NATIONAL GAMBLING REFORM BILL 2012E NATIONAL GAMBLING REFORM (RELATED MATTERS) BILL (NO. 1) 2012E NATIONAL GAMBLING REFORM (RELATED MATTERS) BILL (NO. 2) 2012

Messages from the House of Representatives were reported transmitting for the concurrence of the Senate the following bills:

 Message no. 569, dated 29 November 2012—A Bill for an Act to provide for national gambling reform in relation to gaming machines, and for related purposes.

 Message no. 568, dated 29 November 2012—A Bill for an Act to impose a supervisory levy in relation to gaming machines, and for related purposes.

 Message no. 567, dated 29 November 2012—A Bill for an Act to impose a gaming machine regulation levy in relation to gaming machines, and for related purposes.

The Parliamentary Secretary for School Education and Workplace Relations (Senator Collins) moved—That these bills may proceed without formalities, may be taken together and be now read a first time.

Question put and passed.

Bills read a first time.

Senator Collins moved—That these bills be now read a second time.

Explanatory memorandum: Senator Collins tabled a revised explanatory memorandum relating to the bills.

Debate ensued.

Limitation of debate: The time allotted for the second reading of the bills expired.

Question—That these bills be now read a second time—put.

The Senate divided—

AYES, 37

Senators—

Bilyk

Bishop

Brown

Cameron

Carr, Kim

Collins

Conroy

Crossin

Di Natale

Faulkner

Feeney

Furner

Gallacher

Hanson-Young

Hogg

Ludlam

Ludwig

Madigan

Marshall

McEwen

McLucas

Milne

Moore

Polley (Teller)

Pratt

Rhiannon

Siewert

Singh

Stephens

Sterle

Thistlethwaite

Urquhart

Waters

Whish-Wilson

Wong

Wright

Xenophon

NOES, 29

Senators—

Abetz

Back (Teller)

Bernardi

Birmingham

Boyce

Brandis

Bushby

Cash

Colbeck

Cormann

Edwards

Eggleston

Fawcett

Fierravanti-Wells

Fifield

Humphries

Johnston

Joyce

Kroger

Macdonald

Mason

Nash

Parry

Payne

Ruston

Ryan

Scullion

Smith

Williams

Question agreed to.

Bills read a second time.

The Senate resolved itself into committee for the consideration of the bills.

In the committee

Bills, taken together and as a whole by leave, debated.

Senator Xenophon moved the following amendments in respect of the National Gambling Reform Bill 2012 together by leave:

 Clause 3, page 2 (line 24), after "use of gaming machines", insert "and requires bet limit systems to be in operation for gaming machines".

 Clause 5, page 9 (line 30), omit "and 37", substitute ", 37 and 38A".

 Clause 19, page 20 (line 27), after "generally.", insert "Under Part 3A, a bet limit system must be in operation for a gaming machine.".

 Page 35 (after line 26), after Part 3, insert:

Part 3A—Bet limit systems

38A When a gaming machine is not compliant

  (1) A gaming machine is not compliant if there is no bet limit system in operation for the gaming machine.

   Note: For a civil penalty provision for certain gaming machines that are not compliant, see Part 2 of Chapter 3.

  (2) A bet limit system is in operation for a gaming machine if:

 (a) the gaming machine's maximum bet per spin is $1; and

 (b) the maximum amount payable under a jackpot or linked-jackpot arrangement in relation to the gaming machine is $500; and

 (c) the gaming machine does not accept additional money or credit from a player when it stands in credit to the player to the value of $20 or more; and

 (d) the gaming machine does not accept banknotes of a denomination greater than $20; and

 (e) the gaming machine has a spin rate that ensures that, if it were to be played continuously at maximum intensity for 1 hour, the maximum hourly losses would be no more than $120.

Debate ensued.

Limitation of debate: The time allotted for the consideration of these bills expired.

Question—That the amendments be agreed to—put.

