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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Victorian Responsible Gambling Foundation Bill
2011
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
3 Definitions 2
PART 2--VICTORIAN RESPONSIBLE GAMBLING
FOUNDATION 3
Division 1--The Foundation 3
4 Victorian Responsible Gambling Foundation 3
5 Objectives of the Foundation 3
6 Functions of the Foundation 4
7 Powers of the Foundation 5
Division 2--The Board 5
8 Board of the Foundation 5
9 Membership of the Board 6
10 Appointed members 6
11 Terms and conditions of office 6
12 Removal and resignation of Board members 7
13 Membership of the Board not office of profit 7
14 Chairperson and deputy chairperson 8
15 Procedure of Board 8
16 Effect of vacancy or defect 9
Division 3--Chief Executive Officer 9
17 Chief executive officer 9
18 Terms of appointment of the chief executive officer 9
Division 4--Responsible Gambling Fund 10
19 Responsible Gambling Fund 10
20 Payments into the Responsible Gambling Fund 10
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Clause Page
Division 5--General 10
21 Staff of Foundation 10
22 Delegation 10
23 Minister may give directions to Foundation 10
24 Annual business plan 11
PART 3--CONSEQUENTIAL AMENDMENTS TO THE
GAMBLING REGULATION ACT 2003 AND REPEAL 13
25 Consequential amendments--Gambling Regulation Act 2003 13
26 Repeal of Part 3 13
ENDNOTES 14
571088B.I-11/10/2011 ii BILL LA INTRODUCTION 11/10/2011
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Victorian Responsible Gambling
Foundation Bill 2011
A Bill for an Act to establish the Victorian Responsible Gambling
Foundation, to amend the Gambling Regulation Act 2003 and for
other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to establish the Victorian Responsible
5 Gambling Foundation; and
(b) to make consequential amendments to the
Gambling Regulation Act 2003.
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Victorian Responsible Gambling Foundation Bill 2011
Part 1--Preliminary
s. 2
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act has not come into
5 operation before 1 December 2012, it comes into
operation on that day.
3 Definitions
In this Act--
appointed member, of the Board, means a
10 member of the Board appointed under
section 10;
Board means the Board of the Foundation
established under section 8;
elected member, of the Board, means a member of
15 the Board elected under section 9(2);
Foundation means the Victorian Responsible
Gambling Foundation established under
section 4;
Responsible Gambling Fund means the
20 Responsible Gambling Fund established
under section 19.
__________________
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Victorian Responsible Gambling Foundation Bill 2011
Part 2--Victorian Responsible Gambling Foundation
s. 4
PART 2--VICTORIAN RESPONSIBLE GAMBLING
FOUNDATION
Division 1--The Foundation
4 Victorian Responsible Gambling Foundation
5 (1) There is established a body corporate called the
Victorian Responsible Gambling Foundation.
(2) The Foundation--
(a) has perpetual succession;
(b) is capable of acquiring, holding and
10 disposing of property;
(c) may sue and be sued in its corporate name;
(d) has a common seal;
(e) may be a member of a company;
(f) subject to this Act, may do and suffer all acts
15 and things that a body corporate may by law
do and suffer.
(3) The common seal of the Foundation must be kept
as directed by the Foundation and must not be
used except as authorised by the Foundation.
20 (4) All courts must take judicial notice of the seal of
the Foundation on a document and, until the
contrary is proved, must presume that the seal was
properly affixed.
5 Objectives of the Foundation
25 The objectives of the Foundation are--
(a) to reduce the prevalence of problem
gambling and the severity of harm related to
gambling; and
(b) to foster responsible gambling.
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Part 2--Victorian Responsible Gambling Foundation
s. 6
6 Functions of the Foundation
(1) The Foundation has the following functions for
the purposes of achieving its objectives--
(a) to undertake preventative and other activities
5 to address determinants of problem
gambling;
(b) to conduct education and information
programs--
(i) to promote responsible gambling
10 behaviours; and
(ii) to increase community awareness of the
risks associated with gambling; and
(iii) to encourage people to seek help in
relation to problem gambling;
15 (c) to provide treatment, counselling services
and intervention services in relation to
problem gambling;
(d) to provide information and advice in relation
to--
20 (i) issue or grant of licences, permits,
approvals, authorisations, registration
or allocations under gambling
legislation; and
(ii) regulation of gambling under gambling
25 legislation;
(e) to provide information to enable persons to
make submissions to and participate in
inquiries and public consultations relating to
gambling;
30 (f) to undertake research and evaluation
activities related to its functions and
objectives.
