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Gambling Regulation Amendment
(Licensing) Bill 2008
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purpose of the Bill. The purpose of the Bill is to
amend the Gambling Regulation Act 2003 to--
· create a wagering and betting licence authorising the
conduct of wagering on horse racing, harness racing and
greyhound racing and the conduct of approved betting
competitions;
· create a keno licence authorising the conduct of keno
games;
· permit the extension of a gaming operator's licence;
· provide for the appointment of additional Deputy
Chairpersons and commissioners to the Victorian
Commission for Gambling Regulation.
Clause 2 provides for the provisions of the Bill (except Part 3) to come
into operation on the day after the day on which it receives Royal
Assent. Part 3 of the Bill introduces requirements relating to
Responsible Gambling Codes of Conduct. The operation of
Part 3 is dependent on the amendments made by section 49 of the
Gambling Legislation Amendment (Problem Gambling and
Other Measures) Act 2007 coming into operation.
Part 3 is to come into operation on the later of--
· the day after the day on which this Act receives the
Royal Assent;
561186 1 BILL LA INTRODUCTION 16/4/2008
· the day on which section 49 of the Gambling
Legislation Amendment (Problem Gambling and
Other Measures) Act 2007 comes into operation.
Clause 3 provides that, in this Bill, the Gambling Regulation Act 2003 is
called "the Principal Act".
PART 2--LICENSING AMENDMENTS
Clause 4 inserts the following definitions into section 1.3(1) of the
Principal Act: keno game, keno licence, keno licensee, keno
system, Racing Victoria, Secretary, wagering and betting
licence and wagering and betting licensee and amends the
definition of key operative in section 1.3(1) of the Principal Act
to include references to the wagering and betting licensee and the
keno licensee.
Clause 5 inserts new subsections (2) to (4) into section 3.4.32 of the
Principal Act. Section 3.4.32 provides for the duration of the
gaming operator's licence issued under Chapter 3 of the Principal
Act. These new subsections allow for the Minister to extend the
term of the gaming operator's licence for a period not exceeding
5 months from the day it would otherwise expire. A licence may
be extended only once.
Clause 6 amends a number of provisions in Chapter 4 of the Principal Act.
Clause 6(1) inserts a new paragraph (ia) into section 4.1.1(a) of
the Principal Act to include a reference to the issuing of a
wagering and betting licence.
Clause 6(2) substitutes "sections 4.6.1(1) and 4.6.4(1)" for
"sections 4.6.1 and 4.6.4" in section 4.1.3(2) of the Principal Act.
Clause 6(3) inserts new subsections (4) and (5) into section 4.1.3
of the Principal Act. Section 4.1.3 of the Principal Act provides
for the Treasurer to grant to the current wagering licensee an
exemption for a totalisator conducted by the licensee in certain
circumstances. New subsection (4) allows for the Treasurer to
grant a similar exemption to the new wagering and betting
licensee. New subsection (5) provides that the Treasurer, may,
subject to any conditions determined by the Treasurer, declare
that specified amounts, or amounts of a specified class, invested
in a totalisator are deemed not to form part of the total amount
invested in that totalisator.
Clause 6(4) inserts references to "the wagering and betting
licensee" in sections 4.2.1(3), 4.2.3 and 4.2.4(1) of the Principal
Act.
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Clause 6(5) inserts a new subsection (1A) into section 4.2.5 of
the Principal Act. Section 4.2.5 provides that the current
wagering licensee must make betting rules in relation to certain
activities. New subsection (1A) provides a similar obligation for
the new wagering and betting licensee.
Clauses 6(6) and 6(7) make a number of consequential
amendments to section 4.2.5 of the Principal Act.
Clause 6(8) inserts references to the wagering and betting
licensee in section 4.2.6 of the Principal Act.
Clause 7 inserts a new section 4.3.4A after section 4.3.4 in the Principal
Act. New section 4.3.4A provides that Part 3 of Chapter 4 of
Principal Act, which provides for the current wagering licence
and gaming licence, applies only with respect to the wagering
licence and gaming licence that were issued on 15 August 1994
and does not authorise the grant of any further wagering licence
or gaming licence. However, this does not prevent the
appointment of a temporary licensee under section 4.3.33 of the
Principal Act if those licences are cancelled.
Clause 8 substitutes a reference to "a wagering and betting licence under
Part 3A" for "another licence under this Part" in section 4.3.33(3)
of the Principal Act.
Clause 9 inserts a new Part 3A in Chapter 4 of the Principal Act. New
Part 3A sets out the provisions applying to the new wagering and
betting licence.
New Division 1 of Part 3A provides for the authority and number
of wagering and betting licences.
New section 4.3A.1 provides that a wagering and betting licence
authorises the wagering and betting licensee to conduct, subject
to the Principal Act, the regulations made under that Act, the
Racing Act 1958 and any conditions to which the licence is
subject, wagering and approved betting competitions.
New section 4.3A.2 provides that Chapter 3A of the Principal
Act does not authorise the operation at the same time of more
than one wagering and betting licence.
New Division 2 of Part 3A sets out the licensing procedure for
the wagering and betting licence.
New section 4.3A.3 sets out the procedure applying to the
registration of interest in the grant of a wagering and betting
licence. The Minister, by notice published in the Government
Gazette, may call for registrations of interest in the grant of a
wagering and betting licence. Subsection (2) sets out the matters
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that the Minister's notice must specify, including the procedure
for registering an interest, the information to be provided by a
registrant, the matters on which the Secretary will report to the
Minister and any other matters the Minister considers relevant to
the registration. Subsection (3) sets out the persons who may
register an interest in the granting of a wagering and betting
licence. To register an interest, a person must have a physical
place of business in Victoria and not be a natural person or a
prohibited person. Subsection (7) defines prohibited person for
the purposes of this section.
The Minister must consider each registration of interest and, if
the registration satisfies the requirements, the Minister must refer
the registration of interest to the Secretary for a report under
section 4.3A.4. If a registrant fails to satisfy a requirement, the
Minister may refuse to consider, or consider further, the
registration of interest or to refer it to the Secretary. After
consideration of the Secretary's report under section 4.3A.4 and
any other matters that the Minister considers relevant, the
Minister may either invite one or more registrants to apply for a
wagering and betting licence, if the Minister is of the opinion that
an invitation is in the public interest, or may decide not to invite
any of the registrants to apply for a wagering and betting licence.
New section 4.3A.4 provides that the Secretary must give a
written report to the Minister on the matters specified under
section 4.3A.3(2)(c) in relation to each registration of interest
referred to the Secretary by the Minister.
