed owner
Section 13 (2)
substitute
	(2)	In deciding whether to approve the sale or other disposal, the Minister must consider any recommendation—
	(a)	made by the commission about the sale or disposal; and
	(b)	made by a casino advisory panel about the sale or disposal, including whether the sale or disposal is in the public interest.
5	Approval of proposed casino lease
Section 16 (2)
substitute
	(2)	In deciding whether to approve the owner entering into the proposed lease with the proposed lessee, the Minister must consider any recommendation—
	(a)	made by the commission about the owner entering into the proposed lease with the proposed lessee; and
	(b)	made by a casino advisory panel about the owner entering into the proposed lease with the proposed lessee, including whether the owner entering into the proposed lease with the proposed lessee is in the public interest.
6	Approval of amendment of casino lease
Section 18 (2)
substitute
	(2)	In deciding whether to approve the amendment, the Minister must consider—
	(a)	any recommendation made by the commission about the amendment; and
	(b)	any recommendation made by a casino advisory panel about the amendment, including whether the amendment is in the public interest; and
	(c)	the likely effect of the amendment on the control and operation of the casino.
7	Grant of casino licence
Section 21 (4)
substitute
	(4)	In deciding whether to grant a casino licence, the Minister must—
	(a)	consider any recommendation made by the commission about the eligibility of a corporation nominated as the proposed casino licensee; and
	(b)	consider any recommendation made by a casino advisory panel about the eligibility of a corporation nominated as the proposed casino licensee, including whether granting a casino licence to the proposed casino licensee is in the public interest; and
	(c)	comply with any criteria prescribed by regulation in relation to the grant of the casino licence.
8	Transfer of casino licence
Section 30 (4) (c), new note
insert
Note	The Minister may grant a casino licence to a proposed casino licensee under s 21 if the proposed licensee is—
	(a)	a corporation; and
	(b)	an eligible person; and
	(c)	if there is a casino lease—the casino lessee or a corporation nominated by the lessee; and
	(d)	if there is no casino lease—the owner of the casino or a corporation nominated by the owner.
In deciding whether to grant a casino licence, the Minister is required to consider any recommendation by the commission and a casino advisory panel in relation to the proposed licensee’s eligibility, including any recommendation by an advisory panel about whether granting the casino licence to the proposed licensee is in the public interest. 
9	New part 8A
insert
Part 8A	Casino advisory panels
136A	Meaning of Ministerial decision—pt 8A
In this part:
Ministerial decision means any of the following:
	(a)	a decision to be made under section 13 (Approval of proposed owner) to approve, or refuse to approve, the sale or other disposal of an owner’s interest in the lease of the casino, or part of the interest, to the proposed owner;
	(b)	a decision to be made under section 16 (Approval of proposed casino lease) to approve, or refuse to approve, the owner of the casino entering into a proposed lease of the casino with someone else;
	(c)	a decision to be made under section 18 (Approval of amendment of casino lease) to approve, or refuse to approve, the amendment of the casino lease;
	(d)	a decision to be made under section 21 (Grant of casino licence) to grant or refuse to grant a casino licence;
	(e)	a decision to be made under section 30 (Transfer of casino licence) to transfer or refuse to transfer the casino licence to another corporation;
	(f)	a decision to be made under the Casino (Electronic Gaming) Act 2017, section 22 (1) (Conversion of restricted authorisations—decision) to approve or refuse to approve the conversion of a restricted authorisation to a casino gaming machine authorisation or casino FATG terminal authorisation. 
136B	Establishment and functions of casino advisory panel
	(1)	Before making a Ministerial decision, the Minister must establish an advisory panel (a casino advisory panel) to make a recommendation about the decision.
	(2)	A casino advisory panel may do any of the following to assist it to make a recommendation:
	(a)	engage a person who has qualifications or experience relevant to the decision;
	(b)	ask any of the following for information:
	(i)	the commission;
	(ii)	the planning and land authority;
	(iii)	the chief police officer;
	(iv)	a Commonwealth, State or Territory authority;
	(v)	anyone else prescribed by regulation.
Note	A member of a casino advisory panel who acquires confidential documents or information under this Act is a gaming officer for the purposes of the Control Act, div 4.4 (Secrecy) (see Control Act, s 34).
	(3)	In this section:
information means information, whether true or not, in any form and includes an opinion or advice.
