SOUTH AUSTRALIA]

No. 39

 

 

MINUTES OF THE PROCEEDINGS

 

OF THE

 

 

LEGISLATIVE COUNCIL

_______

 

 

 

TUESDAY  29  MAY  2001

 

 

 

   1.

Council met pursuant to adjournment.  The President (The Hon. J. C. Irwin) took the Chair.

                 The President read prayers.

 

Meeting of
Council.

   2.

Answers to Questions on Notice Nos. 45 and 77 received this day were tabled by the President who directed that they be distributed and printed in Hansard.

 

Answers to
Questions on
Notice.

 

    3.

The following Papers were laid upon the Table, viz.:

        By the Treasurer (The Hon. R. I. Lucas) -

                 Regulation under the following Act -

                          Stamp Duties Act 1923 - Recognised Stock Exchanges.

                 Murray-Darling Basin Agreement 1992 -

                          Amended Schedule D.

                          Amended Schedule F.

        By the Attorney-General (The Hon. K. T. Griffin) -

                 Regulation under the following Act -

                          Second-hand Dealers and Pawnbrokers Act 1996 - Identification.

        By the Minister for Consumer Affairs (The Hon. K. T. Griffin) -

                 Regulation under the following Act -

                          Land Agents Act 1994 - Sales Representative Qualifications.

        By the Minister for Transport and Urban Planning (The Hon. D. V. Laidlaw) -

                 Gawler (CT) Development Plan - Development Plan Confirmation Plan Amendment Report.

                 Regulation under the following Act -

                          Environment Protection Act 1993 - Power Station Exemption.

                 Corporation By-law - Onkaparinga - No. 9 - Dogs.

 

Papers.

   4.

The Attorney-General, while making a Ministerial Statement, tabled a copy of a Supplementary Report on the National Competition Policy Review of the Land Agents Act 1994.

 

Paper Tabled.

   5.

On the Order of the Day being read for the adjourned debate on the question - That the Statutes Amendment (Gambling Regulation No. 1) Amendment Bill be now read a second time:                      Debate resumed.

                 Question put and passed.

                 Bill read a second time.

                 Ordered - That the Bill’s consideration in Committee be postponed and taken into consideration on motion.

 

Statutes
Amendment
(Gambling
Regulation No. 1)
Amendment Bill.

 

 

The Attorney-General, without notice, moved - That the Standing Orders be so far suspended as to enable him to introduce four Bills this day.

                 Question put and passed, without a dissentient voice, there being present an absolute majority of the whole number of Members of the Council.

 

Suspension of
Standing
Orders.

 

The Attorney-General, pursuant to suspension of Standing Orders, moved - That he have leave to introduce a Bill for an Act to refer certain matters relating to corporations and financial products and services to the Parliament of the Commonwealth for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Corporations
(Commonwealth
Powers) Bill.

   8.

The Attorney-General, pursuant to suspension of Standing Orders, moved - That he have leave to introduce a Bill for an Act to enact ancillary provisions, including transitional provisions, relating to the enactment by the Parliament of the Commonwealth of new corporations legislation and new ASIC legislation under its legislative powers, including powers with respect to matters referred to that Parliament for the purposes of section 51(xxxvii) of the Constitution of the Commonwealth.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Corporations
(Ancillary
Provisions) Bill.

   9.

The Attorney-General, pursuant to suspension of Standing Orders, moved - That he have leave to introduce a Bill for an Act relating to administrative actions taken by Commonwealth authorities or officers of the Commonwealth under certain State laws relating to corporations.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Corporations
(Administrative
Actions) Bill.

10.

The Attorney-General, pursuant to suspension of Standing Orders, moved - That he have leave to introduce a Bill for an Act to amend the Administration and Probate Act 1919, the Architects Act 1939, the ASER (Restructure) Act 1997, the Associations Incorporation Act 1985, the Bank Mergers (South Australia) Act 1997, the Business Names Act 1996, the Chiropodists Act 1950, the Community Titles Act 1996, the Co-operatives Act 1997, the Corporations (Commonwealth Powers) Act 2001, the Crown Lands Act 1929, the Debits Tax Act 1994, the Emergency Services Funding Act 1998, the Financial Sector Reform (South Australia) Act 1999, the Gas Pipelines Access (South Australia) Act 1997, the Ground Water (Qualco-Sunlands) Control Act 2000, the Institute of Medical and Veterinary Science Act 1982, the Irrigation Act 1984, the Lottery and Gaming Act 1936, the Mining Act 1971, the Motor Accident Commission Act 1992, the National Electricity (South Australia) Act 1996, the Partnership Act 1891, the Pay-roll Tax Act 1971, the Petroleum Products Regulation Act 1995, the Public Finance and Audit Act 1987, the South Australian Co-operative and Community Housing Act 1991, the Stamp Duties Act 1923, the Tobacco Products Regulation Act 1997 and the Trustee Companies Act 1988.

                 Question put and passed.

                 Bill introduced and read a first time.

                 The Attorney-General then moved - That this Bill be now read a second time.

                 On motion of the Hon. P. Holloway, the debate was adjourned until next day of sitting.

 

Statutes
Amendment (Corporations) Bill.

11.

The Council, according to order, resolved itself into a Committee of the Whole for the consideration of the Statutes Amendment (Gambling Regulation No. 1) Bill.

 

In the Committee

 

                          Clause No. 1 agreed to.

                          Clause No. 2 read.

