A bill before the Queensland parliament seeks to amend the Charitable and Non-Profit Gaming Act 1999 as well as other for-profit and licensed club gaming legislation. The amendments to each Act will enable a regulation to prescribe harm measures that have the purpose of minimising the potential for harm from the relevant form of gambling and the persons who are required to implement the prescribed measures.

The Bill includes a consistent regulation-making power in each of these Gaming Acts that would enable a regulation to be made to prohibit, permit or otherwise regulate the different types of payment methods.

The Casino Control and Other Legislation Amendment Bill 2022 enables the making of a regulation that prescribes a harm minimisation measure that is required to be implemented by persons to whom the regulation applies, if the Minister is satisfied the harm minimisation measure is necessary and appropriate to minimise the potential for harm from the relevant form of gambling and is consistent with the objects of the relevant gambling Act, or it is otherwise in the public interest to prescribe the measure.

It will also provide the Government with the means to flexibly introduce agreed national harm minimisation measures (such as any potential expansion to the nationally agreed measures under the National Consumer Protection Framework for online wagering). The Minister is presently required to notify the making of the rule in the gazette.

The Bill amends the Acts to allow notification of the new gaming rules to be made on the Department’s website.

The Explanatory Memorandum to the Bill [at 42] reported that consultation on the Bill was marked by comments by major charity sector gaming fundraisers that:

the Charitable and Non-Profit Gaming Act should be excluded from the harm minimisation regulation making power because there is a lack of harm from charitable games and such a power would place a disproportionate regulatory burden on charities“.

Further, any new rules on such matters should be subject to consultation with stakeholders.

The Explanatory Memorandum noted that [at 42]

While it is acknowledged that charitable games generally have a lower risk profile, charities have displayed innovation in recent years that has not been replicated in other gambling streams (for example, bitcoin/blockchain raffles). Accordingly, there may be a need for the Government to ensure harm minimisation measures can be applied to emergent practices in the charitable gaming sector. A regulation making power about harm minimisation is needed, if necessary, to respond proportionately to unknown future innovations“.

Article by:

Latest News


April 18, 2024

A housing trust’s modernisation requires Court approval

Background The Baxter Homes Trust (Trust), was a charitable trust established in Victoria by a deed executed in 1960. Its purpose was to provide aged inhabitants of Geelong Victoria or its neighbourhood with housing as administered by The Geelong and Western District Ladies Benevolent Association’ incorporated under the Hospitals and Charities Act 1890. The Trust A housing trust’s modernisation requires Court approval

Read Article

April 18, 2024

Draft Regulations for NPO Self-Review Assessment Return Released

We have previously written in bulletins about the forthcoming self-assessment tax review for non-profit profit organisations which have an Australian Business Number (ABN) but are not registered as charities with the ACNC – Be alert to being alarmed on viewing your club or society annual report this year and self-assessment by tax-exempt. The background is Draft Regulations for NPO Self-Review Assessment Return Released

Read Article

March 13, 2024

Last of the loopholes? Let’s hope so!

Background All Australian employers will be acutely aware that the Federal government has, since the last election, embarked on a fairly aggressive program of targeted changes to the nation’s industrial relations laws. So far, we’ve had changes aimed at supporting Australia’s jobs and economic recovery[1], gained more respect at work[2], we’ve secured our jobs and Last of the loopholes? Let’s hope so!

Read Article