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“.

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