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Chapter 1
Introduction
1.1
This is the final report of the Joint Select Committee on Gambling
Reform. The committee was established on 30 September 2010 to inquire into and
report on a number of areas, detailed below, and present its final report no
later than 30 June 2013.[1]
1.2
The committee has tabled six reports covering references and
legislation:
- the first report covered the design and implementation of
a mandatory pre-commitment system for electronic gaming machines;
- the second report covered interactive and online gambling
and gambling advertising and the Interactive Gambling and Broadcasting
Amendment (Online Transactions and Other Measures) Bill 2011;
- the third report covered the prevention and treatment of
problem gambling;
- the fourth report covered the National Gambling Reform
Bill 2012 and related bills; and
- the fifth report covered the advertising and promotion of
gambling services in sport and a related bill.
1.3
The committee will briefly revisit its initial Terms of Reference to
record the committee's actions and decisions. The committee was asked to
inquire into and report on:
(i) The Productivity Commission report on gambling, released
in June 2010, including a national response to the full set of its
recommendations;
1.4
Established in 2010, the terms of reference for the COAG Select Council
on Gambling Reform indicate that, considering the recommendations of the
Productivity Commission report, it was to develop a national approach to
minimise harm from problem gambling. It was also to advise COAG on monitoring
and implementing the recommendations. The final report to COAG was due by the
end of 2011. This appears not to have occurred. The Council has met three times
since 2010 with its most recent meeting held 27 May 2011.[2]
In an effort to provide as much information as possible which could be used as
input for such work, through its six reports, the committee has covered the key
areas in the 2010 Productivity Commission report.
(ii) The design and implementation of a best practice full
pre-commitment scheme – that is uniform across all States and Territories and
machines - consistent with the recommendations and findings of the Productivity
Commission.
1.5
This issue was covered in the committee's first report.
(iii) Legal advice commissioned and received by the
Commonwealth by 1 February 2011 regarding the Commonwealth’s
constitutional competence and prospects for successfully legislating in this
area, including the reasoning supporting the legal advice and financial and
other consequences flowing from it.
1.6
The committee received the legal advice from the government by 1
February 2011. It decided not to conduct a separate inquiry into this area but
noted it would be covered when the government legislation was introduced. Ultimately
it was not a key issue raised with the committee during its inquiry into the
National Gambling Reform Bill 2012 and related bills (fourth report).
(iv) Any gambling-related legislation that has been tabled in
either House, either as a first reading or exposure draft;
1.7
Bills referred to the committee were examined in the committee's second,
fourth, fifth and sixth reports.
(v) Appropriate terms of reference, to be set by no later
than 30 June 2013, of a further Productivity Commission Inquiry to examine the
impact of pre-commitment schemes on problem gambling and to determine what
further harm minimisation measures may be necessary.
1.8
This requirement was overtaken by the government's gambling legislation which
required the Productivity Commission to undertake a review of assessment of
progress in complying with the requirements around pre-commitment. The
committee recommended that several areas be included in the review: the ban on
the use of biometrics; the linking of pre-commitment to loyalty schemes;
whether there are grounds for further exemptions for smaller venues in regional
and remote areas; and any unintended consequences of not including EFTPOS
transactions in the $250 per day ATM withdrawal limit.[3]
(vi) Monitoring the impact of reforms to address problem
gambling.
1.9
This was covered in the committee's third, fourth, fifth and sixth
reports.
(vii) Such other matters relating to gambling referred by
either House.
1.10
This was covered in the committee's second, third, and fifth reports.
1.11
This sixth and final report covers the remaining matters referred
to the committee:
-
Poker Machine Harm Reduction ($1 Bets and Other Measures) Bill
2012;
- Anti-Money Laundering Amendment (Gaming Machine Venues) Bill
2012; and
- Interactive Gambling Amendment (Virtual Credits) Bill 2013.
Structure of the report
1.12
Chapters 2 and 3 cover the Poker Machine Harm Reduction ($1 Bets and
Other Measures) Bill 2012.
1.13
The Anti-Money Laundering Amendment (Gaming Machine Venues) Bill 2012 is
detailed in Chapter 4; and
1.14
The Interactive Gambling Amendment (Virtual Credits) Bill 2013 is
covered in Chapters 5 and 6.
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