An Act in relation to measures to encourage responsible gambling, and for related purposes
Part 1—Preliminary
1 Short title
This Act may be cited as the Gambling Measures Act 2012.
2 Commencement
This Act commences on the day this Act receives the Royal Assent.
4 Object of this Act
The object of this Act is to recognise the Commonwealth’s commitment to the development and implementation of measures to encourage responsible gambling by all gamblers, including voluntary pre‑commitment on gaming machines.
5 Definitions
In this Act:
Australian Institute of Family Studies means the Australian Institute of Family Studies established by Part XIVA of the Family Law Act 1975.
Director of the Australian Institute of Family Studies means the Director within the meaning of section 114A of the Family Law Act 1975.
gaming machine has the meaning given by section 6.
6 Meaning of gaming machine
A gaming machine is a device (whether wholly or partly mechanically or electronically operated) that is designed so that:
(a) it may be used for the purposes of playing a game of chance, or a mixed game of chance and skill; and
(b) it may be operated wholly or partly by:
(i) inserting a token, coin or banknote into the device; or
(ii) electronically transferring credits or tokens to the device; or
(iii) using credits or tokens in the device (whether those credits or tokens are held, stored or accredited by the device or elsewhere); and
(c) because of making a bet on the device, winnings or other rewards may become payable.
Part 2—Encouraging responsible gambling
19 Encouraging responsible gambling
(1) The Commonwealth recognises the importance of meaningful measures to encourage responsible gambling.
(2) The Commonwealth supports voluntary pre‑commitment on gaming machines.
(3) Voluntary pre‑commitment allows a player of a gaming machine to set a limit on the amount that the player is prepared to lose from playing gaming machines, and helps the player keep to the limit. The player chooses whether to set a limit.
20 Developing and implementing voluntary pre‑commitment measure
(1) The Commonwealth will work with Governments of the States and Territories, the gaming industry, academics and the community sector:
(a) to develop and implement a voluntary pre‑commitment scheme on gaming machines; and
(b) to develop a realistic timetable for implementing this measure.
(2) The Commonwealth will work with Governments of the States and Territories and the gaming industry:
(a) to ensure that all gaming machines are capable of supporting a venue‑based voluntary pre‑commitment scheme; and
(aa) to ensure that a venue‑based voluntary pre‑commitment scheme operating in a State or Territory is capable of connecting to a State or Territory wide voluntary pre‑commitment scheme that operates within the State or Territory; and
(b) to develop a realistic timetable for implementing these capabilities.
Part Part 3 - Gambling Measures Act 2012 - Research and other provisions | Zoe
21 Administration of voluntary pre‑commitment measure
The Commonwealth will work with Governments of the States and Territories on the most appropriate way of administering the voluntary pre‑commitment measure referred to in subsection 20(1).
Part 3—Research and other provisions
196 Research into gambling
(1) In addition to the functions under subsection 114B(2) of the Family Law Act 1975, the functions of the Director of the Australian Institute of Family Studies include:
(a) undertaking or commissioning research into, or producing data and statistics about, the following:
(i) the harm caused by gambling to problem gamblers, the families and communities of problem gamblers, and those at risk of experiencing that harm;
(ii) measures that may be undertaken to reduce that harm;
(iii) recreational gambling; and
(b) increasing the capability and capacity of researchers to conduct the research and produce the data and statistics referred to in paragraph (a).
(3) The Director, when performing a function under subsection (1), and the Australian Institute of Family Studies, when assisting the Director in the performance of that function, are to be known as the Australian Gambling Research Centre.
(4) For the purposes of section 114LD (delegation) of the Family Law Act 1975, the functions of the Director referred to in subsection (1) of this section are taken to be functions under Part XIVA of that Act.
197 Expert Advisory Group on Gambling
(1) The Expert Advisory Group on Gambling is established by this section.
Functions of Group
(2) The functions of the Group are to provide advice to the Director of the Australian Institute of Family Studies, in his or her capacity as the Director of the Australian Gambling Research Centre, in relation to the following:
(a) strategic directions, and research plans and programs, for undertaking or commissioning research into, or producing data and statistics about, gambling;
(b) strategies for increasing the capability and capacity of researchers to conduct research into, or produce data and statistics about, gambling.
Note: For the Australian Gambling Research Centre, see subsection 196(3).
Membership of Group
(3) The Group consists of:
(a) the Director; and
(b) at least 7, but no more than 11, other members.
Appointments
(4) A member of the Group (other than the Director) is to be appointed by the Director by written instrument.
(5) The Director must not appoint a person as a member of the Group unless the Director is satisfied that the person has relevant expertise.
(6) The Director may revoke a person’s appointment to the Group.
(7) The Director must determine, in writing, the terms and conditions of appointment of the members of the Group.
(8) The office of a member of the Group is not a public office within the meaning of the Remuneration Tribunal Act 1973.
Directions by Director
(9) The Director may give the Group written directions as to:
(a) the way in which the Group is to carry out its functions; and
(b) procedures to be followed in relation to meetings.
(10) A direction given under subsection (9) is not a legislative instrument.
198 Act does not create legally enforceable obligations etc.
This Act (other than sections 196 and 197) does not create rights or duties that are legally enforceable in judicial or other proceedings.
201 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.