136C	Sharing of information
	(1)	This section applies if any of the following (an information holder) receives a request from a casino advisory panel for information to assist the panel to make a recommendation:
	(a)	the commission;
	(b)	the planning and land authority;
	(c)	a Territory authority;
	(d)	anyone else prescribed by regulation.
	(2)	The information holder must, as far as practicable, comply with the request.
	(3)	An information holder that gives a casino advisory panel information under this section does not contravene any duty of confidentiality the information holder has under a territory law or agreement, despite anything to the contrary in the law or agreement.
136D	Minister to appoint advisory panel members
	(1)	The Minister must appoint the members of a casino advisory panel.
Note 	For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.  
	(2)	Each panel member is appointed on a part-time basis. 
	(3)	A panel member’s conditions of appointment are the conditions stated in the appointment, subject to any determination under the Remuneration Tribunal Act 1995. 
136E	Membership of casino advisory panel 
	(1)	A casino advisory panel must have at least 3 members.
	(2)	The Minister must ensure that a member of a casino advisory panel has knowledge of and experience in at least 1 of the following disciplines and areas of expertise:
	(a)	law and governance;
	(b)	integrity and probity assessments in relation to significant changes in highly regulated industries;
	(c)	finance, actuarial science or auditing;
	(d)	risk advisory services;
	(e)	urban design and planning;
	(f)	civil engineering and civil works;
	(g)	property development;
	(h)	building work assessments;
	(i)	construction;
	(j)	building surveying;
	(k)	strategies or services that reduce gambling harm;
	(l)	anything else prescribed by regulation. 
	(3)	The Minister must not appoint a person to be a member of a casino advisory panel if the Minister is satisfied on reasonable grounds—
	(a)	the person or the person’s domestic partner has an interest in a business subject to a gaming law; or
	(b)	the person is unlikely to be able to properly exercise the functions of a member because of the person’s business association, financial association or close personal association with someone else; or
	(c)	the person has been convicted or found guilty of an offence against a gaming law or a corresponding law; or
	(d)	within 5 years before the proposed appointment, the person has been convicted, or found guilty, of an offence in Australia punishable by imprisonment for at least 1 year; or
	(e)	within 5 years before the proposed appointment, the person has been convicted, or found guilty, of an offence outside Australia that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year.
	(4)	In this section:
corresponding law means a law of another jurisdiction, whether in or outside Australia, that regulates gaming or racing. 
136F	Casino advisory panel—appointment of chair 
The Minister must appoint a member of a casino advisory panel as chair of the advisory panel.
136G	Disclosure of interests—advisory panel members
	(1)	This section applies if—
	(a)	a member of a casino advisory panel, or a person assisting a casino advisory panel, has a direct or indirect financial interest or personal interest in a matter in relation to a Ministerial decision about which the advisory panel is to make a recommendation; and
	(b)	the interest could conflict with the proper exercise of the advisory panel’s functions in relation to making the recommendation.
	(2)	As soon as practicable after the member, person assisting the advisory panel, or the advisory panel becomes aware of the relevant facts, the member, person or advisory panel must disclose the nature of the interest to the Minister.
	(3)	The member or person must not participate, or further participate, in making the recommendation, unless the Minister directs otherwise.
136H	Casino advisory panel’s report on recommendation 
	(1)	A casino advisory panel must prepare a report of its recommendation in relation to a Ministerial decision for the Minister.
	(2)	Before giving the Minister the report, the advisory panel must give the applicant for the decision—
	(a)	a copy of the report; and
	(b)	written notice stating that the applicant may give the panel written comments about the draft report, or request that an inaccuracy be corrected, before the end of the time stated in the notice.
	(3)	If the advisory panel receives comments or a request to correct an inaccuracy within the time stated in the notice, the advisory panel must consider the comments, and correct the inaccuracy, in preparing the final report for the Minister.
136I	Report on casino advisory panel’s recommendation to be tabled
	(1)	The Minister must present a casino advisory panel’s report to the Legislative Assembly within 6 sitting days after the day the Minister tells the applicant for a Ministerial decision about the decision.
	(2)	If the report includes information that is contrary to the public interest information, the Minister must divide the report into 2 documents, as follows:
	(a)	a document (the protected section) containing the contrary to the public interest information, or part of that information;
	(b)	a document (the disclosable section) containing the rest of the report.
	(3)	If the Minister divides a report, the Minister must include in the disclosable section—
	(a)	a statement to the effect that there is a protected section of the report including contrary to the public interest information; and
	(b)	a general description of the contents of the protected section. 