The committee divided—

AYES, 11

Senators—

Di Natale

Hanson-Young

Ludlam

Madigan

Milne

Rhiannon

Siewert (Teller)

Waters

Whish-Wilson

Wright

Xenophon

NOES, 41

Senators—

Back (Teller)

Bilyk

Birmingham

Bishop

Brandis

Brown

Bushby

Cameron

Carr, Kim

Cash

Colbeck

Conroy

Crossin

Edwards

Eggleston

Evans

Fawcett

Feeney

Fifield

Furner

Gallacher

Hogg

Kroger

Ludwig

Marshall

McEwen

McLucas

Moore

Parry

Payne

Polley

Pratt

Ruston

Scullion

Singh

Smith

Stephens

Sterle

Thistlethwaite

Urquhart

Wong

Question negatived.

The following amendments in respect of the National Gambling Reform Bill 2012 circulated by Senator Xenophon were considered:

 Clause 3, page 2 (line 24), after "use of gaming machines", insert "and allows the regulations to require bet limit systems to be in operation for gaming machines".

 Clause 5, page 9 (line 30), omit "and 37", substitute ", 37 and 38A".

 Clause 19, page 20 (line 27), after "generally.", insert "Under Part 3A, a bet limit system must be in operation for a gaming machine if the regulations require such a system to be in operation for gaming machines.".

 Page 35 (after line 26), after Part 3, insert:

Part 3A—Bet limit systems

38A When a gaming machine is not compliant

  (1) The regulations may require a bet limit system to be in operation for gaming machines.

  (2) A gaming machine is not compliant if:

 (a) the regulations require a bet limit system to be in operation for gaming machines; and

 (b) there is no bet limit system in operation for the gaming machine.

   Note: For a civil penalty provision for certain gaming machines that are not compliant, see Part 2 of Chapter 3.

  (3) A bet limit system is in operation for a gaming machine if:

 (a) the gaming machine's maximum bet per spin is $1; and

 (b) the maximum amount payable under a jackpot or linked-jackpot arrangement in relation to the gaming machine is $500; and

 (c) the gaming machine does not accept additional money or credit from a player when it stands in credit to the player to the value of $20 or more; and

 (d) the gaming machine does not accept banknotes of a denomination greater than $20; and

 (e) the gaming machine has a spin rate that ensures that, if it were to be played continuously at maximum intensity for 1 hour, the maximum hourly losses would be no more than $120.

Question—That the amendments be agreed to—put and negatived.

The following amendments in respect of the National Gambling Reform Bill 2012 circulated by Senator Xenophon were considered:

 Clause 3, page 2 (lines 25 and 26), omit "amount of cash that can be withdrawn from an automatic teller machine that is", substitute "use of automatic teller machines and electronic funds transfer systems".

 Clause 3, page 2 (line 27), omit "(other than a casino)".

 Clause 3, page 2 (line 29), omit "and automatic teller machines", substitute "automatic teller machines and electronic funds transfer systems".

 Clause 3, page 3 (line 1), omit "(other than casinos)".

 Clause 3, page 3 (line 8), after "precommitment", insert "and of complying with the bet limit requirements".

 Clause 4, page 4 (lines 26 and 27), omit "amount of cash users of gaming machines can access from automatic teller machines", substitute "use of automatic teller machines and electronic funds transfer systems".

 Clause 4, page 4 (line 28), omit "(other than casinos)".

 Clause 4, page 4 (line 32), at the end of paragraph (2)(e), add "and of complying with the bet limit requirements".

 Clause 5, page 6 (after line 3), after the definition of authorised person, insert:

   bet limit requirements has the meaning given by section 6A.

 Clause 5, page 7 (lines 24 to 28), omit paragraph (b) of the definition of gaming machine premises, substitute:

 (b) for the purposes of Part 4 of Chapter 2 (ATM and electronic funds transfer ban), and any other provision of this Act to the extent that it relates to that Part—includes the entire premises (not just that part of the premises where the gaming machines are made available for use) and any area within the boundary of the property on which the premises is located.

 Clause 5, page 8 (after line 15), after the definition of issuing officer, insert:

   jackpot , in relation to a gaming machine, means the combination of letters, numbers, symbols or representations as part of a game on that machine that pays the maximum winnings payable on that machine for any one combination.

 Clause 5, page 9 (after line 4), after the definition of limit period, insert:

   Note: A person may set multiple limit periods for a State or Territory (see section 22A).

 Clause 5, page 9 (after line 14), after the definition of limit period winnings, insert:

   linked-jackpot arrangement means an arrangement under which a single jackpot operates over 2 or more gaming machines.

