TT-Line Gaming Act 1993 An Act to allow gaming on ships operated by State shipping companies and for related purposes [Royal Assent 25 June 1993] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the TT-Line Gaming Act 1993 . 2. Commencement This Act commences on a day to be proclaimed. 3. Interpretation In this Act, unless the contrary intention appears – approved means – (a) in the case of gaming areas, approved in writing by the Minister; and (b) in any other case, approved by the Commission under the Gaming Control Act 1993 ; Commission means the Tasmanian Liquor and Gaming Commission established under the Gaming Control Act 1993 ; exclusion order means an order under section 112E of the Gaming Control Act 1993 prohibiting a person from entering, or remaining in, a gaming area; game means a game within the meaning of the Gaming Control Act 1993 ; gaming means wagering in a contingency relating to a game, whether by means of a gaming machine or otherwise; gaming area means an area on a ship within which, under a gaming licence, the following may take place: (a) a keno game; (b) other gaming and gaming operations; gaming equipment means gaming equipment within the meaning of the Gaming Control Act 1993 ; gaming licence means a licence issued to a State shipping company under section 4 ; gaming machine means any device that is designed – (a) for the playing of a game of chance or a game that is partly a game of chance and partly a game requiring skill; and (b) to – (i) pay out money or gaming tokens as a result of the making of a wager; or (ii) register a right to an amount of money or money's worth to be paid as a result of the making of a wager; gaming management agreement means an agreement entered into under section 5 ; gaming manager in relation to a ship, means a company that has entered into a gaming management agreement with the licensee in respect of that ship; gaming operations includes – (a) the organization and conduct of gaming, including a keno game; and (b) the management and supervision of gaming by means of gaming equipment or otherwise; and (c) the control of gaming areas and keno outstations; and (d) accounting and the handling of money in relation to gaming; and (e) the keeping of records in relation to gaming; and (f) the maintenance of gaming equipment and gaming machines; and (g) other activities reasonably affecting or arising out of the conduct of gaming; inspector means an inspector appointed under section 128 of the Gaming Control Act 1993 ; keno game means a game conducted in accordance with the Gaming Control Act 1993 or this Act in which a person wagers – (a) that certain numbers selected by that person will be among a group of numbers randomly selected from a total pool of 80 numbers; or (b) on the outcome of the numbers randomly selected from a total pool of 80 numbers; keno draw display board means an electronic device on which the results of a keno game may be displayed; keno outstation means an area on a ship, outside a gaming area, within which a person may buy a keno ticket for, and receive winnings from, a keno game; keno ticket means a ticket that enables a person to participate in a keno game; licensee means a State shipping company that holds a gaming licence; maintain in relation to any gaming machine, gaming equipment includes– (a) the monitoring and testing of that machine or equipment; and (b) the servicing, repair and cleaning of that machine or equipment; master means the person, other than a pilot, having command of a ship; operational service in relation to a ship, means – (a) if the ship is being used to provide an interstate ferry service – the operation of the ship in respect of that interstate ferry service; or (b) if the ship is being used for a special cruise – the operation of the ship in respect of that special cruise; operator in relation to gaming operations on a ship, means – (a) if the licensee is conducting those gaming operations – the licensee; or (b) if the licensee has entered into a gaming management agreement in respect of that ship and the gaming manager is conducting those gaming operations – the gaming manager; special cruise means a shipping operation that is undertaken otherwise than for the purpose of providing an interstate ferry service; special employee means a natural person holding a licence in force under Division 3 of Part 4 of the Gaming Control Act 1993 ; special interstate ferry service means an interstate ferry service on which gaming, apart from the operation of keno outstations, may take place in a permanent gaming area or a temporary gaming area, or both; standard interstate ferry service means an interstate ferry service on which gaming, apart from the operation of keno outstations, is restricted to a permanent gaming area; State shipping company means a company formed and incorporated pursuant to section 5 of the TT-Line Arrangements Act 1993 ; terms includes conditions; token means Australian currency or any token, credit or any other thing that enables a wager to be made on a gaming machine; Victorian Commission means the Victorian Commission for Gambling Regulation; wager