GAMBLING AND RACING CONTROL ACT 1999 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes 4. Gaming laws PART 2--THE COMMISSION Division 2.1--Establishment and functions of commission 5. Establishment of gambling and racing commission 6. Functions of commission 7. How commission must exercise its functions 8. Community consultation 10. Delegation Division 2.2--Governing board 11. Establishment of governing board 12. Governing board members 13. Chief executive officer of commission 14. Staff 15. Consultants and contractors PART 3--ROLE OF COMMISSION IN DEALING WITH SOCIAL EFFECTS OF GAMBLING Division 3.1--Monitoring and research 17. Monitoring and research Division 3.2--Dealing with social effects of gambling 18. Code of practice 19. Education and counselling PART 4--POWERS OF INVESTIGATION Division 4.1--Authorised officers 20. Authorised officers 21. Identity cards for authorised officers Division 4.2--Powers of investigation 22. Power to require information, instruments or records or attendance for 22A. Commission may require records to be kept 23. Powers of entry and inspection 24. Search warrant 25. Use and inspection of documents and records produced or seized 26. Use of goods produced or seized 27. Selfincrimination 28. Failing to comply with requirement of authorised officer 30. Access to public records without fee 31. Investigation of complaints Division 4.3--Cooperation with other jurisdictions 32. Cooperative agreements 33. Investigation at request of reciprocating jurisdiction Division 4.4--Secrecy 34. Meaning of gaming officer in div 4.4 35. Gaming officers must respect confidentiality 36. Permitted disclosures of a general nature 37. Permitted disclosures to particular people 38. Prohibition on secondary disclosures of information 39. Further restrictions on disclosure PART 5--INQUIRIES 40. Starting an inquiry 41. Interested people may make submissions 42. Hearings to be in public 43. Adjournments 44. Record of proceedings 45. Evidence 46. Report and recommendations 47. Rules of commission PART 6--TAX ADMINISTRATION 48. Provisions of Taxation Administration Act apply 49. Commission may exercise functions under Commonwealth Act PART 7--MISCELLANEOUS 53C. Acts and omissions of representatives 53CA. Protection for authorised officers 53D. Approved forms 54. Regulation-making power DICTIONARY ENDNOTES GAMBLING AND RACING CONTROL ACT 1999 - LONG TITLE An Act to provide for the administration of certain Acts relating to gambling and racing and to create the gambling and racing commission GAMBLING AND RACING CONTROL ACT 1999 - SECT 1 Name of Act This Act is the Gambling and Racing Control Act 1999. GAMBLING AND RACING CONTROL ACT 1999 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). GAMBLING AND RACING CONTROL ACT 1999 - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. GAMBLING AND RACING CONTROL ACT 1999 - SECT 4 Gaming laws For this Act, the following are gaming laws: (a) this Act; (b) the Betting (ACTTAB Limited) Act 1964; (c) the Casino Control Act 2006; (d) the Gaming Machine Act 2004; (e) the Interactive Gambling Act 1998; (f) the Lotteries Act 1964; (g) the Pool Betting Act 1964; (h) the Race and Sports Bookmaking Act 2001; (i) the Racing Act 1999; (j) the Unlawful Gambling Act 2009. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104). Note for pt 2 The governance of territory authorities, including the commission, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them. The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest. GAMBLING AND RACING CONTROL ACT 1999 - SECT 5 Establishment of gambling and racing commission The ACT Gambling and Racing Commission (the commission) is established. GAMBLING AND RACING CONTROL ACT 1999 - SECT 6 Functions of commission (1) The functions of the commission are-- (a) to administer the gaming laws; and (b) to control, supervise and regulate gaming in the ACT; and (c) to exercise any other function given to the commission under this Act or any other territory law. Note A provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196). (2) Without limiting subsection (1), the functions of the commission include the following: (a) regulating-- (i) the activities of casinos; and (ii) machine gaming; and (iii) lotteries; and (iv) racing, as provided in the Racing Act 1999; and (v) betting; and (vi) interactive gambling; (b) approving gaming and racing activities; (c) monitoring and researching the social effects of gambling and of problem gambling; (d) providing education and counselling services; (e) engaging in community consultation, as appropriate, on matters related to its functions; (f) reviewing legislation and policies related to gaming and racing and making recommendations to the Minister on those matters; (g) monitoring, researching and funding activities relating to gaming and racing; (h) investigating and conducting inquiries into-- (i) issues related to gaming and racing; and (ii) activities of people in relation to gaming and racing, for the purpose of exercising functions under a gaming law; (i) collecting taxes, fees and charges imposed or authorised by or under gaming laws. (3) The Minister may, in writing, direct the commission by way of-- (a) guidelines directing the way the commission is to exercise any of its functions; or (b) directions in writing relating to particular matters. (4) A guideline under subsection (3) (a) is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. (5) A direction given under subsection (3) (b) must be included in the annual report of the commission. GAMBLING AND RACING CONTROL ACT 1999 - SECT 7 How commission must exercise its functions The commission must exercise its functions in the way that best promotes the public interest, and in particular, as far as practicable-- (a) promotes consumer protection; and (b) minimises the possibility of criminal or unethical activity; and (c) reduces the risks and costs, to the community and to the individuals concerned, of problem gambling. GAMBLING AND RACING CONTROL ACT 1999 - SECT 8 Community consultation (1) In exercising its functions of reviewing legislation and policies to make recommendations to the Minister, the commission must engage in community consultation. (2) The commission's annual report must describe the processes of community consultation used by the commission. GAMBLING AND RACING CONTROL ACT 1999 - SECT 10 Delegation The commission may delegate the commission's functions under this Act or another territory law to a public servant. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. GAMBLING AND RACING CONTROL ACT 1999 - SECT 11 Establishment of governing board The commission has a governing board. Note An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (5) (b)). GAMBLING AND RACING CONTROL ACT 1999 - SECT 12 Governing board members (1) The governing board has 5 members, of whom 1 must have knowledge, experience or qualifications related to providing counselling services to problem gamblers. Note 1 The chair and deputy chair of the governing board must be appointed under the Financial Management Act 1996, s 79. Note 2 The chief executive officer of the authority is a member of the board (see Financial Management Act 1996, s 80 (4)). (2) A person is not eligible to be a member if-- (a) the person or the person's domestic partner has an interest in a business subject to a gaming law; or Note For the meaning of domestic partner, see the Legislation Act, s 169. (b) the person would be unlikely to be able to properly exercise the functions of a member because of the person's business association, financial association or close personal association with someone else; or (c) the person has been convicted or found guilty of an offence against a gaming law or a corresponding law; or (d) within 5 years before the proposed appointment, the person has been convicted, or found guilty, of an offence in Australia punishable by imprisonment for at least 1 year; or (e) within 5 years before the proposed appointment, the person has been convicted, or found guilty, of an offence outside Australia that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year. (3) In this section: "corresponding law" means a law of another jurisdiction, whether in or outside Australia, that regulates gaming or racing. GAMBLING AND RACING CONTROL ACT 1999 - SECT 13 Chief executive officer of commission The chief executive officer of the commission must be a public servant. Note A chief executive officer must be appointed under the Financial Management Act 1996, s 80 (2) and (3). GAMBLING AND RACING CONTROL ACT 1999 - SECT 14 Staff The commission's staff must be employed under the Public Sector Management Act 1994. Note The Public Sector Management Act 1994, s 24 provides that the chief executive officer of a territory instrumentality has the powers of the head of service in relation to the appointment, engagement and employment of instrumentality staff to be employed under the Act. Under that Act, dict, def "chief executive officer", the chief executive officer of an instrumentality is the person who has responsibility for managing its affairs. GAMBLING AND RACING CONTROL ACT 1999 - SECT 15 Consultants and contractors (1) The commission may engage consultants and contractors. (2) However, the commission must not enter into a contract of employment under this section. GAMBLING AND RACING CONTROL ACT 1999 - SECT 17 Monitoring and research (1) The commission must monitor the social and economic effects of gambling and problem gambling in the ACT, including the need for counselling and other services. (2) The commission may conduct or sponsor research into the social and economic effects of gambling in the ACT. (3) The Minister, or a resolution of the Assembly, may require the commission to address particular matters when exercising its functions under this section. (4) The commission must, at intervals of not less than 12 months, provide reports to the Minister on the results of its activities under this section. (5) The Minister must present a report under this section to the Assembly within 14 sitting days after receiving it. GAMBLING AND RACING CONTROL ACT 1999 - SECT 18 Code of practice (1) A regulation may prescribe 1 or more codes of practice to apply to specified classes of people who are licensed or otherwise authorised to do things under a gaming law. (2) A code of practice may include, but is not limited to, guidelines about the following: (a) advertising, promotional practices and the offering of inducements; (b) providing objective and accurate information about losing and winning; (c) limiting facilities that make it easy for a gambler to spend more than the gambler originally intended, such as automatic teller machines, credit facilities and allowing people to pay by cheque or credit card; (d) providing mechanisms to allow problem gamblers to exclude themselves using a licensee's facilities for gambling; (e) training staff to recognise and deal appropriately with people who are problem gamblers or are at risk; (f) developing methods of dealing with staff or clients who are problem gamblers or are at risk. (3) The commission must, for each licence under a gaming law that permits the licensee to conduct gambling, develop and review a code of practice to apply to the licensees and make recommendations to the Minister for appropriate regulations. GAMBLING AND RACING CONTROL ACT 1999 - SECT 19 Education and counselling (1) The commission may carry out or sponsor-- (a) counselling for people with gambling problems; or (b) publicity and education programs-- (i) providing consumer information for different kinds of gambling; or (ii) about the risks of gambling; or (iii) about dealing with gambling problems. (2) The Minister, or a resolution of the Assembly, may require the commission to address particular matters when exercising its functions under this section. GAMBLING AND RACING CONTROL ACT 1999 - SECT 20 Authorised officers (1) The members of the governing board are authorised officers. (2) The chief executive officer may appoint a person to be an authorised officer. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see s 207). (3) The director-general may, in writing, recognise a person engaged in the administration or enforcement of a gaming law of a reciprocating jurisdiction as an authorised officer for this subsection. (4) If the director-general recognises a person for subsection (3), the person is an authorised officer for the period and purpose stated in the recognition of the person. (5) A gaming officer to whom the chief executive officer delegates functions under division 4.2 is an authorised officer. GAMBLING AND RACING CONTROL ACT 1999 - SECT 21 Identity cards for authorised officers (1) An authorised officer must be issued with an identity card in a form approved by the commission-- (a) containing the person's name and a photograph of the person; and (b) stating that the person is an authorised officer for the gaming laws. (2) When recognising an officer of a reciprocating jurisdiction for section 20 (3), the commission may approve the use of the identity card issued by that jurisdiction for subsection (1). (3) A person who has been issued with an identity card under subsection (1) and ceases to be an authorised officer must return the card to the commission as soon as practicable. Maximum penalty: 1 penalty unit. GAMBLING AND RACING CONTROL ACT 1999 - SECT 22 Power to require information, instruments or records or attendance for examination (1) The commission may, for a purpose related to the administration or enforcement of a gaming law, by written notice served on a person, require the person-- (a) to provide to the commission (either orally or in writing) information that is described in the notice; or (b) to attend and give evidence before the commission or an authorised officer; or (c) to produce to the commission a record or other document described in the notice that is in the person's custody or control. (2) If a notice to a person under subsection (1) is made to determine that person's tax liability, the notice must state that the requirement is made for that purpose, but the commission is not otherwise required to identify a person in relation to whom any information, evidence, record or other document is required under this section. (3) The commission-- (a) may specify whether information or evidence to be provided or given under this section must be given orally or in writing; and (b) may require any information or evidence given in writing to be in the form of, or verified by, a statutory declaration; and (c) may require any information or evidence given orally to be given on oath or affirmation. (4) A person must not, without reasonable excuse, fail-- (a) to comply with the requirements of a notice under this section within the period specified in the notice or any further period allowed by the commission; or (b) to comply with any other requirement of the commission about the giving of evidence or how information or evidence is to be provided or given under this section. Maximum penalty: 50 penalty units. (5) A person required to attend before an authorised officer to give oral evidence must be paid expenses in accordance with the scale of allowances determined under the Taxation Administration Act 1999, section 139 for that Act, section 82 (5). (6) Subsection (5) does not apply to a person, or a representative of a person, giving evidence in relation to the person's own obligations under a gaming law. GAMBLING AND RACING CONTROL ACT 1999 - SECT 22A Commission may require records to be kept (1) For the administration or enforcement of a gaming law, the commission may, in writing, require a stated class of people to keep records of the kind, and in the way, stated in the instrument. (2) A person to whom a requirement under subsection (1) applies must comply with the requirement. Maximum penalty: 50 penalty units. (3) An instrument under this section is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. GAMBLING AND RACING CONTROL ACT 1999 - SECT 23 Powers of entry and inspection (1) An authorised officer may, for a purpose related to the administration or enforcement of a gaming law, enter and inspect any premises at any reasonable time and do any of the following: (a) remain on the premises; (b) examine all documents and remove, or take copies of or extracts from, any document on behalf of the commission; (c) inspect any gaming equipment and remove any gaming equipment that the officer believes on reasonable grounds to be connected with an offence against a gaming law; (d) remove any thing that the officer believes on reasonable grounds might be used as evidence in a prosecution for an offence against a gaming law; (e) require any person on the premises to answer questions or otherwise give information, including information about the identity of the person or another person; (f) require any person on the premises to give access to any document in the person's custody or control, and to-- (i) produce or display the document; or (ii) provide a copy of the document or a version of it in some form other than that in which it is normally kept; in any printed, electronic or other form that it is reasonably practicable to provide; (g) require any person on the premises to produce any gaming equipment in the person's custody or control; (h) require the owner or occupier of the premises to provide the officer with the assistance and facilities that are reasonably necessary to enable the officer to exercise powers under this part. (2) An authorised officer who enters premises under subsection (1) and is requested by the occupier to identify himself or herself is not authorised to remain on the premises unless the officer produces his or her identity card to the occupier. (3) The