Gaming and Racing (Red Tape Reduction) Legislation Amendment Bill 2016 in ACT Parliament

The Gaming and Racing (Red Tape Reduction) Legislation Amendment Bill 2016 (the Amendment Bill) was presented in the ACT Legislative Assembly on 9 June 2016 by the Minister for Racing and Gaming, Mr Mick Gentleman, MLA. The Amendment Bill is consistent with the ACT Government’s commitment to reducing unnecessary red tape in the regulation of the gambling industry in the ACT (the Territory).

Background to the Amendment Bill

The aims of the Amendment Bill are to reduce red tape in the gaming and racing industries by:

• Removing the requirement for pubs and clubs to display licences and authorisation certificates;
• Making it easier for licensees to remove gaming machines from use;
• Implementing a simplified licensing framework for race bookmakers and their agents to operate under, including the ability to renew licences;
• Providing interstate visitor access to clubs without the need to be accompanied by club members;
• Implementing a simplified framework for race bookmaking licences and race bookmaker’s agent licences, including mechanisms for renewal of licences to reduce the administrative and regulatory burden of licensing; and
• Providing minor and technical amendments to the Acts and associated regulations.

The Gaming Machine (Ballots) Amendment Regulation 2016 (No 1) (No. 11), an accompanying regulation to the Amendment Bill, commenced on 16 May 2016. This regulation provides clubs with flexibility to conduct membership ballots, including allowing for the use of electronic communication and permitting a club to engage a person or organisation to conduct ballots on their behalf, and is also consistent with the ACT Government’s commitment to reducing unnecessary red tape.

Amendments Contained in the Bill

The Bill proposes to amend the following Legislation (which is part of a suite of Legislation under the Gambling and Racing Control Act 1999) [the Control Act] namely, the:

• Gaming Machine Act 2004;
• Gaming Machine Regulation 2004;
• Race and Sports Bookmaking Act 2001;
• Race and Sports Bookmaking Regulation 2001;
• Racing Act 1999; and
• Racing (Race Field Information) Regulation 2010.

Proposed Outcome of the Bill

The Amendment Bill provides that gambling operations and the regulatory provisions are, where possible, consistent with other gambling laws in the ACT and in step with other Australian jurisdictions, particularly NSW.

Further, the Amendment Bill implements the Government's response to Recommendation 13 of the recent Public Accounts Committee (PAC) Report 18 - Inquiry into elements impacting on the future of the ACT Clubs sector (in relation to interstate visitor access to clubs).

The Amendment Bill now also provides that all criminal offences, other than fraud, dishonesty or gaming offences, may only be taken into consideration by the Commission if the offence committed is punishable by imprisonment for a period of at least one year.

This further restricts the types of offences that can be considered by the Commission by limiting the offences to the higher spectrum of criminality where there is a higher risk to the integrity of the gambling industry. For example, offences relating to money laundering would be captured, however, offences in relation to vandalism or offensive behaviour would not. It is considered that the new arrangements will assist in minimising those circumstances where a person may be found unsuitable on the basis of a minor offence, while still balancing the Commission’s statutory obligations under s 7 of the Control Act.

The Bill remains in the Legislative Assembly for Second Reading and Debate.

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More red tape reduction for the Territory’s clubs and race bookmakers – ACT Government Media Release

Gaming Machine (Red Tape Reduction) Legislation Amendment Bill 2016 – Explanatory Memorandum and Secondary Materials - As Reproduced in TimeBase LawOne Service.