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Thursday, 29 November 2012
Page: 13939


Ms MACKLIN (JagajagaMinister for Families, Community Services and Indigenous Affairs and Minister for Disability Reform) (13:29): I present a supplementary explanatory memorandum to the bill. I ask leave of the House to move government amendments (1) to (20) as circulated together.

Leave granted.

Ms MACKLIN: I move government amendments (1) to (20) as circulated:

(1) Clause 14, page 17 (line 16), omit "1 May 2013", substitute "1 February 2014".

(2) Clause 16, page 17 (line 30), before "The", insert "(1)".

(3) Clause 16, page 17 (lines 30 and 31), omit "the day this Act commences", substitute "the day or days prescribed by the regulations for the purposes of this subsection".

(4) Clause 16, page 18 (after line 6), at the end of the clause, add:

   (2) For the purposes of subsection (1), the regulations may prescribe different days in relation to gaming machines that are made available for use on specified classes of gaming machine premises.

(5) Clause 34, page 34 (after line 7), after subclause (3), insert:

Electronic transaction statements

   (3A) A transaction statement may be provided electronically if the person who requests the transaction statement also requests that it be provided electronically.

(6) Clause 51, page 42 (line 14), at the end of subclause (1), add:

   ; and (d) if the law of the State or Territory requires the precommitment system to be approved or authorised under that law—the precommitment system is approved or authorised for the State or Territory under that law.

(7) Clause 54, page 44 (line 2), omit "may", substitute "must".

(8) Clause 54, page 44 (line 11), at the end of subclause (1), add:

   ; or (d) if the law of the State or Territory requires the precommitment system to be approved or authorised under that law—the precommitment system is not approved or authorised for the State or Territory under that law.

(9) Clause 82, page 64 (after line 7), at the end of the clause, add:

Note: However, the total amount of supervisory levy that is payable in relation to the levy periods in a calendar year must not be more than an amount determined by the Minister for that year under section 84A.

(10) Clause 83, page 64 (line 9), before "An", insert "(1)".

(11) Clause 83, page 64 (after line 18), at the end of the clause, add:

   (2) Despite subsection (1), an amount of supervisory levy is not payable for any gaming machine that is made available for use on gaming machine premises that are prescribed by the regulations for the purposes of this subsection.

(12) Page 65 (after line 5), at the end of Part 2, add:

84A Cap on total amount of supervisory levy payable in a calendar year

   (1) The total amount of supervisory levy that is payable in relation to the levy periods in a calendar year must not exceed the amount determined by the Minister under subsection (2) for that calendar year.

Determining total amount of supervisory levy that is payable

   (2) The Minister must, in a calendar year, determine by legislative instrument the total amount of supervisory levy that is payable in relation to the levy periods in the next calendar year (the levy year).

   (3) In making a determination, the Minister must consult (whether directly or indirectly) with the persons who are liable to pay the supervisory levy under section 84.

   (4) The amount determined must not be more than the lesser of the following amounts:

      (a) either:

         (i) $10 million; or

         (ii) if a lower amount has been prescribed by the regulations for the purposes of section 84B—that amount;

      (b) the total cost to the Commonwealth, during the last financial year ending before the levy year, in relation to the administration of this Act as referred to in paragraph 111(4)(ca).

Indexation

   (5) The regulations may specify:

      (a) an index for the purposes of this section; and

      (b) the manner of working out an increase in the amount that applies under paragraph (4)(a) of this section by reference to the movement of that index over the year ending each 31 December.

   (6) The amount that applies under paragraph (4)(a), for a year in which there is an increase in the specified index, is increased in the manner prescribed by the regulations.

Regulations may prescribe method for dealing with excess

   (7) The regulations may prescribe a method for distributing, to any persons who paid supervisory levy in relation to a calendar year, any excess supervisory levy that was paid in relation to the year in contravention of subsection (1).

Validity of regulations

   (8) To avoid doubt, the validity of regulations made under section 6 of the National Gambling Reform (Related Matters) Act (No. 1) 2012 is not affected by a failure to comply with subsection (1) of this section.

84B Setting an upper limit for cap on total amount of supervisory levy

   (1) Within 12 months of the day this Act commences, the Regulator must estimate in writing the total cost to the Commonwealth, during a calendar year, in relation to the administration of this Act (assuming that all provisions of this Act are applying in relation to gaming machines that are made available for use on gaming machines premises with at least 11 gaming machines).

   (2) The regulations may prescribe an amount for the purposes of this section if the amount of the total cost determined under subsection (1) is less than $10 million.