New section 4.3A.5 sets out the procedure for an application for a
wagering and betting licence. A person who has been invited by
the Minister under section 4.3A.3 to apply for a wagering and
betting licence may apply to the Minister for the licence.
Subsection (2) provides for the form of the licence application
and the procedural requirements for lodging an application.
The Minister may also require an applicant to provide any further
information to the Minister in connection with the application
and the Minister must refer each licence application to the
Secretary for a report under section 4.3A.6. If a requirement
made by this section is not complied with, the Minister may
refuse to consider the application or to refer it to the Secretary.
New section 4.3A.6 provides for the matters that the Secretary's
report to the Minister must include. Subsection (1) provides that
the Secretary must give a written report to the Minister on each
licence application stating whether or not, in the Secretary's
opinion the matters of which the Minister must be satisfied to
grant the licence application have been made out. The report
must contain any other information required by the Minister.
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The Secretary's report may include any recommendations the
Secretary thinks fit, including recommendations as to any
appropriate licence conditions and the report must include the
reasons for any findings or recommendations contained in it.
New section 4.3A.7 provides that the Minister is to determine
whether to grant or refuse a licence application after receiving the
report of the Secretary under section 4.3A.6. The Minister may
grant a licence application only if he or she is satisfied that the
granting of the application is in the public interest, taking into
account each of the matters specified in subsection (2)(a)(i)
to (x). The Minister must also be satisfied as to the matters set
out in subsection (2)(b) and (c) relating to certain arrangements
with VicRacing and Racing Products. In determining whether to
grant or refuse a licence application, the Minister is entitled to
rely on any findings or recommendations contained in the report
of the Secretary under section 4.3A.6. If the Minister refuses a
licence application, he or she must give written notice to the
applicant.
New section 4.3A.8 provides that, if the Minister grants a licence
application, he or she must issue a wagering and betting licence
to the applicant. A wagering and betting licence cannot be issued
that has effect, otherwise than as provided by section 4.3A.12, at
any time while the wagering licence and the gaming licence are
in effect under Part 3 of Chapter 4 of the Principal Act.
However, this does not prevent a wagering and betting licence
taking effect at any time while the appointment of a temporary
licensee is in effect under section 4.3.33.
New section 4.3A.9 provides that the Minister may impose any
conditions he or she thinks fit on a wagering and betting licence,
including conditions referred to in any other provision of this
Chapter and conditions that leave any matter or thing to be from
time to time determined, applied, dispensed with or regulated by
the Commission or the Minister.
New section 4.3A.10 provides that the Minister may refuse to
issue a wagering and betting licence unless the applicant or any
other person requested by the Minister (or both) enters into one
or more agreements with the Minister dealing with matters
related to the licence.
New section 4.3A.11 sets out the duration of the wagering and
betting licence. The licence takes effect at the time of issue or at
the later time specified in the licence and is valid for 12 years,
unless terminated earlier in accordance with this Part or extended
under this section. Subsections (2) to (4) provide for the
extension of the licence term in certain circumstances.
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A wagering and betting licence may be extended under this
section more than once, but the total cumulative period for which
a licence may be extended under this section cannot exceed
2 years from the day the licence would otherwise expire.
Subsection (5) provides that a wagering and betting licence
cannot be renewed, but a person who holds or has held a
wagering and betting licence may apply for a subsequent
wagering and betting licence, if invited by the Minister to do so.
New section 4.3A.12 provides that the wagering and betting
licence may authorise the wagering and betting licensee to take
preparatory action from a time specified in the licence (which
may be the time of issue) even though the licence has not taken
effect. Subsection (6) provides that determination of the term of
the licence under section 4.3A.11(1)(b) is not to include a period
of preparatory action authorised under section 4.3A.12.
Subsection (7) defines preparatory action for the purposes of this
section. This section applies to a wagering and betting licence if
the licence takes effect at a time specified in the licence that is
later than the time of issue of the licence. Any time specified
from which preparatory action may be taken must not be more
than 18 months before the time the licence takes effect.
New section 4.3A.13 provides that the Minister may require the
wagering and betting licensee to pay, as consideration for a
wagering and betting licence, one or more amounts determined
by the Minister as the premium payment. The Minister may
determine whether the premium payment is to be a single amount
payable on the issue of the licence or at a later time, or an annual
amount payable for the duration of the licence. The premium
payment is a tax.
New section 4.3A.14 sets out the procedure for the publication
of, and tabling in Parliament of, the wagering and betting licence.
The Minister must publish a notice in the Government Gazette of
the issue of the licence and the making of any related agreement
under section 4.3A.10. The Minister must give a copy of the
licence and any related agreement to the Victorian Commission
for Gambling Regulation ("the Commission") and must table the
licence and any related agreement in Parliament within 7 sitting
days after the licence is issued or the agreement is made (as the
case may be). The Commission must publish a copy of the
licence and any related agreements on its website. However, the
publication and tabling requirements set out in this section are
subject to the Minister's power to exclude information from the
copy of the licence or agreement to be published or tabled if the
Minister is of the opinion that the information relates to matters
of a business, commercial or financial nature the disclosure of
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which would be likely to expose any person unreasonably to
disadvantage.
New section 4.3A.15 provides that a wagering and betting licence
may authorise the wagering and betting licensee to engage a
person on contract, or to appoint an agent, to assist in the
conduct of wagering and betting authorised by the licence.
The engagement of a person, or appointment of an agent by the
licensee does not affect any function or obligation of the licensee
under a gaming Act or gaming regulations.
New Division 3 of Part 3A sets out the provisions for the transfer
of the wagering and betting licence.
New section 4.3A.16 provides that a wagering and betting licence
is not transferable to any other person except in accordance with
Division 3.
New section 4.3A.17 sets out the procedure for a wagering and
betting licensee to apply to the Minister to transfer the licence to
another person (the transferee). An application must be in the
form, contain the information and be accompanied by the
documents required by the Minister and must be accompanied by
the prescribed fee (if any). If a fee has not been prescribed by the
regulations, then the Minister may determine an amount to be
paid by the licensee in respect of the application, being an
amount not exceeding the reasonable costs of the Minister and
the Department administered by the Minister in considering the
application. Subsections (4) and (5) provide further for the
payment of those costs. Subsection (6) provides that the Minister
may refer the application to the Commission for a report under
section 4.3A.19.
New section 4.3A.18 provides that, on an application under
section 4.3A.17, the Minister may transfer the wagering and
betting licence to the transferee if the Minister is satisfied of the
matters specified in subsections (2), (3), (4) and (5).
