2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Economic Development)
Gaming Machine Amendment Bill 2011

Contents
	Page

Part 1	Preliminary
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
Part 2	Gaming Machine Act 2004
	4	Applications to be dealt with in order of receipt
Section 10	3
	5	Issue of licences
Section 12 (5) (c)	3
	6	No available gaming machines
Section 17	3
	7	Social impact assessment
Section 18 (1), note	3
	8	Sections 22 to 26	4
	9	Commencement of amendments
Section 28	14
	10	Revocation of uncommenced licence amendments
Section 29 (1) (a)	14
	11	Transfer of licence
Section 32 (1) (c)	14
	12	Sections 35 and 36	15
	13	Part 10 heading	17
	14	New section 153A	18
	15	Reviewable decisions
Schedule 1, item 3	19
	16	Dictionary, definition of certificate of suitability	20
	17	Dictionary, new definition of decrease machines amendment	20
	18	Dictionary, definition of gaming area	20
	19	Dictionary, new definitions	20
Part 3	Gaming Machine Regulation 2004
	20	Required documents for applications—Act, s 11 (2), s 23 (2) and s 31 (2) (c) (ii)
Section 6 (1) (b)	21
	21	Section 7 heading	21
	22	Section 7 (3), definition of GM, paragraph (b)	21
	23	Section 7 (3), definition of TGM, paragraph (b)	21
	24	Definitions—pt 3
Section 9, definition of relevant premises	22
	25	Matters to be addressed by social impact assessment—Act, s 18 (2) (b)
Section 11 (1) (b)	22
	26	Conduct of ballots
Section 14, note	22
	27	Dictionary, note 3	23

2011
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Economic Development)
Gaming Machine Amendment Bill 2011

A Bill for
An Act to amend the Gaming Machine Act 2004 and the Gaming Machine Regulation 2004

    

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

Part 1	Preliminary
1	Name of Act
This Act is the Gaming Machine Amendment Act 2011.
2	Commencement
	(1)	This Act (other than sections 13 and 14) commences on 1 January 2012.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
	(2)	Sections 13 and 14 commence on 1 January 2013.
3	Legislation amended
This Act amends the Gaming Machine Act 2004 and the Gaming Machine Regulation 2004.