                 The Hon. A. J. Redford moved on page 4, line 6, to leave out all words on this line and insert “(1) Part 1 and section 17A of this Act will come into operation on assent.”.

                 Question - That the amendment be agreed to - put.

Statutes
Amendment
(Gambling
Regulation No. 1)
Bill.

 

              Committee divided:

Ayes, 14

The Hon. T. G. Cameron

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. R. Roberts

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo

The Hon. A. J. Redford (Teller)

      So it was resolved in the affirmative.

 

Noes, 7

The Hon. T. Crothers

The Hon. S. M. Kanck

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. P. Holloway (Teller)

 

 

 

 

                          Clause No. 2, as amended and otherwise amended, agreed to.

                          Clauses No. 3 to No. 6 agreed to.

                          New clause No. 6A inserted.

                 The Hon. N. Xenophon moved on page 4, after line 25, to insert new clauses as follows:

                  Insertion of s. 42A

                          6A. The following section is inserted after section 42 of the principal Act:

                                        Prohibition of interactive betting operations

                                                   42A. (1) It is a condition of the major betting operations licence or an on-course totalisator betting licence that the licensee must not conduct interactive betting operations under the licence involving the acceptance of bets from persons within South Australia.

                                                   (2) In this section—

                                                   "betting facility" means an office, branch or agency established by a person lawfully conducting betting operations at which the public may attend to make bets with that person;

                                                   "interactive betting operations" means operations involving betting by persons not present at a betting facility where the betting is by means of internet communications.

                  Insertion of ss. 47A and 47B

                          6B. The following sections are inserted after section 47 of the principal Act:

                                        Prevention of betting by intoxicated person

                                                   47A. (1) It is a condition of the major betting operations licence or an on-course totalisator betting licence that the licensee must not permit an intoxicated person to make a bet in person with the licensee.

                                                   (2) In any proceedings under this Act, if in fact an intoxicated person made a bet in person with a licensee, it will be presumed that the licensee permitted the intoxicated person to do so unless it is proved that the licensee took all reasonable steps to prevent such betting by intoxicated persons.

                                                   (3) An agent or employee of a licensee or a police officer may exercise reasonable force to prevent a person from entering a place at which bets may be made in person with the licensee, or to remove a person from such a place, if the person appears to be intoxicated.

                                        Smoking prohibited at office or branch of major betting operations licensee

                                                   47B. (1) It is a condition of the major betting operations licence that the licensee must ensure that smoking of tobacco products does not occur in an office or branch of the licensee at which betting is conducted.

                                                   (2) A person must not smoke in an office or branch of the holder of the major betting operations licence at which betting is conducted.

                                        Maximum penalty:  $2 000.

                                        Expiation fee: $300.

 

 

                                                   (3) In this section—

                                                   "smoking" means smoking, holding or otherwise having control over an ignited tobacco product;

                                                   "tobacco product" has the same meaning as in the Tobacco Products Regulation Act 1997.

                  Amendment of s. 48—Advertising code of practice

                          6C. Section 48 of the principal Act is amended by inserting after its present contents (now to be designated as subsection (1)) the following subsection:

                                                   (2) The code of practice on advertising must require the telephone number of a gambling problem helpline to be included in all advertisements (and, in the case of television advertising, the code must require the number to appear at the end of the advertisement for a period of at least 15% of the total running time of the advertisement).”

                 Question - That new clause No. 6A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

 

 

                 Question - That new clause No. 6B inserting section 47A into the Act, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 To report progress and ask leave to sit again.

_____________________

 

                 The President resumed the Chair and reported progress and obtained for the Committee leave to sit again on motion.

 

 

12.

At twelve minutes past six o’clock the sitting was suspended until the ringing of the bells.

                 At fifteen minutes to eight o’clock the sitting was resumed.

 

Suspension and
Resumption of
Sitting.

 

13.

The Council, according to order, resolved itself into a Committee of the Whole for the further consideration of the Statutes Amendment (Gambling Regulation No. 1) Bill.

 

In the Committee

 

                          New clause No. 6B inserting new section 47B into the Act, which the Hon. N. Xenophon had moved to insert, further considered.

                 Question - That new clause No. 6B inserting section 47B into the Act, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 Question - That new clause No. 6C, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          Clause No. 7 agreed to.

                 The Hon. N. Xenophon moved on page 4, after line 30, to insert new clauses as follow:

                  Amendment of s. 50—Major betting operations licensee may bar excessive gamblers

                          7B. Section 50 of the principal Act is amended by striking out subsection (8) and substituting the following subsection:

                                        (8) It is a condition of the major betting operations licence that the licensee must not suffer or permit a person to whom an order under this section applies to contravene the order.

                  Insertion of s. 50A

                          7C. The following section is inserted after section 50 of the principal Act:

                                        Commissioner's power to bar

                                                   50A. (1) The Commissioner may, by written order, bar a person (the excluded person) from one or more of the following:

                                                   (a)       entering or remaining in a specified office or branch staffed and managed by the holder of the major betting operations licence;

                                                   (b)       making bets at a specified agency of the holder of the major betting operations licence;

                                                   (c)       making bets by telephone or other electronic means not requiring attendance at an office, branch or agency of the holder of the major betting operations licence.

                                                   (2) The Commissioner may make an order under this section—

                                                   (a)       on the application of the person against whom the order is to be made; or

 

Statutes
Amendment
(Gambling
Regulation No. 1)
Bill.

 

                                                   (b)       on the application of a dependant or other person who appears to have a legitimate interest in the welfare of the person against whom the order is to be made; or

                                                   (c)       on the Commissioner's own initiative.