powers of entry and inspection under this section must not be exercised in relation to premises, or a part of premises, used for residential purposes except with the consent of the owner or occupier of the premises or part. (4) In this section: "occupier", in relation to premises, includes a person apparently in charge or responsible for the premises. GAMBLING AND RACING CONTROL ACT 1999 - SECT 24 Search warrant (1) If a magistrate is satisfied, on the application of the chief executive officer supported by an affidavit or other sworn evidence, that there is a reasonable ground for suspecting that a document or gaming equipment relevant to an investigation into a possible offence against a gaming law, or any other thing constituting evidence of an offence against a gaming law, may be found in certain premises, the magistrate may issue a warrant authorising an authorised officer together with any assistants named or described in the warrant-- (a) to enter those premises, using the force that is necessary for the purpose; and (b) to search the premises and to break open and search anything in the premises in which a document or any gaming equipment may be stored or concealed; and (c) to seize and remove, on behalf of the commission-- (i) any document that appears to be relevant to the obligations of a person under a gaming law; or (ii) any gaming equipment that the officer believes on reasonable grounds to be connected with an offence against a gaming law; or (iii) any other thing that the officer believes on reasonable grounds might be used as evidence in a prosecution for an offence against a gaming law. (2) The powers given by this section are in addition to, and not in derogation of, any other powers given by law. GAMBLING AND RACING CONTROL ACT 1999 - SECT 25 Use and inspection of documents and records produced or seized (1) This section applies to a document that has been produced to the commission or seized and removed by an authorised officer. (2) The document may be kept for as long as is reasonably necessary to enable it to be inspected, copies of, or extracts or notes from it to be made, and for a decision to be made about whether subsection (3) applies. (3) If the document is required by the commission as evidence for a legal proceeding, it may be kept until the proceeding is finally decided. (4) The commission must permit a person who would be entitled to inspect the document if it were not in the possession of the commission to inspect the document at any reasonable time. (5) Nothing in this section prejudices a lien a person has on the document. GAMBLING AND RACING CONTROL ACT 1999 - SECT 26 Use of goods produced or seized (1) This section applies to any thing, other than a document, that has been produced to the commission or seized and removed by an authorised officer. (2) The thing may be kept for as long as is reasonably necessary to enable it to be inspected and for a decision to be made about whether subsection (3) applies. (3) If the thing is required by the commission as evidence for a legal proceeding, it may be kept until the proceeding is finally decided. (4) If the owner of the thing is convicted as a result of the legal proceedings, the court may direct that the thing be forfeited to the Territory, and in that case it may be disposed of as the Minister directs. (5) If the thing is no longer required by the commission, but the commission cannot return it to the owner within 12 months despite reasonable efforts to do so (for example, because the owner has left the ACT), the commission may direct that the thing be disposed of by auction and the proceeds held for the owner instead of the thing. Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132). (6) Nothing in this section prejudices a lien a person has on the thing. GAMBLING AND RACING CONTROL ACT 1999 - SECT 27 Selfincrimination (1) A person is not excused from answering a question, providing information or producing a document, when required to do so under this Act, on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (2) If the person objects to answering the question, providing the information or producing the document on that ground, the answer, information or document is not admissible against the person in any criminal proceedings other than-- (a) proceedings for an offence in relation to false or misleading statements, information or records; or (b) proceedings for an offence in the nature of perjury. GAMBLING AND RACING CONTROL ACT 1999 - SECT 28 Failing to comply with requirement of authorised officer (1) A person must not, without reasonable excuse, fail to comply with a requirement of an authorised officer under this division. Maximum penalty: 50 penalty units. (2) A person does not commit an offence against this section arising from the entry of an authorised officer onto premises unless it is established that, at the material time, the authorised officer-- (a) identified himself or herself as an authorised officer; and (b) warned the person that a refusal or failure to comply with the requirement constituted an offence. GAMBLING AND RACING CONTROL ACT 1999 - SECT 30 Access to public records without fee The commission is entitled to inspect and take copies of any public record kept under an Act or law of the Territory without payment of any fee that would otherwise be payable. GAMBLING AND RACING CONTROL ACT 1999 - SECT 31 Investigation of complaints (1) A person may lodge a complaint with the commission, in a form approved by the commission, about compliance with a gaming law. (2) If a complaint has been lodged under this section and investigated by the commission, the commission may give the complainant information about the results of the investigation if the commission is satisfied that-- (a) the complainant has a legitimate interest in the information; and (b) giving the information to the complainant would not unreasonably prejudice the privacy or other