Note:   The total amount of supervisory levy that is payable for the levy periods in a calendar year must not exceed the amount prescribed for the purposes of this section (see paragraph 84A(4)(a)).

   (3) An amount prescribed under subsection (2) of this section must be no more than the amount determined by the Regulator under subsection (1).

84C Review by Minister of upper limit for cap on total amount of supervisory levy

   (1) Within 5 years of the day this Act commences, the Minister must review the amount that applies under paragraph 84A(4)(a).

   (2) In conducting that review, the Minister must consult (whether directly or indirectly) with the persons who are liable to pay the supervisory levy under section 84.

(13) Clause 111, page 80 (after line 12), after paragraph (4)(c), insert:

   (ca) the total cost to the Commonwealth during the year in relation to the administration of this Act;

(14) Clause 111, page 80 (after line 13), at the end of the clause, add:

Note: The total amount of supervisory levy that is payable for the levy periods in a calendar year must not exceed the costs to the Commonwealth in relation to the administration of this Act for the previous financial year (see section 84A).

(15) Clause 192, page 149 (line 16), after "as well as", insert "other matters, such as".

(16) Heading to clause 194, page 151 (line 19), omit the heading, substitute:

194 Productivity Commission review of other matters

(17) Clause 194, page 151 (lines 29 and 30), omit paragraph (1)(b), substitute:

   (b) whether to retain the prohibition on the use of biometric processes in subsection 29(3);

   (c) the use of loyalty schemes in relation to gaming machine premises as part of providing precommitment systems;

   (d) whether a limit should be imposed in relation to cash withdrawn on gaming machine premises using a system of electronic funds transfer at the point of sale;

   (e) whether there are grounds for smaller gaming machine premises in regional and remote areas being exempt from the requirements for precommitment systems and dynamic warnings;

   (f) any other matter that the Minister who administers this Act considers relevant.

(18) Clause 194, page 151 (line 31), omit "Note", substitute "Note 1".

(19) Clause 194, page 151 (after line 32), at the end of the clause, add:

Note 2: For the Australian Gambling Research Centre, see subsection 196(3).

(20) Clause 196, page 153 (lines 15 and 16), omit subclause (2), substitute:

   (2) The supervisory levy must not be used to cover any costs that relate to the functions of the Director referred to in subsection (1).

The government are proposing a number of amendments to address issues raised in the Joint Select Committee on Gambling Reform's inquiry into the legislation. Firstly, the government are proposing an amendment to the start of the ATM withdrawal provisions. The amended start date will be1 February 2014, which provides around a year for implementation, as requested by the industry. Secondly, a further amendment is proposed to clarify that registered players of precommitment can request an electronic transaction statement. This matter was raised during the joint select committee inquiry into the legislation. Further, the government are proposing amendments to the provisions on approving and revoking approvals for precommitment. These amendments were requested by the Victorian government to make sure that the Commonwealth and state precommitment laws work together where all requirements are met.

In relation to the supervisory levy, we are also proposing a number of amendments to the operation of the supervisory levy to give more certainty to industry. These changes are an amendment that will set a $10 million a year indexed cap on the supervisory levy. The cap will be reviewed after 12 months, following negotiations with the states and territories, and can be revised downwards but not up. At this time, the levy cap will also be reviewed after five years. Every year the amount of the levy will be set by ministerial determination based on the actual cost of the regulator in the previous year, but it can be no higher than the cap. The method of calculating the levy will be set in regulations. Amendments the government are proposing will allow different classes of venues—for example, small venues—to be treated differently in the calculation of the levy.

An amendment is also proposed confirming that the supervisory levy will not be used to recover the costs of the Australian Gambling Research Centre. In relation to the Productivity Commission inquiry, amendments are proposed to require further matters to be referred to the Productivity Commission for inquiry. These amendments also address recommendations from the Joint Select Committee on Gambling Reform. The government proposes to amend the scope of the Productivity Commission'sreview and assessment of progress to include the following: whether to retain the prohibition on the use of biometric processes; the application of loyalty schemes for gaming machines; premises in relation to the delivery of precommitment systems; whether a limit should be imposed in relation to cash withdrawn, using a system of electronic funds transfer at point of sale on gaming machine premises; whether there are grounds for further exemptions for precommitment; dynamic warning requirements for smaller venues in regional and remote areas; and in any other matter the minister who administers this act considers relevant.

I thank all stakeholders who have worked with the government on this very important legislation and I commend the amendments to the House.

Question agreed to.