 Clause 5, page 9 (after line 18), after the definition of loss limit, insert:

   Note: A person may set multiple loss limits for a State or Territory (see section 22A).

 Clause 5, page 11 (line 30) to page 12 (line 4), omit paragraphs (a) to (d) of the definition of reviewable decision.

 Clause 5, page 12 (after line 27), after the definition of small gaming machine premises, insert:

   spin rate , in relation to a gaming machine, means the interval between spins on the gaming machine.

 Clause 5, page 13 (lines 1 and 2), omit the definition of withdraws more than the cash limit.

 Page 13 (after line 34), after clause 6, insert:

6A Meaning of bet limit requirements

   A gaming machine meets the bet limit requirements if:

 (a) its maximum bet per spin is $1; and

 (b) the maximum amount payable under a jackpot or a linked-jackpot arrangement is $500; and

 (c) it is not capable of accepting additional money or credit from a player if it stands in credit to the player to the value of $20 or more; and

 (d) it is not capable of accepting banknotes of a denomination greater than $20; and

 (e) it has a spin rate that ensures that, if it were to be played continuously at maximum intensity for 1 hour, the maximum hourly losses would be no more than $120.

 Clause 7, page 14 (line 7), omit "withdrawal limit", substitute "and electronic funds transfer ban".

 Clause 11, page 15 (lines 9 and 10), omit paragraph (2)(c), substitute:

 (c) automatic teller machines and electronic funds transfer systems that are on gaming machines premises.

 Clause 11, page 15 (after line 16), at the end of the clause, add:

  (4) For the purposes of subsection (2), a requirement is not a stricter requirement unless it is intended to achieve better outcomes for problem gamblers and/or their families and communities.

 Heading to clause 14, page 17 (line 13), omit "requirements", substitute "and electronic funds transfer ban".

 Clause 14, page 17 (line 14), omit "withdrawal limit", substitute "and electronic funds transfer ban".

 Clause 14, page 17 (line 17), before "that", insert "and electronic funds transfer system".

 Clause 14, page 17 (lines 18 and 19), omit the note.

 Clause 18, page 19 (line 31), omit "42,".

 Clause 18, page 19 (line 32), omit "43 or".

 Clause 19, page 20 (lines 17 to 19), omit all the words from and including "indicate, as part of" to and including "loss limit and", substitute "set a loss limit for the State or Territory. If a person".

 Clause 19, page 20 (line 25), omit "or", substitute "and".

 Clause 19, page 20 (line 28) to page 21 (line 4), omit all the words from and including "Under Part 4" to and including "Part 5", substitute "Under Part 4, automatic teller machines must not be on gaming machine premises, and electronic funds transfer systems on gaming machine premises must not allow a person to withdraw cash, unless there are no other facilities for withdrawing cash within 1 kilometre of the gaming machine premises".

 Clause 19, page 21 (line 6), omit "and automatic teller machines", substitute "automatic teller machines and electronic funds transfer systems".

 Clause 19, page 21 (line 7), omit "(other than casinos)".

 Clause 22, page 23 (lines 2 to 9), omit subclause (1), substitute:

   Setting a loss limit

  (1) A precommitment system for a State or Territory must require a person, who chooses to register for the State or Territory through that system, to set a loss limit for the State or Territory as part of the registration process.

 Clause 22, page 23 (after line 9), after paragraph (1)(b), insert:

   Note 1A: A person may set multiple loss limits for a State or Territory (see section 22A).

 Clause 22, page 23 (line 18), after "Note", insert "1".

 Clause 22, page 23 (after line 18), after the note, insert:

   Note 2: A person may set multiple limit periods for a State or Territory (see section 22A).

 Heading to subclause 22(3), page 23 (line 19), omit "—if loss limit set".

 Clause 22, page 24 (lines 1 to 7), omit subclause (4).

 Page 24 (after line 11), after clause 22, insert:

22A Setting multiple loss limits and limit periods for user who chooses to register

  (1) A person may, through a precommitment system for a State or Territory, set multiple loss limits and limit periods for the State or Territory.

   Note: For example, a person may choose to limit the person's net losses to $50 during 24 hours, $100 during a week and $200 during a month.