interests of another person. (3) The commission must include in its annual report a statistical summary of complaints lodged under this section and the results of any investigations resulting from them. GAMBLING AND RACING CONTROL ACT 1999 - SECT 32 Cooperative agreements The commission may make agreements with the responsible authorities of reciprocating jurisdictions governing cooperation under this division. GAMBLING AND RACING CONTROL ACT 1999 - SECT 33 Investigation at request of reciprocating jurisdiction (1) The commission may authorise a gaming officer of the Territory or of a reciprocating jurisdiction to investigate a matter that relates to the administration or enforcement of a gaming law of that jurisdiction, on the written request of an officer of that jurisdiction who exercises functions in relation to a gaming law of that jurisdiction. (2) This Act applies in relation to an investigation under this section as if it were an investigation into a matter relating to the administration or enforcement of a gaming law of the Territory. GAMBLING AND RACING CONTROL ACT 1999 - SECT 34 Meaning of gaming officer in div 4.4 In this division: "gaming officer" includes any person who has acquired a confidential document or confidential information under a gaming law or as a result of exercising functions under or in relation to a gaming law. GAMBLING AND RACING CONTROL ACT 1999 - SECT 35 Gaming officers must respect confidentiality (1) A person who is or has been a gaming officer must not, otherwise than in the performance of the person's duties as a gaming officer, make a record of any confidential information about another person. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) A person who is or has been a gaming officer must not disclose any information obtained under or in relation to the administration of a gaming law, except as permitted by this part. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) The commission may require a gaming officer to make an oath or affirmation, in a way specified by the commission in writing, to maintain secrecy in accordance with this section. Note If a form is approved under s 53D for an oath or affirmation, the form must be used. (4) For subsection (2), information disclosed to the commission by a person exercising a function under a law of the Commonwealth, a State or another Territory in relation to gaming or racing is information obtained under this Act. GAMBLING AND RACING CONTROL ACT 1999 - SECT 36 Permitted disclosures of a general nature (1) The commission may disclose information obtained under or in relation to the administration of a gaming law that does not and is not likely to-- (a) directly or indirectly identify a particular person; or (b) disclose matters about the personal affairs of a particular person. (2) The commission may disclose statistical information that does not satisfy subsection (1) if-- (a) the reason that a person or his or her affairs might be identified is that there are few people in particular categories; and (b) the commission is satisfied that it is in the public interest to disclose that information. GAMBLING AND RACING CONTROL ACT 1999 - SECT 37 Permitted disclosures to particular people A gaming officer may disclose information obtained under or in relation to the administration of a gaming law-- (a) with the consent of the person to whom the information relates or at the request of a person acting on behalf of the person to whom the information relates; or (b) in connection with the administration or execution of a gaming law (including for the purpose of any legal proceedings arising out of a gaming law or a report of any such proceedings); or (c) in accordance with a requirement imposed under an Act; or (d) to any of the following, or to a person authorised to receive the information by any of the following: (i) for the purpose of the administration or enforcement of a gaming law of a reciprocating jurisdiction--a person who, or authority that, exercises functions under that law; (ii) the auditor-general; (iii) the Australian Competition and Consumer Commission; (iv) the Australian Crime Commission; (v) the Australian Federal Police; (vi) the Australian Securities and Investments Commission; (vii) the Australian statistician; (viii) the Australian Transaction Reports and Analysis Centre (AUSTRAC); (ix) the chief police officer; (x) the commissioner for revenue; (xi) the Commissioner of Taxation of the Commonwealth; (xii) the Commonwealth Department of Immigration; (xiii) the Commonwealth Services Delivery Agency (Centrelink); (xiv) the ombudsman; (xv) the police force or service of a State; Note State includes the Northern Territory (see Legislation Act, dict, pt 1). (xvi) an authority or agency of a State that is responsible for collecting or receiving taxation revenue of the State; (xvii) a person prescribed by regulation; or (e) in accordance with section 31. GAMBLING AND RACING CONTROL ACT 1999 - SECT 38 Prohibition on secondary disclosures of information A person must not disclose any information provided to the person by a gaming officer in accordance with this Act unless the disclosure is made with the consent of the commission or to enable the person to exercise a function given to the person by law for the purpose of the enforcement of a law for protecting the public revenue. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. GAMBLING AND RACING CONTROL ACT 1999 - SECT 39 Further restrictions on disclosure (1) A person who is or has been a gaming officer must not be required-- (a) to produce a confidential document in court; or (b) to disclose any confidential information to a court; unless the court considers that it is necessary to do so for the administration or execution of a gaming law. (2) In this section: "court" includes any tribunal, authority or person having power to require documents to be produced or questions to be answered. GAMBLING AND RACING CONTROL ACT 1999 - SECT 40 Starting an inquiry (1) The commission must inquire into any matter referred to it by the Minister or under a gaming law. (2) The commission may inquire into any other matter as it considers appropriate. GAMBLING AND RACING CONTROL ACT 1999 - SECT 41 Interested people may make submissions The commission must give any entity directly affected by or interested in the subject matter of an inquiry an opportunity to make submissions. GAMBLING AND RACING CONTROL ACT 1999 - SECT 42 Hearings to be in public An inquiry by the commission must be heard in public unless the commission, for good reason, decides otherwise. GAMBLING AND RACING CONTROL ACT 1999 - SECT 43 Adjournments The commission may at any time adjourn an inquiry as it considers appropriate. GAMBLING AND RACING CONTROL ACT 1999 - SECT 44 Record of proceedings The commission must keep a record of its proceedings. GAMBLING AND RACING CONTROL ACT 1999 - SECT 45 Evidence The commission may inform itself in any way it considers appropriate. GAMBLING AND RACING CONTROL ACT 1999 - SECT 46 Report and recommendations (1) The commission must report its findings in an inquiry, other than an inquiry mentioned in subsection (2), to the Minister and may make recommendations on its findings. (2) If a gaming law requires the commission to make an inquiry before taking a specified action, the commission must report its findings in the annual report. (3) The Minister must present any reports and recommendations before the Legislative Assembly within 14 sitting days after receiving them. GAMBLING AND RACING CONTROL ACT 1999 - SECT 47 Rules of commission (1) The commission may, in writing, make rules for the procedure of the commission in an inquiry. (2) A rule made under subsection (1) is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. GAMBLING AND RACING CONTROL ACT 1999 - SECT 48 Provisions of Taxation Administration Act apply The provisions of the Taxation Administration Act 1999, except for part 9 (Taxation officers, investigation and secrecy provisions), apply in relation to a gaming law as if-- (a) a reference to an authorised officer were a reference to an authorised officer under this Act; and (b) a reference to the commissioner were a reference to the commission under this Act; and (c) a reference to the Minister were a reference to the Minister in relation to this Act; and (d) a reference to a tax law were a reference to a gaming law under this Act; and (e) a reference to a tax officer were a reference to a gaming officer under this Act. GAMBLING AND RACING CONTROL ACT 1999 - SECT 49 Commission may exercise functions under Commonwealth Act The commission may exercise the functions of a State taxation officer under the Taxation Administration Act 1953 (Cwlth), part 3A. GAMBLING AND RACING CONTROL ACT 1999 - SECT 53C Acts and omissions of representatives (1) In this section: "person" means an individual. Note See the Criminal Code, pt 2.5 for provisions about corporate criminal responsibility. "representative", of a person, means an employee or agent of the person. "state of mind", of a person, includes-- (a) the person's knowledge, intention, opinion, belief or purpose; and (b) the person's reasons for the intention, opinion, belief or purpose. (2) This section applies to a prosecution for any offence against this Act. (3) If it is relevant to prove a person's state of mind about an act or omission, it is enough to show-- (a) the act was done or omission made by a representative of the person within the scope of the representative's actual or apparent authority; and (b) the representative had the state of mind. (4) An act done or omitted to be done on behalf of a person by a representative of the person within the scope of the representative's actual or apparent authority is also taken to have been done or omitted to be done by the person. (5) However, subsection (4) does not apply if the person establishes that reasonable precautions were taken and appropriate diligence was exercised to avoid the act or omission. (6) A person who is convicted of an offence cannot be punished by imprisonment for the offence if the person would not have been convicted of the offence without subsection (3) or (4). GAMBLING AND RACING CONTROL ACT 1999 - SECT 53CA Protection for authorised officers (1) This section applies to an authorised officer who is not a member of the governing board. Note Members of governing boards are protected from liability under the Financial Management Act 1996, s 90. (2) The authorised officer is not civilly liable for anything done or omitted to be done honestly and without recklessness-- (a) for the purpose of administering or enforcing a territory gaming law; or (b) for the purpose of administering or enforcing a gaming law of a reciprocating jurisdiction under division 4.3; or (c) in the reasonable belief that the act or omission was for a purpose mentioned in paragraph (a) or (b). (3) Any liability that would, apart from this section, attach to the authorised officer attaches instead to the commission. GAMBLING AND RACING CONTROL ACT 1999 - SECT 53D Approved forms (1) The commission may, in writing, approve forms for a gaming law. (2) If the commission approves a form for a particular purpose, the approved form must be used for that purpose. (3) An approved form is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. GAMBLING AND RACING CONTROL ACT 1999 - SECT 54 Regulation-making power (1) The Executive may make regulations for this Act. Note A regulation must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) A regulation may prescribe offences for contraventions of a regulation and prescribe maximum penalties of not more than 10 penalty units for offences against a regulation. GAMBLING AND RACING CONTROL ACT 1999 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms: o ACT o director-general (see s 163) o exercise o function o under. "annual