Part 2	Gaming Machine Act 2004
4	Applications to be dealt with in order of receipt
Section 10
omit
5	Issue of licences
Section 12 (5) (c)
substitute
	(c)	if the applicant is a club——
	(i)	the number of club members worked out under the regulation; and
	(ii)	the ratio of club members to the number of gaming machines held by the licensee; and
	(iii)	the extent to which the club has contributed to, or is likely to contribute to, the community and supported and benefited the community;
6	No available gaming machines
Section 17
omit
7	Social impact assessment
Section 18 (1), note
substitute
Note	A social impact assessment is required for an initial licence application (see s 11) and some licence amendment applications (see s 23).
8	Sections 22 to 26
substitute
22	Licence amendment—applications
A licensee may apply in writing to the commission for an amendment only to—
	(a)	decrease the number of licensed gaming machines allowed under the licence (a decrease machines amendment); or
Note	Decreasing machines is also dealt with in par (e) and (f).
	(b)	structurally change part of a gaming area at the licensed premises (a structural change amendment); or
	(c)	enable the licensee to temporarily store gaming machines at other premises (a temporary storage amendment); or
	(d)	enable the licensee to relocate to a new venue (a venue relocation amendment); or
	(e)	if the licensee is a club and holds more than 1 licence—decrease the number of gaming machines allowed under 1 or more licences and increase the number allowed under 1 or more other licences, to enable the licensee to relocate the gaming machines (a machine relocation amendment); or
	(f)	if the licensee is a club—decrease the number of gaming machines allowed under 1 or more licences to enable the licensee to move the gaming machines to premises for which the licensee is applying for a licence (a new venue amendment); or
	(g)	make 1 or more of the following changes to a gaming machine operated under the licence (a technical amendment):
	(i)	change the percentage payout of the machine;
	(ii)	change the basic stake denomination of the machine;
	(iii)	change the kind of machine;
Example
to change from King of the Thames mk 2 gaming machines to King of the Thames mk 3 gaming machines or to Magnificent Mel gaming machines
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).
	(iv)	change any other detail mentioned in the schedule to the licence.
Note 1	If a form is approved under the Control Act, s 53D for an application, the form must be used.
Note 2	A fee may be determined under s 177 for an application.
23	Licence amendment—contents of applications
	(1)	A licence amendment application must—
	(a)	be in writing signed by the applicant; and
	(b)	set out the proposed amendment of the licence; and
	(c)	explain why the applicant is seeking the amendment; and
	(d)	for a decrease machines amendment—state the number of machines to be removed from the licence; and
	(e)	for a structural change amendment—be accompanied by a plan showing the proposed changes to the gaming area; and
	(f)	for a temporary storage amendment—state—
	(i)	the number of machines to be temporarily stored; and
	(ii)	where the machines will be temporarily stored; and
	(iii)	when the machines will need to be temporarily stored; and
	(g)	for a venue relocation amendment—
	(i)	state the address, and block and section number, of the new venue; and
	(ii)	be accompanied by—
	(A)	a social impact assessment; and
	(B)	a plan of the licensed premises showing where the gaming machines are to be relocated; and
	(C)	if the applicant is a club—evidence that a majority of the voting members of the club who voted in a ballot conducted under the regulation voted for the club relocating to the new venue; and
	(h)	for a machine relocation amendment—
	(i)	state the number of machines to be relocated; and
	(ii)	be accompanied by—
	(A)	a social impact assessment; and
	(B)	a plan of the licensed premises showing where the gaming machines are to be relocated; and
	(C)	evidence that a majority of the voting members of the club who voted in a ballot conducted under the regulation voted for the stated number of gaming machines to be relocated and the premises they are to be relocated to and from; and
	(i)	for a new venue amendment—
	(i)	state—
	(A)	the address, and block and section number, of the new venue; and
	(B)	the number of machines to be moved to the new venue; and
	(C)	the class, number, kind, coin denomination and percentage payout of gaming machines for which the new licence is sought; and
	(ii)	be accompanied by—
	(A)	each of the required documents for an initial application under section 11 (2); and
Note	Required documents include a social impact assessment, a scale plan of the premises and the rules and control procedures for the operation of the gaming machines.
	(B)	a description of the applicant’s intended monetary investment in property, buildings and facilities at the new venue; and
	(C)	a description of the amenities and facilities intended for the new venue; and
	(D)	evidence that a majority of the voting members of the club who voted in a ballot conducted under the regulation voted for the club having the proposed number of gaming machines at the premises proposed to be licensed.
	(2)	A regulation may require an application to—
	(a)	include particular information; or
	(b)	be accompanied by particular documents.
	(3)	The commission need not decide the licence amendment application if the application is not in accordance with this section.
24	Licence amendment decision—decrease machines amendment
	(1)	This section applies if a licensee applies for a decrease machines amendment under section 22 (a).
	(2)	The commission must amend the licence in accordance with the application.
25	Licence amendment decision—structural change amendment
	(1)	This section applies if a licensee applies for a structural change amendment under section 22 (b).
	(2)	The commission must—
	(a)	amend the licence in accordance with the application if satisfied that the gaming area as it is proposed to be changed will be suitable for the operation of gaming machines; and
	(b)	if not satisfied under paragraph (a)—refuse to amend the licence.
	(3)	In deciding whether a gaming area will be suitable for the operation of gaming machines, the commission must consider—
	(a)	the safety and comfort of patrons; and
	(b)	harm minimisation strategies for patrons.
26	Licence amendment decision—temporary storage amendment
	(1)	This section applies if a licensee applies for a temporary storage amendment under section 22 (c).
	(2)	The commission may amend the licence for a stated period in accordance with the application if satisfied that the gaming machines—
	(a)	need to be removed from the licensed premises for a good reason; and
	(b)	will be stored at other appropriate premises temporarily; and
	(c)	will not be operated at the other premises.
	(3)	To remove any doubt, the temporary storage amendment does not affect the number of gaming machines licensed to the licensee.
26A	Licence amendment decision—venue relocation amendment
	(1)	This section applies if a licensee applies for a venue relocation amendment under section 22 (d).
	(2)	The commission must amend the licence in accordance with the application if satisfied that—
	(a)	the size and layout of the new venue is suitable for the operation of the machines that would be allowed under the licence; and