Subsection (2) provides that the Minister must be satisfied that
the transferee is a wholly-owned subsidiary of the wagering and
betting licensee or the transferee and the wagering and betting
licensee are both wholly-owned subsidiaries of a third company;
that the transferee has a physical place of business in Victoria;
and that the transferee is not a prohibited person within the
meaning of section 4.3A.3. Subsection (3) provides that the
Minister must be satisfied that the transfer of the wagering and
betting licence to the transferee is in the public interest, taking
into account each of the matters specified in subsections (3)(a)
to (j). Subsection (4) provides that the Minister must be satisfied
as to the matters in paragraphs (a) and (b) relating to certain
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arrangements with VicRacing and Racing Products. The
Minister must also be satisfied that the transfer of the licence to
the transferee would not result in a person who is not currently an
associate of the licensee, or not approved by the Minister to
become an associate of the licensee, becoming an associate of the
transferee. Subsection (5) provides that the Minister must be
satisfied that the transferee is capable of meeting the obligations
of the wagering and betting licensee under any related
agreements made under section 4.3A.10.
The Minister may refuse to transfer the wagering and betting
licence unless a company approved by the Minister that is an
associate of the transferee has given the transferee an irrevocable
guarantee and indemnity, in the form approved by the Treasurer,
in respect of the financial obligations of the transferee.
In determining whether to grant or refuse an application to
transfer the licence, the Minister is entitled to rely on any
findings or recommendations contained in the report of the
Commission under section 4.3A.19. If the Minister transfers a
wagering and betting licence, the transferee becomes the
wagering and betting licensee and assumes all the obligations and
liabilities of the wagering and betting licensee under this Act.
New section 4.3A.19 provides that, if the Minister has referred to
the Commission an application to transfer a wagering and betting
licence, the Commission must give a written report to the
Minister on the application stating whether or not, in the
Commission's opinion, the matters of which the Minister must be
satisfied to transfer the licence have been made out and
containing any other information required by the Minister.
The report may include any recommendations the Commission
thinks fit, including recommendations as to any appropriate
licence conditions and the report must include the reasons for any
findings or recommendations contained in it.
New section 4.3A.20 provides that the Minister may refuse to
transfer a wagering and betting licence unless the wagering and
betting licensee and any other person who is party to a related
agreement made under section 4.3A.10 executes any document
requested by the Minister in relation to that agreement. The
Minister may also refuse to transfer the licence unless the
transferee or any other person requested by the Minister (or both)
enters into one or more agreements with the Minister dealing
with matters related to the licence, including any agreement
referred to in section 4.3A.10 or any further agreement.
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New section 4.3A.21 sets out the procedure for the publication
of, and tabling in Parliament of, the transfer of the wagering and
betting licence. The Minister must publish a notice in the
Government Gazette of the transfer of the licence and the making
of any related agreement under section 4.3A.20. The Minister
must give a copy of the transfer and any related agreement to the
Commission and must table the transfer and any related
agreement in Parliament within 7 sitting days after the licence is
transferred or the agreement is made (as the case may be).
The Commission must publish a copy of the transfer and any
related agreements on its website. However, the publication and
tabling requirements set out in this section are subject to the
Minister's power to exclude information from the transfer or
agreement if the Minister is of the opinion that the information
relates to matters of a business, commercial or financial nature
the disclosure of which would be likely to expose any person
unreasonably to disadvantage.
New Division 4 of Part 3A sets out the provisions for the
amendment and surrender of the wagering and betting licence.
New section 4.3A.22 provides that the wagering and betting
licensee may request the Minister to amend a wagering and
betting licence. Subsection (2) sets out the form of the request
for amendment and what the request must contain. The Minister
may require the licensee to provide any further information or
any documents to the Minister in connection with the request.
If this section, or a requirement made by the Minister under this
section, is not complied with, the Minister may refuse to consider
the request. The request must be accompanied by the prescribed
fee (if any). If a fee has not been prescribed by the regulations,
then the Minister may determine an amount to be paid by the
licensee in respect of the request, being an amount not exceeding
the reasonable costs of the Minister and the Department
administered by the Minister in considering the request.
Subsections (6) and (7) provide further for the payment of those
costs.
New section 4.3A.23 provides for the determination by the
Minister of a request for amendment of a licence. The Minister
must decide whether to make an amendment requested under
section 4.3A.22, either with or without changes from that
originally requested, and must give written notice of the decision
to the wagering and betting licensee. In deciding whether or not
to make an amendment, the Minister must take into account
whether, in his or her opinion, the amendment is in the public
interest.
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Subsections (3) to (6) provide for the publication of, and tabling
in Parliament of the amendment, or the licence as amended.
The Minister must publish notice of the amendment in the
Government Gazette as soon as practicable after the licence is
amended; give a copy of the amendment (or the licence as
amended) to the Commission; and table the amendment in
Parliament within 7 sitting days after the licence is amended.
The Commission must publish a copy of the amendment or the
licence as amended on its website. However, the publication and
tabling requirements set out in this section are subject to the
Minister's power to exclude information from the amendment, or
the licence as amended, if the Minister is of the opinion that the
information relates to matters of a business, commercial or
financial nature the disclosure of which would be likely to expose
any person unreasonably to disadvantage. Subsection (7)
provides that an amendment takes effect when notice of the
decision to make the amendment is given to the licensee under
subsection (1) or on a later date specified in the notice.
New section 4.3A.24 provides that the wagering and betting
licensee may surrender a wagering and betting licence by giving
at least 12 months' written notice to the Minister. The surrender
takes effect only if the Minister consents to the surrender.
The Minister may consent subject to any conditions he or she
thinks fit, and those conditions remain in effect after the
surrender in accordance with their terms.
New Division 5 of Part 3A sets out provisions for monitoring and
disciplinary action.
New section 4.3A.25 sets out the obligations of the wagering and
betting licensee with respect to their associates. If it is within the
licensee's power to do so, the licensee must ensure that a person
does not become an associate except with the prior written
approval of the Commission. The Commission must not grant its
approval unless satisfied that the person is a suitable person to be
associated with the management of a wagering and betting
business. If the Commission refuses to grant its approval then it
must notify the licensee in writing and the licensee, to the extent
that it is within the licensee's power to do so, must ensure that the
person does not become an associate or, if the person becomes or
has become an associate, that the person ceases to be an associate
of the licensee within 28 days after the licensee is notified of the
Commission's decision not to grant approval. Subsections (4)
and (5) provide that the licensee must also notify the Commission
in writing of both the likelihood of a person becoming an
associate of the licensee and any person becoming an associate of
the licensee within the time specified in the section.
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New section 4.3A.26 sets out the grounds for disciplinary action
in relation to a wagering and betting licence.