                                                   (3) The order must—

                                                   (a)       state the grounds on which the order is made; and

                                                   (b)       set out the rights of the excluded person to have the order reviewed; and

                                                   (c)       must be given to the excluded person personally or by sending it by post addressed to the person at the last known postal address.

                                                   (4) An order may be made under this section on any reasonable ground and, in particular, on the ground that the excluded person is placing his or her own welfare, or the welfare of dependants, at risk through gambling.

                                                   (5) The Commissioner must give written notice of an order under this section, and of any variation or revocation of the order, to the holder of the major betting operations licence.

                                                   (6) An excluded person who contravenes an order under this section is guilty of an offence.

                                        Maximum penalty:     $2 500.

                                                   (7) If an authorised person (within the meaning of section 50) suspects on reasonable grounds that a person who is in, or who is entering or about to enter, an office or branch is barred from the office or branch by order under this section, the authorised person may require the person to leave the office or branch.

                                                   (8) If a person refuses or fails to comply with a requirement under subsection (7), an authorised person may remove the person from the office or branch, using only such force as is reasonably necessary for the purpose.

                                                   (9) The Commissioner may at any time revoke an order under this section.

                                                   (10) The Commissioner must retain copies of all orders made under this section.

                                                   (11) It is a condition of the major betting operations licence that the licensee must not suffer or permit a person to whom an order under this section applies to contravene the order.”

                 Question - That new clause No. 7B, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

 

 

                 Question - That new clause No. 7C, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 The Treasurer moved on page 4, after line 30, to insert new clause as follows:

                  Amendment of s. 51—Review and alteration of approved rules, systems, procedures, equipment or code provisions

                          7A. Section 51 of the principal Act is amended by inserting before subsection (1) the following subsection:

                                   (1aa)  The Authority must, in consultation with relevant licensees, review the codes of practice referred to in this Division at least every 2 years.”

 

 

                 The Hon. N. Xenophon moved to amend proposed new clause No. 7A, as proposed to be inserted by the Treasurer, by inserting new subsection after proposed subsection (1aa) as follows:

         “(1aab)  The Authority must seek and consider written submissions from the public when reviewing a code of practice under subsection (1aa).”

                 Question - That the amendment moved by the Hon. N. Xenophon to new clause No. 7A, as proposed to be inserted by the Treasurer, be agreed to - put and passed.

                 Question - That new clause No. 7A, as proposed to be inserted by the Treasurer and as amended by the Hon. N. Xenophon, be so inserted - put and passed.

                          Clause No. 7A inserted.

                          Clauses No. 8 to No. 13 agreed to.

                          Clause No. 14 read.

                 The Hon. N. Xenophon moved on page 6, after line 32, to insert proposed subsection as follows:

                          “(2) The code of practice on advertising must require—

 

 

                          (a)        specified warnings relating to problem gambling; and

                          (b)        the telephone number of a gambling problem helpline,

                  to be included in all advertisements connected with gaming machines (and, in the case of television advertising, the code must require the warnings and number to appear at the end of the advertisement for a period of at least 15% of the total running time of the advertisement.)”

                 Question - That the amendment be agreed to - put and negatived.

 

 

                          Clause No. 14 otherwise amended and agreed to.

                          Clause No. 15 agreed to.

                          New clause No. 15A inserted.

                          Clause No. 16 read.

                 The Hon. N. Xenophon moved on page 8, after line 3, to insert proposed sections as follow:

                          Prohibition of interactive gambling operations

                                    42AA. (1) It is a condition of the casino licence that the licensee must not conduct interactive gambling operations under the licence involving gambling by persons within South Australia.

                                        (2) In this section—

                                        "interactive gambling operations" means operations involving gambling by persons not present at the casino where the gambling is by means of internet communications.

                          ATMs on casino premises

                                                   42AAB. It is a condition of the casino licence that the licensee must not provide, or allow another person to provide, on the premises of the casino an automatic teller machine unless it is capable of accepting deposits of cash and cheques.”

                 Question - That the amendment to insert proposed section 42AA into the Act be agreed to - put and negatived.

 

 

                 Question - That the amendment to insert proposed section 42AAB into the Act be agreed to - put and negatived.

                 The Hon. P. Holloway moved on page 8, after line 23, to insert proposed subsections as follow:

                          “(1a) The Governor may, by regulation, grant an exemption from subsection (1) for a specified period for the purposes of the conduct of a trial of a system designed to monitor or limit levels of gambling through the operation of gaming machines by cards.

                          (1b) Regulations made for the purposes of subsection (1a) may make provision for the recording and reporting of data in connection with the trial.

                          (1c) A regulation under subsection (1a) cannot come into operation until the time has passed during which the regulation may be disallowed by resolution of either House of Parliament.

                          (1d) The Minister must, within 3 months after expiry of an exemption under subsection (1a), cause a report to be laid before both Houses of Parliament about the conduct and results of the trial.”

                 The Treasurer moved to amend the amendment moved by the Hon. P. Holloway, by leaving out from proposed subsection (1a) “by cards” and inserting “otherwise than by the insertion of coins”.

                 Question - That the amendment moved by the Treasurer, to the amendment moved by the Hon. P. Holloway, be agreed to - put and passed.

                 Question - That the amendment moved by the Hon. P. Holloway, as amended by the Treasurer, be agreed to - put and passed.