	(4)	In this section:
contrary to the public interest information—see the Freedom of Information Act 2016, section 16. 
136J	Casino advisory panel—protection from liability
	(1)	A protected person is not civilly liable for conduct engaged in honestly and without recklessness—
	(a)	in the exercise of a function under this part; or
	(b) 	in the reasonable belief that the conduct was in the exercise of a function under this part.
	(2) 	Any civil liability that would, apart from this section, attach to the protected person attaches instead to the Territory.
	(3)	In this section:
conduct means an act or omission to do an act.
protected person means—
	(a)	a member of a casino advisory panel; or
	(b)	a person assisting a casino advisory panel.
10	Section 141 heading
substitute
141	Recommendations of commission and casino advisory panel
11	Section 141
after
made by the commission
insert
or a casino advisory panel
12	Section 141 (c)
after 
the commission
insert
or casino advisory panel
13	Regulation-making power
New section 144 (2) (d)
insert
	(d)	casino advisory panels, including in relation to their procedures and reports.
14	Dictionary, note 2
insert
·	chief police officer
·	Commonwealth
·	domestic partner (see s 169 (1))
·	planning and land authority
·	State
15	Dictionary, new definitions
insert
casino advisory panel—see section 136B. 
Ministerial decision, for part 8A (Casino advisory panels)—see section 136A. 

Part 3	Casino (Electronic Gaming) Act 2017
16	Restricted status of acquired authorisations
Section 20, note 2
omit
the commission
substitute
the Minister
17	Conversion of restricted authorisations—application
Section 21 (1)
omit
the commission
substitute
the Minister for approval
18	Section 21 (4) and (5)
omit
commission
substitute
Minister
19	Section 22
substitute
22	Conversion of restricted authorisations—decision
	(1)	If the Minister receives an application under section 21 for approval to convert a restricted authorisation to a casino gaming machine authorisation or casino FATG terminal authorisation (the conversion), the Minister may—
	(a)	approve the conversion; or
	(b)	refuse to approve the conversion.
Note	If additional information in relation to the application is not given to the Minister within the time stated by the Minister, the Minister may refuse to consider the application (see s 21 (4) and (5) (a)). If the Minister refuses to consider the application, it lapses (see s 21 (5) (b)). 
	(2)	In deciding whether to approve the conversion, the Minister must—
	(a)	consider any recommendation made by the commission in relation to the application, including whether—
	(i)	the location, boundaries and dimensions of the proposed gaming area are suitable for the installation of the number of casino gaming machines or casino FATG terminals stated in the application; and
	(ii)	the control procedures mentioned in section 21 (3) (d) and the gaming rules the casino licensee has adopted for the purpose of controlling the operation of casino gaming machines are adequate for the purpose; and
	(iii)	the casino has sufficient harm minimisation strategies in place for patrons; and
	(b)	consider any recommendation made by a casino advisory panel in relation to the decision, including in relation to the casino licensee’s compliance with any agreement with the Territory in relation to the redevelopment of the casino and the casino precinct.
	(3)	However, the Minister must not approve the conversion unless the planning and land authority has—
	(a)	approved a development proposal by the casino licensee in relation to redevelopment of the casino and the casino precinct; and
	(b)	certified in writing that the casino licensee has completed the stage of development prescribed by regulation for the maximum number of restricted authorisations sought to be converted.
	(4)	If the Minister approves the conversion of a restricted authorisation to a casino gaming machine authorisation or casino FATG terminal authorisation, the commission must convert the restricted authorisation.
	(5)	If the application is for the conversion of 2 or more restricted authorisations, the Minister may approve the conversion of fewer than the number stated in the application if the commission recommends that the size and layout of the proposed gaming area are only suitable for the installation of the lower number of casino gaming machines or casino FATG terminals. 
	(6)	If the Minister refuses to approve the conversion, the Minister must tell the casino licensee, in writing, the reasons for the decision.
Note	For what must be included in a statement of reasons, see the Legislation Act, s 179.
	(7)	In this section:
casino advisory panel—see the Casino Control Act 2006, section 136B. 
20	Section 46
substitute
46	Reviewable decision notices
	(1)	If a decision-maker makes a reviewable decision, the decision-maker must give a reviewable decision notice to the casino licensee.
Note 1	The decision-maker must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2	The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.
	(2)	In this section:
decision-maker, for a reviewable decision, means—
	(a)	the commission; or
	(b)	the Minister.