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Part 2--Victorian Responsible Gambling Foundation
s. 7
(2) In this section--
gambling legislation means--
(a) the Gambling Regulation Act 2003;
(b) the Casino Control Act 1991;
5 (c) the Casino (Management Agreement)
Act 1993;
(d) regulations made under an Act referred
to in paragraph (a), (b) or (c).
7 Powers of the Foundation
10 (1) The Foundation has the power to do all things that
are necessary or convenient to enable it to carry
out its functions and achieve its objectives.
(2) Without limiting subsection (1), the Foundation
may--
15 (a) enter into agreements or arrangements,
including contracts for procurement or
commissioning of services, for the purposes
of carrying out its functions and achieving its
objectives;
20 (b) make grants of money to any person to do
things relating to its functions and to further
its objectives.
Division 2--The Board
8 Board of the Foundation
25 (1) There is established a Board of the Foundation.
(2) The Board is responsible for--
(a) determining the Foundation's strategic
direction; and
(b) ensuring that the Foundation achieves its
30 objectives and carries out its functions.
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Part 2--Victorian Responsible Gambling Foundation
s. 9
9 Membership of the Board
(1) The Board consists of at least 7 but not more than
11 members being--
(a) 3 elected members; and
5 (b) at least 4 but not more than 8 appointed
members.
(2) The elected members are members of the
Legislative Assembly or the Legislative Council,
elected by the Legislative Assembly and the
10 Legislative Council jointly.
(3) The appointed members are persons appointed by
the Governor in Council under section 10.
10 Appointed members
(1) The Governor in Council, on the recommendation
15 of the Minister, may appoint a person as a
member of the Board.
(2) The Minister may recommend a person for
appointment under subsection (1) if the Minister
considers that the person has the skills, experience
20 and knowledge to assist the Board in carrying out
its functions.
11 Terms and conditions of office
(1) An elected member holds office until the earlier of
the following--
25 (a) 4 years after the member's election to the
Board; or
(b) a House of Parliament is prorogued or the
Legislative Assembly is dissolved.
(2) An appointed member holds office for the period,
30 not exceeding 4 years, and on the terms and
conditions (including remuneration and
allowances) specified in his or her instrument of
appointment.
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Part 2--Victorian Responsible Gambling Foundation
s. 12
(3) A member is eligible for re-election or re-
appointment at the end of the member's term of
office.
(4) The Public Administration Act 2004 (other than
5 Part 3 of that Act) applies to a member of the
Board in respect of his or her election or
appointment.
12 Removal and resignation of Board members
(1) The Governor in Council may remove a member
10 from office.
(2) A member may resign office by writing signed by
him or her and delivered to the Governor in
Council.
13 Membership of the Board not office of profit
15 An elected member of the Board is not to be taken
to hold an office or place of profit under the
Crown which would--
(a) prevent the member sitting or voting as a
member of the Legislative Council or
20 Legislative Assembly; or
(b) make void the member's election to the
Legislative Council or the Legislative
Assembly; or
(c) prevent the member continuing to be a
25 member of the Legislative Council or the
Legislative Assembly; or
(d) subject the member of the Legislative
Council or the Legislative Assembly to
liability to a penalty under the Constitution
30 Act 1975.
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Part 2--Victorian Responsible Gambling Foundation
s. 14
14 Chairperson and deputy chairperson
(1) The Governor in Council, on the recommendation
of the Minister, must appoint--
(a) one appointed member to be the chairperson
5 of the Board; and
(b) one appointed member to be the deputy
chairperson of the Board.
(2) A person appointed as chairperson or deputy
chairperson of the Board holds that office for the
10 period, not exceeding 4 years, specified in his or
her instrument of appointment.
(3) A person appointed as chairperson or deputy
chairperson is eligible for reappointment.
(4) A person appointed as chairperson or deputy
15 chairperson of the Board ceases to hold that office
on ceasing to be a member of the Board.
15 Procedure of Board
(1) The chairperson of the Board must preside at a
meeting of the Board at which the chairperson is
20 present.
(2) If the chairperson of the Board is not present, the
deputy chairperson must preside.
(3) The person presiding has a deliberative vote and a
second or casting vote.
25 (4) A majority of the members of the Board currently
holding office constitutes a quorum.
(5) Subject to this Act, the Board may regulate its
own proceedings.
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Part 2--Victorian Responsible Gambling Foundation
s. 16
16 Effect of vacancy or defect
An act or decision of the Board is not invalid
merely because of--
(a) a vacancy in the membership of the Board;
5 or
(b) a defect or irregularity in, or in connection
with, the election or appointment of a
member.
Division 3--Chief Executive Officer
10 17 Chief executive officer
(1) There is to be a chief executive officer of the
Foundation, appointed by the Governor in Council
on the recommendation of the Minister.