                 The Hon. N. Xenophon moved on page 8, lines 25 to 27, to leave out all words in these lines after “prescribed day,” and insert:

                          “(a)      provide any gaming machine in the casino that is fitted with a device or mechanism designed to allow—

                                        (i)       the playing of a number of successive games by an automatic process; or

                                        (ii)      the playing of more than one game (ie line) simultaneously; or

                                        (iii)     betting at a rate of more than 10 cents per play; or

                                        (iv)     the playing of music; or

                          (b)        provide any gaming machine in the casino unless it is fitted with a device or mechanism designed to ensure—

 

 

 

                                        (i)       that the machine automatically shuts down for at least five continuous minutes at the end of every hour; and

                                        (ii)      that whenever credits are displayed on the machine the monetary value of those credits is also clearly displayed; and

                                        (iii)     that for each game (ie line) played, whether the player has won or lost that game (ie line) is clearly displayed.”

                 Question - That the amendment be agreed to - put and negatived.

 

 

                 The Hon. Xenophon moved on page 8, after line 35, to insert proposed sections as follow:

                                        No change machines to be provided at casino

                                                   42D. It is a condition of the casino licence that the licensee must not provide or allow another person to provide on the premises of the casino a machine that provides coins in exchange for banknotes.

                                        Prevention of gambling by intoxicated person

                                                   42E. (1) It is a condition of the casino licence that the licensee must not permit an intoxicated person to gamble in the casino.

                                                   (2) In any proceedings under this Act, if in fact an intoxicated person gambled in the casino, it will be presumed that the licensee permitted the intoxicated person to do so unless it is proved that the licensee took all reasonable steps to prevent supply of liquor to intoxicated persons in the casino and to prevent gambling by intoxicated persons in the casino.

                                        Smoking prohibited at casino

                                                   42F. (1) It is a condition of the casino licence that the licensee must ensure that smoking of tobacco products does not occur in the casino.

                                                   (2) A person must not smoke in the casino.

                                        Maximum penalty: $2 500.

                                        Expiation fee: $210.

                                                   (3) In this section—

                                                   "smoking" means smoking, holding or otherwise having control over an ignited tobacco product;

                                                   "tobacco product" has the same meaning as in the Tobacco Products Regulation Act 1997.

                                        Food and drink not to be served to person playing gaming machines

                                                   42G. It is a condition of the casino licence that the licensee must not cause, suffer or permit food or drink to be offered or served to a person while the person is at a gaming machine in the casino.

                                        Lighting levels in gaming machine areas

                                                   42H. It is a condition of the casino licence that the licensee must ensure that the nature and level of lighting in any area of the casino in which a gaming machine is situated is of the standard required for interior office lighting under the Occupational Health, Safety and Welfare Act 1986.

                                        Inducements to gamble prohibited

                                                   42I. It is a condition of the casino licence that the licensee must not offer or provide a person with any of the following as an inducement to gamble, or to continue to play a particular game, in the casino:

                                                   (a)       free cash, or free vouchers or gambling chips that can be used for the purposes of gambling in the casino or that can be exchanged for cash;

                                                   (b)       free points or credits on any game or machine played in the casino;

                                                   (c)       membership (whether on payment of a fee or not) of a jackpot or other gambling club;

                                                   (d)       free, or discounted, food or drink;

                                                   (e)       free entry in any lottery;

                                                   (f)        gifts or rewards of any other kind.”

                 Question - That the amendment be agreed to - put and negatived.

                          Clause No. 16, as amended and otherwise amended, agreed to.

                 The Hon. N. Xenophon moved on page 8, after line 35, to insert new clauses as follow:

                  Amendment of s. 44—Licensee's power to bar

                          16A. Section 44 of the principal Act is amended by inserting after subsection (5) the following subsection:

 

 

 

                                                   (5a) The decision of the Commissioner on the review is not subject to review by the Authority or appeal in any court.

                  Amendment of s. 45—Commissioner's power to bar

                          16B. Section 45 of the principal Act is amended—

                          (a)        by striking out paragraph (c) of subsection (2);

                          (b)        by inserting after subsection (4) the following subsection:

                                                   (4a) The Commissioner must give written notice of an order under this section, and of any variation or revocation of the order, to the casino licensee.

                  Amendment of s. 65—Review of Commissioner's decision

                          16C. Section 65 of the principal Act is amended by striking out from subsection (1) "A" and substituting "Subject to this Act, a".”

                 Question - That new clause No. 16A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 Question - That new clause No. 16B, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 Question - That new clause No. 16C, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 The Hon. N. Xenophon moved on page 8, after line 35, to insert new clause as follows:

                                                                                         PART 3A

                                                           AMENDMENT OF ELECTORAL ACT 1985

                       Insertion of Part 13A

                             16E. The following Part is inserted after section 130 of the principal Act:

                                                                                         PART 13A

                                                                          POLITICAL DONATIONS

                                        Object

                                                   130A. The object of this Part is to protect the public interest in both the fact and the appearance of the independence of the political process from the uniquely powerful economic force of the gambling industry.

                                        Offence for gambling entity to make political donation

                                                   130B. (1) A gambling entity must not make a political donation or ask or direct another person to make a political donation on behalf of the gambling entity.

                                        Maximum penalty:     $20 000.

                                                  (2) For the purposes of this section, a gambling entity will be taken to have made a political donation if—

                                                   (a)       another person makes the donation with property that is owned or controlled by the gambling entity; or

                                                   (b)       another person makes the donation on behalf of the gambling entity and the donation would not have been made but for the influence of the gambling entity.