report" means the report that the commission is required to prepare under the Annual Reports (Government Agencies) Act 2004. "authorised officer" means a person who is an authorised officer under section 20. "casino" means the casino under the Casino Control Act 2006. "chief executive officer" means the chief executive officer of the commission. "code of practice"--see section 18. "commission" means the Gambling and Racing Commission. "executive officer", of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation's management. "gaming" means conducting or playing a game of chance, or of mixed chance and skill, in which money or any other valuable thing is offered as a prize or is staked or risked (by a participant or someone else) on an event or contingency. "gaming equipment" means any electrical, electronic or mechanical device or any other thing (other than chips) used, or suitable for use, in connection with gaming. "gaming law"-- (a) in relation to the Territory--see section 4; and (b) in relation to the Commonwealth, a State, another Territory, or a foreign country, (the "other jurisdiction")--means a law of the other jurisdiction that relates to gaming or racing. "gaming officer"-- (a) for this Act generally--means any of the following: (i) a member of the governing board; (ii) any other authorised officer; (iii) anyone else engaged (whether as an officer or employee or otherwise) in the administration or enforcement of a gaming law; and (b) for division 4.4 (Secrecy)--see section 34. "governing board" means the governing board of the commission. "inquiry" means an inquiry conducted under part 5. "racing" means racing conducted for the purpose of betting. "reciprocating jurisdiction" means a jurisdiction, being the Commonwealth, a State, another Territory or New Zealand, under a law of which an officer of the jurisdiction is authorised to give to the commission, for the purposes of the administration of a gaming law, information within the knowledge of the officer. GAMBLING AND RACING CONTROL ACT 1999 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history Gambling and Racing Control Act 1999 No 46 notified 17 September 1999 (Gaz 1999 No S54) s 1, s 2 commenced 17 September 1999 (s 2 (1)) remainder commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63) as amended by Gambling Legislation Amendment Act 1999 No 56 sch 3 (as am by 2000 No 80 amdt 3.5) notified 10 November 1999 (Gaz 1999 No 45) s 1, s 2 commenced 10 November 1999 (s 2 (1)) sch 3 commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63) Statute Law Amendment Act 2000 No 80 amdt 1.1 notified 21 December 2000 (Gaz 2000 No S69) s 1, s 2 commenced 21 December 2000 (IA s 10B) amdt 1.1 taken to have commenced 1 December 1999 (s 2 (2), amdt 1.1) Legislation (Consequential Amendments) Act 2001 No 44 pt 161 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 161 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Race and Sports Bookmaking Act 2001 No 49 sch 2 pt 3 notified 12 July 2001 (Gaz 2001 No 28) s 1, s 2 commenced 12 July 2001 (IA s 10B) sch 2 pt 3 commenced 7 September 2001 (s 2 and Gaz 2001 No S68) Legislation (Gay, Lesbian and Transgender) Amendment Act 2003 A2003-14 sch 1 pt 1.17 notified LR 27 March 2003 s 1, s 2 commenced 27 March 2003 (LA s 75 (1)) sch 1 pt 1.17 commenced 28 March 2003 (s 2) Australian Crime Commission (ACT) Act 2003 A2003-58 sch 1 pt 1.2 notified LR 17 December 2003s 1, s 2 commenced 17 December 2003 (LA s 75 (1))sch 1 pt 1.2 commenced 17 June 2004 (s 2 and LA s 79) Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.16 notified LR 19 March 2004 s 1, s 2 commenced 19 March 2004 (LA s 75 (1)) sch 1 pt 1.16 commenced 13 April 2004 (s 2 and see Annual Reports (Government Agencies) Act 2004 A2004-8, s 2 and CN2004-5) Criminal Code (Theft, Fraud, Bribery and Related Offences) Amendment Act 2004 A2004-15 sch 1 pt 1.18, sch 2 pt 2.40 notified LR 26 March 2004 s 1, s 2 commenced 26 March 2004 (LA s 75 (1)) sch 1 pt 1.18, sch 2 pt 2.40 commenced 9 April 2004 (s 2 (1)) Gaming Machine Act 2004 A2004-34 sch 2 notified LR 9 July 2004 s 1, s 2 commenced 9 July 2004 (LA s 75 (1)) sch 2 commenced 1 November 2004 (s 2 and CN2004-14) Financial Management Legislation Amendment Act 2005 A2005-52 sch 1 pt 1.8 notified LR 26 October 2005s 1, s 2 commenced 26 October 2005 (LA s 75 (1))sch 1 pt 1.8 commenced 1 January 2006 (s 2 (2)) Casino Control Act 2006 A2006-2 sch 1 pt 1.1 notified LR 22 February 2006s 1, s 2 commenced 22 February 2006 (LA s 75 (1)) sch 1 pt 1.1 commenced 1 May 2006 (s 2 and CN2006-6) Statute Law Amendment Act 2007 A2007-3 sch 3 pt 3.51 notified LR 22 March 2007 s 1, s 2 taken to have commenced 1 July 2006 (LA s 75 (2)) sch 3 pt 3.51 commenced 12 April 2007 (s 2 (1)) Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.16 notified LR 20 June 2007 s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2)) sch 3 pt 3.16 commenced 11 July 2007 (s 2 (1)) Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.28 notified LR 12 August 2008 s 1, s 2 commenced 12 August 2008 (LA s 75 (1)) sch 3 pt 3.28 commenced 26 August 2008 (s 2) Unlawful Gambling Act 2009 A2009-39 sch 2 pt 2.1 notified LR 17 November 2009 s 1, s 2 commenced 17 November 2009 (LA s 75 (1)) sch 2 pt 2.1 commenced 22 March 2010 (s 2 and CN2010-2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.70 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.70 commenced 1 July 2011 (s 2 (1)) 4 Amendment history Name of Acts 1 sub A2005-52 amdt 1.111 Dictionarys 2 om 2001 No 44 amdt 1.1866 ins A2005-52 amdt 1.114 Notess 3 defs reloc to dict A2005-52 amdt 1.113 sub A2005-52 amdt 1.114 def casino om A2005-52 amdt 1.112 def commission om A2005-52 amdt 1.112 def gaming officer om A2005-52 amdt 1.112 def penalty unit om 2001 No 49 amdt 2.20 Gaming lawss 4 am 2001 No 44 amdts 1.1867-1.1869; 2001 No 49 amdts 2.21-2.23; A2004-34 amdt 2.3; A2006-2 amdt 1.1; A2009-39 amdt 2.1, amdt 2.2; pars renum R13 LA