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National Gambling Reform Act 2012
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Department of Social Services
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C2012A00193
12 December 2012
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11 April 2013
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Chapter 1—Preliminary
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Part 1—Preliminary
1 Short title
2 Commencement
3 Guide to this Act
4 Object of this Act
5 Definitions
6 Meaning of gaming machine
7 References to premises
8 Persons who engage in conduct alone or together with others
9 Meaning of small gaming machine premises
10 Act binds the Crown
11 Concurrent operation with State and Territory laws
12 Constitutional limitations
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Part 2—Application of this Act
13 Application of precommitment system and dynamic warning requirements
14 Application of automatic teller machine requirements
15 Application of manufacturing and importing requirements
16 Application of supervisory levy
17 Application of gaming machine regulation levy
18 Performance of functions etc. after commencement
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Chapter 2—National gambling reforms
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Part 1—Guide to this Chapter
19 Guide to this Chapter
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Part 2—Precommitment systems
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Division 1—Registration through precommitment system for user who chooses to register
20 When a gaming machine is not compliant
21 Precommitment system to provide for registration and cancellation
22 Registration process for user who chooses to register
23 Identification requirements during registration for user who chooses to register
24 Exclusion from system—setting a loss limit of $0
25 Requirements for limit periods for user who chooses to register
26 Changing, revoking and setting loss limits and limit periods after initial registration
27 When changes to loss limits or limit periods may take effect
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Division 2—Precommitment system requirements if a person chooses to use a gaming machine as a registered user
28 Registration of registered user to comply with requirements
29 Identification of registered user
30 Monitoring and transmitting expenditure and winnings for registered user
31 Precommitment information for registered user
32 No use of gaming machine by registered user after loss limit reached
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Division 3—Other requirements for precommitment systems
33 Capability requirement for precommitment systems
34 Transaction statement for registered user
35 Additional requirements for precommitment systems in regulations
36 No national database of protected information from precommitment systems
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Part 3—Dynamic warnings
37 When a gaming machine is not compliant
38 Dynamic warnings
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Part 4—ATM withdrawal limit for gaming machine premises (other than casinos)
39 ATM withdrawal limit for gaming machine premises (other than casinos)
40 Indexation
41 Anti-avoidance—determination of gaming machine premises
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Part 5—Provisions related to national gambling reforms
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Division 1—Exemptions from ATM withdrawal limit
42 Exemptions from ATM withdrawal limit—regulations
43 Exemptions from ATM withdrawal limit—application to Regulator
44 Process for deciding exemptions
45 Effect of exemptions on State or Territory law
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Division 2—Approvals and licences for precommitment systems
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Subdivision A—Approving precommitment systems
46 Applications for approvals
47 Form of applications
48 Requiring further information
49 Amendment and withdrawal of applications
50 Testing precommitment systems
51 Approving precommitment systems and variations to approved terms and conditions
52 Notification of approvals
53 Changes to precommitment requirements
54 Revocation of approvals
55 Civil penalty for failing to provide precommitment system in accordance with approved terms and conditions
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Subdivision B—Licences for providing etc. precommitment systems
56 Regulations may provide in relation to licensing persons who provide etc. precommitment systems
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Chapter 3—Civil penalty provisions for non-compliance with national gambling reforms
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Part 1—Guide to this Chapter
57 Guide to this Chapter
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Part 2—Gaming machines that do not comply with precommitment and dynamic warning requirements
58 Making non-compliant gaming machine available for use
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Part 3—Automatic teller machines that do not comply with withdrawal limit requirements
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Division 1—Constitutional provisions
59 Application of this Part
60 Additional operation of this Part
61 Part not to apply to State banking
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Division 2—Civil penalty provisions
62 Occupying premises containing non-compliant automatic teller machine
63 Providing non-compliant automatic teller machine
64 Civil penalty provision contravened without a person withdrawing more than cash limit
65 Exception for premises covered by exemption and casinos
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Chapter 4—Privacy
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Part 1—Guide to this Chapter
66 Guide to this Chapter
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Part 2—Privacy