has the same meaning as in the Gaming Control Act 1993 . PART 2 - Gaming Licences Division 1 - Issue and effect of licences 4. Issue of gaming licences (1) The Minister may issue a gaming licence to a State shipping company in respect of a ship that is operated exclusively by that company. (2) A gaming licence may be issued under subsection (1) notwithstanding that the ship has not entered operational service with the State shipping company, but a licence so issued ceases to have effect if the ship does not enter operational service with the company within the period of 6 months immediately after the licence is issued. (3) Subject to this Act, a gaming licence may be issued on such terms determined by the Minister as are specified in the licence. (4) A State shipping company must pay to the Minister such fee as may be prescribed for the issue of a gaming licence. (5) A fee prescribed for the purposes of subsection (4) may be a nominal fee. (6) . . . . . . . . (7) . . . . . . . . 5. Gaming management agreements (1) Subject to this section, a licensee may at any time enter into a gaming management agreement with a company that – (a) is incorporated under the Corporations Act; and (b) . . . . . . . . (2) A gaming management agreement may be entered into on such terms, including terms relating to the recovery of costs incurred by the licensee in connection with the issue of a gaming licence, as are agreed by the parties and specified in the agreement. (3) Notwithstanding subsection (2) , the terms of a gaming management agreement entered into by a licensee are not to contravene or be inconsistent with the terms of the licensee's gaming licence. (4) A licensee must not enter into a gaming management agreement in respect of a ship if the licensee has previously entered into a gaming management agreement in respect of that ship that is still in force. (5) A gaming management agreement comes into force on the day specified in it as the commencement date. 6. Approval of gaming management agreements (1) A gaming management agreement is of no effect unless both the gaming manager and the terms of the agreement have been approved in writing by the Commission. (2) For the purposes of subsection (1) , the Commission may – (a) carry out such investigations as the Commission considers necessary or appropriate; and (b) by notice in writing – require the company that has entered or proposes to enter into the agreement with the licensee, or any person holding a position of authority in that company, to provide to the Commission – (i) any record or other information; or (ii) an authority or consent to obtain any record or other information – that the Commission considers relevant to its investigations. (3) Without limiting the generality of subsection (2) (a) , the Commission may have particular regard in its investigations to all or any of the matters set out in Schedule 1 and to any prescribed matters. (4) For the purposes of subsection (2) (b) , the Commission may require the provision of any record or other information that is of a confidential nature and a person who complies with a notice of such a requirement does not on that account incur a liability to another person. (5) If a notice of a requirement under subsection (2) (b) is not complied with, the Commission is not required to take any further action in relation to the approval of the relevant gaming management agreement. (6) The Commissioner of Police is authorized to assist and provide any record or other information to the Commission for the purposes of this section. (7) The Commission is not required to give reasons for approving or refusing to approve a gaming manager or the terms of a gaming management agreement but it may do so if it thinks fit. 7. Gaming on standard interstate ferry services (1) A gaming licence authorizes gaming to take place on the ship in respect of which the licence is issued when the ship is being used to provide a standard interstate ferry service. (2) For the purposes of subsection (1) – (a) the licensee may set aside permanently an approved area on the ship for use as a gaming area; and (b) the operator, subject to and in accordance with this Act and the licence, may do all or any of the following: (i) install and maintain approved gaming equipment and approved gaming machines in the permanent gaming area; (ii) conduct gaming operations in the permanent gaming area; (iii) sell keno tickets, in approved keno outstations, for keno games; (iv) display the results of keno games on keno draw display boards located in approved keno outstations and at other approved places on the ship. (3) For the purposes of this section, a ship is taken to be providing a standard interstate ferry service during any time when it is – (a) in port embarking passengers for that service; or (b) at sea on that service. 