2004
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Ms Roslyn Dundas)

Gaming Machine Amendment Bill 2004 (No 3)

A Bill for
An Act to amend the Gaming Machine Act 1987

    

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

1	Name of Act
This Act is the Gaming Machine Amendment Act 2004 (No 3).
2	Commencement
This Act commences on 1 January 2005.
3	Legislation amended
This Act amends the Gaming Machine Act 1987.
4	Section 51C
omit
5	New section 61A
insert
61A	Cash facilities on licensed premises
	(1)	A licensee commits an offence if the licensee provides any of the following things in a gaming area in the licensed premises:
	(a)	an automatic teller machine;
	(b)	an EFTPOS facility;
	(c)	any other facility for gaining access to cash or credit.
Maximum penalty:  50 penalty units.
Note	The Criminal Code 2002, pt 2.4 (Extensions of criminal responsibility) extends this offence to cover situations where the licensee does not personally provide a cash facility but allows the provision of one by someone else.
	(2)	A licensee commits an offence if the licensee provides an automatic teller machine in the licensed premises in a place other than a gaming area.
Maximum penalty:  50 penalty units.
6	New part 9
insert
Part 9	Transitional
68	Existing automatic teller machines in licensed premises
	(1)	This section applies if, immediately before 1 January 2005—
	(a)	there was an automatic teller machine in licensed premises; and
	(b)	the automatic teller machine was not in a gaming area.
	(2)	The commission may, in writing, exempt the licensee from the operation of section 61A (2) (which makes it an offence to provide an automatic teller machine in licensed premises) in relation to the automatic teller machine for the period stated in the exemption.
	(3)	However, the commission may exempt a licensee only for the period the commission considers is reasonable to allow the licensee to remove the automatic teller machine.
	(4)	An exemption is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
69	Expiry of pt 9
This part expires on 1 January 2008.

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2004.
2	Notification
	Notified under the Legislation Act on	2004.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.