Gambling and Racing Control Act 1999

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

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)).

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

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.

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).

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.

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.

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.

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

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.

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

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

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.

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

In this section:

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