8. Gaming on special interstate ferry services and cruises (1) A gaming licence authorizes gaming to take place on the ship in respect of which the licence is issued when the ship is being used – (a) to provide a special interstate ferry service; or (b) for a special cruise. (2) For the purposes of subsection (1) – (a) the licensee may set aside temporarily, in addition to the permanent gaming area referred to in section 7 (2) (a) , another approved area on the ship for use as a gaming area on any such service or cruise; and (b) the operator, subject to and in accordance with this Act and the licence, may do all or any of the following: (i) install and maintain approved gaming equipment in the temporary gaming area; (ii) conduct gaming operations in the permanent gaming area or the temporary gaming area, or both, on any such service or cruise; (iii) sell keno tickets, in approved keno outstations, for keno games; (iv) display the results of keno games on keno draw display boards located in approved keno outstations and at other approved places on the ship. (3) For the purposes of this section, a ship is taken to be providing a special interstate ferry service or to be on a special cruise during any time when it is – (a) in port embarking passengers for that service or cruise; or (b) at sea on that service or cruise. 9. Legalization of onboard gaming, &c. (1) Despite the provision of any other Act or any law, the conduct and playing of a game and the use of gaming equipment is lawful when the game is conducted, and the gaming equipment is provided, in a gaming area or at a keno outstation by or on behalf of the operator in accordance with this Act or, in the case of a keno game conducted in accordance with the Gaming Control Act 1993 , in accordance with that Act. (2) . . . . . . . . (3) The following are not public or private nuisances if they are conducted on a ship under a gaming licence: (a) a keno game that is conducted in accordance with the Gaming Control Act 1993 or this Act; (b) other gaming operations. (4) . . . . . . . . 10. Limits of authority of gaming licences (1) Nothing in this Act or a gaming licence authorizes gaming or gaming operations to take place in contravention of a law of another State or a Territory of the Commonwealth during any period when the ship in respect of which the licence is issued is within the jurisdiction of that other State or Territory. (2) A gaming licence does not authorize gaming or gaming operations to take place on the ship in respect of which the licence is issued during any period when the ship – (a) is not carrying passengers; or (b) has berthed at a port for the purpose of enabling passengers to disembark. Division 2 - Licence controls 11. Duration of gaming licences (1) A gaming licence comes into force on the day specified in it as the commencement date. (2) A gaming licence, unless it is sooner surrendered or forfeited and notwithstanding any period of suspension, remains in force for such time as the ship in respect of which the licence is issued remains in operational service with – (a) the State shipping company to which the licence has been issued; or (b) a State shipping company to which the licence has been assigned under section 12 (2) . 12. Gaming licences not generally assignable (1) Except as provided by subsection (2) , a gaming licence is not capable of being assigned. (2) A State shipping company that has been issued with a gaming licence in respect of a ship may, with the approval of the Minister, assign that licence to another State shipping company if that other company has taken over the exclusive operation of that ship. 13. Surrender of gaming licences (1) A licensee may, with the approval of the responsible Minister in relation to the TT-Line Arrangements Act 1993 , surrender a gaming licence at any time. (2) A gaming licence and any gaming management agreement entered into pursuant to the licence, cease to have effect when the licence is surrendered. 14. Variation of gaming licences The Minister may, by giving a licensee not less than 14 days' notice in writing, do either or both of the following: (a) vary or revoke any of the terms of the licensee's gaming licence; (b) specify further terms of that licence. 15. Cancellation or suspension of gaming licences (1) The Minister may, by notice in writing given to the licensee, cancel or suspend a gaming licence issued in respect of a ship if – (a) where the licensee is the operator, the licensee contravenes or fails to comply with a provision of this Act, a provision of a Division or Part of the Gaming Control Act 1993 referred to in section 16 , or a term of the licence, that, in the opinion of the Minister, is a serious or fundamental contravention or failure to comply; or (b) where the licensee is not the operator, the operator – (i) contravenes or fails to comply with a provision of this Act, or a provision of a Part of the Gaming Control Act 1993 referred to in section 16 , that, in the opinion of the Minister, is a serious or fundamental contravention or failure to comply; or (ii) does any act or thing that causes the licensee to contravene or fail to comply with the gaming licence; or (c) the Minister is of the opinion that the operator is unfit to carry on the business of gaming; or (d) any person concerned in the management of the operator is, in the opinion of the Minister, unfit to participate in or be connected with the business