	(b)	amendment of the licence to relocate the venue is appropriate; and
Note	In deciding whether an amendment of a licence is appropriate, the commission must consider certain things (see s (4)).
	(c)	the licensee does not owe an amount to the Territory under a tax law or a gaming law; and
	(d)	if the applicant is a club—a majority of the voting members of the club who voted in a ballot conducted under the regulation voted for the club relocating to the new venue.
	(3)	However, if the commission is not satisfied under subsection (2) in relation to the number of machines stated in the application, but would be satisfied under subsection (2) (a) and (b) in relation to fewer machines, the commission may amend the licence to allow fewer machines at the new venue.
	(4)	In deciding whether an amendment of a licence under this section is appropriate, the commission must consider the following things:
	(a)	the application for the amendment;
	(b)	the social impact assessment for the application;
	(c)	each submission made about the social impact assessment within the 6-week comment period mentioned in section 19 (3) (Publication of social impact assessments by applicant);
	(d)	if the applicant is a club—the extent to which the club has contributed to, or is likely to contribute to, the community and supported and benefited the community.
26B	Licence amendment decision—machine relocation amendment
	(1)	This section applies if a licensee applies for a machine relocation amendment under section 22 (e).
	(2)	The commission must amend the licences in accordance with the application if satisfied that—
	(a)	the size and layout of the premises where the gaming machines are to be relocated is suitable for the operation of the machines that would be allowed under the licence; and
	(b)	amendment of the licences to move the gaming machines to other licensed premises is appropriate; and
Note	In deciding whether an amendment of a licence is appropriate, the commission must consider certain things (see s (4)).
	(c)	the number of club members worked out under the regulation, and the pattern of use of gaming machines by club members, is sufficient to justify the number of extra machines at the licensed premises where the machines would be relocated; and
	(d)	the licensee does not owe an amount to the Territory under a tax law or a gaming law; and
	(e)	a majority of the voting members of the club who voted in a ballot conducted under the regulation voted for the number of gaming machines stated under section 23 (1) (h) (i) to be relocated and the premises they are to be relocated to and from.
	(3)	However, if the commission is not satisfied under subsection (2) in relation to the number of machines stated in the application, but would be satisfied under subsection (2) (a) to (c) in relation to fewer machines, the commission may amend the licences to relocate fewer machines.
	(4)	In deciding whether an amendment of licences under this section is appropriate, the commission must consider the following things:
	(a)	the application for the amendment;
	(b)	the social impact assessment for the application;
	(c)	each submission made about the social impact assessment within the 6-week comment period mentioned in section 19 (3) (Publication of social impact assessments by applicant);
	(d)	the extent to which the club has contributed to, or is likely to contribute to, the community and supported and benefited the community.
26C	Licence amendment decision—new venue amendment
	(1)	This section applies if a licensee applies for a new venue amendment under section 22 (f).
	(2)	The commission must amend the licence or licences, and issue the new licence, in accordance with the application if satisfied that—
	(a)	the application satisfies each additional mandatory requirement under section 13; and
	(b)	it is appropriate to issue the new licence; and
Note	In deciding whether it is appropriate to issue the new licence, the commission must consider certain things (see s (6)).
	(c)	the licensee does not owe an amount to the Territory under a tax law or a gaming law; and
	(d)	a majority of the voting members of the club who voted in a ballot conducted under the regulation voted for the club having the proposed number of gaming machines at the new venue.
	(3)	However, the commission may refuse to amend the licence or licences and issue the new licence if a ground for refusing the new licence exists under section 14 (Grounds for refusing initial licence application by club).
	(4)	If the commission is not satisfied under subsection (2) in relation to the number of machines stated in the application, but would be satisfied under subsection (2) (a) and (b) in relation to fewer machines, the commission may amend the licence or licences, and issue the new licence, to move fewer machines to the new venue.
	(5)	The new licence may be conditional.
	(6)	In deciding whether it is appropriate to issue the new licence, the commission must consider the following things:
	(a)	the application;
	(b)	the size and layout of the new venue;
	(c)	the size and layout of the proposed gaming area;
	(d)	the following information about the club:
	(i)	the number of club members worked out under the regulation; 
	(ii)	the ratio of club members to the number of gaming machines held by the licensee;
	(iii)	the extent to which the club has contributed to, or is likely to contribute to, the community and supported and benefited the community;
	(e)	the social impact assessment for the application;
	(f)	each submission made about the social impact assessment within the 6-week comment period mentioned in section 19 (3) (Publication of social impact assessments by applicant);
	(g)	the applicant’s intended monetary investment in property, buildings and facilities at the new venue; 
	(h)	the amenities and facilities intended for the new venue compared to existing amenities and facilities in the local area around the new venue;
	(i)	any other relevant matter.
26D	Licence amendment decision—technical amendment
	(1)	This section applies if a licensee applies for a technical amendment under section 22 (g).
	(2)	The commission must—
	(a)	amend the licence in accordance with the application if satisfied that the change to the gaming machine is technically suitable; and
	(b)	if not satisfied under paragraph (a)—refuse to amend the licence.
	(3)	In deciding whether a change to a gaming machine is technically suitable, the commission must take into account each technical evaluation of the gaming machine carried out under section 69 (Approval of gaming machines and peripheral equipment).
9	Commencement of amendments
Section 28
omit
under section 24, section 25 or section 26
substitute
under this division
10	Revocation of uncommenced licence amendments
Section 29 (1) (a)
omit
under section 24 or section 25
substitute
under this division
11	Transfer of licence
Section 32 (1) (c)
omit
or has a certificate of suitability
12	Sections 35 and 36
substitute
34A	Intention to reduce maximum number of gaming machines to 4 000
	(1)	It is the intention of the Legislative Assembly that the maximum number of gaming machines allowed on all licensed premises in the ACT be reduced to 4 000.
	(2)	This reduction is to happen over time as gaming machines are surrendered or cancelled (see s 35).
35	Maximum number of gaming machines allowed in ACT
	(1)	The maximum number of gaming machines allowed on all licensed premises in the ACT is the number worked out as follows:

number cancelled means the total number of gaming machines cancelled on or after 1 January 2012.
number surrendered means the total number of gaming machines surrendered on or after 1 January 2012.
starting number means the maximum number of gaming machines allowed on all licensed premises in the ACT at the end of 31 December 2011.
	(2)	As soon as practicable after each time the maximum number changes, the commission must prepare a notice stating the new maximum number and the date of the change.
	(3)	A notice is a notifiable instrument.
Note	A notifiable instrument must be notified under the Legislation Act.
	(4)	In this section:
cancelled—a gaming machine is cancelled if—
	(a)	the licence authorising the operation of the gaming machine is cancelled under—
	(i)	section 62 (Commission may take disciplinary action against licensee); or
	(ii)	section 64 (Cancellation of licences because of cancellation etc of general and on licences); and
	(b)	the cancellation has become final.
final—a cancellation of a gaming machine licence becomes final when—
	(a)	for a decision to cancel a licence under section 62—the period within which application can be made to the ACAT to review the decision has passed and no application for review is made within the period; or
	(b)	a period of 30 days has passed after 1 of the following decisions and no appeal against the decision is made within the 30‑day period:
	(i)	a decision of the ACAT on application for review of the decision to cancel the licence under section 62;
	(ii)	a decision by a court hearing an appeal from—
	(A)	the decision of the ACAT mentioned in paragraph (a); or
	(B)	for cancellation under section 64—the decision of the ACAT to cancel the general or on licence under the ACT Civil and Administrative Tribunal Act 2008, section 66 (2) (e) in relation to an application under the Liquor Act 2010, section 187 (Application to ACAT for occupational discipline);
	(iii)	a decision by a court hearing an appeal from a decision of a lower court in relation to a decision of the ACAT mentioned in subparagraph (i) or (ii).
surrendered—a gaming machine is surrendered if—
	(a)	the licensee, under section 22 (a), applies for a decrease machines amendment in relation to the gaming machine and the commission, under section 24, amends the licence in accordance with the application; or
	(b)	the licensee, under section 34 (2), surrenders the licence authorising the operation of the gaming machine and the surrender takes effect under section 34 (3).
Note	A surrender does not take effect until at least 4 weeks after the licensee gives the commission written notice of the surrender (see s 34 (3)).
36	Review of maximum number when it reaches 4 000
When the maximum number of gaming machines allowed on all licensed premises in the ACT reaches 4 000 or less, the Minister must—
	(a)	review the maximum number of gaming machines to be allowed on all licensed premises in the ACT; and
	(b)	present a report of the review to the Legislative Assembly within 6 months after the day the review is started.
13	Part 10 heading
substitute
Part 10	Promoting responsible practices at licensed premises
14	New section 153A
insert
153A	Offence—ATM allowing withdrawals exceeding $250
	(1)	A licensee commits an offence if—
	(a)	there is an automatic teller machine at the licensed premises; and
	(b)	the automatic teller machine allows a person to withdraw more than a total of $250 from all automatic teller machines at the licensed premises, using a single debit card or credit card, on a gaming day.
Maximum penalty:  50 penalty units.
	(2)	An offence against this section is a strict liability offence.
	(3)	In this section:
at the licensed premises includes in or on an exterior wall of the licensed premises.
gaming day means—
	(a)	the period from when the licensed premises opens to the public on a day until it next closes; but
	(b)	if the licensed premises are open to the public for longer than 24 hours continuously—
	(i)	each 24-hour period for which it is open to the public; and
	(ii)	if the last period before it closes is less than 24 hours—that period.
15	Reviewable decisions
Schedule 1, item 3
substitute
3	25 (2)	refuse to amend licence to allow change to gaming area	licensee	
3A	26 (2)	refuse to amend licence to allow temporary storage of machines	licensee	
3B	26A (2)	refuse to amend licence to allow venue relocation	licensee	
3C	26A (3)	amend licence to allow relocation to new venue of lesser number of machines than applied for 	licensee	
3D	26B (2)	refuse to amend both licences to allow relocation of machines	licensee	
3E	26B (3)	amend both licences to relocate lesser number of machines than applied for	licensee	
3F	26C (2)	refuse to amend licence, and issue new licence, to allow machines to be moved to new venue	licensee	
3G	26C (4)	amend licence, and issue new licence, to move lesser number of machines than applied for to new venue	licensee	
3H	26D	refuse to amend licence for technical change 	licensee	
16	Dictionary, definition of certificate of suitability
omit
17	Dictionary, new definition of decrease machines amendment
insert
decrease machines amendment—see section 22 (a).
18	Dictionary, definition of gaming area
substitute
gaming area—see section 15 (1) (b).
19	Dictionary, new definitions
insert
machine relocation amendment—see section 22 (e).
new venue amendment—see section 22 (f).
structural change amendment—see section 22 (b).
technical amendment—see section 22 (g).
temporary storage amendment—see section 22 (c).
venue relocation amendment—see section 22 (d).