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Division 1—Offences for unauthorised disclosure or use of protected information
67 Offences for unauthorised disclosure or use of protected information
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Division 2—Authorised disclosure or use by Regulator, other entrusted persons and others
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Subdivision A—Authorised disclosure or use by Regulator, other entrusted persons and others
68 Authorised disclosure or use—official duties
69 Who may disclose or use information in accordance with sections 70 to 73
70 Authorised disclosure—law enforcement
71 Authorised disclosure or use—consent
72 Authorised disclosure—threat to life or health
73 Authorised disclosure—publicly available information
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Subdivision B—Authorised disclosure by Regulator
74 Authorised disclosure—Minister
75 Authorised disclosure—Commonwealth, State and Territory agencies
76 Authorised disclosure—research
77 Authorised disclosure—summaries and statistics
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Chapter 5—Requirements for manufacturing and importing gaming machines
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Part 1—Guide to this Chapter
78 Guide to this Chapter
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Part 2—Requirements for manufacturing and importing gaming machines
79 Manufacturing gaming machines
80 Importing gaming machines
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Chapter 6—Liability for, and collection and recovery of, supervisory and gaming machine regulation levies
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Part 1—Guide to this Chapter
81 Guide to this Chapter
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Part 2—Liability for supervisory levy
82 Purpose of supervisory levy
83 Liability for supervisory levy
84 Who is liable to pay the supervisory levy
84A Cap on total amount of supervisory levy payable in a calendar year
84B Setting an upper limit for cap on total amount of supervisory levy
84C Review by Minister of upper limit for cap on total amount of supervisory levy
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Part 3—Liability for gaming machine regulation levy
85 Liability for gaming machine regulation levy
86 Who is liable to pay the gaming machine regulation levy
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Part 4—Collection and recovery of supervisory and gaming machine regulation levies
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Division 1—Assessment of levies
87 Regulator may make assessment of levies
88 Request for assessment
89 Levy liabilities do not depend on assessment
90 Regulator must give notice of the assessment
91 Amendment of assessment
92 Later assessment prevails in case of inconsistency
93 Production of assessment is conclusive evidence
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Division 2—Collection of levies
94 Right of contribution if persons are jointly liable
95 Returns
96 When levy due for payment
97 Late payment penalty
98 Payment of levy and late payment penalty
99 Recovery of levy and late payment penalty
100 Refunds of overpayments of levy
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Division 3—Miscellaneous
101 Offence for failure to lodge a return
102 Regulations may provide in relation to assessment, collection and recovery
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Chapter 7—Monitoring and investigation
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Part 1—Guide to this Chapter
103 Guide to this Chapter
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Part 2—Regulator
104 The Regulator
105 Functions of the Regulator
106 Powers of the Regulator
107 Regulator may charge for services
108 Arrangements with other agencies
109 Consultants
110 Minister may give directions to the Regulator
111 Annual report
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Part 3—Authorised persons
112 Appointment of authorised persons
113 The Regulator is an authorised person
114 Identity cards
115 Offence for not returning identity card
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Part 4—Inspecting public areas of gaming machine premises
116 Inspection powers in public areas of gaming machine premises
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Part 5—Monitoring
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Division 1—Monitoring powers
117 Authorised person may enter premises by consent or under a warrant
118 Monitoring powers of authorised persons
119 Operating electronic equipment
120 Accessing data held on certain premises—notification to occupier
121 Expert assistance to operate electronic equipment
122 Securing evidence of the contravention of a related provision
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Division 2—Persons assisting authorised persons
123 Persons assisting authorised persons
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Division 3—Monitoring warrants
124 Monitoring warrants
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Part 6—Investigation
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Division 1—Investigation powers
125 Authorised person may enter premises by consent or under a warrant
126 Investigation powers of authorised persons
127 Operating electronic equipment
128 Accessing data held on certain premises—notification to occupier
129 Expert assistance to operate electronic equipment
130 Seizing evidence of contraventions of related provisions
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Division 2—Persons assisting authorised persons
131 Persons assisting authorised persons
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Division 3—General provisions relating to seizure
132 Copies of seized things to be provided
133 Receipts for seized things
134 Return of seized things
135 Issuing officer may permit a seized thing to be retained
136 Disposal of seized things
137 Compensation for acquisition of property
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Division 4—Investigation warrants