of gaming and has not, within 7 days after being required to do so by the Minister, ceased to be a person so concerned; or (e) the licensee or, if the operator is a gaming manager, the gaming manager becomes subject to external administration under the Corporations Act. (2) A reference in subsection (1) (d) to a person concerned in the management of the operator includes a person who is an officer of the operator. (3) The Minister, on suspending a gaming licence, must specify the period for which it is suspended. (4) At any time while a gaming licence is suspended, the Minister may cancel the suspension, or reduce or extend the period for which the licence is suspended. (5) While the gaming licence is suspended, it is taken nevertheless to remain in force for the purposes of this section and sections 5 , 7 (2) (a) , 7 (2) (b) (i) , 8 (2) (b) (i) , 9 , 13 and 14 . (6) During a period of suspension – (a) no gaming is permitted to take place on the ship to which the licence relates; and (b) all gaming areas on that ship are to be closed; and (c) all gaming equipment and each gaming machine in those gaming areas is to be rendered inoperable; and (d) all gaming equipment in each keno outstation on that ship is to be rendered inoperable. PART 3 - Control of Gaming Division 1 - General controls 16. Application of certain provisions of Gaming Control Act 1993 (1) Divisions 1 , 3 , 4 and 5 of Part 4 , Part 5 (other than section 79(4) , (5) and (7) and section 101B ), Part 6 , Part 7 , Part 8 , Divisions 1 and 4 of Part 9 (other than section 136 ) and Part 10 (other than sections 161 , 173 , 174 , 175 , 178 and 179 ) of the Gaming Control Act 1993 apply in relation to the regulation and control of gaming on a ship operated by a State shipping company as if– (a) a reference to a casino operator, licensed operator or venue operator were read as a reference to an operator, within the meaning of this Act; and (ab) . . . . . . . . (ac) . . . . . . . . (b) a reference to a gaming area were read as a reference to a gaming area, or a keno outstation, within the meaning of this Act; and (c) a reference to operations, when used in relation to a casino and to the conduct of gaming, were read as a reference to gaming operations, within the meaning of this Act; and (d) a reference to gaming equipment were read as a reference to gaming equipment, and a keno draw display board, within the meaning of this Act; and (e) a reference to a gaming machine were read as a reference to a gaming machine, within the meaning of this Act; and (f) a reference to a casino were read as a reference to the areas on a ship set aside for use as gaming areas and specified in a licence issued under section 4 ; and (g) a reference to a casino licence or a general casino licence were read as a reference to a licence issued under section 4 ; and (h) a reference to premises included a reference to a ship; and (i) a reference to keno were read as a reference to keno, within the meaning of this Act; and (j) a reference to an approved venue were read as a reference to a ship in respect of which a licence has been issued under section 4 . (2) For the purposes of the application of the Divisions and Parts specified in subsection (1) , the terms specified in section 3 (1) of the Gaming Control Act 1993 apply except as provided in paragraphs (a) to (h) of subsection (1) or regulations made under subsection (3) . (3) Regulations may be made modifying the provisions of the Divisions and Parts specified in subsection (1) . 17. Notice of special interstate ferry service or special cruise A licensee must give the Commission not less than 14 days' written notice before the ship to which the licensee's licence relates commences a special interstate ferry service or special cruise if it is proposed that gaming take place on that service or cruise. 18. Application of an approval, rule or direction under the Gaming Control Act 1993 Where the Commission gives an approval under the Gaming Control Act 1993 in respect of games or gaming equipment or makes a rule or gives a direction under that Act in respect of the gaming operations of the licensee, the approval, rule or direction may apply to gaming operations either generally or in respect of one or more of the following: (a) the whole or any part of a standard interstate ferry service; (b) the whole or any part of a special interstate ferry service; (c) the whole or any part of a special cruise. 19. Exclusion order not to apply to master, &c. Division 3 of Part 5 of the Gaming Control Act 1993 does not authorize the operator to give an exclusion order that prevents the master, a ship's officer or a member of the ship's crew from entering or remaining in a gaming area in the course of that person's duty as master, ship's officer or a member of a ship's crew. 19A. Powers of Victorian Commission (1) In relation to the regulation and control of gaming on a ship operated by a State shipping company, the Victorian Commission may exercise any power that an inspector may exercise under a provision of a Division or Part of the Gaming Control Act 1993 specified in section 16 . (2) The Victorian Commission may exercise a power referred to in subsection (1) only– (a) with the written approval of the Tasmanian Liquor and Gaming Commission; and (b) while that approval is in force; and (c) in accordance with any conditions of that approval. (3) The Tasmanian Liquor and Gaming Commission, by notice in writing, may– (a) give an approval subject to any conditions; and (b) vary or revoke such an approval; and (c) vary or revoke a condition of such an approval. (4) The Victorian Commission, by a certificate of authority, may authorize a person to exercise in accordance with this section any power that the Victorian Commission may exercise under this section. 