Consideration of the Legislative Council’s amendments.

No. 1 Page 3, schedule 1. Insert after line 3:

[1] Section 64 Training courses for employees

Omit "operations" from section 64 (1). Insert instead "operations and responsible practices in relation to the conduct of gaming activities".

No. 2 Page 3, Schedule 1. Insert after line 3:

[1] Section 76 Junkets and inducements

Insert at the end of section 76 (1):

, or

(c) the offering to persons individually of inducements to apply for review of exclusion orders.

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No. 3 Page 3, schedule 1. Insert after line 3:

[1] Section 80 Review of exclusion order

Insert after section 80 (5):

(5A) The regulations may make provision for or with respect to matters to be taken into consideration by the Authority in making its decision with respect to an application for review of an exclusion order.

No. 4 Page 3, schedule 1. Insert after line 3:

[1] Section 82 Duration and revocation of exclusion orders

Insert at the end of section 82:

(5) The regulations may make provision for or with respect to matters to be taken into consideration by the person who gave an exclusion order before the person decides to revoke the order.

No. 5 Page 4, schedule 1 [2], lines 1-3. Omit all words on those lines.

No. 6 Page 4, schedule 1 [3], lines 4-6. Omit all words on those lines.

No. 7 Page 4, schedule 1 [4], lines 7 and 8. Omit all words on those lines.

No. 8 Page 5, schedule 1 [6], lines 4-15. Omit all words on those lines.

No. 9 Page 9, schedule 2 [7]. Insert after line 10:

(4) It is the intention of Parliament that regulations under this section will be made as soon as practicable after the date of assent to the Gambling Legislation Amendment (Responsible Gambling) Act 1999.

No. 10 Page 9, schedule 2. Insert after line 10:

[8] Section 125F

Insert after section 125E:
125F Industry codes of practice

(1) For the purpose of providing practical guidance for the promotion of responsible practices in the conduct of gambling activities at licensed premises, the Minister is, within 6 months after the date of assent to the Gambling Legislation Amendment (Responsible Gambling) Act 1999, to approve an industry code of practice that sets out the standards to be observed by licensed premises for the responsible conduct of gambling activities.

(2) The Minister may approve as an industry code of practice any code, standard or document relating to such standards prepared or formulated by the Australian Hotels Association (NSW) or any other body or authority.

(3) The Minister may approve any amendment of the code of practice or revoke the approval of the code of practice.

(4) The Minister is to publish in the Gazette:

(a) the approved code of practice, and

(b) any approved amendment of the code of practice, and

(c) the revocation of an approval of a code of practice.

(5) The Minister is to cause a copy of the approved code of practice and, if any amendment to the code has been approved, a copy of the amendment, to be made available for inspection by members of the public without charge at the offices of the Department of Gaming and Racing during normal office hours.

No. 11 Page 17, schedule 4 [6]. Insert after line 16:

(d) without limiting paragraph (c), the inclusion on each entry or ticket for a public lottery of:

(i) a warning notice about gambling, and

(ii) the name and contact details of a gambling counselling service specified, or of a kind specified, by the regulations.

No. 12 Page 17, schedule 4 [6]. Insert after line 18:

(4) It is the intention of Parliament that regulations under this section will be made as soon as practicable after the date of assent to the Gambling Legislation Amendment (Responsible Gambling) Act 1999.

No. 13 Page 19, schedule 5 [2]. Insert after line 15:

(d) the inclusion on each ticket, coupon, token or other thing sold or issued to a person for the purposes of placing a bet by a licensed bookmaker of:

(i) a warning notice about gambling, and

(ii) the name and contact details of a gambling counselling service specified, or of a kind specified, by the regulations.

No. 14 Page 22, schedule 6 [6]. Insert after line 19:

(4) It is the intention of Parliament that regulations under this section will be made as soon as practicable after the date of assent to the Gambling Legislation Amendment (Responsible Gambling) Act 1999.

No. 15 Page 22, schedule 6. Insert after line 19:

44D Industry codes of practice

(1) For the purpose of providing practical guidance for the promotion of responsible practices in the conduct of gambling activities at registered clubs, the Minister is, within 6 months after the date of assent to the Gambling Legislation Amendment (Responsible Gambling) Act 1999, to approve an industry code of practice that sets out the standards to be observed by registered clubs for the responsible conduct of gambling activities.

(2) The Minister may approve as an industry code of practice any code, standard or document relating to such standards prepared or formulated by the Registered Clubs Association of NSW or any other body or authority.

(3) The Minister may approve any amendment of the code of practice or revoke the approval of the code of practice.

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(4) The Minister is to publish in the Gazette:

(a) the approved code of practice, and

(b) any approved amendment of the code of practice, and

(c) the revocation of an approval of a code of practice.

(5) The Minister is to cause a copy of the approved code of practice and, if any amendment to the code has been approved, a copy of the amendment, to be made available for inspection by members of the public without charge at the offices of the Department of Gaming and Racing during normal office hours.

No. 16 Page 28, schedule 7 [2]. Insert after line 19:

(d) the inclusion on each betting ticket issued by or on behalf of a licensee of:

(i) a warning notice about gambling, and

(ii) the name and contact details of a gambling counselling service specified, or of a kind specified, by the regulations.