  (2) The regulations may prescribe requirements for precommitment systems in relation to persons who set multiple loss limits and limit periods.

 Clause 23, page 24 (lines 17 to 19), omit subclause (2).

 Clause 23, page 24 (line 23), omit "(subject to subsection (2))".

 Clause 29, page 29 (lines 2 to 4), omit subclause (3).

 Clause 29, page 29 (line 7), omit "(subject to subsection (3))".

 Clause 31, page 31 (after line 13), after subclause (5), insert:

   Real time information

  (5A) At any time while the person is using the gaming machine as a registered user, the precommitment system must allow the person to access real time information about:

 (a) the amount of money or credit that the person has spent during the person's current session of use of the gaming machine; and

 (b) the matters mentioned in subsection 34(2).

 Clause 34, page 33 (after line 17), after subclause (1), insert:

  (1A) A person's transaction statement must be able to be accessed by the person both at gaming machine venues and online.

 Clause 38, page 35 (line 14), omit "or", substitute "and".

 Part 4, clauses 39 to 41, page 36 (line 1) to page 37 (line 28), omit the Part, substitute:

Part 4—ATM and electronic funds transfer ban for gaming machine premises

39 ATM ban for gaming machine premises

   An automatic teller machine must not be on gaming machine premises unless there are no other facilities for withdrawing cash within 1 kilometre of the gaming machine premises.

   Note 1: For civil penalty provisions for automatic teller machines on gaming machine premises, see Part 3 of Chapter 3.

   Note 2: This section is not intended to affect a law of a State or Territory that is capable of operating concurrently (see section 11).

40 Electronic funds transfer ban for gaming machine premises

   An electronic funds transfer system that is on gaming machine premises must not allow a person to withdraw cash unless there are no other facilities for withdrawing cash within 1 kilometre of the gaming machine premises.

   Note 1: For civil penalty provisions for electronic funds transfer systems on gaming machine premises, see Part 3 of Chapter 3.

   Note 2: This section is not intended to affect a law of a State or Territory that is capable of operating concurrently (see section 11).

 Clause 51, page 42 (after line 11), after paragraph (1)(b), insert:

 (ba) the precommitment system will be used for all gaming machines in the State or Territory; and

 Clause 51, page 42 (line 19), at the end of subclause (1), add:

 ; and (e) if a precommitment system has previously been approved for the State or Territory—the new precommitment system will provide significant advantages over the previously approved system.

 Clause 54, page 44 (line 19), at the end of subclause (1), add:

 ; or (e) another precommitment system has been approved for the State or Territory under subsection 51(1).

 Clause 57, page 46 (line 8), omit "and automatic teller machines", substitute ", automatic teller machines and electronic funds transfer systems".

 Clause 57, page 46 (line 21), omit "a non-compliant automatic teller machine", substitute "an automatic teller machine or electronic funds transfer system".

 Clause 57, page 46 (lines 23 and 24), omit "a non-compliant automatic teller machine", substitute "an automatic teller machine or electronic funds transfer system".

 Clause 58, page 48 (lines 1 to 26), omit subclauses (2) to (4).

 Clause 58, page 49, (line 21) omit "(2),".

 Heading to Part 3, page 50 (lines 1 and 2), omit the heading, substitute:

Part 3—Automatic teller machines and electronic funds transfer systems that do not comply with requirements

 Clause 60, page 50 (line 12), after "machine", insert "or electronic funds transfer system".

 Clause 60, page 50 (line 19), after "machine", insert "or electronic funds transfer system".

 Division 2, clauses 62 to 65, page 51 (line 1) to page 52 (line 25), omit the Division, substitute:

Division 2—Civil penalty provisions

62 Occupying premises containing automatic teller machine or electronic funds transfer system

   A person contravenes this section if:

 (a) the person occupies premises; and

 (b) the premises are gaming machine premises; and

 (c) the person allows another person to provide either or both of the following devices (a relevant device) on the premises:

 (i) an automatic teller machine;

 (ii) an electronic funds transfer system that would allow a person to withdraw cash; and

 (d) there is a facility for withdrawing cash within 1 kilometre of the gaming machine premises.

Civil penalty: 5 penalty units in relation to each day on which a relevant device is on the premises.