New section 4.3A.27 provides that the Commission may take or
recommend disciplinary action if it considers that there is a
ground for taking disciplinary action in relation to a wagering
and betting licence. Subsection (1) provides that the Commission
may give the wagering and betting licensee written notice giving
the licensee an opportunity to show cause within 28 days why
disciplinary action should not be taken. Subsection (2) provides
that the licensee may make submissions to the Commission as to
why disciplinary action should not be taken. Subsection (3)
provides that, after considering any submissions by the licensee,
the Commission may take disciplinary action by issuing a letter
of censure or fining the licensee or the Commission may make a
written report to the Minister recommending that the Minister
take disciplinary action against the licensee under section
4.3A.28. The Commission's report to the Minister must include
the reasons for the findings and recommendations contained in it.
Subsections (5) and (6) provide that a letter of censure issued by
the Commission may censure the licensee in respect of any
matter connected with the management or operation of its
wagering and betting business and may include a direction to the
licensee to rectify within a specified time any matter giving rise
to the letter of censure. If the licensee does not comply with a
direction then the Commission may fine the licensee for
non-compliance or may make a written report to the Minister
recommending that the Minister take disciplinary action against
the licensee under section 4.3A.28.
New section 4.3A.28 provides for the Minister's powers to take
disciplinary action against the wagering and betting licensee.
If the Commission makes a report under the previous section the
Minister may either amend, suspend or cancel the licence, or, if
the Minister considers that this disciplinary action is not
warranted, the Minister may remit the matter to the Commission
with a request that the Commission consider whether disciplinary
action should be taken against the licensee under section
4.3A.27(3)(a).
Subsection (2) provides that, in taking disciplinary action under
this section, the Minister must take into account whether, in
his or her opinion, taking the action is in the public interest.
The Minister is entitled to rely on the findings and
recommendations in the report of the Commission under section
4.3A.27 and the Minister is not required to give the licensee a
further opportunity to be heard or make submissions.
Subsection (3) provides that, if the Minister remits a matter to the
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Commission, the Commission is not required to give the licensee
a further opportunity to be heard or make submissions before
taking disciplinary action. Subsection (4) provides that
cancellation, suspension or amendment of a licence under this
section takes effect when written notice is given to the licensee or
on a later date specified in the notice.
New section 4.3A.29 provides that the Minister may suspend a
wagering and betting licence where the Minister is satisfied that
the licensee or an executive officer of the licensee has been
charged with certain offences specified in the section.
New section 4.3A.30 provides that a wagering and betting licence
is of no effect for the purposes of Part 2 of Chapter 4 of the
Principal Act while it is suspended.
New Division 6 of Part 3A sets out provisions for the issue of a
temporary wagering and betting licence.
New section 4.3A.31 provides that, if a wagering and betting
licence (the original licence) is cancelled, suspended or
surrendered, the Minister may issue a temporary wagering and
betting licence and appoint a temporary wagering and betting
licensee for the period determined by the Minister. The Minister
may issue a temporary wagering and betting licence only if
satisfied as to the matters specified in subsection (2) including
that the temporary licensee has a physical place of business in
Victoria; the temporary licensee is not a natural person or a
prohibited person within the meaning of section 4.3A.3, the issue
of the temporary licence is in the public interest taking into
account each of the matters specified in paragraph (c)(i) to (x)
and that the Minister is satisfied as to the matters in paragraphs
(d) and (e) relating to certain arrangements with VicRacing and
Racing Products.
Subsection (3) provides that a temporary wagering and betting
licence is issued on the terms and conditions the Minister thinks
fit. Subsection (4) provides that, in determining whether to grant
or refuse a licence application, the Minister may consult any
person the Minister considers appropriate and is entitled to rely
on any findings or recommendations contained in the report of
the Commission under section 4.3A.32.
New section 4.3A.32 provides that, if the Minister is considering
issuing a temporary wagering and betting licence, the Minister
may request the Commission to give a written report to the
Minister stating whether or not, in the Commission's opinion, the
matters of which the Minister must be satisfied to issue the
temporary licence have been made out and containing any other
information required by the Minister. The report may include
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any recommendations the Commission thinks fit including
recommendations as to any appropriate licence conditions.
The report must include the reasons for any findings or
recommendations contained in it.
New section 4.3A.33 provides that a temporary wagering and
betting licensee may enter into any arrangements that are
approved by the Minister with the former licensee, including
arrangements relating to the use of assets and services of staff of
the former licensee. Subsections (2) and (3) set out the
obligations of the former licensee with respect to these
arrangements.
New section 4.3A.34 sets out a number of further provisions
applicable to a temporary wagering and betting licence.
Subsection (1) provides that a temporary licence may be
extended once only for a period determined by the Minister; may
be cancelled at any time by the Minister and, if issued following
the suspension of the original licence, is cancelled by the lifting
or expiry of that suspension. Subsection (2) provides that, if a
temporary licence is cancelled or otherwise terminates, the
Minister may issue a further temporary wagering and betting
licence and appoint a further temporary licensee for the period
determined by the Minister. Subsection (4) provides that the
cumulative periods for which a temporary wagering and betting
licence may be issued or extended under this Division cannot
exceed 3 years after the day on which the original licence was
cancelled, suspended or surrendered.
New Division 7 of Part 3A sets out provisions for further
information-gathering powers and obligations.
New section 4.3A.35 sets out definitions for the purposes of
Division 7. The section sets out definitions of applicant,
application, interested person, registrant and registration of
interest.
New section 4.3A.36 provides that the Secretary has the power to
require an interested person to provide any information or
produce any records relevant to the consideration of the
application or registration of interest as specified in the notice, to
authorise a person described in the notice to comply with a
specified requirement and to provide the Secretary with any
authorities and consents the Secretary requires for the purpose of
enabling the Secretary to obtain information (including financial
and other confidential information) concerning the interested
person from other persons. The Secretary may give any
information provided or record produced by an interested person,
or a copy of the information or record, to the Commission if the
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Secretary considers that the information or record is relevant to
an investigation or inquiry by the Commission in relation to the
application or registration of interest. Subsection (3) provides
that, if an interested person refuses to comply with a requirement
of the Secretary, the Secretary must notify the Minister in writing
as soon as practicable and the Minister may refuse to consider the
application or registration of interest.
New section 4.3A.37 provides that, if the Secretary requires
information under section 4.3A.36 and a change occurs in that
information before the application is granted or refused or the
Minister decides whether or not to invite the registrant to apply
for the licence (as the case requires), the interested person must
give the Secretary written particulars of the change as soon as
practicable. The Secretary may give the particulars of the
change to the Commission if the Secretary considers that the
particulars are relevant to an investigation or inquiry by the
Commission in relation to the application or registration of
interest. Subsection (3) provides that the particulars of a
change are to be considered to have formed part of the original
information, for the purposes of the application of subsection (1)
to any further change in the information provided.