138 Investigation warrants
139 Investigation warrants by telephone, fax etc.
140 Authority of warrant
141 Offence relating to warrants by telephone, fax etc.
142 Completing execution of an investigation warrant after temporary cessation
143 Completing execution of an investigation warrant stopped by court order
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Part 7—General provisions relating to monitoring and investigation
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Division 1—Obligations of authorised persons in entering premises
144 Consent
145 Announcement before entry under warrant
146 Authorised person to be in possession of warrant
147 Details of warrant etc. to be given to occupier
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Division 2—Other powers of authorised persons
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Subdivision A—Asking questions and seeking production of documents
148 Authorised person may ask questions and seek production of documents
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Subdivision B—Opening gaming machines
149 Authorised person may open gaming machines
150 Authorised person to notify about broken seals and reseal gaming machines
151 Relationship with State or Territory laws
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Division 3—Occupier’s rights and responsibilities on entry
152 Occupier entitled to observe execution of warrant
153 Occupier to provide authorised person with facilities and assistance
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Division 4—Miscellaneous
154 Powers of issuing officers
155 Compensation for damage to electronic equipment
156 Compensation for damage to gaming machine
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Part 8—Requiring persons to give information, produce documents and keep records
157 Power to require persons to give information, produce documents or answer questions
158 Translation of documents
159 Record keeping requirements
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Chapter 8—Enforcement
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Part 1—Guide to this Chapter
160 Guide to this Chapter
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Part 2—Civil penalty provisions
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Division 1—Obtaining a civil penalty order
161 Civil penalty orders
162 Civil enforcement of penalty
163 Conduct contravening more than one civil penalty provision
164 Multiple contraventions
165 Proceedings may be heard together
166 Civil evidence and procedure rules for civil penalty orders
167 Contravening a civil penalty provision is not an offence
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Division 2—Civil proceedings and other enforcement action
168 Civil proceedings after other enforcement action
169 Other enforcement action during civil proceedings
170 Other enforcement action after civil proceedings
171 Evidence given in civil proceedings not admissible in criminal proceedings
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Division 3—Miscellaneous
172 Ancillary contravention of civil penalty provisions
173 Mistake of fact
174 State of mind
175 Civil penalty provisions contravened by employees, agents or officers
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Part 3—Infringement notices
176 When an infringement notice may be given
177 Matters to be included in an infringement notice
178 Extension of time to pay amount
179 Withdrawal of an infringement notice
180 Effect of payment of amount
181 Effect of this Part
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Part 4—Injunctions
182 Grant of injunctions
183 Interim injunctions
184 Discharging or varying injunctions
185 Certain limits on granting injunctions not to apply
186 Other powers of a relevant court unaffected
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Part 5—Enforceable undertakings
187 Acceptance of undertakings
188 Enforcement of undertakings
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Part 6—Compliance notices
189 Compliance notices
190 Review of compliance notices
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Part 7—Miscellaneous
191 Regulator may publicise certain offences and contraventions
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Chapter 9—Research, reviews and other provisions
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Part 1—Guide to this Chapter
192 Guide to this Chapter
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Part 2—Research, reviews and other provisions
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Division 1—Research and reviews
193 Productivity Commission review of results of trial if trial conducted
194 Productivity Commission review of other matters
195 Requirements for referrals to Productivity Commission and reports
196 Research into gambling
197 Expert Advisory Group on Gambling
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Division 2—Other provisions
198 Internal review of reviewable decisions
199 AAT review of decisions
200 Delegation
201 Regulations