POKER MACHINE (REDUCED LOSSES-INTERIM MEASURES) BILL 2010

i Poker Machine (Reduced Losses--Interim Measures) Bill 2010 No. , 2010

Contents

Part 1--Preliminary

1 Short

title

...........................................................................................

2 Commencement

.................................................................................

Object of Act...................................................................................... 2

4 Application

Act

.............................................................................

Relationship with State and Territory law ......................................... 2

6 Definitions

.........................................................................................

Part 2--Restrictions on the practical operation of poker

machines

Dealing with poker machines ............................................................ 4

Restrictions on the practical operation of poker machines ................ 4

Part 3--Civil penalties

Pecuniary penalties for contravention of civil penalty

provisions ........................................................................................... 6

Contravening a civil penalty provision is not an offence ................... 7

Recovery of a pecuniary penalty ........................................................ 7

Part 4--Miscellaneous

13 Regulations

........................................................................................

Poker Machine (Reduced Losses--Interim Measures) Bill 2010 No. , 2010 1

A Bill for an Act to put in place interim measures to

regulate the rate of poker machine losses

The Parliament of Australia enacts:

Part 1--Preliminary

1 Short title

This Act may be cited as the Poker Machine (Reduced Losses--

Interim Measures) Act 2010.

Part 1 Preliminary

Section 2

2 Poker Machine (Reduced Losses--Interim Measures) Bill 2010 No. , 2010

2 Commencement

This Act commences at the end of 28 days after the day on which it

receives the Royal Assent.

3 Object of Act

The object of this Act is to put in place interim measures to

regulate the rate of poker machine losses by restricting the practical

operation of poker machines.

4 Application of Act

Extension to external Territories

(1) This Act extends to Norfolk Island, the Territory of Cocos

(Keeling) Islands and the Territory of Christmas Island.

Limited extraterritorial application

(2) This Act applies to acts, omissions, matters and things in the

Australian jurisdiction and does not apply to acts, omissions,

matters and things outside the Australian jurisdiction.

5 Relationship with State and Territory law

This Act is not intended to exclude or limit the concurrent

operation of any law of a State or Territory, unless the contrary

intention appears.

6 Definitions

In this Act:

corporation means a corporation to which paragraph 51(xx) of the

Constitution applies.

poker machine includes:

(a) gaming machine; and

(b) any machine licensed or required to be licensed for use in a

State or Territory as a poker machine or gaming machine;

Part 2 Restrictions on the practical operation of poker machines

Section 8

4 Poker Machine (Reduced Losses--Interim Measures) Bill 2010 No. , 2010

Part 2--Restrictions on the practical operation of

poker machines

8 Dealing with poker machines

(1) A corporation must not:

(a) manufacture a poker machine; or

(b) acquire, install, own, operate or lease a poker machine; or

machine; or

(d) otherwise exercise any property right over or in connection

with a poker machine or the revenue from a poker machine;

unless the machine complies with each requirement in section 9.

(2) A person must not:

(a) aid, abet, counsel or procure a contravention of

subsection (1); or

(b) induce, whether by threats or promises or otherwise, a

contravention of subsection (1); or

or party to, a contravention of subsection (1); or

(d) conspire with others to effect a contravention of

subsection (1).

(3) Subsections (1) and (2) are civil penalty provisions.

Note:

Part 3 provides for pecuniary penalties for breaches of civil penalty

provisions.

9 Restrictions on the practical operation of poker machines

Restriction on bank note denomination

(1) The machine must not accept banknotes with a denomination

greater than $20.

Restrictions on the practical operation of poker machines Part 2

Section 9

Poker Machine (Reduced Losses--Interim Measures) Bill 2010 No. , 2010 5

Restriction on entering credits

(2) The machine must not be capable of accepting additional credits

from a player if the machine stands in credit to the player to the

value of $20 or more.

Maximum bet

(3) The machine must not be capable of allowing a maximum bet in

excess of $1 per spin.

Maximum loss

(4) The machine must not be capable of allowing a maximum loss in

excess of $120 in any single hour of operation.

Part 3 Civil penalties

Section 10

6 Poker Machine (Reduced Losses--Interim Measures) Bill 2010 No. , 2010

Part 3--Civil penalties

10 Pecuniary penalties for contravention of civil penalty provisions

(1) If the Federal Court is satisfied that a person has contravened a

civil penalty provision, the Court may order the person to pay to

the Commonwealth such pecuniary penalty, in respect of each

contravention, as the Court determines to be appropriate.

(2) In determining the pecuniary penalty, the Court must have regard

to all relevant matters, including

(a) the nature, extent and circumstances of the contravention;

and

(b) the nature and extent of any loss or damage suffered as a

result of the contravention;

proceedings under this Act to have engaged in any similar

conduct.

(3) In assessing the extent of any loss or damage, the Court may

consider the harm that is caused to vulnerable people, to their

families and to Australian society by the use of expensive,

addictive poker machines.

(4) The pecuniary penalty payable under subsection (1) is not to

exceed 2000 penalty units for each contravention.

Note:

penalty unit has the meaning given by section 4AA of the Crimes Act

1914.

(5) It is open to the Court to find that a failure to comply with more

than one subsection in section 9 constitutes more than one

contravention of a civil penalty provision even if that contravention

relates to the same conduct.

(6) It is open to the Court to find that a person who contravenes a civil

penalty provision commits a separate contravention of that

provision in respect of each day during which the contravention

continues.

Civil penalties Part 3

Section 11

Poker Machine (Reduced Losses--Interim Measures) Bill 2010 No. , 2010 7

11 Contravening a civil penalty provision is not an offence

A contravention of a civil penalty provision is not an offence.

12 Recovery of a pecuniary penalty

If the Federal Court orders a person to pay a pecuniary penalty:

(a) the penalty is payable to the Commonwealth; and

(b) the Commonwealth may enforce the order as if it were a

judgment of the Court.

Part 4 Miscellaneous

Section 13

8 Poker Machine (Reduced Losses--Interim Measures) Bill 2010 No. , 2010

Part 4--Miscellaneous

13 Regulations

The Governor-General may make regulations prescribing matters:

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or

giving effect to this Act.

Commonwealth of Australia Bills

POKER MACHINE (REDUCED LOSSES-INTERIM MEASURES) BILL 2010