21	New section 54A
in part 11, insert
54A	Casino (Electronic Gaming) Regulation 2018—sch 5
	(1)	The provisions set out in schedule 5 are taken, on the commencement of this section, to be a regulation made under section 54.
	(2)	To remove any doubt and without limiting subsection (1), the provisions set out in schedule 5 may be amended or repealed as if they had been made as a regulation by the Executive under section 54.
	(3)	Also to remove any doubt, the regulation is taken—
	(a)	to have been notified under the Legislation Act on the day the Casino and Other Gaming Legislation Amendment Act 2018 is notified; and
	(b)	to have commenced on the commencement of this section; and
	(c)	not to be required to be presented to the Legislative Assembly under the Legislation Act, section 64 (1).
	(4)	Subsections (1) to (3) are laws to which the Legislation Act, section 88 (Repeal does not end effect of transitional laws etc) applies.
	(5)	This section and schedule 5 expire on the day they commence. 
22	Reviewable decisions
Schedule 1, items 6 and 7
substitute
6	22 (1)	refuse to approve the conversion of restricted authorisation to casino gaming machine authorisation or casino FATG terminal authorisation 	
7 	22 (5) 	approve the conversion of a lower number of restricted authorisations than the number applied for	
23	New schedule 5
insert
Schedule 5	Casino (Electronic Gaming) Regulation 2018
(see s 54A)

Australian Capital Territory
Casino (Electronic Gaming) Regulation 2018
Subordinate Law SL2018-
made under the
Casino (Electronic Gaming) Act 2017

Part 1	Preliminary
1	Name of regulation
This regulation is the Casino (Electronic Gaming) Regulation 2018.
2	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation, and includes references (signpost definitions) to other terms defined elsewhere in this regulation.
For example, the signpost definition ‘local community, for part 2 (Social impact assessments)—see section 4.’ means that the term ‘local community’ is defined in that section for part 2.
Note 2	A definition in the dictionary (including a signpost definition) applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
3	Notes
A note included in this regulation is explanatory and is not part of this regulation. 
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Part 2	Social impact assessments
4	Definitions—pt 2
In this part:
casino electronic gaming proposal, for a social impact assessment—see section 5 (2).
local community, for a social impact assessment, means the community within 3km of the casino.
relevant casino electronic gaming application means an application for—
	(a)	a casino gaming machine authorisation certificate; or
	(b)	a casino FATG authorisation certificate.
5	Requirements for social impact assessment—Act, s 8 (2) (a)
	(1)	A social impact assessment for a relevant casino electronic gaming application must satisfy the requirements of this section.
	(2)	The assessment must provide an objective analysis of the likely economic and social impact of the operation of casino gaming machines or casino FATG terminals under the proposed authorisation certificate (the casino electronic gaming proposal).
	(3)	The assessment must identify, and provide an analysis of, the positive aspects or benefits of the casino electronic gaming proposal as well as the negative aspects or detriments of the proposal.
	(4)	All statements or material included in the assessment must be—
	(a)	objective rather than subjective or speculative; and
	(b)	based on identifiable factual information.
	(5)	The sources of the information must be clearly and specifically identified.
Examples—sources of information
·	an Australian Bureau of Statistics publication
·	a commission report
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(6)	The assessment must identify—
	(a)	the entities and institutions (the affected entities and institutions) in both the local community and the broader Canberra community that may be affected by the casino electronic gaming proposal; and
	(b)	on a map of the local community included in the assessment, the location of affected entities and institutions in the local community; and
	(c)	the likely impact (both positive and negative) on affected entities and institutions in both the local community and the broader Canberra community.
Examples—affected entities and institutions
·	nearby residences, shops and other business
·	other gambling venues
·	schools
·	sporting and community facilities
·	places of worship
6	Matters to be addressed by social impact assessment—Act, s 8 (2) (b)
	(1)	A social impact assessment for a relevant casino electronic gaming application must address the following matters:
	(a)	the existing level of gaming activity currently being conducted in the local community and the broader Canberra community;
	(b)	the population profile of people living in the local community and the broader Canberra community, including an analysis of—
	(i)	age and average income; and
	(ii)	projected population, and projected growth rate, of the local community and the broader Canberra community;
	(c)	available relevant information about patrons in relation to the relevant premises;
Examples—relevant information
·	where patrons live
·	spending patterns of patrons
·	time spent at the premises by patrons
·	current and anticipated patronage
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(d)	the positive aspects or benefits of the casino electronic gaming proposal for—
	(i)	the local community; and
	(ii)	the broader Canberra community;
	(e)	the negative aspects or detriments of the casino electronic gaming proposal for—
	(i)	the local community; and
	(ii)	the broader Canberra community;
	(f)	the gambling harm minimisation measures proposed to be taken in relation to the casino electronic gaming proposal;
	(g)	the likely overall net economic and social impact of the casino electronic gaming proposal.