Part 3	Gaming Machine Regulation 2004
20	Required documents for applications—Act, s 11 (2), s 23 (2) and s 31 (2) (c) (ii)
Section 6 (1) (b)
substitute
	(b)	an application for a venue relocation amendment;
	(ba)	an application for a machine relocation amendment;
	(bb)	an application for a new venue amendment;
21	Section 7 heading
substitute
7	Working out club members—Act, s 12 (5) (c) (i), s 26B (2) (c) and s 26C (6) (d) (i)
22	Section 7 (3), definition of GM, paragraph (b)
substitute
	(b)	for a new venue amendment application—the number of gaming machines the club is authorised to operate under a licence.
23	Section 7 (3), definition of TGM, paragraph (b)
substitute
	(b)	for a new venue amendment application—the total number of gaming machines that the club, and each other club with which the club has a membership agreement, is authorised to operate under a licence.
24	Definitions—pt 3
Section 9, definition of relevant premises
substitute
relevant premises, for a social impact assessment, means—
	(a)	for an initial licence application—the premises proposed to be licensed; or
	(b)	for a machine relocation amendment application—the premises to which the machines are to be relocated; or
	(c)	for a venue relocation amendment application or new venue amendment application—the new venue.
25	Matters to be addressed by social impact assessment—Act, s 18 (2) (b)
Section 11 (1) (b)
substitute
	(b)	the population profile of people living in the local community, including an analysis of—
	(i)	age and average income; and
	(ii)	projected population, and projected growth rate, of the local community;
26	Conduct of ballots
Section 14, note
substitute
Note	The following sections of the Act mention ballots:
·	s 11 (3) (d)
·	s 12 (2) (b)
·	s 23 (1) (g) (ii) (C)
·	s 23 (1) (h) (ii) (C)
·	s 23 (1) (i) (ii) (D)
·	s 26A (2) (d)
·	s 26B (2) (e)
·	s 26C (2) (d)
·	s 32 (1) (d) and (f)
·	s 34 (2) (b) (i).
27	Dictionary, note 3
insert
·	machine relocation amendment (see s 22 (e));
·	new venue amendment (see s 22 (f))
·	venue relocation amendment (see s 22 (d));

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on	2011.
2	Notification
	Notified under the Legislation Act on	2011.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2011