   Note: This section applies whether the person occupies premises alone or together with others (see section 8).

63 Providing an automatic teller machine or electronic funds transfer system

   A person contravenes this section if:

 (a) the person provides either or both of the following devices (a relevant device) on premises:

 (i) an automatic teller machine;

 (ii) an electronic funds transfer system that would allow a person to withdraw cash; and

 (b) the premises are gaming machine premises; and

 (c) there is a facility for withdrawing cash within 1 kilometre of the gaming machine premises.

    Civil penalty: 10 penalty units in relation to each day on which the person provides a relevant device.

   Note: This section applies whether the person provides a relevant device alone or together with others (see section 8).

64 Civil penalty provision contravened without a person withdrawing cash

   To avoid doubt, a person can contravene section 62 or 63 whether or not any person actually withdraws cash using an automatic teller machine or electronic funds transfer system.

 Clause 78, page 61 (line 11), at the end of the clause, add "or of meeting the bet limit requirements".

 Clause 79, page 62 (lines 8 to 11), omit paragraph (c), substitute:

 (c) the gaming machine:

 (i) does not comply with any one or more of the requirements prescribed by the regulations in relation to the capability of the gaming machine to provide for precommitment; or

 (ii) is not capable of meeting the bet limit requirements.

 Clause 80, page 62 (lines 18 to 21), omit paragraph (b), substitute:

 (b) the gaming machine:

 (i) does not comply with any one or more of the requirements prescribed by the regulations in relation to the capability of the gaming machine to provide for precommitment; or

 (ii) is not capable of meeting the bet limit requirements.

 Clause 85, page 68, (line 11) omit "(4),".

 Clause 85, page 68 (line 28) to page 69 (line 22), omit subclauses (4) to (6).

 Clause 103, page 78 (lines 14 and 15), omit "public areas of".

 Clause 103, page 78 (lines 16 and 17), omit "and automatic teller machines", substitute ", automatic teller machines and electronic funds transfer systems".

 Heading to Part 4, page 86 (line 1), omit "public areas of".

 Heading to clause 116, page 86 (line 4), omit "public areas of".

 Clause 116, page 86 (line 5), omit "a public area of".

 Clause 116, page 86 (lines 21 to 23), omit subclause (3).

 Clause 116, page 87 (line 4), at the end of the definition of regulated device, add:

 ; or (d) an electronic funds transfer system.

 Clause 159, page 128 (line 26), after "automatic teller machine", insert "or an electronic funds transfer system".

 Clause 159, page 128 (line 28), after "automatic teller machine", insert "or an electronic funds transfer system".

 Clause 177, page 139 (lines 19 and 20), omit "non-compliant automatic teller machine", substitute "automatic teller machine or electronic funds transfer system".

 Clause 177, page 139 (lines 25 and 26), omit "non-compliant automatic teller machine", substitute "automatic teller machine or electronic funds transfer system".

 Clause 192, page 151 (lines 10 to 13), omit all the words from and including "to determine" to and including "Territories", substitute "in relation to the requirements of Part 2 of Chapter 2 (precommitment systems)".

 Clause 193, page 152 (lines 5 to 11), omit subclause (1), substitute:

  (1) This section applies if the Commonwealth agrees that a trial is to be conducted in relation to the requirements of Part 2 of Chapter 2 (precommitment systems).

 Clause 193, page 153 (lines 13 to 18), omit subclause (4), substitute:

  (4) As part of the inquiry, the Productivity Commission must consider the benefits of a precommitment system that applies to all gaming machine users in a State or Territory, as opposed to a precomitment system that does not apply to all gaming machine users in the State or Territory, in relation to reducing the harm caused by gaming machines:

 (a) to problem gamblers, and those at risk of experiencing that harm; and

 (b) to the families and communities of problem gamblers and of those at risk of experiencing that harm.