	(2)	This section does not limit the matters that may be addressed. 
7	Information to be given in social impact assessment—Act, s 8 (2) (c)
	(1)	To the extent that the information is available to the applicant, the following information must be given in a social impact assessment for a relevant casino electronic gaming application:
	(a)	the number and location of existing gambling outlets in the local community and the broader Canberra community;
	(b)	details of the population of the local community and the broader Canberra community, including the number of adults and average incomes;
	(c)	expected casino gaming machine revenue or casino FATG terminal revenue of the applicant for the next 3 years if the application is approved;
	(d)	expected table gaming revenue of the applicant for the next 3 years if the application is approved;
	(e)	expected community benefit for the next 3 years if the application is approved;
	(f)	expected contributions to assist in gambling harm prevention for the next 3 years if the application is approved;
	(g)	details of the proposed redevelopment of the casino and the casino precinct.
	(2)	This section does not limit the information that may be given in a social impact assessment.

Part 3	Miscellaneous
8	Not casino gaming machines—Act, dict, def casino gaming machine, par (b)
Each of the following devices is not a casino gaming machine:
	(a)	a device for playing a game of skill only;
	(b)	an amusement device that usually involves an element of skill and is played for entertainment only;
Example
a pinball machine
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
	(c)	a device that—
	(i)	is ordinarily found at fairs, fetes or shows; and
	(ii)	usually involves an element of skill; and
	(iii)	is played mainly for entertainment, whether or not a prize is offered or given.
Example—par (c)
‘laughing clowns’ amusement machine

Dictionary
(see s 2)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1 defines the following terms:
·	ACT
·	Legislation Act
·	may (see s 146)
·	must (see s 146)
·	penalty unit (see s 133)
·	public notice
·	under.
Note 3	Terms used in this regulation have the same meaning that they have in the Casino (Electronic Gaming) Act 2017 (see Legislation Act, s 148).  For example, the following terms are defined in the Casino (Electronic Gaming) Act 2017, dict:
·	authorisation
·	authorisation certificate
·	casino FATG authorisation certificate
·	casino FATG terminal
·	casino FATG terminal authorisation
·	casino gaming machine
·	casino gaming machine authorisation
·	casino gaming machine authorisation certificate
·	FATG
·	FATG terminal
·	social impact statement (see s 8).
casino electronic gaming proposal, for a social impact assessment, for part 2 (Social impact assessments)—see section 5 (2).
local community, for a social impact assessment, for part 2 (Social impact assessments)—see section 4.
relevant casino electronic gaming application, for part 2 (Social impact assessments)—see section 4.

Part 4	Gambling and Racing Control Act 1999
24	New part 6B
insert
Part 6B	Licences, authorisation certificates and authorisations—register and replacement copies
51	Definitions—pt 6B
In this part:
authorisation, for electronic gaming, means—
	(a)	an authorisation for a gaming machine under the Gaming Machine Act 2004; and
	(b)	an authorisation for a casino gaming machine or casino FATG terminal under the Casino (Electronic Gaming) Act 2017.
authorisation certificate, for electronic gaming, means—
	(a)	an authorisation certificate for a gaming machine under the Gaming Machine Act 2004; and
	(b)	an authorisation certificate for a casino gaming machine or casino FATG terminal under the Casino (Electronic Gaming) Act 2017.
authorisation number, for electronic gaming, means—
	(a)	an authorisation number for a gaming machine under the Gaming Machine Act 2004; and
	(b)	an authorisation number for a casino gaming machine or casino FATG terminal under the Casino (Electronic Gaming) Act 2017.
authorisation schedule, for electronic gaming, means—
	(a)	an authorisation schedule for an authorisation certificate for a licence for a gaming machine under the Gaming Machine Act 2004; and
	(b)	an authorisation schedule for an authorisation certificate for a casino gaming machine or casino FATG terminal under the Casino (Electronic Gaming) Act 2017.