(2) The chief executive officer is responsible to the
15 Board for the day-to-day management and
administration of the affairs of the Foundation.
(3) Before making a recommendation under
subsection (1), the Minister must seek the advice
of the Foundation.
20 18 Terms of appointment of the chief executive officer
(1) The chief executive officer is appointed subject to
the terms and conditions (including remuneration
and allowances) set out in the instrument of
appointment.
25 (2) The Governor in Council may remove the chief
executive officer from office.
(3) The chief executive officer may resign office by
writing signed by him or her and delivered to the
Governor in Council.
30 (4) The Public Administration Act 2004 (other than
Part 3 of that Act) applies to the chief executive
officer in respect of his or her appointment.
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Victorian Responsible Gambling Foundation Bill 2011
Part 2--Victorian Responsible Gambling Foundation
s. 19
Division 4--Responsible Gambling Fund
19 Responsible Gambling Fund
(1) There is established an account in the Public
Account as part of the Trust Fund known as the
5 Responsible Gambling Fund.
(2) The Responsible Gambling Fund is to be
administered by the Foundation.
20 Payments into the Responsible Gambling Fund
There is to be credited to the Responsible
10 Gambling Fund all money required or authorised
to be paid into the Fund by this Act, the
Gambling Regulation Act 2003 or any other Act.
Division 5--General
21 Staff of Foundation
15 Any staff that are necessary to assist the
Foundation to perform its functions are to be
employed under Part 3 of the Public
Administration Act 2004.
22 Delegation
20 (1) The Foundation, by instrument, may delegate to
the chairperson, a member of the Board, the chief
executive officer or a member of staff any of the
Foundation's functions, powers or duties under
this Act other than this power of delegation.
25 (2) The chief executive officer, by instrument, may
delegate to a member of staff of the Foundation
any of the chief executive officer's powers,
functions or duties under section 17(2).
23 Minister may give directions to Foundation
30 (1) The Minister may give to the Foundation written
directions relating to the objectives and functions
of the Foundation.
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Part 2--Victorian Responsible Gambling Foundation
s. 24
(2) The Foundation must comply with a written
direction of the Minister.
(3) The Minister must cause a direction given under
this section to be published in the Government
5 Gazette as soon as practicable after it is given.
24 Annual business plan
(1) Each year the Foundation must develop, in
consultation with the Minister, a business plan for
the next financial year.
10 (2) The business plan must include the following--
(a) the Foundation's budget for the next financial
year;
(b) what the Foundation intends to do over the
next financial year;
15 (c) the Foundation's objectives and priorities for
the next 4 financial years;
(d) financial projections for the Foundation for
the next 4 financial years;
(e) any other matters that the Minister requires
20 in writing.
(3) The Board must approve a business plan
developed under subsection (1) by 30 September
in the financial year to which the plan relates.
(4) The Foundation must consult with the Minister
25 before departing significantly from the business
plan approved by the Board for the current
financial year (the approved business plan).
(5) The Foundation must have regard to its approved
business plan in carrying out its functions.
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Part 2--Victorian Responsible Gambling Foundation
s. 24
(6) The Foundation must ensure that a copy of its
approved business plan is published on the
Internet within a reasonable time after its approval
by the Board.
__________________
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Victorian Responsible Gambling Foundation Bill 2011
Part 3--Consequential Amendments to the Gambling Regulation Act 2003
s. 25
and Repeal
PART 3--CONSEQUENTIAL AMENDMENTS TO THE
GAMBLING REGULATION ACT 2003 AND REPEAL
25 Consequential amendments--Gambling Regulation See:
Act 2003 Act No.
114 of 2003.
5 (1) In section 10.3.3(a) of the Gambling Regulation Reprint No. 4
as at
Act 2003-- 1 January
2011
(a) for "either or both" substitute "any or all"; and
amending
(b) after subparagraph (ii) insert-- Act No.
29/2011.
"(iii) for payment of amounts into the LawToday:
www.
10 Responsible Gambling Fund;". legislation.
vic.gov.au
(2) At the end of section 10.3.3 of the Gambling
Regulation Act 2003 insert--
"(2) In this section, Responsible Gambling Fund
means the Responsible Gambling Fund
15 established under the Victorian Responsible
Gambling Foundation Act 2011.".
26 Repeal of Part 3
This Part is repealed on 1 December 2013.
Note
20 The repeal of this Part does not affect the operation of the
amendments made by it (see section 15(1) of the Interpretation of
Legislation Act 1984).
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Victorian Responsible Gambling Foundation Bill 2011
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
571088B.I-11/10/2011 14 BILL LA INTRODUCTION 11/10/2011
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