Gambling and Racing Control Act 1999

This Act is the Gambling and Racing Control Act 1999.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

For this Act, the following are gaming laws:

this Act;

the Casino Control Act 2006;

the Casino (Electronic Gaming) Act 2017;

the Gaming Machine Act 2004;

the Interactive Gambling Act 1998;

the Lotteries Act 1964;

the Pool Betting Act 1964;

the Race and Sports Bookmaking Act 2001;

the Racing Act 1999;

the Totalisator Act 2014;

the Unlawful Gambling Act 2009.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including regulations (see Legislation Act, s 104).

Part 2 The commission

Note for pt 2

The governance of territory authorities, including the commission, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them.

The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.

Division 2.1 Establishment and functions of commission

The ACT Gambling and Racing Commission (the commission) is established.

The functions of the commission are—

to administer the gaming laws; and

to control, supervise and regulate gaming in the ACT; and

to exercise any other function given to the commission under this Act or any other territory law.

Note A provision of a law that gives a function to an entity also gives the entity the powers necessary and convenient to exercise the function (see Legislation Act, s 196).

Without limiting subsection (1), the functions of the commission include the following:

regulating—

the activities of casinos; and

machine gaming; and

lotteries; and

racing, as provided in the Racing Act 1999; and

betting; and

interactive gambling;

approving gaming and racing activities;

monitoring and researching the social effects of gambling and of gambling harm;

providing education and counselling services;

engaging in community consultation, as appropriate, on matters related to its functions;

reviewing legislation and policies related to gaming and racing and making recommendations to the Minister on those matters;

monitoring, researching and funding activities relating to gaming and racing;

investigating and conducting inquiries into—

issues related to gaming and racing; and

activities of people in relation to gaming and racing, for the purpose of exercising functions under a gaming law;

collecting taxes, fees and charges imposed or authorised by or under gaming laws.

The Minister may direct the commission by way of—

guidelines directing the way the commission is to exercise any of its functions; or

directions in writing relating to particular matters.

A guideline under subsection (3) (a) is a disallowable instrument.

The commission must exercise its functions in the way that best promotes the public interest, and in particular, as far as practicable—

promotes consumer protection; and

minimises the possibility of criminal or unethical activity; and

reduces the risks and costs, to the community and to the individuals concerned, of gambling harm.

In exercising its functions of reviewing legislation and policies to make recommendations to the Minister, the commission must engage in community consultation.

The commission may delegate the commission’s functions under this Act or another territory law to a public servant.

Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

Division 2.2 Governing board

The commission has a governing board.

Note An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (7) (b)).

The governing board has 5 members, of whom 1 must have knowledge, experience or qualifications related to providing counselling services to people experiencing gambling harm.

Note 1 The chair and deputy chair of the governing board must be appointed under the Financial Management Act 1996, s 79.

Note 2 The chief executive officer of the authority is a member of the board (see Financial Management Act 1996, s 80 (4)).

A person is not eligible to be a member if—

the person or the person’s domestic partner has an interest in a business subject to a gaming law; or

Note For the meaning of domestic partner, see the Legislation Act, s 169.

the person would be unlikely to be able to properly exercise the functions of a member because of the person’s business association, financial association or close personal association with someone else; or

the person has been convicted or found guilty of an offence against a gaming law or a corresponding law; or

within 5 years before the proposed appointment, the person has been convicted, or found guilty, of an offence in Australia punishable by imprisonment for at least 1 year; or

within 5 years before the proposed appointment, the person has been convicted, or found guilty, of an offence outside Australia that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year.

Note Found guilty—see the Legislation Act, dictionary, pt 1.

In this section:

corresponding law means a law of another jurisdiction, whether in or outside Australia, that regulates gaming or racing.

The chief executive officer of the commission must be a public servant.

Note A chief executive officer must be appointed under the Financial Management Act 1996, s 80 (2) and (3).