Revised Explanatory Memorandum
(Circulated by the authority of the Minister for Social Services, the Hon Kevin Andrews MP)
Schedule 1 - Encouraging responsible gambling
Summary
As foreshadowed during the 2013 election campaign, this Schedule will implement the first stage of a different approach to addressing problem gambling, reducing bureaucracy and the duplication of functions between the Australian Government and State and Territory Governments.
The Schedule will repeal provisions no longer required and make amendments to express clearly the Government's commitment to the development and implementation of appropriate measures in the near future, informed fully by consultations with industry, State and Territory Governments, and other stakeholders.
Background
In broad terms, this Schedule repeals the position and functions of the National Gambling Regulator, along with provisions relating to the supervisory and gaming machine regulation levies, the automatic teller machine withdrawal limit, dynamic warning messages on gaming machines, the trial of mandatory pre-commitment, and matters for Productivity Commission review. All related compliance and enforcement provisions are also repealed.
This Schedule also replaces existing provisions relating to pre-commitment systems with provisions that recognise the Government's commitment to responsible gambling and its support for voluntary pre-commitment as a part of a broader plan to assist all gamblers.
Explanation of the changes
Amendments to the National Gambling Reform Act 2012
Item 1 repeals the long title of the Act and substitutes a new title, 'An Act in relation to measures to encourage responsible gambling, and for related purposes'. This new title reflects the new object of the Act, as described in new section 4 (inserted by item 6).
Item 2 repeals the Chapter 1 heading, consistent with the revised structure of the Act.
Item 3 omits the words, 'National Gambling Reform', from the short title of the Act set out in section 1, and substitutes the words, 'Gambling Measures'. This amendment reflects the substituted long title of the Act (referred to in item 1).
Item 4 repeals the note from section 2. The note refers the reader to Part 2, which deals with the application of the Act. As Part 2 is also repealed, the note becomes redundant.
Item 5 repeals section 3, setting out the Guide to the Act.
Item 6 repeals and substitutes section 4 to provide the new object of the Act, which is to recognise the Commonwealth's commitment to the development and implementation of voluntary pre-commitment in venues nationally in order to encourage responsible gambling by all gamblers.
Item 7 repeals and substitutes section 5 to remove redundant definitions and provide definitions of Australian Institute of Family Studies and Director of the Australian Institute of Family Studies.
Item 8 is a technical amendment.
Item 9 repeals subsections 6(2) to (4) to simplify the definition of gaming machine.
Item 10 repeals sections 7 to 12, which are no longer required due to the other changes made by this Schedule.
Item 11 repeals Part 2 (Application of the Act), which is also not required due to the other changes made by this Schedule.
Item 12 repeals Chapter 2 and substitutes a new Part 2, which sets out the measures that are to be taken to encourage responsible gambling.
Under new section 19, the Commonwealth recognises the importance of meaningful measures to encourage responsible gambling. The provision also acknowledges the Commonwealth support for venue-based voluntary pre-commitment (which allows a person to set voluntarily a limit on the amount they are prepared to lose from playing gaming machines).
New section 20 sets out the Commonwealth's commitment to work with State and Territory Governments and relevant stakeholders including the gaming industry to:
- •
- develop and implement a voluntary pre-commitment system in venues nationally and to develop a realistic implementation timeframe for this measure; and
- •
- ensure that gaming machines are capable of supporting a venue-based voluntary pre-commitment system and to develop a realistic implementation timeframe.
In new section 21, the Commonwealth commits to working with State and Territory Governments on the most appropriate way of administering the voluntary pre-commitment measure.
Item 13 repeals Chapters 3 to 8.
Item 14 repeals the heading Chapter 9, consistent with the revised structure of the Act.
Item 15 repeals Part 1 of Chapter 9, setting out the Guide to Chapter 9.
Item 16 repeals the heading of Part 2 of Chapter 9 and substitutes a new heading for new 'Part 3 - Research and other provisions,' consistent with the revised structure of the Act.
Item 17 repeals the heading of Division 1 of Part 2 of Chapter 9, consistent with the revised structure of the Act.
Item 18 repeals sections 193 to 195 to remove provisions relating to the Productivity Commission review.
Item 19 repeals subsection 196(2) to remove the limitation in use of the supervisory levy. This amendment is consequential to the repeal of the supervisory levy provisions by item 13.
Item 20 repeals the heading of Division 2 of Part 2 of Chapter 9, consistent with the revised structure of the Act.
Item 21 repeals sections 198 to 200 and substitutes a new section 198 to provide that the Act does not create rights or duties that are legally enforceable in judicial or other proceedings.
Item 22 makes a technical amendment subsection 201(1).
Item 23 repeals subsection 201(2), to remove the express power to make regulations prescribing offences and civil penalty provisions.
Item 24 repeals the National Gambling Reform (Related Matters) Act (No. 1) 2012. This Act becomes redundant with the repeal of the supervisory levy.
Item 25 repeals the National Gambling Reform (Related Matters) Act (No. 2) 2012. This Act becomes redundant with the repeal of gaming machine regulation levy.