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Part 4 - Harm prevention and minimisation, enforcement, and other matters - Subpart 2 - Admission to venues

307 Admission to class 4 venue and casino venue

Subpart 2—Admission to venues

 

307Admission to class 4 venue and casino venue
(1)The fact that a class 4 venue or casino venue is licensed under this Act does not entitle a person to enter or remain on the premises.

 

(2)Subject to any right conferred by or under this Act, or any other Act, a person must leave a class 4 or casino venue if required to do so by, or on behalf of, the holder of a class 4 venue licence or casino operator's licence.

 

(3)The holder of a class 4 venue licence or casino operator's licence, or any person acting on behalf of the licence holder, need not give any reason for denying entry to a person or requiring a person to leave a venue.

 

(4)This section applies in addition to the Trespass Act 1980 and any other relevant enactment.

 

308 Requirement to develop policy for identifying problem gamblers

308Requirement to develop policy for identifying problem gamblers
(1)The following persons must develop a policy for identifying problem gamblers:
(a)every holder of a class 4 venue licence:
(b)every holder of a casino operator’s licence who is conducting casino gambling.

 

(2)The policy must include any procedures prescribed by regulations made under section 316.

 

(3)The venue manager or the holder of a casino operator’s licence must display a notice in the gambling area of the class 4 or casino venue advising customers—
(a)that the venue has a policy for identifying problem gamblers; and
(b)that a copy of the policy will be made available on request.

 

(4)A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, must take all reasonable steps to ensure that the policy is used to identify actual or potential problem gamblers.

 

(5)A venue manager, or holder of a casino operator’s licence, who contravenes subsection (3) commits an offence and is liable on conviction to a fine not exceeding $5,000.

 

(6)A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, who contravenes subsection (4) commits an offence and is liable on conviction to a fine not exceeding $5,000.

 

Section 308(3): amended, on 3 March 2015, by section 98(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 308(4): replaced, on 3 March 2015, by section 98(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 308(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Section 308(6): inserted, on 3 March 2015, by section 98(3) of the Gambling Amendment Act 2015 (2015 No 3).

 

309 Exclusion order may be issued to problem gambler identified under section 308

309Exclusion order may be issued to problem gambler identified under section 308
(1)The venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, must, after identifying a person under section 308(4) who he, she, or it has reasonable grounds to believe is a problem gambler, approach the person and offer information or advice to the person about problem gambling.

 

(2)The information or advice offered under subsection (1) must include a description of—
(a)the self-exclusion procedure available under section 310; and
(b)any procedures prescribed by regulations made under section 316.

 

(3)A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, may, after offering advice or information to a person under subsection (1), issue an exclusion order to the person that prohibits the person from entering the gambling area of the class 4 venue or casino venue (as the case may be) for a period of up to 2 years.

 

(4)If an exclusion order is issued under this section, the venue manager or holder of the casino operator’s licence, or a person acting on behalf of either of those persons, may require the person to whom it is issued, as a condition of re-entry, to participate, during the period of exclusion, in a procedure prescribed by regulations made under section 316(1)(e).

 

Section 309(1): amended, on 3 March 2015, by section 99(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 309(3): amended, on 3 March 2015, by section 99(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 309(4): amended, on 3 March 2015, by section 99(2) of the Gambling Amendment Act 2015 (2015 No 3).

 

309A Duty to assist problem gambler if ongoing concern exists

309A     Duty to assist problem gambler if ongoing concern exists

A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, must take all reasonable steps to assist a person including, if appropriate, issuing the person with an exclusion order under section 309(3) if—

(a)the venue manager or the holder of the casino operator’s licence, or a person acting on behalf of either of those persons, has already approached the person and provided information or advice to the person about problem gambling under section 309(1); and
(b)the person has not requested that he or she be issued with an exclusion order under section 310(1) (which relates to the exclusion of a self-identified problem gambler); and
(c)the person’s ongoing gambling or other behaviour at the venue means that the venue manager or the holder of the casino operator’s licence, or a person acting on behalf of either of those persons, still has reasonable grounds to believe that the person is a problem gambler.

 

Section 309A: inserted, on 3 March 2015, by section 100 of the Gambling Amendment Act 2015 (2015 No 3).

 

310 Exclusion order must be issued to self-identified problem gambler

310Exclusion order must be issued to self-identified problem gambler
(1)A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, must, promptly after being requested, issue an exclusion order to a person that prohibits the person from entering the gambling area of the class 4 venue or casino venue (as the case may be) for a period of up to 2 years if the person—
(a)has identified himself or herself to the venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, as being a problem gambler; and
(b)has requested that the venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, prohibit the person from entering the gambling area of the venue concerned.

