Casino Control Act 2006 · 2020 Revised Edition · Part 10 · National Council on Problem Gambling
166. Applications to vary or revoke exclusion orders and visit limits
Feedback & supportLast amended by an amending law of 2024. 2 amendments in all.
The Council may confirm, vary or revoke —
Council
“Council” means the National Council on Problem Gambling established under section 154;
a family exclusion order or a family visit limit on an application by —
a family member for whose benefit the family exclusion order or family visit limit was made; or
the respondent; or
a third party exclusion order or a third party visit limit on an application by the respondent.
An application for variation or revocation of an order or a visit limit under subsection (1) may be made by the respondent only with the permission of the Council and permission is only to be granted if the Council is satisfied that there has been a substantial change in the relevant circumstances since the order or visit limit was made or last varied.
respondent
“respondent” means a person against whom a family exclusion order, family visit limit, third party exclusion order or third party visit limit is sought or made;
On an application under subsection (1) in respect of a family exclusion order or a family visit limit (and in the case of an application by the respondent, where the application is permitted under subsection (2) to be made), the Council may do any of the following:
family exclusion order
“family exclusion order” means a family exclusion order made under section 162(1), and includes —(a)a family exclusion order made under section 162(1) read with section 165C(1), in the respondent’s absence; and(b)a family exclusion order made in substitution of a family visit limit under section 166A(2)(b);
confirm the order or visit limit;
vary the terms of the order or visit limit;
revoke the order or visit limit; (d)make a substitution under section 166A(2)(a) or (b), as the case may be.
On an application under subsection (1) in respect of a third party exclusion order or a third party visit limit (and where the application is permitted under subsection (2) to be made), the Council may do any of the following:
third party exclusion order
“third party exclusion order” means an exclusion order made under section 165(1), and includes —(a)a third party exclusion order made under section 165(1) read with section 165C(1), in the respondent’s absence; and(b)a third party exclusion order made in substitution of a third party visit limit under section 166A(2)(d);
confirm the order or visit limit;
vary the terms of the order or visit limit;
revoke the order or visit limit; (d)make a substitution under section 166A(2)(c) or (d), as the case may be.
For the purposes of determining whether there has been a substantial change in the relevant circumstances, the Council may —
require the respondent to undergo an assessment of harm caused by gambling, including a clinical assessment if necessary, by a suitably qualified person appointed by the Council for this purpose;
require any person to furnish such information or produce such document or record in the possession or under the control of that person as the Council considers relevant to its determination; and
inspect, keep or make copies of such document or record.
Before confirming, varying, revoking or substituting an order or a visit limit under this section or section 166A, the Council must —
in all cases — allow the respondent a reasonable opportunity to make representations on the matter; and
in the case of a family exclusion order or a family visit limit — allow a family member for whose benefit the order or visit limit was made a reasonable opportunity to make representations on the matter.
The decision of the Council under subsection (2A) or (2B), on an application under subsection (1), is final.
To avoid doubt, subsection (5) does not prevent another application under subsection (1) from being made in respect of an order or visit limit (or prevent the Council from permitting under subsection (2) such an application to be made), after the Council has made a decision under subsection (2A) or (2B) in respect of the same order or visit limit.