New section 4.3A.38 provides that, if a change occurs in any
relevant registration information before the Minister decides
whether or not to invite a registrant to make a licence application,
or a change occurs in any relevant application information before
an application for a wagering and betting licence is granted or
refused, the registrant or the applicant (as the case may be) must
give the Minister written particulars of the change as soon as
practicable. The Minister must give the particulars of the change
to the Secretary and the Secretary may give the particulars of the
change to the Commission if the Secretary considers that the
particulars are relevant to an investigation or inquiry by the
Commission in relation to the application or registration of
interest. The particulars of a change are to be considered to have
formed part of the original application or registration of interest,
for the purposes of the application of subsection (1) or (2) to any
further change in the relevant information. Subsection (5)
defines what relevant registration information and relevant
application information are for the purposes of this section.
New section 4.3A.39 provides that, if a change occurs in any
relevant information before an application for transfer of a
wagering and betting licence is granted or refused, the applicant
must give the Minister written particulars of the change as soon
as practicable. The Minister may give the particulars of the
change to the Commission if the Minister considers that the
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particulars are relevant to an investigation or inquiry by the
Commission in relation to the application. The particulars of a
change are to be considered to have formed part of the original
application, for the purposes of the application of subsection (1)
to any further change in the relevant information. Subsection (4)
defines what relevant information is for the purposes of this
section.
Clause 10 substitutes a new section 4.6.1 in place of section 4.6.1 in the
Principal Act. The new section 4.6.1 provides for the deduction
of commissions out of the total amount invested in each
totalisator conducted by the licensee, wagering operator or the
new wagering and betting licensee (as the case may be) on a
wagering event or wagering events.
Clause 11 inserts new subsections (4) to (6) into section 4.6.2 of the
Principal Act. These subsections make consequential
amendments to section 4.6.2 to provide for the payment of
dividends by the wagering and betting licensee on a wagering
event or wagering events.
Clause 12 makes consequential amendments to sections 4.6.4, 4.6.5 and
4.6.6 in the Principal Act providing for the deduction of
commissions by, and the payment of dividends by, the wagering
and betting licensee on an approved betting competition.
Clause 13 inserts a new section 4.6.7A into the Principal Act which
provides for the payment to the Treasurer of a supervision charge
by the wagering and betting licensee. Subsection (2) provides
that the supervision charge is the amount in respect of each
financial year that the Treasurer, after consultation with the
Minister, determines having regard to the reasonable costs and
expenses in respect of the financial year incurred by the
Commission in carrying out its functions and powers in respect
of wagering and approved betting competitions. Subsection (3)
provides that the supervision charge is a tax.
Clause 14 inserts a new subsection (2) into section 4.6.8 of the Principal
Act. This subsection provides for the payment of an amount or
amounts equal to the premium payment paid under section
4.3A.13 to be paid out of the Consolidated Fund (which is
appropriated to the necessary extent), at the time or times
determined by the Treasurer, into the Hospitals and Charities
Fund.
Clause 14(2) inserts a new subsection (1A) into section 4.6.9.
This subsection provides for the payment by the wagering and
betting licensee to the Treasurer of an amount equal to the sum of
all refunds, dividends and prizes that have remained unclaimed
15
for not less than 6 months on the first day of that payment month
less the expenses of the wagering and betting licensee reasonably
incurred in searching for the persons entitled to those refunds,
dividends or prizes.
Clause 15 makes consequential amendments to sections 4.7.1 and 4.7.2 of
the Principal Act to insert references to the wagering and betting
licensee.
Clause 16 substitutes a new section 4.7.3 in the Principal Act. This section
provides for an offence for a person who is not authorised by the
section to sell or offer to sell any ticket or acknowledgment
purporting to be issued by the licensee, wagering operator,
wagering and betting licensee or permit holder in respect of a bet.
It is also an offence for a person to purchase a ticket or
acknowledgment purporting to be issued by the licensee or
wagering operator, the wagering and betting licensee or a permit
holder in respect of a bet from any person not authorised to sell
it.
Clause 17 makes a number of consequential amendments to sections 4.7.4,
4.7.5, 4.7.6, 4.8.1, 4.8.2, 4.8.3, 4.8.4, 4.8.5 and 4.8.6 of the
Principal Act to insert references to the wagering and betting
licensee and to extend the application of the requirements and
offences in those sections to the wagering and betting licensee.
Clause 18 inserts a new Chapter 6A into the Principal Act. New Part 6A
sets out the provisions applying to the new keno licence.
New Part 1 of Chapter 6A contains introductory provisions.
New section 6A.1.1 provides that the purpose of this Chapter is
to make provision for the conduct and promotion of keno games.
New section 6A.1.2 sets out, for the purposes of Chapter 6A,
definitions of amount received by the keno licensee, keno
revenue and keno venue.
New Part 2 of Chapter 6A sets out provisions relating to keno
games.
New section 6A.2.1 provides that a keno game conducted or
promoted in accordance with a licence granted under Chapter 6A
is lawful and is not a public nuisance.
New section 6A.2.2 provides that a keno game under Chapter 6A
is not a game that may be approved by the Commission under
Chapter 3 of the Principal Act.
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New section 6A.2.3 provides that tickets in a keno game must be
sold in accordance with the distribution arrangements authorised
under a keno licence. Subsections (2) to (4) set out offences in
relation to the sale of tickets in a keno game to a minor and the
purchase by a minor of tickets in a keno game.
New section 6A.2.4 provides that it is an offence for a person
who is not an agent of the keno licensee to hold themselves out as
an agent of the licensee. Subsection (2) provides that the keno
licensee may accredit in writing agents of the licensee to sell
tickets in keno games. The keno licensee must give the
Commission the names and addresses of agents accredited by the
licensee and of any other agents and contractors to be used by the
licensee in conducting keno games.
New section 6A.2.5 provides for the approval of a keno system
by the Commission. Subsections (1) and (2) provide that the
keno licensee must not conduct a keno game unless the licensee
uses a keno system that has been approved by the Commission
or, if the system has been approved, must not conduct a keno
game on a system that has been varied if that variation has not
been approved by the Commission. The Commission may make
an approval to use, or a variation of an approval to use, a keno
system subject to any conditions that it thinks fit.