 

(1A)A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, may refuse to issue an exclusion order under subsection (1) if—

(a)the person requesting the order fails or refuses to comply with a request to—
(i)provide the person’s name and date of birth; and
(ii)either provide a recent photograph of the person or consent to a photograph of him or her being taken; or
(b)the quality of the photograph referred to in paragraph (a)(ii) is such that the person cannot be readily identified.

 

(2)A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, may require a person to whom an exclusion order is issued, as a condition of re-entry, to participate, during the period of exclusion, in a procedure prescribed by regulations made under section 316(1)(e).

 

Section 310(1)(a): amended, on 3 March 2015, by section 101(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 310(1)(b): amended, on 3 March 2015, by section 101(1) of the Gambling Amendment Act 2015 (2015 No 3).

Section 310(1)(b): amended, on 3 March 2015, by section 101(2) of the Gambling Amendment Act 2015 (2015 No 3).

Section 310(1A): inserted, on 3 March 2015, by section 101(3) of the Gambling Amendment Act 2015 (2015 No 3).

Section 310(2): amended, on 3 March 2015, by section 101(4) of the Gambling Amendment Act 2015 (2015 No 3).

 

311 Requirement to remove person who enters gambling venue in breach of exclusion order

311Requirement to remove person who enters gambling venue in breach of exclusion order
(1)A venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, must remove any person who enters the gambling area of a class 4 venue or casino venue in breach of an exclusion order issued, or a condition of re-entry imposed, under section 309 or section 310.

 

(2)A constable may, if called on to assist a person specified in subsection (1) in effecting a removal, use such force as is reasonable in the circumstances to effect the removal.

 

Section 311(2): amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).

 

312 Offences relating to breach of exclusion order

312Offences relating to breach of exclusion order
(1)Every person commits an offence who enters the gambling area of a class 4 venue or casino venue—
(a)in breach of an exclusion order issued under section 309(3) or 310(1); or
(b)in breach of a condition of re-entry imposed under section 309(4) or 310(2).

 

(2)Every venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, commits an offence who, after having received a request under section 310(1) that includes the information specified in section 310(1A), fails to issue an exclusion order to a self-identified problem gambler.

 

(3)Every venue manager or the holder of a casino operator’s licence, or a person acting on behalf of either of those persons, commits an offence who—
(a)allows a person who is subject to an exclusion order under section 310(1) to enter the gambling area of a class 4 venue or casino venue; or
(b)fails to remove a person who has entered those areas—
(i)in breach of an exclusion order issued under section 310(1); or
(ii)in breach of a condition of re-entry imposed under section 310(2).

 

(4)It is a defence to a charge under subsection (3) if the defendant proves that—
(a)there were procedures in place at the venue to prevent a person subject to an exclusion order issued under section 310(1) from entering, or remaining in, the gambling area of the class 4 venue or casino venue; and
(b)the defendant had reasonable grounds to believe that those procedures would be effective in preventing a person subject to an exclusion order issued under section 310(1) from entering, or remaining in, the gambling area of the class 4 venue or casino venue; and
(c)despite the breach of subsection (3), the defendant took all reasonable steps to ensure that those procedures were complied with.

 

(5)Every person who commits an offence—
(a)against subsection (1) is liable on conviction to a fine not exceeding $500:
(b)against subsection (2) or (3) is liable on conviction to a fine not exceeding $5,000.

 

Section 312: replaced, on 3 March 2015, by section 102 of the Gambling Amendment Act 2015 (2015 No 3).

 

312A Duty to keep record of excluded persons

312A     Duty to keep record of excluded persons

Every holder of a class 4 venue licence or casino operator’s licence must,—

(a)in relation to each person excluded from the class 4 venue or casino venue (as the case may be), keep a record of—
(i)the person’s name and date of birth (if provided); and
(ii)whether the person was excluded from the venue under section 309 or 310; and
(iii)the date on which the exclusion order was issued and the date of its expiry; and
(iv)any conditions imposed on the person’s re-entry to the venue; and
(b)provide the person’s initials and date of birth and the information referred to in paragraph (a)(ii) to (iv) to the Secretary if requested to do so by the Secretary.

 

Section 312A: inserted, on 3 March 2015, by section 103 of the Gambling Amendment Act 2015 (2015 No 3).