20. Gaming is subject to ship safety (1) In this section gaming area includes keno outstation. (2) This section applies to a ship in respect of which the operator is a gaming manager. (3) The master of a ship in respect of which a gaming licence has been issued may at any time give to the operator any order that appears to the master to be necessary or expedient for the preservation of good order or discipline on the ship or for the safety of the ship. (4) Without limiting the generality of subsection (3) , the master may at any time order the operator to close a gaming area immediately, or within a specified time, if the master considers it necessary or expedient to do so to – (a) ensure the safety of the ship or of all or any persons on the ship in an emergency or in hazardous seas; or (b) conduct a fire drill or life-boat drill, or both. (5) An order under subsection (3) or (4) – (a) may be given to the operator by the master personally or conveyed by a ship's officer; and (b) may be given orally or in writing; and (c) is taken to have been given to the operator if it is given to a special employee of the operator who apparently occupies a responsible position in the gaming area; and (d) may specify that all persons are to leave the gaming area or that only certain persons are to leave the gaming area. (6) An operator must not – (a) fail to comply with an order given under subsection (3) or (4) ; or (b) re-open a gaming area before an order given under subsection (4) has been countermanded. Penalty: Fine not exceeding 250 penalty units. (7) If an operator fails to comply with an order under subsection (3) or (4) the master may execute the terms of the order. Division 2 - . . . . . . . . 21. . . . . . . . . 22. . . . . . . . . 23. . . . . . . . . PART 4 - Miscellaneous 24. Taxation (1) In this section – onboard gaming means gaming on a ship in respect of which a gaming licence has been issued; relevant percentage means – (a) 7.91% in respect of any gaming by means other than a gaming machine; and (b) 17.91% in respect of gaming by means of a gaming machine. (2) An operator must pay to the Commissioner of State Revenue, as a tax on the gross profits derived by that operator from onboard gaming each month, a sum equivalent to the relevant percentage of the amount of that gross profit. (3) A sum payable by way of tax under subsection (2) , is to be paid to the Commissioner of State Revenue on or before the seventh day of the month following the month to which that tax relates. (4) For the purposes of subsection (2) , the gross profit derived in any month from onboard gaming is to be calculated – (a) by deducting from the total amount received in that month from gaming, the amount paid out during that month as winnings in respect of gaming; and (b) then – (i) if the value of the unredeemed tokens at the end of the month is greater than it was at the beginning of the month – by adding to the amount ascertained under paragraph (a) , the difference between those values; or (ii) if that value is less than it was at the beginning of the month – by deducting from the amount so ascertained, the difference between those values. (5) For the purposes of subsection (4) – (a) the value of a token is the amount required to be given for its issue for onboard gaming; and (b) any sum received for the issue of a token for gaming is a sum received from onboard gaming; and (c) a token is taken to be unredeemed so long as, having been issued for onboard gaming, it is not used in onboard gaming. (6) Any sum due under subsection (2) as a tax may be recovered by the Commissioner of State Revenue in a court of competent jurisdiction as a debt due to the Crown. 25. Revenue-sharing agreements The Minister may enter into an agreement with another State that provides for a proportion of the taxes that are paid to the Commissioner of State Revenue under section 24 (2) to be paid to that State. 26. Proceedings to recover gaming debts (1) In this section, legal proceedings means legal proceedings that could not be brought had this Act not been enacted. (2) A person may not, except against an operator, bring legal proceedings to recover – (a) money won by gaming on a ship in respect of which a gaming licence is in force; or (b) money on a cheque or other instrument given in payment of money so won; or (c) a loan of money with which to play a game on a ship in respect of which a gaming licence is in force. 27. . . . . . . . . 