New section 6A.2.6 provides that the keno licensee operating a
keno system must ensure that only persons authorised by the
licensee have physical access to the central processing unit and
game result determination device of the keno system. Equipment
at a keno venue which is used for the conduct or monitoring of
keno games must not be accessible to the public unless it is
intended for public use.
New section 6A.2.7 provides that the Commission may order the
keno licensee to repair or withdraw from use any defective
machinery, equipment or computer system used in connection
with keno games.
New section 6A.2.8 sets out an offence for a person to be in
possession of any device made or adapted, or intended by the
person to be used, for improperly interfering with any machinery,
equipment or computer system used in connection with keno
games or do any act or thing calculated, or likely, to improperly
interfere with any machinery, equipment or computer system
used in connection with keno games.
New section 6A.2.9 sets out an offence for the keno licensee, or
an agent of the licensee on whose premises the machinery,
equipment or computer system is located, to allow any
machinery, equipment or computer system that is used in
17
connection with keno games and does not function in the manner
in which it was designed and programmed to function, to be used,
other than for testing purposes, until it is functioning in the
manner in which it was designed and programmed to function.
New section 6A.2.10 sets out an offence for the keno licensee or
an agent of the licensee or an employee of either of them to make
a loan or extend credit in any form to any person to enable that
person or any other person to play a keno game.
New section 6A.2.11 provides that the keno licensee must make
rules for or with respect to the conduct of keno games. It is an
offence for the keno licensee to conduct a keno game unless rules
for the conduct of keno games are in force and the keno game is
conducted in accordance with those rules. Subsection (3) sets out
the matters for which the rules must provide. As soon as
practicable after making rules for the conduct of keno games, the
licensee must give a copy of the rules to the Commission.
Subsection (5) provides that the keno rules, as in force when an
entry to a keno game is accepted, form part of the contract
between the licensee and the player.
New section 6A.2.12 provides that the keno rules come into force
on the day specified in the rules, being a day at least 4 weeks
after the day on which the rules are made or an earlier day
approved by the Commission in writing, not being a day before
the rules are made. However, subsection (3) provides that keno
rules made under section 6A.2.11 cannot come into force before
notice of making them is published in accordance with section
6A.2.13.
New section 6A.2.13 provides for the publication and inspection
of keno rules. Subsection (1) provides that the keno licensee
must publish notice of the making of keno rules in the
Government Gazette. Subsection (2) sets out the obligations of a
keno licensee or an agent of the licensee to make available a
complete copy of the keno rules for inspection by any person free
of charge on request and to display a notice, in the form approved
by the Commission, at each place or point at which entries in a
keno game are accepted, stating that the rules are available for
inspection.
New section 6A.2.14 provides that the Commission may disallow
rules made under section 6A.2.11, in whole or in part, at any time
by giving written notice to the keno licensee if the Commission
is satisfied that the rules are unfair to players, unreasonable or
contrary to the public interest or, if the Minister has requested
the Commission to disallow the rules under subsection (3).
The Commission may refer rules made under section 6A.2.11
18
to the Minister if the Commission considers that the Minister
ought to consider whether the rules should be disallowed.
Subsection (3) provides that the Minister may request the
Commission to disallow rules made under section 6A.2.11 if the
Minister considers that the rules are not in the public interest or
would result in the keno game being of a different character from
the keno games authorised to be conducted by section 6A.3.1.
Subsection (4) provides that the disallowance of rules made
under section 6A.2.11 takes effect on the day specified in the
notice of disallowance, being a day that is at least 3 days after the
notice is given to the licensee. Subsection (5) provides that if,
before the rules are made under section 6A.2.11, the Commission
consents in writing to the making of the rules in the form in
which they are made, the Commission must not disallow the
rules or any part of them within the period of 6 months after
they are made, unless the Minister requests disallowance under
subsection (3).
New Part 3 of Chapter 6A sets out provisions relating to the keno
licence.
New Division 1 of Part 3 of Chapter 6A sets out the authority and
number of keno licences.
New section 6A.3.1 provides that the keno licence authorises the
keno licensee, or an agent of the licensee, to conduct keno games
subject to the Principal Act and the regulations, and any
conditions to which the licence is subject.
New section 6A.3.2 provides that Chapter 6A of the Principal
Act does not authorise the operation at the same time of more
than one keno licence.
New Division 2 of Part 3 of Chapter 6A sets out the licensing
procedure for the keno licence.
New section 6A.3.3 sets out the procedure applying to
the registration of interest in the grant of a keno licence.
The Minister, by notice published in the Government Gazette,
may call for registrations of interest in the grant of a keno
licence. Subsection (2) sets out the matters that the Minister's
notice must specify, including the procedure for registering an
interest, the information to be provided by a registrant, the
matters on which the Secretary will report to the Minister and any
other matters the Minister considers relevant to the registration.
Subsection (3) sets out the persons who may register an interest
in the granting of a keno licence. To register an interest, a person
must have a physical place of business in Victoria and not be a
natural person.
19
The Minister must consider each registration of interest and, if
the registration satisfies the requirements, the Minister must refer
the registration of interest to the Secretary for a report under
section 6A.3.4. If a registrant fails to satisfy a requirement, the
Minister may refuse to consider, or consider further, the
registration of interest or to refer it to the Secretary. After
consideration of the Secretary's report under section 6A.3.4 and
any other matters that the Minister considers relevant, the
Minister may either invite one or more registrants to apply for a
keno licence, if the Minister is of the opinion that an invitation is
in the public interest, or may decide not to invite any of the
registrants to apply for a keno licence.
New section 6A.3.4 provides that the Secretary must give a
written report to the Minister on the matters specified under
section 6A.3.3(2)(c) in relation to each registration of interest
referred to the Secretary by the Minister.
New section 6A.3.5 sets out the procedure for an application for a
keno licence. A person who has been invited by the Minister
under the section 6A.3.3 to apply for a keno licence may apply to
the Minister for the licence. Subsection (2) provides for the form
of the licence application and the procedural requirements for
lodging an application. The Minister may also require an
applicant to provide any further information to the Minister in
connection with the application and the Minister must refer each
licence application to the Secretary for a report under section
6A.3.6. If a requirement made by this section is not complied
with, the Minister may refuse to consider the application or to
refer it to the Secretary.
New section 6A.3.6 provides for the matters that the Secretary's
report to the Minister must include. Subsection (1) provides that
the Secretary must give a written report to the Minister on each
licence application stating whether or not, in the Secretary's
opinion the matters of which the Minister must be satisfied to
grant the licence application have been made out. The report
must contain any other information required by the Minister.
The Secretary's report may include any recommendations the
Secretary thinks fit, including recommendations as to any
appropriate licence conditions and the report must include the
reasons for any findings or recommendations contained in it.
