Page 4526 - Week 12 - Thursday, 15 October 2009
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jurisdictions and provides certainty for operators, players and regulators in relation to particular games.
The commission’s review also recommended that public gaming tournaments outside of the casino continue to be prohibited for both regulatory and social policy reasons. While poker tournaments are available in other states, concerns continue to be raised in other jurisdictions over gaming integrity issues, claimed increases in problem gambling and increased availability generally of gambling in the community as a result of these tournaments. The bill therefore provides for the continuation of the current prohibition on public gaming tournaments, such as poker tournaments, from being conducted outside of the casino.
I am aware that some members of the community consider poker tournaments in clubs and hotels as a harmless recreational activity. These people will be disappointed that while it is allowed in New South Wales, it will still not be lawful in the territory. This is an issue that the government has considered at some length, and the government agrees with the commission that the risks associated with introducing this form of gambling into the territory outweigh the possible benefits. A key consideration has been that introducing these tournaments into the ACT, even the lower risk no-fee, no-prize tournaments, has the potential to increase the level of problem gambling in the community, either directly or indirectly.
The government recognises that private gaming, such as playing a game of 21 at home with friends, is generally accepted within the community, and the bill now makes this sort of activity lawful. Under current legislation the playing of a game of cards for money in the privacy of your own home is actually illegal. The government considers that it would be naive to deny that private and social gaming is currently being undertaken in the community. It would also be unrealistic to assume that a stronger prohibition would prevent its occurrence in the future.
The government agreed with the commission that the best solution is to acknowledge the inevitable existence of private and social gaming, but have sufficient restrictions or requirements to ensure that commercial gambling is not operated under the guise of “private” gaming. This bill achieves this balance.
The bill also provides for charities to hold fundraising events involving approved games. The government is aware that this is already informally happening in the community without any oversight or controls. It is also noted that charitable gaming is permitted and regulated in a number of other jurisdictions.
The government agrees with the commission’s recommendation that with appropriate restrictions this should be allowed to occur in the ACT. The bill will allow charities to apply for approval to conduct games for fundraising purposes. Charities will only be able to hold two events per year to ensure that these events do not become too frequent or a regular occurrence.
In addition, the bill prohibits charities from holding these events in an existing licensed gambling venue. This is to ensure that licensed gambling venues such as the clubs or the casino do not use charitable gaming as a mechanism to entice new customers into the venue for further gambling after the charitable event.
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