Gaming Machine Act 1991

This section applies if a court finds a person (the defendant) guilty of, or accepts a person’s plea of guilty for, an offence against section 261G.

The court may, if satisfied the defendant is experiencing, or at risk of experiencing, harm from gambling, postpone its decision on penalty on condition that the defendant agrees to attend counselling on a basis decided by the court.

The agreement—

must provide for counselling of a kind that may, in the court’s opinion, be beneficial in helping to overcome harmful behaviour related to gambling; and

must provide for counselling over a period, of not more than 12 months, fixed by the court; and

must allow the counsellor a discretion to disclose to the court information about the defendant’s participation in the counselling if the counsellor believes the disclosure will help the court to exercise its powers and discretions in an appropriate way under this section; and

must provide that the counsellor is to report to the court a failure by the defendant to attend counselling under the agreement.

To decide whether the defendant is experiencing, or at risk of experiencing, harm from gambling and, if so, whether counselling of an appropriate kind is available, the court may have regard to any information the court considers relevant, including, for example, a report of a psychiatrist or a psychologist.

If the court postpones a decision on penalty under this section, the court must proceed to make a decision on penalty—

as soon as practicable after the end of the period fixed for the counselling; or

if, during the period fixed for the counselling, the defendant advises the court that he or she does not want to continue with the counselling—as soon as practicable after the court receives the advice; or

if, during the period fixed for the counselling, the counsellor reports to the court that the defendant has failed to attend counselling under the agreement or to participate satisfactorily in the counselling—as soon as practicable after the court receives the report.

In making its decision on penalty after a postponement under this section, the court—

must consider whether and, if so, to what extent, the defendant has made a genuine attempt to overcome harmful behaviour related to gambling; and

may, for considering the matters mentioned in paragraph (a), have regard to the report of a counsellor appointed to counsel the defendant under an agreement under this section.