New section 6A.3.7 provides that the Minister is to determine
whether to grant or refuse a licence application after receiving the
report of the Secretary under section 6A.3.6. The Minister may
grant a licence application only if he or she is satisfied that the
granting of the application is in the public interest, taking into
account each of the matters specified in subsection (2)(a) to (i).
20
In determining whether to grant or refuse a licence application,
the Minister is entitled to rely on any findings or
recommendations contained in the report of the Secretary under
section 6A.3.6. If the Minister refuses a licence application, he
or she must give written notice to the applicant.
New section 6A.3.8 provides that, if the Minister grants a licence
application, he or she must issue a keno licence to the applicant.
A keno licence cannot be issued that has effect, otherwise than as
provided by section 6A.3.12, at any time while the participants
are authorised to conduct or promote club keno games under
Chapter 6 of the Principal Act.
New section 6A.3.9 provides that the Minister may impose any
conditions he or she thinks fit on a keno licence, including
conditions referred to in any other provision of this Chapter and
conditions that leave any matter or thing to be from time to time
determined, applied, dispensed with or regulated by the
Commission or the Minister.
New section 6A.3.10 provides that the Minister may refuse to
issue a keno licence unless the applicant or any other person
requested by the Minister (or both) enters into one or more
agreements with the Minister dealing with matters related to the
licence.
New section 6A.3.11 sets out the duration of the keno licence.
The licence takes effect at the time of issue or at the later time
specified in the licence and is valid for 10 years, unless
terminated earlier in accordance with this Part. Subsection (2)
provides that a keno licence cannot be renewed, but a person who
holds or has held a keno licence may apply for a subsequent keno
licence, if invited by the Minister to do so.
New section 6A.3.12 provides that the keno licence may
authorise the keno licensee to take preparatory action from a time
specified in the licence (which may be the time of issue) even
though the licence has not taken effect. Subsection (6) provides
that determination of the term of the licence under section
6A.3.11(1)(b) is not to include a period of preparatory action
authorised under section 6A.3.12. Subsection (7) defines
preparatory action for the purposes of this section. This section
applies to a keno licence if the licence takes effect at a time
specified in the licence that is later than the time of issue of the
licence. Any time specified from which preparatory action may
be taken must not be more than 18 months before the time the
licence takes effect.
21
New section 6A.3.13 provides that the Minister may require the
keno licensee to pay, as consideration for a keno licence, one or
more amounts determined by the Minister as the premium
payment. The Minister may determine whether the premium
payment is to be a single amount payable on the issue of the
licence or at a later time, or an annual amount payable for the
duration of the licence. The premium payment is a tax.
New section 6A.3.14 sets out the procedure for the publication
of, and tabling in Parliament of, the keno licence. The Minister
must publish a notice in the Government Gazette of the issue of
the licence and the making of any related agreement under
section 6A.3.10. The Minister must give a copy of the licence
and any related agreement to the Commission and must table the
licence and any related agreement in Parliament within 7 sitting
days after the licence is issued or the agreement is made (as the
case may be). The Commission must publish a copy of the
licence and any related agreements on its website. However, the
publication and tabling requirements set out in this section are
subject to the Minister's power to exclude information from the
copy of the licence or agreement to be published or tabled if the
Minister is of the opinion that the information relates to matters
of a business, commercial or financial nature the disclosure of
which would be likely to expose any person unreasonably to
disadvantage.
New section 6A.3.15 provides that a keno licence may authorise
the keno licensee to engage a person on contract, or to appoint an
agent, to assist in the conduct of keno games authorised by the
licence. The engagement of a person, or appointment of an agent
by the licensee does not affect any function or obligation of the
licensee under a gaming Act or gaming regulations.
New Division 3 of Part 3 of Chapter 6A sets out the provisions
for the transfer of the keno licence.
New section 6A.3.16 provides that a keno licence is not
transferable to any other person except in accordance with
Division 3 of Part 3 of this Chapter.
New section 6A.3.17 sets out the procedure for a keno licensee to
apply to the Minister to transfer the licence to another person (the
transferee). An application must be in the form, contain the
information and be accompanied by the documents required by
the Minister and must be accompanied by the prescribed fee
(if any). If a fee has not been prescribed by the regulations, then
the Minister may determine an amount to be paid by the licensee
in respect of the application, being an amount not exceeding the
reasonable costs of the Minister and the Department administered
22
by the Minister in considering the application. Subsections (4)
and (5) provide further for the payment of those costs.
Subsection (6) provides that the Minister may refer the
application to the Commission for a report under section 6A.3.19.
New section 6A.3.18 provides that, on an application under
section 6A.3.17, the Minister may transfer the keno licence to the
transferee if the Minister is satisfied of the matters specified in
subsections (2), (3), (4) and (5).
Subsection (2) provides that the Minister must be satisfied that
the transferee is a wholly-owned subsidiary of the keno licensee
or the transferee and the keno licensee are both wholly-owned
subsidiaries of a third company; that the transferee has a physical
place of business in Victoria; and that the transferee is not a
natural person. Subsection (3) provides that the Minister must be
satisfied that the transfer of the keno licence to the transferee is in
the public interest, taking into account each of the matters
specified in subsection (3)(a) to (i). Subsection (5) provides that
the Minister must be satisfied that the transferee is capable of
meeting the obligations of the keno licensee under any related
agreements made under section 6A.3.10.
The Minister may refuse to transfer the keno licence unless a
company approved by the Minister that is an associate of the
transferee has given the transferee an irrevocable guarantee and
indemnity, in the form approved by the Treasurer, in respect of
the financial obligations of the transferee. In determining
whether to grant or refuse an application to transfer the licence,
the Minister is entitled to rely on any findings or
recommendations contained in the report of the Commission
under section 6A.3.19. If the Minister transfers a keno licence,
the transferee becomes the keno licensee and assumes all the
obligations and liabilities of the keno licensee under this Act.
New section 6A.3.19 provides that, if the Minister has referred to
the Commission an application to transfer a keno licence, the
Commission must give a written report to the Minister on the
application stating whether or not, in the Commission's opinion,
the matters of which the Minister must be satisfied to transfer the
licence have been made out and containing any other information
required by the Minister. The report may include any
recommendations the Commission thinks fit, including
recommendations as to any appropriate licence conditions and
the report must include the reasons for any findings or
recommendations contained in it.
