Gambling Amendment Act (No 2) 2015

Part 1 Class 4 gambling

4 Section 4 amended (Interpretation)

(1)

In section 4(1), definition of key person, replace paragraph (a)(iii) with:

(iii)

exercises significant influence in the management of a corporate society that is an applicant for, or a holder of, a class 4 operator’s licence:

(iv)

is a management services provider for a corporate society that is an applicant for, or a holder of, a class 4 operator’s licence:

(v)

is the chief executive (or performs that function) of a management services provider for a corporate society that is an applicant for, or a holder of, a class 4 operator’s licence:

(vi)

exercises significant influence in the management of a management services provider for a corporate society that is an applicant for, or a holder of, a class 4 operator’s licence; and

(2)

In section 4(1), definition of key person, replace paragraph (b)(iva) with:

(iva)

a person who has a significant interest in the management, ownership, or operation of a venue operator, except for the following persons holding office, elected, or appointed under the Sale and Supply of Alcohol Act 2012:

(A)

a member of a licensing trust elected in accordance with sections 308 to 314 of that Act or appointed under section 315 of that Act; or

(B)

a trustee of a community trust holding office under section 369 of that Act or elected in accordance with sections 370 to 373 of that Act or appointed under section 374 of that Act:

(ivb)

a person who has the ability, directly or indirectly, to exert a significant degree of influence over the management or operations of a venue operator, except for the following persons holding office, elected, or appointed under the Sale and Supply of Alcohol Act 2012:

(A)

a member of a licensing trust elected in accordance with sections 308 to 314 of that Act or appointed under section 315 of that Act; or

(B)

a trustee of a community trust holding office under section 369 of that Act or elected in accordance with sections 370 to 373 of that Act or appointed under section 374 of that Act; and

(3)

In section 4(1), insert in its appropriate alphabetical order:

management services provider, in relation to a corporate society that is an applicant for, or a holder of, a class 4 operator’s licence, means a person who, under a contract or arrangement, provides to the corporate society ongoing services that—

(a)

directly relate to the conduct of class 4 gambling; and

(b)

are not solely confined to servicing gambling equipment at a class 4 venue; and

(c)

would, in the absence of that contract or arrangement, be performed by the corporate society itself

(4)

Replace the definition of net proceeds in section 4(1) with:

net proceeds has the meaning given by section 5A