                                                   (3) For the purposes of this section, a gambling entity will not be taken to ask or direct another to make a political donation on behalf of the gambling entity by reason only of making a statement expressing support for or opposition to a political organisation or the election of a candidate if—

                                                   (a)       the statement is made without reference to a donation; or

                                                   (b)       the statement is made publicly and encourages all persons to make donations to political organisations or candidates (without reference to any particular organisation, candidate or group of candidates).

                                                   (4) In this section—

                                                   "disposition of property" means any conveyance, transfer, assignment, settlement, delivery, payment or other alienation of property, and includes—

                                                               (a)        the allotment of shares in a company; and

                                                               (b)        the creation of a trust in property; and

                                                               (c)        the grant or creation of a lease, mortgage, charge, servitude, licence, power or partnership or any interest in property; and

                                                               (d)        the release, discharge, surrender, forfeiture or abandonment, at law or in equity, of a debt, contract or chose in action or any interest in property; and

 

 

 

                                                               (e)        the exercise by a person of a general power of appointment of property in favour of another person; and

                                                               (f)         any transaction entered into by a person with intent to diminish, directly or indirectly, the value of the person's own property and to increase the value of the property of another person;

                                                   "donation" means any disposition of property made by a person to another person, otherwise than by a will, being a disposition made without consideration or with inadequate consideration, and includes the provision of a service (other than volunteer labour) for no consideration or for inadequate consideration;

                                                   "election" means an election of members of the Legislative Council or an election of a member or members of the House of Assembly;

                                                   "gambling entity" means—

                                                               (a)        an applicant for, or the holder of, the casino licence;

                                                               (b)        an applicant for, or the holder of, any licence under the Gaming Machines Act 1992;

                                                               (c)        a racing controlling authority within the meaning of the Authorised Betting Operations Act 2000;

                                                               (d)        an applicant for, or the holder of, the major betting operations licence under the Authorised Betting Operations Act 2000;

                                                               (e)        an applicant for, or the holder of, an on-course totalisator betting licence under the Authorised Betting Operations Act 2000;

                                                               (f)         TAB;

                                                               (g)        a controlling authority within the meaning of the Racing Act 1976:

                                                               (h)        a racing club registered under the Racing Act 1976;

                                                               (i)         the Lotteries Commission of South Australia,

                                                   and, in each case, includes a close associate of the gambling entity;

                                                   "group of candidates" means a group of two or more candidates nominated for election to the Legislative Council who have their names grouped together on the ballot papers in accordance with section 58 of the Electoral Act 1985;

                                                   "political donation" means a donation made to or for the benefit of—

                                                               (a)        a candidate, or group of candidates, in an election; or

                                                               (b)        a political organisation,

                                                  but does not include an annual subscription paid to a political party by a person in respect of the person's membership of the party;

                                                   "political organisation" means a political party or a group, committee or association organised in support of a political party or a candidate in an election;

                                                   "property" includes money;

                                                   "spouse" includes a person who is a putative spouse, whether or not a declaration has been made under the Family Relationships Act 1975 in relation to that person.

                                                   "TAB" has the same meaning as in the Racing Act 1976.

                                                   (5) For the purposes of this section—

                                                   (a)       a person is a close associate of a gambling entity if—

                                                               (i)          one is a spouse, parent, brother, sister or child of the other; or

                                                               (ii)         they are members of the same household; or

                                                               (iii)        they are in partnership; or

                                                               (iv)       they are joint venturers; or

                                                               (v)        they are related bodies corporate; or

                                                               (vi)       one is a body corporate and the other is a director, manager, secretary or public officer of the body corporate; or

 

 

 

                                                               (vii)      one is a body corporate (other than a public company whose shares are listed on a stock exchange) and the other is a shareholder in the body corporate; or

                                                               (viii)     one is a body corporate whose shares are listed on a stock exchange and the other is a substantial shareholder (within the meaning of the Corporations Law) in the body corporate; or

                                                               (ix)        one has a right to participate (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or

                                                               (x)         one is in a position to exercise control or significant influence over the conduct of the other; or

                                                               (xi)        a chain of relationship can be traced between them under any one or more of the above subparagraphs; and

                                                   (b)       the question of whether a body corporate is related to another body corporate is to be determined in the same manner as under the Corporations Law.

                 Question - That new clause No. 16E, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put.

 

 

              Committee divided:

Ayes, 2

                 The Hon. T. G. Cameron

                 The Hon. N. Xenophon (Teller)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 18

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. R. I. Lucas (Teller)

 

 

 

                          Clause No. 17 agreed to.

                 The Hon. A. J. Redford moved on page 9, after line 16, to insert new clause as follows:

                           Amendment of s. 14A—Freeze on gaming machines

                                                   17A. Section 14A of the principal Act is amended by striking out from subsection (6) "2001" and substituting "2003".”

                 The Hon. P. Holloway moved to amend new clause No. 17A, as proposed to be inserted by the Hon. A. J. Redford, by inserting after “amended” the following:

                          “—

                          (a)    by inserting after subsection (2)(b) the following paragraph:

                                                   (c)      an application made by any other person in prescribed circumstances.;

                          (b)    by inserting after subsection (2) the following subsection:

                                             (2a) A regulation made for the purposes of subsection (2)(c) cannot come into operation until the time has passed during which the regulation may be disallowed by resolution of either House of Parliament.

                          (c)”.

 

 

                 Question - That the amendment moved by the Hon. P. Holloway to new clause No. 17A, as proposed to be inserted by the Hon. A. J. Redford, be agreed to - put and passed.

