Australian Capital Territory Numbered Regulations

GAMBLING AND RACING CONTROL (CODE OF PRACTICE) AMENDMENT REGULATION 2014 (NO 1) (NO 17 OF 2014) - REG 15

substitute

1.13     Deeds of exclusion

    (1)     A person claiming to have a gambling problem (the gambler ) may sign a deed (a deed of exclusion ) under which the person can be excluded from gambling at the gambling facility or facilities stated in the deed.

Note     If a form is approved under the Act

, s 53D for this provision, the form must be used.

    (2)     The deed must state—

        (a)     the name of each gambling facility (the nominated facility ) from which the gambler wishes to be excluded from gambling; and

        (b)     the period for which the gambler is to be excluded from the nominated facility (the exclusion period ); and

        (c)     that in the exclusion period the licensee of the nominated facility may—

              (i)     remove the gambler from, or prevent the gambler from entering, the gaming area or gambling facility; or

              (ii)     otherwise exclude the gambler from participating in gambling activities at the facility.

Example—subpar (ii)

The XYZ Sports Club has a gaming area, bistro area and other facilities for use by its members. Kenny has entered into a deed of exclusion under which he agrees to be excluded from gambling at the gambling facility. The licensee of the gambling facility allows Kenny to enter the facility to use the bistro but does not allow Kenny to enter the gaming area.

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (3)     For subsection (2) (b), the exclusion period must be at least 6 months, but not longer than 3 years.

    (4)     If the gambler wants the deed to apply to the gambler, then the gambler must give the signed deed to 1 of the following (the  receiver ):

        (a)     the licensee of a facility stated in the deed;

        (b)     the commission;

        (c)     someone else approved by the commission.

    (5)     If the receiver is given a signed deed under subsection (4), the receiver must—

        (a)     immediately sign the deed; or

        (b)     if the deed is incomplete—

              (i)     ask the gambler, not more than 1 day after receiving the signed deed, to do whatever is necessary to complete the deed; and

              (ii)     sign the deed immediately after the gambler completes the deed.

    (6)     The receiver must, not more than 3 consecutive trading days after receiving the completed signed deed—

        (a)     give a copy of the signed deed to the gambler; and

        (b)     include the matters mentioned in section 20 (3) (Exclusion register) on the exclusion register; and

        (c)     tell each of the following that the matters mentioned in section 20 (3) have been included on the exclusion register:

              (i)     the licensee of each facility mentioned in the deed;

              (ii)     if the receiver is not the commission—the commission.

1.13A     Deeds of exclusion—revocation

    (1)     This section applies if a person has signed a deed of exclusion under section 1.13.

    (2)     The person may revoke the person's deed of exclusion before the end of the exclusion period.

Note     If a form is approved under the Act

, s 53D for this provision, the form must be used.

    (3)     The exclusion period ends on the first business day 7 days after the day the commission receives written notice from the person of the revocation, unless the person withdraws the revocation before that day.

    (4)     In this section:

"exclusion period"—see section 1.13 (2) (b).