28. Regulations (1) The Governor may make regulations for the purposes of this Act. (2) Without limiting the generality of subsection (1) , the regulations may authorize the Commission to do any act or thing for the purposes of investigations carried out by the Commission under section 6 (2) . (3) The regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations. (4) The regulations may – (a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and (b) in respect of such an offence, provide for the imposition of a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues. (5) The regulations may authorize any matter to be from time to time determined, applied or regulated by the Minister or the Commission. 29. The amendments effected by these sections have been incorporated into the authorised version of the following Acts: (a) Casino Company Control Act 1973 ; (b) Gaming Act 1983 . 30. 30A. Transitional and savings provisions (1) A game in respect of which a declaration is in force under section 17 immediately before the commencement of the TT-Line Gaming Amendment Act 1993 is deemed to be approved by the Commission under section 103 of the Gaming Control Act 1993 and the rules in respect of that game are taken to be approved by the Commission under section 103 of the Gaming Control Act 1993 . (2) A gaming machine type in respect of which a declaration is in force under section 18 immediately before the commencement of the TT-Line Gaming Amendment Act 1993 is deemed to be a gaming machine type approved by the Commission under section 80 of the Gaming Control Act 1993 . (3) A gaming machine game in respect of which a declaration is in force under section 18 immediately before the commencement of the TT-Line Gaming Amendment Act 1993 is deemed to be a gaming machine game approved by the Commission under section 80 of the Gaming Control Act 1993 . (4) A direction in force under section 16 immediately before the commencement of the TT-Line Gaming Amendment Act 1993 in so far as it is not inconsistent with the provisions of the Gaming Control Act 1993 is deemed to be a direction given to a casino operator under section 112P of the Gaming Control Act 1993 . (5) Any approval given by the Commission in relation to internal controls and administrative and accounting procedures in accordance with a direction referred to in subsection (4) is deemed to be an approval given by the Commission under section 137 of the Gaming Control Act 1993 . (6) Any gaming area approved by the Minister and included in a licence in force under section 4 of this Act immediately before the commencement of the TT-Line Gaming Amendment Act 1993 , and the associated plans, diagrams and specifications, are deemed to be facilities for the conduct of gaming approved by the Commission under section 102 of the Gaming Control Act 1993 . 31. Administration of Act Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 – (a) the administration of this Act is assigned to the Treasurer; and (b) the Department responsible to the Treasurer in relation to the administration of this Act is the Department of Treasury and Finance. SCHEDULE 1 - Matters Relevant to Investigations by the Commission Section 6 (3) 1. Interpretation In this Schedule, company means a company that has entered, or proposes to enter, into a gaming management agreement with a licensee. 2. Matters relevant to investigations In determining whether or not to approve a gaming manager and the terms of a gaming management agreement the Commissioner may have particular regard to all or any of the following matters: (a) whether the company has, or has arranged, a satisfactory ownership, trust or corporate structure; (b) whether the company has, or is capable of securing, sufficient financial resources to guarantee its viability as a gaming manager; (c) whether the company has, or is capable of securing, appropriate business and managerial expertise and resources to conduct gaming operations; (d) whether the company has, or is capable of securing, appropriate technical expertise and resources to conduct gaming operations and, in particular, to operate and maintain gaming machines and gaming equipment; (e) whether the company has, or will have in place, appropriate arrangements and procedures for the recruitment, vetting, supervision and control of gaming employees; (f) whether the company has, or will have in place, appropriate arrangements and procedures to ensure that it will be able to conduct gaming operations in an orderly and efficient manner; (g) whether the company has a history of compliance with the Corporations Law ; (h) the history and reputation of the company in connection with any casino or gaming operations in this State or elsewhere; (i) whether each person holding a position of authority in the company is a fit and proper person to participate in, or be connected with, the business of gaming and, in particular, whether that person – (i) has a stable financial background; and (ii) is of good repute, having regard to character, honesty and integrity; and (iii) has any associates who are not of good repute, having regard to character, honesty and integrity.