 

 

                 Question - That proposed new clause No. 17A, as proposed to be inserted by the Hon. A. J. Redford and as amended by the Hon. P. Holloway, be so inserted - put and passed.

                          New clause No. 17A inserted.

                          Clauses No. 18 and No. 19 agreed to.

                          Clause No. 20 read.

                 The Hon. N. Xenophon moved on page 9, after line 30, to insert proposed section as follows:

                          ATMs on licensed premises

                                                  51AB. The holder of a gaming machine licence must not provide, or allow another person to provide, on the licensed premises an automatic teller machine unless it is capable of accepting deposits of cash and cheques.

                          Maximum penalty: $35 000.”

                 Question - That the amendment be agreed to - put and negatived.

 

 

                 The Hon. N. Xenophon moved on page 10, after line 15, to insert proposed section as follows:

                          No change machines to be provided at licensed premises

                                                   51C. The holder of a gaming machine licence must not provide or allow another person to provide on the licensed premises a machine that provides coins in exchange for banknotes.

                          Maximum penalty: $35 000.”

                 Question - That the amendment be agreed to - put and negatived.

 

 

                          Clause No. 20, as amended and otherwise amended, agreed to.

                          New clause No. 20A inserted.

                          Clause No. 21 read.

                 The Hon. P. Holloway moved on page 10, after line 22, to insert proposed subsections as follow:

                          “(1a) The Governor may, by regulation, grant an exemption from subsection (1) for a specified period for the purposes of the conduct of a trial of a system designed to monitor or limit levels of gambling through the operation of gaming machines by cards.

                          (1b) Regulations made for the purposes of subsection (1a) may make provision for the recording and reporting of data in connection with the trial.

                          (1c) A regulation under subsection (1a) cannot come into operation until the time has passed during which the regulation may be disallowed by resolution of either House of Parliament.

                          (1d) The Minister must, within 3 months after expiry of an exemption under subsection (1a), cause a report to be laid before both Houses of Parliament about the conduct and results of the trial.”

                 The Treasurer moved to amend the amendment moved by the Hon. P. Holloway, by leaving out from proposed subsection (2) “by cards” and inserting “otherwise than by the insertion of coins”.

                 Question - That the amendment moved by the Treasurer, to the amendment moved by the Hon. P. Holloway, be agreed to - put and passed.

                 Question - That the amendment moved by the Hon. P. Holloway, as amended by the Treasurer, be agreed to - put and passed.

                 The Hon. N. Xenophon moved on page 10, lines 24 and 25, to leave out all words in these lines and insert the following:

                          (a)      provide any gaming machine on the licensed premises that is fitted with a device or mechanism designed to allow—

                                        (i)       the playing of a number of successive games by an automatic process; or

                                        (ii)      the playing of more than one game (ie line) simultaneously; or

                                        (iii)     betting at a rate of more than 10 cents per play; or

                                        (iv)     the playing of music; or

                           (b)       provide any gaming machine on the licensed premises unless it is fitted with a device or mechanism designed to ensure—

                                        (i)       that the machine automatically shuts down for at least five continuous minutes at the end of every hour; and

 

 

 

                                        (ii)      that whenever credits are displayed on the machine the monetary value of those credits is also clearly displayed; and

                                        (iii)     that for each game (ie line) played, whether the player has won or lost that game (ie line) is clearly displayed.”

                 Question - That the amendment be agreed to - put and negatived.

 

 

                 The Hon. N. Xenophon moved on page 10, after line 34, to insert proposed sections as follow:

                                        Prevention of gambling by intoxicated persons

                                                   53C. (1) The holder of a gaming machine licence must not permit an intoxicated person to play a gaming machine on the licensed premises.

                                        Maximum penalty: $10 000.

                                                   (2) In any proceedings for an offence against subsection (1), if in fact an intoxicated person played a gaming machine on the licensed premises, it will be presumed that the holder of the gaming machine licence permitted the intoxicated person to do so unless it is proved that the holder of the licence took all reasonable steps to prevent supply of liquor to intoxicated persons in the licensed premises and to prevent playing of gaming machines by intoxicated persons on the licensed premises.

                                        Smoking prohibited in gaming areas

                                                   53D. (1) The holder of a gaming machine licence must ensure that smoking of tobacco products does not occur in a gaming area on the licensed premises.

                                        Maximum penalty: $5 000.

                                                   (2) A person must not smoke in a gaming area.

                                        Maximum penalty: $2 500.

                                        Expiation fee: $210.

                                                   (3) In this section—

                                                   "smoking" means smoking, holding or otherwise having control over an ignited tobacco product;

                                                   "tobacco product" has the same meaning as in the Tobacco Products Regulation Act 1997.

                                        Food and drink not to be served to person in gaming area

                                                   53E. The holder of a gaming machine licence must not cause, suffer or permit food or drink to be offered or served to a person in any gaming area on the licensed premises.

                                        Maximum penalty: $5 000.

                                        Lighting levels in gaming areas

                                                   53F. The holder of a gaming machine licence must ensure that the nature and level of lighting in each gaming area on the licensed premises is of the standard required for interior office lighting under the Occupational Health, Safety and Welfare act 1986.

                                        Maximum penalty: $5 000.

