Gambling (Definition of Remote Interactive Gambling) Amendment Bill
Gambling (Definition of Remote Interactive Gambling) Amendment Bill
Gambling (Definition of Remote Interactive Gambling) Amendment Bill
Gambling (Definition of Remote Interactive Gambling) Amendment Bill
Government Bill
74—1
Explanatory note
General policy statement
This Bill amends the Gambling Act 2003 (the Act) to make permanent the temporary provision currently in section 4A that exempts class 3 gambling in the form of a lottery from the prohibition on remote interactive gambling in section 9. This will enable class 3 gambling that is in the form of a lottery to be conducted remotely. This change will, for example, allow operators to receive payments through phone or internet banking.
The Act was amended on 16 May 2020 to add a temporary modification of the definition of remote interactive gambling during a specified period (on and after 16 May 2020 and until the close of 31 October 2021) to enable specified class 3 operators to conduct their lotteries remotely in response to the COVID-19 pandemic. The specified operators were Countdown Kids Charitable Trust, the National Heart Foundation of New Zealand, and the Royal New Zealand Coastguard Incorporated.
The modification was reinstated from 21 December 2021 until the close of 31 October 2024 by the Gambling (Reinstating COVID-19 Modification) Amendment Act 2021. It temporarily expanded the operation of the exemption for the 3 specified class 3 operators to permit any licensed class 3 operators to conduct a lottery despite the prohibition on remote interactive gambling.
The context in which class 3 operators are conducting lotteries has changed since the enactment of the Act. As advertising and financial transactions are now predominantly digital, the fundraising ability of class 3 operators would be limited without advertising and digital transactions.
The purpose of the Act includes ensuring that money from gambling benefits the community. The amendment made by this Bill allows licensed class 3 operators to continue raising money for charitable and non-commercial purposes through the sale of lottery tickets by remote means such as phone or internet.
This Bill excludes class 3 gambling in the form of a lottery from the definition of remote interactive gambling. This permanently excludes this form of gambling from the prohibition on remote interactive gambling in section 9.
Departmental disclosure statement
The Department of Internal Affairs is required to prepare a disclosure statement to assist with the scrutiny of this Bill. The disclosure statement provides access to information about the policy development of the Bill and identifies any significant or unusual legislative features of the Bill.
A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?type=bill&subtype=government&year=2024&no=74.
Regulatory impact statement
A regulatory impact statement is not required for this Bill.
Clause by clause analysis
Clause 1 is the Title clause.
Clause 2 is the commencement clause. It provides that the Bill comes into force on the later of 1 November 2024 and the day after Royal assent or, if the date of the day after Royal assent is 1 November 2024, on that date.
Clause 3 provides that the Bill amends the Gambling Act 2003 (the principal Act).
Clause 4 amends section 4 of the principal Act to exclude, from the definition of remote interactive gambling, class 3 gambling in the form of a lottery conducted by any gambling operator that holds a class 3 operator’s licence that allows the gambling operator to conduct a lottery. Section 9 of the principal Act provides that remote interactive gambling is prohibited and illegal and is not authorised by, and may not be authorised under, the principal Act. Therefore, the effect of clause 4 is to permanently legalise class 3 gambling in the form of a lottery conducted by any gambling operator that holds a class 3 operator’s licence that allows the gambling operator to conduct a lottery.
Hon Brooke van Velden
Gambling (Definition of Remote Interactive Gambling) Amendment Bill
Government Bill
74—1
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Gambling (Definition of Remote Interactive Gambling) Amendment Act 2024.
2 Commencement
(1)
This Act comes into force on the later of the following:
(a)
1 November 2024:
(b)
the day after Royal assent.
(2)
However, if the date of the day after Royal assent is 1 November 2024, this Act comes into force on that date.
3 Principal Act
This Act amends the Gambling Act 2003.
4 Section 4 amended (Interpretation)
In section 4(1), definition of remote interactive gambling, after paragraph (b)(iv), insert:
(v)
class 3 gambling in the form of a lottery conducted by any gambling operator that holds a class 3 operator’s licence that allows the gambling operator to conduct a lottery