2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Racing and Gaming)
Gaming Machine (Red Tape Reduction) Amendment Bill 2014

Contents
	Page
	1	Name of Act	2
	2	Commencement	2
	3	Legislation amended	2
	4	Initial licence applications—contents
Section 11 (2) (c), example 3	2
	5	Additional mandatory requirements for issue of licence
Section 13 (2)	2
	6	Eligibility of individuals
Section 20 (3) (d) (vii) and (viii)	3
	7	Licence amendment—applications
New section 22 (1A)	3
	8	Licence amendment decision—structural change amendment
Section 25 (3)	3
	9	Transfer of licence
Section 32 (3) (b)	3
	10	Current licensees obligations on proposed transfer of licence
Section 33 (b)	4
	11	Condition about club’s constitution—amendment if inconsistent with gaming laws
Section 53B (1)	4
	12	Part 6 heading	4
	13	Section 71	5
	14	Approval of technicians
Section 75 (2)	6
	15	Approved attendants
Division 6.4	6
	16	Sealing computer cabinet
Section 123 (1) (a)	6
	17	Machine access generally
Section 128 (1) and (2)	6
	18	Required payment to problem gambling assistance fund
New section 163A (6)	6
	19	New section 163AA	7
	20	Annual reporting about problem gambling assistance fund
New section 163C (ba)	8
	21	Reviewable decisions
Schedule 1, items 42 to 46	8
	22	Dictionary, definition of approval certificate	8
	23	Dictionary, definition of approved attendant	8
	24	Dictionary, new definition of computer cabinet access register	8
	25	Dictionary, definition of machine access register	8
	26	Dictionary, definition of short-term approval	8

2014
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)
(Minister for Racing and Gaming)
Gaming Machine (Red Tape Reduction) Amendment Bill 2014

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

    

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

1	Name of Act
This Act is the Gaming Machine (Red Tape Reduction) Amendment Act 2014.
2	Commencement
	(1)	This Act (other than section 18 and section 19) 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)).
	(2)	Section 18 and section 19 commence on 1 March 2015.
3	Legislation amended
This Act amends the Gaming Machine Act 2004.
4	Initial licence applications—contents
Section 11 (2) (c), example 3
omit
5	Additional mandatory requirements for issue of licence
Section 13 (2)
omit everything after
consider
substitute
harm minimisation strategies for patrons.
6	Eligibility of individuals
Section 20 (3) (d) (vii) and (viii)
omit
7	Licence amendment—applications
New section 22 (1A)
after the notes, insert
	(1A)	To remove any doubt, a licensee does not need to apply for a structural change amendment, or any other licence amendment, to move a gaming machine from one part of a gaming area to another part of the gaming area.
Note	Gaming area—see s 15 (1) (b).
8	Licence amendment decision—structural change amendment
Section 25 (3)
omit everything after
consider
substitute
harm minimisation strategies for patrons.
9	Transfer of licence
Section 32 (3) (b)
omit
machine
substitute
computer cabinet
10	Current licensees obligations on proposed transfer of licence
Section 33 (b)
omit
machine
substitute
computer cabinet
11	Condition about club’s constitution—amendment if inconsistent with gaming laws
Section 53B (1)
substitute
	(1)	It is a condition of a licence for a club that the club’s constitution provides that, if the commission directs the club, under section 148B (Club constitution—consistency with gaming laws), to amend its constitution to remove an inconsistency with a gaming law, the club must amend its constitution, with or without an election of its voting members.
12	Part 6 heading
substitute
Part 6	Approval of gaming machines, peripherals, suppliers and technicians

13	Section 71
substitute
71	Computer cabinet access register
	(1)	A licensee must keep a register for licensed gaming machines on licensed premises (the computer cabinet access register).
Note 	If a form is approved under the Control Act, s 53D for a register, the form must be used.
	(2)	If an approved supplier, approved technician or authorised officer opens or replaces the computer cabinet in a gaming machine on the licensed premises, the person must enter the following details in the computer cabinet access register:
	(a)	information that clearly identifies the machine, including the machine’s serial number; 
	(b)	the date when the computer cabinet was opened or replaced; 
	(c)	a description of why the computer cabinet was opened or replaced;
	(d)	the new computer cabinet seal number that was applied;
	(e)	if the person who opens the computer cabinet is an approved supplier or approved technician—the person’s name and signature;
	(f)	if the person who opens the computer cabinet is an authorised officer—the person’s name and signature;
	(g)	the licensee’s name and signature; 
	(h)	any other information prescribed by regulation.

14	Approval of technicians
Section 75 (2)
omit
2 years
substitute
3 years
15	Approved attendants
Division 6.4
omit
16	Sealing computer cabinet
Section 123 (1) (a)
after
installation
insert
or operation
17	Machine access generally
Section 128 (1) and (2)
omit
18	Required payment to problem gambling assistance fund
New section 163A (6)
after the note, insert
	(6)	Subsection (5) is subject to section 163AA.
19	New section 163AA
insert
163AA	Problem gambling assistance fund—annual payment option 
	(1)	Before 1 May each year, the commission must assess each licensee’s liability to pay the required percentage under section 163A (the licensee’s liability) for the period beginning on 1 July in the previous year and ending on 31 March in the year the assessment is made (the assessment period).
	(2)	If the commission assesses that a licensee’s liability is an average of less than $100 for each month of the assessment period, the commission may give the licensee written notice that the licensee is eligible to pay the licensee’s liability in the following financial year (the next financial year) as an annual payment payable at the end of the next financial year.
	(3)	A licensee (a participating licensee) may elect, as an alternative to making monthly payments under section 163A (5), to make an annual payment to the problem gambling assistance fund for the next financial year.
	(4)	The election must be made by giving the commission written notice before the commencement of the next financial year.
	(5)	If a participating licensee makes an election under subsection (3) for a financial year, the licensee may not make a payment under section 163A (5) for any month during that financial year.
	(6)	At the end of each financial year, the commission must give each participating licensee written notice of a reconciliation of the licensee’s liability for the financial year.
	(7)	The participating licensee must pay the licensee’s liability for the financial year within 7 days after receiving notice of the reconciliation.
20	Annual reporting about problem gambling assistance fund
New section 163C (ba)
insert
	(ba)	who elected to pay an amount under section 163AA (Problem gambling assistance fund—annual payment option);
21	Reviewable decisions
Schedule 1, items 42 to 46
omit
22	Dictionary, definition of approval certificate
substitute
approval certificate, for an approved technician—see section 80 (2) (a). 
23	Dictionary, definition of approved attendant
omit
24	Dictionary, new definition of computer cabinet access register
insert
computer cabinet access register—see section 71.
25	Dictionary, definition of machine access register
omit
26	Dictionary, definition of short-term approval
substitute
short-term approval, for a technician—see section 76 (3). 

Endnotes
1	Presentation speech
	Presentation speech made in the Legislative Assembly on 30 October 2014.
2	Notification
	Notified under the Legislation Act on	2014.
3	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2014