NSW Introduces Bill Package to Improve Regulation of Liquor, Gaming and Clubs Industries

Monday 12 March 2018 @ 11.44 a.m. | Legal Research

The NSW Government has introduced a package of four cognate bills relating to regulation of liquor, gaming and clubs industries. The main Bill is the Liquor and Gaming Legislation Amendment Bill 2018 (NSW), and the cognate bills are the Casino Control Amendment Bill 2018 (NSW), Gaming Machines Amendment (Leasing and Assessment) Bill 2018 (NSW), and Registered Clubs Amendment (Accountability and Amalgamations) Bill 2018 (NSW). The bills make a significant number of amendments to a number of pieces of legislation, building on existing measures designed to protect those impacted by gaming-related harm and improve the management of the liquor, gaming and clubs industries.

Liquor and Gaming Legislation Amendment Bill 2018 (NSW)

This main Bill in this package of Bills proposes the following key amendments:

  • Amendment of the Gaming and Liquor Administration Act 2007 (NSW) in order to include the General Counsel for the Independent Liquor and Gaming Authority within the definition of key official in order to provide greater flexibility in relation to employment restrictions;
  • Amendment of the Gaming Machines Act 2001 (NSW) to allow approved gaming machines to be destroyed after receiving authorisation from the Independent Liquor and Gaming Authority;
  • Amendment of the Liquor Act 2007 (NSW) to enable identifying information about persons in respect of whom licensees have imposed licence bans to be stored on a prescribed precinct ID scanner system.

Gaming Machines Amendment (Leasing and Assessment) Bill 2018 (NSW)

This Bill amends the Gaming Machines Act 2001 (NSW), the Gaming Machines Regulation 2010 (NSW) and the Casino Control Act 1992 (NSW). Importantly, this Bill proposes to amend the Gaming Machines Act 2001 (NSW) to change the geographical area used for clarifying local communities when considering the local impact assessment scheme for gaming machines, which will allow smaller local statistical areas to be used rather than larger local government areas.

Liquor and Gaming Legislation Amendment Bill 2018 (NSW)

This Bill makes miscellaneous amendments to various gaming and liquor legislation. Some of the main amendments are:

  • Amendment of the Betting and Racing Act 1998 (NSW) to insert provisions relating to inspection of records, gambling advertisements and powers of inspectors;
  • Amendment of the Gaming Machines Act 2001 (NSW) to provide for regulation of promotional prizes and player reward schemes;
  • Amendment of the Liquor Act 2007 (NSW) in order to raise penalties for the sale of stolen goods or possessions or drugs on licensed provisions.

Casino Control Amendment Bill 2018 (NSW)

This Bill amends the Casino Control Act 1992 (NSW) in order to insert provisions relating to reviews of casino licences, conduct of gaming, assistance to patrons, and exclusion orders relating to certain patrons. Importantly, the Bill proposes to amend the Casino Control Act 1992 (NSW) to ensure that The Star and Crown Sydney compete in a neutral regulatory environment by aligning the regime of smoking exemptions at the private gaming areas at The Star with the smoking exemptions at Crown Sydney’s private gaming areas.

Aims of the Reform Package

In his second reading speech when introducing the Bills, Paul Toole, Minister for Lands and Forestry and Minister for Racing, stated regarding the aim of the reform package:

“This legislation streamlines regulatory complexity where risk of harm is low. At the same time, the package tightens certain legislative provisions and in some areas places additional constraints on industry. In short, this reform package is about ensuring that regulators have the right tools to intervene to address misconduct where it arises and to minimise gambling-related harms. The legislation reflects a number of review processes conducted over the past year involving input from the community, local government and industry.”

Mr Toole further highlighted this approach aimed to strike a balance between the needs of various stakeholders, stating:

“This Government is ensuring that the regulatory environment is responsive to changing circumstances. It wants to encourage responsible behaviour that minimises harm. There is no doubt that clubs and hotels make a significant contribution to New South Wales economy. They create jobs for tens of thousands of people, a large number of whom are based in regional and rural areas, and contribute billions of dollars to our economy. They also give back to the community and provide much-needed facilities and amenities to people who would otherwise not have access to these services.”

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Sources:

Liquor and Gaming Legislation Amendment Bill 2018 (NSW) and cognate bills Casino Control Amendment Bill 2018 (NSW), Gaming Machines Amendment (Leasing and Assessment) Bill 2018 (NSW), and Registered Clubs Amendment (Accountability and Amalgamations) Bill 2018 (NSW), and associated second reading speech, as published on TimeBase LawOne.

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