casino FATG terminal—see the Casino (Electronic Gaming) Act 2017, dictionary.
casino gaming machine—see the Casino (Electronic Gaming) Act 2017, dictionary.
electronic gaming means gaming machines, casino gaming machines, casino FATG terminals and fully-automated table game machines.
gaming machine means a gaming machine under the Gaming Machine Act 2004, dictionary.
general purpose, for a storage permit—see the Gaming Machine Act 2004, dictionary. 
interim purpose, for a storage permit—see the Gaming Machine Act 2004, dictionary. 
licence means—
	(a)	a casino licence granted under the Casino Control Act 2006, section 21; or
	(b)	a licence for a class B or class C gaming machine issued under the Gaming Machine Act 2004.  
Note	Licensee has a meaning corresponding to the meaning of licence (see Legislation Act, s 157).
maximum number, of authorisations—
	(a)	for gaming machines—see the Gaming Machine Act 2004, dictionary; and
	(b)	for casino gaming machines—means the maximum number of authorisations for casino gaming machines the casino licensee is allowed under an authorisation certificate; and
	(c)	for casino FATG terminals—means the maximum number of authorisations for casino FATG terminals the casino licensee is allowed under an authorisation certificate.
permit—see the Gaming Machine Act 2004, dictionary. 
quarantine permit—see the Gaming Machine Act 2004, dictionary. 
storage permit—see the Gaming Machine Act 2004, section 127L. 
52	Licences and authorisation certificates—register
	(1)	The commission must keep a register of licences, authorisation certificates and authorisations.
	(2)	The register must include the following details:
	(a)	the date of issue, amendment or transfer of a licence or authorisation certificate;
	(b)	the date of the suspension or cancellation of a licence or authorisation certificate;
	(c)	for each authorisation certificate included in the register—
	(i)	for an authorisation certificate in relation to gaming machines—the maximum number of authorisations for gaming machines the licensee may have under the authorisation certificate; and
	(ii)	for an authorisation certificate in relation to casino gaming machines or casino FATG terminals—the maximum number of authorisations for casino gaming machines or casino FATG terminals the licensee is allowed under the authorisation certificate; and
	(iii)	the authorisation number for each authorisation; and
	(iv)	details of any gaming machine, casino gaming machine or casino FATG terminal under each authorisation;
	(d)	if a licensee holds a permit—
	(i)	whether the permit is—
	(A)	a storage permit for a general purpose; or
	(B)	a storage permit for an interim purpose; or
	(C)	a quarantine permit; and
	(ii)	for a storage permit for a general purpose—
	(A)	the serial number of each gaming machine to be stored under the permit; and
	(B)	the authorisation number for each machine’s associated authorisation; and
	(iii)	for a storage permit for an interim purpose—the serial number of each gaming machine to be stored under the permit; and
	(iv)	for a quarantine permit—
	(A)	the authorisation number for each authorisation to be stored under the permit; and
	(B)	for each authorisation stored with its associated gaming machine—the serial number of the associated gaming machine;
	(e)	anything else prescribed by regulation. 
	(3)	The register may be kept in any form, including electronically, that the commission decides.
	(4)	The commission may correct an error or omission in the register.
	(5)	A licensee may ask the commission, in writing, to correct an error or omission in the register. 
	(6)	The commission may change a detail included in the register to keep the register up-to-date.
Example
A detail in the register may be changed as a consequence of receiving notification under the Casino (Electronic Gaming) Act 2017, s 49 or the Gaming Machine Act 2004, s 173D about a notifiable action.
Note	An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
53	Licences, authorisation certificates and authorisation schedules—replacement copies
	(1)	This section applies if a licensee’s licence, authorisation certificate or authorisation schedule is lost, stolen or destroyed.
	(2)	The licensee must give the commission a statement verifying the loss, theft or destruction of the licence, authorisation certificate or authorisation schedule as soon as practicable after becoming aware of the loss, theft or destruction.
Note	It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).
	(3)	If the commission receives a statement under subsection (2), the commission must give the licensee a replacement licence, replacement authorisation certificate or replacement authorisation schedule.