 Clause 195, page 154 (lines 16 to 19), omit paragraph (1)(a), substitute:

 (a) under paragraph 11(1)(b) of the Productivity Commission Act 1998, specify that the period within which the Commission must submit its report on that inquiry to the Productivity Minister is to be:

 (i) 6 months; or

 (ii) such longer period, not exceeding 12 months, as the Commission requests and the Productivity Minister agrees; and

 Page 157 (after line 6), after clause 197, insert:

197A Expert Advisory Group on Gambling may obtain information and documents

   Making of request

  (1) If a member of the Expert Advisory Group on Gambling believes on reasonable grounds:

 (a) that a person has particular information or a particular document; and

 (b) that the information or document is relevant to the performance of the functions of the Group;

   the Director of the Australian Institute of Family Studies, in his or her capacity as a member of the Group, may request the person to give the information, or produce the document, to the Group.

   Form of request

  (2) A request given to a person under subsection (1) must:

 (a) be in writing; and

 (b) state what information the person must give, or what document the person must produce; and

 (c) specify the day on or before which the person must give the information or produce the document (which must be a day at least 14 days after the day on which the Director makes the request); and

 (d) specify how the person is to give the information, or produce the document, to the Group; and

 (e) include a statement to the effect that failing to comply with the notice is an offence.

   
Offence

  (3) A person commits an offence if the person fails to comply with a request given to the person under subsection (1).

Penalty: 60 penalty units.

Question—That the amendments be agreed to—put.

The committee divided—

Question negatived.

Question—That Division 1, clauses 42 to 45 of the National Gambling Reform Bill 2012 stand as printed—put and passed.

The following amendments in respect of the National Gambling Reform Bill 2012 circulated by the Australian Greens were considered:

 Clause 3, page 3 (line 8), after "precommitment", insert "and of operating in low intensity mode".

 Clause 4, page 4 (line 32), at the end of paragraph (2)(e), add "and of operating in low intensity mode".

 Clause 5, page 9 (after line 18), after the definition of loss limit, insert:

   low intensity mode has the meaning given by section 6A.

 Page 13 (after line 34), after clause 6, insert:

6A Meaning of low intensity mode

  (1) A gaming machine is operating in low intensity mode if:

 (a) its maximum bet per spin is $1; and

 (b) the maximum amount payable under a jackpot or a linked-jackpot arrangement is $500; and

 (c) it is not capable of accepting additional money or credit from a player if it stands in credit to the player to the value of $20 or more; and

 (d) its minimum spin rate is 3.5 seconds.

  (2) The regulations may prescribe other requirements in relation to the operation of a gaming machine in low intensity mode.

 Clause 78, page 61 (line 11), at the end of the clause, add "or of operating in low intensity mode".

 (9) Clause 79, page 62 (lines 8 to 11), omit paragraph (c), substitute:

 (c) the gaming machine:

 (i) does not comply with any one or more of the requirements prescribed by the regulations in relation to the capability of the gaming machine to provide for precommitment; or

 (ii) is not capable of operating in low intensity mode.

 Clause 80, page 62 (lines 18 to 21), omit paragraph (b), substitute:

 (b) the gaming machine:

 (i) does not comply with any one or more of the requirements prescribed by the regulations in relation to the capability of the gaming machine to provide for precommitment; or

 (ii) is not capable of operating in low intensity mode.

Question—That the amendments be agreed to—put.

The committee divided—

Question negatived.

Bills to be reported without amendments.

The President resumed the chair and the Chair of Committees (Senator Parry) reported accordingly.

Question—That the remaining stages of these bills be agreed to and these bills be now passed—put.

The Senate divided—

AYES, 36

Senators—

Bilyk

Bishop

Brown

Cameron

Carr, Kim

Collins

Conroy

Crossin

Di Natale

Evans

Faulkner

Feeney

Furner

Gallacher

Hanson-Young

Hogg

Ludlam

Ludwig

Marshall

McEwen (Teller)

McLucas

Milne

Moore

Polley

Pratt

Rhiannon

Siewert

Singh

Stephens

Sterle

Thistlethwaite

Urquhart

Waters

Whish-Wilson

Wong

Wright

NOES, 32

Senators—

Abetz

Back (Teller)

Bernardi

Birmingham

Boyce

Brandis

Bushby

Cash

Colbeck

Cormann

Edwards

Eggleston

Fawcett

Fierravanti-Wells

Fifield

Humphries

Johnston

Joyce

Kroger

Macdonald

Madigan

Mason

Nash

Parry

Payne

Ronaldson

Ruston

Ryan

Scullion

Smith

Williams

Xenophon

Question agreed to.

Bills read a third time.