No. 17 Page 28, schedule 7 [2]. Insert after line 19:

(3) It is the intention of Parliament that regulations under this section will be made as soon as practicable after the date of assent to the Gambling Legislation Amendment (Responsible Gambling) Act 1999.

Mr FACE (Charlestown - Minister for Gaming and Racing, and Minister Assisting the Premier on Hunter Development) [10.04 p.m.]: I move:

That the Committee agree to the Legislative Council’s amendments.

The Gambling Legislation Amendment (Responsible Gambling) Bill was amended in the other place in a number of respects which I will now briefly outline. The first group of amendments, which were moved by the Government, relate to the Casino Control Act and have particular regard to casino exclusion orders. The first Government amendment is to the regulation-making power in section 79 of the Act. The amendment will allow a prohibition on the offering of inducements to a person to apply for a review of an exclusion order that is in force. It will provide an effective mechanism for dealing with concerns raised by the Hon. Dr P. Wong in relation to the possibility that the casino may put pressure on casino patrons who are subject to self-exclusion orders to seek to have those orders removed.

The second amendment moved by the Government proposes that section 80 of the Casino Control Act be amended to add a regulation-making power that will allow for matters to be taken into consideration by the Casino Control Authority in making its decision on an application to review an exclusion order. This amendment is very similar in its aim to the Government’s third amendment, which I will deal with shortly.

The Casino Control Act presently provides for two processes to have self-exclusion orders either reviewed, shortly after they have been made, or eventually revoked. The Hon. Dr P. Wong proposed that certain matters must be taken into consideration before removing a self-exclusion order. It is envisaged that regulations made under the proposed new provision may provide that a matter to be taken into consideration in making a decision to review or revoke an order is whether the person who is subject to the order has undertaken or is undertaking counselling to assist the person to avoid any financial, social or other harm that may arise from the person’s gambling activities. This would be a relevant consideration in circumstances where the person subject to the order has gambling problems.

The final amendment moved by the Government will amend section 82 of the Act in a way that corresponds with the amendment to section 80 to which I have just referred. This final amendment adds a regulation-making power that will allow for matters to be taken into consideration by the person who gave an exclusion order, before the person decides whether to revoke the order. I have outlined the background to this amendment in my discussion of the amendment to section 80.

The second group of amendments relates to the change in the name of the Casino Community Benefit Fund. The Government accepts the amendment, moved by the Opposition, which proposes that a change in the name of the fund will not be recognised in the Casino Control Act. I remind the House that the name of the fund has already been changed administratively by the trustees of the fund, with my support. The bill proposes a mere consequential amendment to the Casino Control Act. It is intended that the fund will continue to be referred to administratively as the Community Benefit Fund, despite this amendment.

The third group of amendments, moved by the Opposition to the Liquor Act, Registered Clubs Act, Public Lotteries Act and Totalizator Act, will indicate that it is the intention of Parliament that regulations be made as soon as practicable after the date of assent to the bill. The Government did not oppose these amendments. It is the Government’s firm intention that suitable regulations be made under the Casino Control Act, the Liquor Act and the Registered Clubs Act, which take into account the comments received as part of the public
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consultation process on the exposure draft regulations under these Acts, as soon as practicable after the conclusion of that process and the approval of the bill by the Parliament.

In relation to proposed regulations under the amendments in the bill to the Public Lotteries Act and Totalizator Act, it is also the Government’s intention to make suitable regulations which take into account the views of all relevant industry groups and others with an interest in these matters. This process will take time, and the Government will need to have regard to the final report of the Productivity Commission, which is due at the end of November. While it must be recognised that the development of sensible, detailed controls will simply not occur overnight, the Government did not oppose the amendment as it is an accurate reflection of its intention.

The fourth group of amendments, which were moved by the Christian Democratic Party to the Liquor Act and the Registered Clubs Act, will enable the Minister to approve an industry code of practice, including a code formulated by the Australian Hotels Association [AHA] or any other body for the purpose of providing practical guidance for the promotion of responsible practices in the conduct of gambling activities. The Government has no difficulty with these amendments and supported them in the other place.

The AHA and the Registered Clubs Association have been working hard towards developing codes of practice which could serve as a useful guide to individual hotels and clubs. While this legislation will operate as setting the minimum standards which must be met by hotels and clubs, there is no difficulty in other documentation, which will have no legislative force, providing appropriate industry guidance.

The fifth and final group of amendments, which were moved by the Reform the Legal System Party, will allow regulations to be made under the Public Lotteries Act, the Racing Administration Act and the Totalizator Act, that would provide for gambling warning notices and the name and contact details of a gambling counselling service to be included on lottery entries and lottery and betting tickets. While these amendments suggest matters that the Government is currently looking at for regulations under the new regulation-making powers for each of the Public Lotteries, Racing Administration, and Totalizator Acts, the Government did not oppose the inclusion of these expanded regulation-making powers in the bill. I commend the amendments to the Committee.

Mr FRASER (Coffs Harbour) [10.08 p.m.]: The Opposition supports the amendments.

Motion agreed to.

Legislative Council’s amendments agreed to.

Resolution reported from Committee and report adopted.

Message sent to the Legislative Council advising it of the resolution.