25	Dictionary, new definitions
insert
authorisation, for electronic gaming, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51.
authorisation certificate, for electronic gaming, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51.
authorisation number, for electronic gaming, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51.
authorisation schedule, for electronic gaming, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51.
casino FATG terminal, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see the Casino (Electronic Gaming) Act 2017, dictionary.
casino gaming machine, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see the Casino (Electronic Gaming) Act 2017, dictionary.
electronic gaming, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51.
gaming machine, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51. 
general purpose, for a storage permit, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see the Gaming Machine Act 2004, dictionary. 
interim purpose, for a storage permit, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see the Gaming Machine Act 2004, dictionary. 
licence, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51.   
maximum number, of authorisations, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see section 51. 
permit, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see the Gaming Machine Act 2004, dictionary. 
quarantine permit, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see the Gaming Machine Act 2004, dictionary. 
storage permit, for part 6B (Licences, authorisation certificates and authorisations—register and replacement copies)—see the Gaming Machine Act 2004, section 127L. 

Part 5	Gaming Machine Act 2004
26	Licences, authorisation certificates and authorisations—register and replacement copies
Division 2B.7
omit
27	Licence and authorisation certificate to be kept at premises
Section 41 (2) (b)
substitute
	(b)	the licensee has given the commission a statement under the Control Act, section 53 (2) (Licences, authorisation certificates and authorisation schedules—replacement copies); and
28	Licence and authorisation certificate to be available on request
Section 42 (3) (b)
substitute
	(b)	the licensee has given the commission a statement under the Control Act, section 53 (2) (Licences, authorisation certificates and authorisation schedules—replacement copies); and
29	New section 52A
in division 3.3, insert
52A	Application of Casino (Electronic Gaming) Act 2017 to gaming machines operated near casino
	(1)	It is a condition of a licence for a club that, if the licensee is related to the casino licensee and operates a gaming machine within 200m of the boundary of the casino, the gaming machine must be operated in accordance with the Casino (Electronic Gaming) Act 2017, section 26 (Acquiring casino gaming machine under authorisation) and part 7 (Casino gaming machines—pre-commitment system).
	(2)	For subsection (1), the Casino (Electronic Gaming) Act 2017, section 26 and part 7 apply to the operation of the gaming machine as if a reference to—
	(a)	a casino gaming machine included a reference to a gaming machine; and
	(b)	a casino gaming machine authorisation included a reference to an authorisation; and
	(c)	a casino licensee included a reference to a class C licensee.
	(3)	For this section, a licensee is related to the casino licensee if 1 or more of the following apply:
	(a)	the licensee and the casino licensee are related bodies corporate under the Corporations Act, section 50;
	(b)	the licensee and the casino licensee are associated entities under the Corporations Act, section 50AAA;
	(c)	the same person is an influential person for the licensee and the casino licensee;
	(d)	the licensee and the casino licensee have the same registered office;
	(e)	the licensee and the casino licensee have an arrangement or agreement with each other to share employees, resources, facilities or services;
	(f)	there is a financial interdependency between the licensee and the casino licensee; 
	(g)	the licensee and the casino licensee have an arrangement or agreement with each other that gives members of each licensee access to reciprocal benefits from the other licensee;
	(h)	the licensee and the casino licensee use common branding or advertise publicly as related clubs;
	(i)	any other circumstance prescribed by regulation.
	(4)	In this section:
casino means the casino under the Casino Control Act 2006.
casino licensee—see the Casino Control Act 2006, dictionary.
30	Acquisition of gaming machines—amendment of authorisation schedule etc
Section 100 (3), notes
substitute
Note	On receiving a notice under this section, the commission must also amend the register of licences and authorisations to include details about the number of authorisations for gaming machines to be held by the licensee after acquiring the gaming machines mentioned in the notice (see Control Act, s 52 (2)).
31	Storage permit—decision on application
Section 127P (2) (d), note 1
omit
(see s 37H (2) (d))
substitute
(see Control Act, s 52 (2) (d))
32	Quarantine permits—notification and issue
Section 127Q (3), note
omit
(see s 37H (2) (d))
substitute
(see Control Act, s 52 (2) (d))

Part 6	Gaming Machine (Reform) Amendment Act 2015
33	Commencement
Section 2 (4)
substitute
	(4)	If schedule 1 has not commenced within 4 years beginning on the commencement of section 55, it automatically commences on the first day after that period.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 10 May 2018.
2	Notification
	Notified under the Legislation Act on 14 June 2018.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

I certify that the above is a true copy of the Casino and Other Gaming Legislation Amendment Bill 2018, which was passed by the Legislative Assembly on 5 June 2018. 

Clerk of the Legislative Assembly

© Australian Capital Territory 2018