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Gambling Act Consultation (22/03/04)

Introduction

The Gambling Act became law on 18 September 2003 (although many of its provisions do not take effect until mid-2004). The Department of Internal Affairs is preparing for the implementation of the remaining provisions on 1 July 2004. The Act introduces some changes to the way gambling is regulated in New Zealand and requires the Department to consult with you on some of those changes. Consultations are currently being undertaken on the following aspects of the new legislation:



Proposed Infringement Offences for Casino Game Rules
The "savings" provision in the Gambling Act preserves all game rules made under the Casino Control Act that are in force at the time the provision comes into effect on 1 July 2004. The game rules preserved have the status of regulations under the Regulations (Disallowance) Act 1989.

The Gambling Act introduces a new way of managing breaches of game rules. It authorises the Department to issue an "infringement notice" for breaches of game rules that regulations have prescribed as "infringement offences".

The purpose of this consultation document is to invite your feedback on which breaches of game rules should be subject to the new infringement offence regime and what level of infringement fee is appropriate for each offence.
Note: The Gambling Act repeals the Casino Control Act, provides for the dissolution of the Casino Control Authority and establishes a new Gambling Commission. Game rules that are currently in force under the Casino Control Act are preserved by the "savings" provision in the Gambling Act. See: http://www.casinocontrol.govt.nz/keywords/rules.html

For further information please contact Jannette Farley, Policy Analyst Casino Compliance, jannette.farley@dia.govt.nz , or telephone (09) 362 7930.

You can send your submissions to the Department in the following ways:

Email: linkproject@dia.govt.nz

Post: Department of Internal Affairs, PO Box 805, Wellington,
(Attention: GCR Link Project Communications Coordinator, Level 14)

Courier: Department of Internal Affairs, Level 1, 46 Waring Taylor Street, Wellington
(Attention: GCR Link Project Communications Coordinator, Level 14)

The Department asks that your submissions be received by 22 April 2004.


Games played on Gaming Machines in Class 4 Venues - Outside Casinos
The following document proposes a number of rules relating to games played on gaming machines outside casinos:
For further information please contact Angela Ibbotson, Senior Policy/Legal Analyst, GCR Link Project, at: linkproject@dia.govt.nz.

You can send your submissions to the Department in the following ways:

Email: linkproject@dia.govt.nz

Post: Department of Internal Affairs, PO Box 805, Wellington,
(Attention: GCR Link Project Communications Coordinator, Level 14)

Courier: Department of Internal Affairs, Level 1, 46 Waring Taylor Street, Wellington
(Attention: GCR Link Project Communications Coordinator, Level 14)

The Department asks that your submissions be received by 22 April 2004.


Limits on Venue Expenses
The following document also proposes a number of rules relating to games played on gaming machines outside casinos. This document looks particularly at limiting venue expenses – that is, the expenses gaming machine operators pay to venue operators (such as pubs) that host gaming machines. We present two options for limiting venue operator costs. We would like your comments on these options prior to deciding on what option, if any, to implement.
If you have any queries about this paper or the consultation process, please phone Kate Reid on (04) 494 0674.

You can send your submissions to the Department in the following ways:

Email: linkproject@dia.govt.nz

Post: Department of Internal Affairs, PO Box 805, Wellington,
(Attention: GCR Link Project Communications Coordinator, Level 14)

Courier: Department of Internal Affairs, Level 1, 46 Waring Taylor Street, Wellington
(Attention: GCR Link Project Communications Coordinator, Level 14)

The Department asks that your submissions be received by 22 April 2004.


Game Rules Class 1, 2 and 3 - Lotteries, Instant Games, Games of Chance and Prize Competitions
The following document proposes a number of rules relating to the running of lotteries, instant games, prize competitions and games of chance. Under the new Gambling Act, these forms of gambling fall within classes 1, 2 and 3 gambling.

For further information please contact Charlotte Story, Policy Analyst, GCR Link Project, charlotte.story@dia.govt.nz , or telephone (04) 494 0618.

