AUSTRALIAN CAPITAL TERRITORY

Gaming Machine (Amendment)
Act (No. 3) 1997
No. 103 of 1997
	
An Act to amend the Gaming Machine Act 1987
[Notified in ACT Gazette S420: 24 December 1997]
	The Legislative Assembly for the Australian Capital Territory enacts as follows:
Short title
1.  This Act may be cited as the Gaming Machine (Amendment) Act (No. 3) 1997.
Commencement
2.  (1)  Sections 1, 2 and 3 commence on the day on which this Act is notified in the Gazette.
(2)  Sections 4 and 5 commence on a day fixed by the Minister by notice in the Gazette.
(3)  If sections 4 and 5 have not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, those sections, by force of this subsection, commence on the first day after the end of that period.
Principal Act
3.  In this Act, “Principal Act” means the Gaming Machine Act 1987.1
Interpretation
4.  Section 4 of the Principal Act is amended by omitting the definition of “licensee” and substituting the following definition:
“ ‘licensee’ means—
	(a)	in relation to a licence—the holder of the licence; and
	(b)	in relation to licensed premises—the holder of the licence in force in respect of those premises;”.
Insertion
5.  After Part V of the Principal Act the following Part is inserted:
 “PART VA—GAMING AREAS
Interpretation
“51A.  In this Part—
‘gaming area’, in relation to licensed premises, means a room or other area within the premises in which gaming machines are installed.
Warning notices
“51B.  (1)  A licensee shall ensure that a warning notice is displayed in a prominent position—
	(a)	on each gaming machine installed on the licensed premises; and
	(b)	at or near the entrance to each gaming area within the licensed premises.
“(2)  A licensee shall not, without reasonable excuse, contravene subsection (1).
Penalty:
	(a)	in the case of a natural person—5 penalty units or imprisonment for 6 months, or both; 
	(b)	in the case of a body corporate—25 penalty units.
“(3)  Subsections (1) and (2) do not apply unless an instrument under subsection (4) has effect.
“(4)  The Minister may, by instrument, determine—
	(a)	the form and minimum dimensions of a warning notice; and
	(b)	the text of a warning notice, being information about—
	(i)	risks associated with gambling; and
	(ii)	counselling or other support services available in relation to addictive or excessive gambling.
“(5)  An instrument under subsection (4) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
“(6)  An instrument under subsection (4) takes effect—
	(a)	on the date specified for the purpose in the instrument; or
	(b)	14 days after the end of the period within which the instrument may cease to have effect by force of the Subordinate Laws Act 1989; 
whichever is the later.
“(7)  In subsection (1)—
‘warning notice’ means a warning notice that, as regards its form, dimensions and text, is in accordance with a determination under subsection (4).
Cash facilities
“51C.  (1)  A licensee shall not provide, or permit the provision of, a cash facility in a gaming area within the licensed premises.
Penalty:
	(a)	in the case of a natural person—50 penalty units or imprisonment for 6 months, or both; 
	(b)	in the case of a body corporate—250 penalty units.
“(2)  In subsection (1)—
‘cash facility’ means—
	(a)	an automatic teller machine;
	(b)	an EFTPOS facility; or
	(c)	any other facility for gaining access to cash or credit.
Lending or extending credit
“51D.  (1)  A licensee or licensee’s employee  shall not—
	(a)	lend or offer to lend money to a person who is in, or appears to be about to enter, a gaming area within the licensed premises; or
	(b)	extend or offer to extend credit to a person for the purpose of enabling the person to play a gaming machine on the licensed premises.
Penalty:
	(a)	in the case of a natural person—50 penalty units or imprisonment for 6 months, or both; 
	(b)	in the case of a body corporate—250 penalty units.”.

NOTES
Principal Act
1.	Reprinted as at 31 January 1995.  See also Acts Nos. 19 and 39, 1995; Nos. 13 and 49, 1997.
Penalty units
See section 33AA of the Interpretation Act 1967.

[Presentation speech made in Assembly on 11 December 1996]

©  Australian Capital Territory 1997