Page 3097 - Week 10 - Thursday, 18 October 2007
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The maximum number of gaming machines that could be issued under the act was reached in December 2006. Importantly, the bill now addresses some minor issues with the existing legislation associated with the ACT Gambling and Racing Commission’s consideration of applications for initial and additional gaming machines. The proposed changes provide a fairer and clearer approach in considering applications for additional gaming machines when the maximum number in the territory has been reached.
The number of gaming machines a licensee will be eligible for will only be assessed when, and if, such machines become available. This overcomes the current problem where there could be significant delays between deciding the number of machines to be allocated and the actual availability of these machines. A licensee’s circumstances may have changed in the meantime, which could result in a different number of machines being allocated.
Another important change introduced by this bill relates to the eligibility criteria of key persons associated with gaming machine operators. The bill proposes to reflect that a person is not eligible to apply for a licence or for an approval as a supplier, technician or attendant if, within the last 12 months, the commission has cancelled the individual’s licence or approval or an application has been refused on the basis that false or misleading information was provided to the commission. This amendment confirms the commission’s role in minimising criminal or unethical activity through appropriate probity regimes. It also protects the integrity of the act’s licensing and approval system in relation to eligible persons.
Importantly, the bill allows the commission to take action against a supplier of gaming machines if the person is no longer an eligible person. The bill overcomes a current deficiency in the act by now providing the commission with the statutory authority for taking disciplinary action against a supplier. The proposed amendment will allow the commission to cancel or suspend a supplier’s approval or reprimand the supplier. The amendment is consistent with existing disciplinary measures that may be taken against other key industry employees, namely, gaming machine attendants and technicians.
Finally, the government has a well documented policy on minimising the potential harm that may be caused to some people through gambling. This bill clarifies existing provisions to limit the exposure of the general public to gaming machines or gambling activity. Firstly, while existing provisions prohibit a gaming machine licensee from displaying signage that advertises or depicts gaming machines or gambling activity, it has not been clear whether a licensee’s name or logo is permitted.
This bill explicitly provides that it is acceptable for a licensee to be able to display their business name or logo without offending against this provision. Secondly, a prohibition will be introduced on gaming machine venues having their gaming machines or any peripheral equipment for gaming machines being visible from outside their licensed premises. Such a prohibition is a responsible approach to limiting public exposure to gambling, such as to persons under the age of 18 years. It is complementary to the current prohibition on gaming machine venues advertising gaming machines on external signage. It is also consistent with the restrictions in place in most other Australian jurisdictions.
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