The commissionpt 2 hdg am A2005-52 amdt 1.115 Establishment and functions of commissiondiv 2.1 hdg (prev pt 2 div 2 hdg) renum R1 LA sub A2005-52 amdt 1.116 Establishment of gambling and racing commissions 5 sub A2005-52 amdt 1.117 Functions of commissions 6 am 2001 No 44 amdt 1.1870, amdt 1.1871; A2005-52 amdt 1.118 Powers of commissions 9 om A2005-52 amdt 1.119 Delegations 10 sub A2007-16 amdt 3.65 Governing boarddiv 2.2 hdg (prev pt 2 div 2 hdg) renum R1 LA sub A2005-52 amdt 1.121 Establishment of governing boards 11 om A2005-52 amdt 1.120 ins A2005-52 amdt 1.122 am A2008-28 amdt 3.92 Governing board memberss 12 sub A2005-52 amdt 1.122 Chief executive officer of commissions 13 om A2005-52 amdt 1.123 ins A2005-52 amdt 1.122 Staffs 14 sub A2005-52 amdt 1.124 am A2007-3 amdt 3.283; A2011-22 amdt 1.216 Consultants and contractorss 15 sub A2005-52 amdt 1.124 Annual reports 16 om A2004-9 amdt 1.24 Monitoring and researchdiv 3.1 hdg (prev pt 3 div 1 hdg) renum R1 LA Dealing with social effects of gamblingdiv 3.2 hdg (prev pt 3 div 2 hdg) renum R1 LA Authorised officersdiv 4.1 hdg (prev pt 4 div 1 hdg) renum R1 LA Authorised officerss 20 sub A2005-52 amdt 1.125 am A2011-22 amdt 1.217 Powers of investigationdiv 4.2 hdg (prev pt 4 div 2 hdg) renum R1 LA Search warrants 24 am A2005-54 amdt 1.126 Commission may require records to be kepts 22A ins 2001 No 49 amdt 2.24 Failing to comply with requirement of authorised officers 28 hdg sub A2004-15 amdt 2.89s 28 am A2004-15 amdt 2.90; ss renum R4 LA (see A2004-15 amdt 2.91) Impersonating authorised officers 29 om A2004-15 amdt 2.92 Cooperation with other jurisdictionsdiv 4.3 hdg (prev pt 4 div 3 hdg) renum R1 LA Secrecydiv 4.4 hdg (prev pt 4 div 4 hdg) renum R1 LA Gaming officers must respect confidentialitys 35 am 2001 No 44 amdt 1.1872, amdt 1.1873 Permitted disclosures to particular peoples 37 am A2003-58 amdt 1.2; A2009-39 amdt 2.3 Rules of commissions 47 am 2001 No 44 amdt 1.1874, amdt 1.1875 Provisions of Taxation Administration Act applys 48 am 2001 No 49 amdt 2.25 Miscellaneouspt 7 hdg orig pt 7 hdg om A2006-2 amdt 1.2 (prev pt 9 hdg) renum A2006-2 amdt 1.3 Meaning of Casino Act in pt 7s 50 om A2006-2 amdt 1.2 Functions of commission in relation to Casino Acts 51 am 1999 No 56 s 90 sch 3 (as am 2000 No 80 amdt 3.5) om A2006-2 amdt 1.2 Racingpt 8 hdg om A2006-2 amdt 1.2 Meaning of Racing Act in pt 8s 52 om A2006-2 amdt 1.2 Functions of commission in relation to Racing Acts 53 om A2006-2 amdt 1.2 Service of documentspt 8A hdg ins 2001 No 49 amdt 2.26 om A2006-2 amdt 1.2 Service of documents etc on people generallys 53A ins 2001 No 49 amdt 2.26 om A2006-2 amdt 1.2 Serving documents etc on commissions 53B ins 2001 No 49 amdt 2.26 om A2006-2 amdt 1.2 Miscellaneouspt 9 hdg renum as pt 7 hdg Acts and omissions of representativess 53C ins 2001 No 49 amdt 2.27 sub A2004-15 amdt 1.22 Protection for authorised officerss 53CA ins A2005-52 amdt 1.127 Approved formss 53D ins 2001 No 44 amdt 1.1876 (4)-(7) exp 12 September 2002 (s 53D (7)) Regulation-making powers 54 sub 2001 No 44 amdt 1.1876 Appointment and terms of office of members of commissionsch 1 om A2005-52 amdt 1.128 Appointment of ordinary memberss 1.2 am A2003-14 amdt 1.60, amdt 1.61 om A2005-52 amdt 1.128 Term of offices 1.5 am 2000 No 80 amdt 1.1 om A2005-52 amdt 1.128 Meetingssch 2 om A2005-52 amdt 1.128 Meetingss 2.7 am A2004-34 amdt 2.4 om A2005-52 amdt 1.128 Dictionarydict ins A2005-52 amdt 1.129 am A2011-22 amdt 1.218 def annual report ins A2004-9 amdt 1.23 reloc from s 3 A2005-52 amdt 1.113 def authorised officer ins A2005-52 amdt 1.129 def casino ins A2005-52 amdt 1.129 sub A2006-2 amdt 1.4 def chief executive officer ins A2005-52 amdt 1.129 def code of practice reloc from s 3 A2005-52 amdt 1.113 def commission ins A2005-52 amdt 1.129 def executive officer ins 2001 No 49 amdt 2.19 reloc from s 3 A2005-52 amdt 1.113 def gaming reloc from s 3 A2005-52 amdt 1.113 sub A2009-39 amdt 2.4 def gaming equipment reloc from s 3 A2005-52 amdt 1.113 def gaming law am A2004-34 amdt 2.1 reloc from s 3 A2005-52 amdt 1.113 def gaming officer ins A2005-52 amdt 1.129 sub A2008-28 amdt 3.93 def governing board ins A2005-52 amdt 1.129 def inquiry reloc from s 3 A2005-52 amdt 1.113 def racing reloc from s 3 A2005-52 amdt 1.113 def reciprocating jurisdiction am A2004-34 amdt 2.2 reloc from s 3 A2005-52 amdt 1.113 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R0A13 Feb 2006 1 Dec 1999-20 Dec 2000 A1999-56 amendments by A1999-56 R0B13 Feb 2006 21 Dec 2000-6 Sept 2001 A2000-80 amendments by A2000-80 R12 Nov 2001 12 Sept 2001-12 Sept 2002 A2001-49 amendments by A2001-44 and A2001-49 R213 Sept 2002 13 Sept 2002-27 Mar 2003 A2001-49 commenced expiry R328 Mar 2003 28 Mar 2003-8 Apr 2004 A2003-14 amendments by A2003-14 R49 Apr 2004 9 Apr 2004-12 Apr 2004 A2004-15 amendments by A2004-15 R513 Apr 2004 13 Apr 2004-16 June 2004 A2004-15 amendments by A2004-9 R617 June 2004 17 Jun 2004-31 Oct 2004 A2004-15 amendments by A2003-58 R71 Nov 2004 1 Nov 2004-31 Dec 2005 A2004-34 amendments by A2004-34 R81 Jan 2006 1 Jan 2006-30 Apr 2006 A2005-52 amendments by A2005-52 R91 May 2006 1 May 2006-11 Apr 2007 A2006-2 amendments by A2006-2 R1012 Apr 2007 12 Apr 2007-10 July 2007 A2007-3 amendments by A2007-3 R1111 July 2007 11 July 2007-25 Aug 2008 A2007-16 amendments by A2007-16 R12*26 Aug 2008 26 Aug 2008-21 Mar 2010 A2008-28 amendments by A2008-28 R1322 Mar 2010 22 Mar 2010-30 June 2011 A2009-39 amendments by A2009-39 (c) Australian Capital Territory 2011 GAMBLING AND RACING CONTROL ACT 1999 - NOTES Australian Capital Territory A1999-46 Republication No 14 Effective: 1 July 2011 Republication date: 1 July 2011 Last amendment made by A2011-22Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Gambling and Racing Control Act 1999 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Gambling and Racing Control Act 1999 Endnotes Australian Capital Territory Gambling and Racing Control Act 1999