You may send your submissions to us in any of the following ways:

Email: linkproject@dia.govt.nz

Post: Department of Internal Affairs, P O Box 805, Wellington
(Attention: GCR Link Project Communications Coordinator, Level 14)

Courier: Department of Internal Affairs, Level 1, 46 Waring Taylor Street, Wellington
(Attention: GCR Link Project Communications Coordinator, Level 14)

We invite you to consider the proposed rules contained in the document and tell us what you think of our approach. The Department asks that submissions be received by 22 April 2004.


Proposed Minimum Standards for Gaming Machine Equipment
(New Zealand Casino and Class 4 Gaming Machine Appendices to the Australian/New Zealand Gaming Machine National Standard Version 6.01)

A requirement relating to the Gambling Act 2003 banknote legal tender restriction has been added to each of the appendices.

Those requirements related to approval application, testing and grant of approval have been deleted. As advised in the consultation document operators will be advised on the process for obtaining approval at a later date and before July 1 2004.

The consultation document has been revised to take into account the proposed introduction by the CCA of Australian/New Zealand Gaming Machine National Standard Revision 7.0.
Proposed amendments to NZ Appendices to the National Standard:*These documents are in Adobe Acrobat (.pdf) format. You need to have the Adobe Acrobat Reader installed on your computer. You can download a free version from the Adobe site.


Electronic Monitoring of Non-casino Gaming Machines - Invitation for Preliminary Feedback

The introduction of the Gambling Act 2003 confirms all non-casino gaming machines will be required to be connected to an electronic monitoring system (EMS). The Department has yet to confirm these dates but all gaming machines are required to be connected to an EMS not later than three and a half years after the Gambling Act received Royal assent i.e. March 2007. It is important to naote that this is a final date and there will be deadlines before then. Most machines will be required to be connected by earlier dates. The Department will give societies as much notice as possible.

The Department is treating EMS implementation as a separate, stand-alone project. The EMS project team is actively planning for EMS implementation. As a part of its planning for EMS implementation the Department is keen to receive feedback from the gaming machine societies, sector groups and gaming machine manufacturers. In particular, we are keen to get your feedback about the requirements of sections 86 and 87 of the Gambling Act 2003, The feedback received will assist with the Department's planning of the EMS implementation process. The feedback will also be used to plan for a second "Formal" round of consultation in the near future.

We would like your feedback on the matters raised in the following document.

You can send your comments to the Department as follows:

Write, fax, email or courier to:

EMS Project Team
Department of Internal Affairs
Gambling and Censorship Regulation Group
PO Box 805
Wellington

Fax: 04 495 9444

Email: EMS@dia.govt.nz

The Department asks that your feedback be recieved by 9 April 2004.


Update on other Consultation relating to the Gambling Act

Gambling Act 2003 proposed licensing and compliance fees

We have also consulted with gambling operators on a schedule of proposed licensing and compliance fees. Feedback has been received, and we will advise Cabinet of potential impacts when we ask them for decisions on the fees regime.

The fees will be put in place by regulations and we expect that the regulations will be published in the NZ Gazette during June 2004, and come into effect from 1 July 2004. Information about the introduction of the regulations and new requirements will also be sent to affected people at the end of June 2004.

Possible Regulations

The Gambling Act 2003 – consultation on Possible Regulations document was sent to more than 3,000 affected and interested people in January 2004. The document invited people to provide feedback on the following proposed regulations:
  • Prohibited Prizes (property that should not be offered as prizes for gambling)
  • Ham Minimisation (how to prevent and limit the harm that can result from gambling).
  • Gaming machine profit distribution (distributing or applying the profits of the gaming machines that are in pubs and clubs) and the accountability of gaming machines operators.

We are now in the process of reviewing feedback we received (feedback was required by 27 February 2004), and we will advise Cabinet of any potential impacts when we ask them for decisions on what goes into the regulations.

We expect that the regulation will be published in the NZ Gazette during June 2004, and come into effect from 1 July 2004. Information about the introduction of the regulations and new requirements will also be sent to affected people at the end of June 2004.

Problem gambling strategy and problem gambling levy

The Ministry of Health will consult on its proposed problem gambling strategy and a levy on gambling operators to fund that strategy. If you would like more information on this, contact details are:

Nemu Lallu
Ministry of Health
PO Box 5013
Wellington
Email:
nemu_lallu@moh.govt.nz

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Last updated: 13/04/2004