                                        Prohibition of inducements to bet on gaming machines

                                                   53G. The holder of a gaming machine licence must not offer or provide a person with any of the following as an inducement to bet, or to continue to bet, on a gaming machine on the licensed premises:

                                                   (a)       free cash, or free vouchers or gambling chips that can be used for the purposes of making bets on a gaming machine or that can be exchanged for cash;

                                                   (b)       free points or credits on any machine;

                                                   (c)       membership (whether on payment of a fee or not) of a jackpot or other gambling club;

                                                   (d)       free, or discounted, food or drink;

                                                   (e)       free entry in any lottery;

                                                   (f)        gifts or rewards of any other kind.

                                                   Maximum penalty:        $35 000 or imprisonment for 2 years.”

                 Question - That the amendment to insert proposed section 53C into the Act, be agreed to - put.

 

 

              Committee divided:

Ayes, 4

                 The Hon. M. J. Elliott

                 The Hon. I. Gilfillan

                 The Hon. S. M. Kanck

                 The Hon. N. Xenophon (Teller)

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 15

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. R. I. Lucas (Teller)

 

 

                 Question - That the amendment to insert proposed section 53D into the Act, be agreed to - put and negatived.

                 Question - That the amendment to insert proposed sections 53E and 53F into the Act, be agreed to - put and negatived.

                 Question - That the amendment to insert proposed section 53G into the Act, be agreed to - put and negatived.

                          Clause No. 21, as amended and otherwise amended, agreed to.

                 The Hon. N. Xenophon moved on page 10, after line 34, to insert new clauses as follows:

                  Amendment of s. 59—Licensee may bar excessive gamblers

                          21A. Section 59 of the principal Act is amended by inserting after subsection (4) the following subsections:

                                                   (5) The Commissioner may, on application by a person who is aggrieved by a decision of the licensee to issue an order under this section, review that decision.

                                                   (6) The Commissioner may confirm, vary or revoke the decision and the decision of the Commissioner is not subject to review by the Authority or appeal in any court.

                  Insertion of s. 59A

                          21B. The following section is inserted after section 59 of the principal Act:

                                        Commissioner's power to bar

                                                   59A. (1) The Commissioner may, by written order, bar a person (the excluded person) from the gaming areas of specified licensed premises for a period specified in the order or for an unlimited period.

                                                   (2) The Commissioner may make an order under this section—

                                                   (a)       on the application of the person against whom the order is to be made; or

                                                   (b)       on the application of a dependant or other person who appears to have a legitimate interest in the welfare of the person against whom the order is to be made; or

                                                   (c)       on the Commissioner's own initiative.

                                                   (3) The order must—

                                                   (a)       state the grounds on which the order is made; and

                                                   (b)       set out the rights of the excluded person to have the order reviewed; and

                                                   (c)       must be given to the excluded person personally or by sending it by post addressed to the person at the last known postal address.

                                                   (4) An order may be made under this section on any reasonable ground and, in particular, on the ground that the excluded person is placing his or her own welfare, or the welfare of dependants, at risk through gambling.

                                                   (5) The Commissioner must give written notice of an order under this section, and of any variation or revocation of the order, to the relevant licensees.

 

 

 

                                                   (6) An excluded person who contravenes an order under this section is guilty of an offence.

                                        Maximum penalty:     $2 500.

                                                   (7) The holder of a gaming machine licence, an approved gaming machine manager or an approved gaming machine employee who suffers or permits a person to enter or remain in a gaming area from which the person has been barred is guilty of an offence.

                                        Maximum penalty:     $10 000.

                                                   (8) The Commissioner may at any time revoke an order under this section.

                                                   (9) The Commissioner must retain copies of all orders made under this section.

                  Amendment of s. 69—Right of appeal

                          21D. Section 69 of the principal Act is amended by striking out subsections (1) and (2) and substituting the following subsections:

                                                   (1) Subject to this Act, a person who is the subject of an order or decision made or given by the Commissioner under this Act (other than section 59A) may appeal to the Court against that order or decision.

                                                   (2) A person who—

                                                   (a)       is the subject of a direction given by the Commissioner under this Act (except when acting as an authorised officer); or

                                                   (b)       is aggrieved by a decision of the Commissioner on an application under section 59A,

                                          may appeal to the Authority against that direction or decision.”

 

 

                 Question - That new clause No. 21A, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 Question - That new clause No. 21B, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                 Question - That new clause No. 21D, as proposed to be inserted by the Hon. N. Xenophon, be so inserted - put and negatived.

                          Clause No. 22 amended and agreed to.

                          Clause No. 23 read.

                 The Hon. N. Xenophon moved on page 12, after line 26, to insert new paragraph as follows:

                          (c)      by inserting at the end of the Schedule the following:

                                        The code of practice on advertising referred to in paragraph (na) must require-

                                                   (a)       specified warnings relating to problem gambling; and

                                                   (b)       the telephone number of a gambling problem helpline,

                                        to be included in all advertisements connected with gaming machines (and, in the case of television advertising, the code must require the warnings and number to appear at the end of the advertisement for a period of at least 15% of the total running time of the advertisement.)”

                 Question - That the amendment be agreed to - put and negatived.

 

 

                          Clause No. 23 agreed to.

                          Clauses No. 24 to No. 29 agreed to.

                          Clause No. 30 read.

                 The Hon. N. Xenophon moved on page 14, lines 23 and 24, to leave out paragraph (b).

                 The Hon. M. J. Elliott moved on page 14, line 24, after “State” to insert “(but not so as to prejudice the furtherance of the object set out in paragraph (a))”.

 

_____________________

 

And it being twelve of the clock:

WEDNESDAY 30 MAY 2001

_____________________

 

                 Question - That paragraph (b), as proposed to be struck out by the Hon. N. Xenophon, stand as printed - put and passed.

                 Question - That the amendment moved by the Hon. M. J. Elliott be agreed to - put.

 

 

              Committee divided:

Ayes, 4

                 The Hon. M. J. Elliott

                 The Hon. I. Gilfillan

                 The Hon. S. M. Kanck

                 The Hon. N. Xenophon (Teller)

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 15

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. R. I. Lucas (Teller)

 

 

 

                          Clause No. 30 agreed to.

                          Clauses No. 31 to No. 33 agreed to.

                          Clause No. 34 read.

                 The Hon. N. Xenophon moved on page 15, after line 16, to insert proposed paragraphs as follow:

                          (c)      in relation to making bets with the holder of the major betting operations licence—

                                        (i)       one or more specified premises that are offices or branches of the holder of that licence; or

                                        (ii)      making bets at one or more specified agencies of the holder of that licence; or

                                        (iii)     making bets by telephone or other electronic means not requiring attendance at an office, branch or agency of the holder of that licence; or

                           (d)       in relation to purchasing lottery tickets from the Commission—

                                        (i)       one or more specified premises that are offices or branches of the Commission; or

                                        (ii)      purchasing lottery tickets at one or more specified agencies of the Commission; or

                                        (iii)     purchasing lottery tickets by telephone or other electronic means not requiring attendance at an office, branch or agency of the Commission.”

                 Question - That the amendment be agreed to - put and negatived.

 

 

                          Clause No. 34 otherwise amended and agreed to.

                          Clause No. 35 agreed to.

                          Clause No. 36 read.

                 The Hon. N. Xenophon moved on page 16, after line 2, to insert proposed section as follows:

                          Matters to be referred to Authority

                                                   18A. (1) If an association formed to promote or protect the interests of a section of the gambling or liquor industry, or employees in the gambling or liquor industry, receives a complaint that appears to allege a breach of a prescribed Act or a condition of a licence under such an Act, the association must refer the complaint to the Authority and provide the Authority with all information in its possession relating to the complaint or alleged breach.

                          Maximum penalty: $10 000.

                                                   (2)  Information provided to the Authority under this section will be regarded as confidential information for the purposes of this Act.”

                 Question - That the amendment be agreed to - put.

 

 

              Committee divided:

Ayes, 4

                 The Hon. M. J. Elliott

                 The Hon. I. Gilfillan

                 The Hon. S. M. Kanck

                 The Hon. N. Xenophon (Teller)

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 15

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. P. Holloway

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. R. I. Lucas (Teller)

 

 

                          Clause No. 36 agreed to.

                          Clauses No. 37 to No. 48 agreed to.

                          Clause No. 49 amended and agreed to.

                          Title agreed to.

____________________

 

                 The President resumed the Chair, and reported that the Committee had considered the Bill and had agreed to the same with amendments.

                 Ordered - That the Bill be recommitted in respect of clause No 17A.

                 The President then left the Chair, and the Council resolved itself into a Committee of the Whole for the reconsideration of clause No. 17A.

 

In the Committee

 

                          Clause No. 17A  reconsidered.

                 The Hon. A. J. Redford moved after “amended” to leave out paragraphs (a) and (b).

                 Question - That the amendment be agreed to - put.

 

 

              Committee divided:

Ayes, 4

                 The Hon. M. J. Elliott

                 The Hon. I. Gilfillan

                 The Hon. N. Xenophon

                 The Hon. A. J. Redford (Teller)

 

 

 

 

 

 

 

 

 

 

 

      So it passed in the negative.

 

Noes, 15

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. K. T. Griffin

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon. J. F. Stefani

The Hon. C. Zollo

The Hon. P. Holloway (Teller)

 

 

                          Clause No. 17A, as reconsidered, agreed to.

 

 

____________________

 

                 The President resumed the Chair, and reported that the Committee had reconsidered the Bill and had agreed to the same without further amendment; whereupon the Council adopted such reports.

                 The Treasurer, pursuant to contingent notice, moved - That the Standing Orders be so far suspended as to enable the Bill to pass through its remaining stages without delay.

 

 

                 Question put and passed.

                 Bill read a third time.

                 Resolved - That this Bill do now pass.

 

 

14.

The Minister for Transport and Urban Planning, by leave, tabled a copy of a Ministerial Statement made by the Minister for Aboriginal Affairs (The Hon. D. C. Kotz, M.P.) concerning the Official Start of Reconciliation Week.

 

Paper Tabled.

15.

Council adjourned at ten minutes past one o’clock a.m. until today, at fifteen minutes past two o’clock p.m.

 

Adjournment.

 

 

_________________________

 

 

 

 

 

 

Members present during any part of the sitting:

 

 

 

 

The Hon. T. G. Cameron

The Hon. T. Crothers

The Hon. L. H. Davis

The Hon. J.S.L. Dawkins

The Hon. M. J. Elliott

The Hon. I. Gilfillan

The Hon. K. T. Griffin

 

The Hon. P. Holloway

The Hon. S. M. Kanck

The Hon. D. V. Laidlaw

The Hon. R. D. Lawson

The Hon. R. I. Lucas

The Hon. C. A. Pickles

The Hon. A. J. Redford

The Hon. R. R. Roberts

The Hon. T. G. Roberts

The Hon. C. V. Schaefer

The Hon. R. K. Sneath

The Hon.  J. F. Stefani

The Hon. N. Xenophon

The Hon. C. Zollo