23
New section 6A.3.20 provides that the Minister may refuse to
transfer a keno licence unless the keno licensee and any other
person who is party to a related agreement made under section
6A.3.10 executes any document requested by the Minister in
relation to that agreement. The Minister may also refuse to
transfer the licence unless the transferee or any other person
requested by the Minister (or both) enters into one or more
agreements with the Minister dealing with matters related to the
licence, including any agreement referred to in section 6A.3.10 or
any further agreement.
New section 6A.3.21 sets out the procedure for the publication
of, and tabling in Parliament of, the transfer of the keno licence.
The Minister must publish a notice in the Government Gazette of
the transfer of the licence and the making of any related
agreement under section 6A.3.20. The Minister must give a copy
of the transfer and any related agreement to the Commission and
must table the transfer and any related agreement in Parliament
within 7 sitting days after the licence is transferred or the
agreement is made (as the case may be). The Commission must
publish a copy of the transfer and any related agreements on its
website. However, the publication and tabling requirements set
out in this section are subject to the Minister's power to exclude
information from the transfer or agreement if the Minister is of
the opinion that the information relates to matters of a business,
commercial or financial nature the disclosure of which would be
likely to expose any person unreasonably to disadvantage.
New Division 4 of Part 3 of Chapter 6A sets out the provisions
for the amendment and surrender of the keno licence.
New section 6A.3.22 provides that the keno licensee may request
the Minister to amend a keno licence. Subsection (2) sets out the
form of the request for amendment and what the request must
contain. The Minister may require the licensee to provide any
further information or any documents to the Minister in
connection with the request. If this section, or a requirement
made by the Minister under this section, is not complied with, the
Minister may refuse to consider the request. The request must be
accompanied by the prescribed fee (if any). If a fee has not been
prescribed by the regulations, then the Minister may determine an
amount to be paid by the licensee in respect of the request, being
an amount not exceeding the reasonable costs of the Minister and
the Department administered by the Minister in considering the
request. Subsections (6) and (7) provide further for the payment
of those costs.
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New section 6A.3.23 provides for the determination by the
Minister of a request for amendment of a licence. The Minister
must decide whether to make an amendment requested under
section 6A.3.22, either with or without changes from that
originally requested, and must give written notice of the decision
to the keno licensee. In deciding whether or not to make an
amendment, the Minister must take into account whether, in his
or her opinion, the amendment is in the public interest.
Subsections (3) to (6) provide for the publication of, and tabling
in Parliament of the amendment, or the licence as amended.
The Minister must publish notice of the amendment in the
Government Gazette as soon as practicable after the licence is
amended; give a copy of the amendment (or the licence as
amended) to the Commission; and table the amendment in
Parliament within 7 sitting days after the licence is amended.
The Commission must publish a copy of the amendment or the
licence as amended on its website. However, the publication and
tabling requirements set out in this section are subject to the
Minister's power to exclude information from the amendment, or
the licence as amended, if the Minister is of the opinion that the
information relates to matters of a business, commercial or
financial nature the disclosure of which would be likely to expose
any person unreasonably to disadvantage. Subsection (7)
provides that an amendment takes effect when notice of the
decision to make the amendment is given to the licensee under
subsection (1) or on a later date specified in the notice.
New section 6A.3.24 provides that the keno licensee may
surrender a keno licence by giving at least 12 months' written
notice to the Minister. The surrender takes effect only if the
Minister consents to the surrender. The Minister may consent
subject to any conditions he or she thinks fit, and those
conditions remain in effect after the surrender in accordance with
their terms.
New Division 5 of Part 3 of Chapter 6A sets out provisions for
monitoring and disciplinary action.
New section 6A.3.25 sets out the obligations of the keno licensee
with respect to their associates. If it is within the licensee's
power to do so, the licensee must ensure that a person does not
become an associate except with the prior written approval of the
Commission. The Commission must not grant its approval
unless satisfied that the person is a suitable person to be
associated with the management of a keno business. If the
Commission refuses to grant its approval then it must notify the
licensee in writing and the licensee, to the extent that it is within
the licensee's power to do so, must ensure that the person does
25
not become an associate or, if the person becomes or has become
an associate, that the person ceases to be an associate of the
licensee within 28 days after the licensee is notified of the
Commission's decision not to grant approval. Subsections (4)
and (5) provide that the licensee must also notify the Commission
in writing of both the likelihood of a person becoming an
associate of the licensee and any person becoming an associate of
the licensee within the time specified in the section.
New section 6A.3.26 sets out the grounds for disciplinary action
in relation to a keno licence.
New section 6A.3.27 provides that the Commission may take or
recommend disciplinary action if it considers that there is a
ground for taking disciplinary action in relation to a keno licence.
Subsection (1) provides that the Commission may give the keno
licensee written notice giving the licensee an opportunity to show
cause within 28 days why disciplinary action should not be taken.
Subsection (2) provides that the licensee may make submissions
to the Commission as to why disciplinary action should not be
taken. Subsection (3) provides that, after considering any
submissions by the licensee, the Commission may take
disciplinary action by issuing a letter of censure or fining the
licensee or the Commission may make a written report to the
Minister recommending that the Minister take disciplinary action
against the licensee under section 4.3A.28. The Commission's
report to the Minister must include the reasons for the findings
and recommendations contained in it.
Subsections (5) and (6) provide that a letter of censure issued by
the Commission may censure the licensee in respect of any
matter connected with the management or operation of its keno
business and may include a direction to the licensee to rectify
within a specified time any matter giving rise to the letter of
censure. If the licensee does not comply with a direction then the
Commission may fine the licensee for non-compliance or may
make a written report to the Minister recommending that the
Minister take disciplinary action against the licensee under
section 6A.3.28.
New section 6A.3.28 provides for the Minister's powers to take
disciplinary action against the keno licensee. If the Commission
makes a report under the previous section the Minister may either
amend, suspend or cancel the licence, or, if the Minister
considers that this disciplinary action is not warranted, the
Minister may remit the matter to the Commission with a request
that the Commission consider whether disciplinary action should
be taken against the licensee under section 6A.3.27(3)(a).
26
Subsection (2) provides that, in taking disciplinary action under
this section, the Minister must take into account whether, in
his or her opinion, taking the action is in the public interest.
The Minister is entitled to rely on the findings and
recommendations in the report of the Commission under section
6A.3.27 and the Minister is not required to give the licensee a
further opportunity to be heard or make submissions. Subsection
(3) provides that, if the Minister remits a matter to the
Commission, the Commission is not required to give the licensee
a further opportunity to be heard or make submissions before
taking disciplinary action. Subsection (4) provides that
cancellation, suspension or amendment of a licence under this
section takes effect when written notice is given to the licensee or
on a later date specified in the notice.
New section 6A.3.29 provides that the Minister may suspend a
keno licence where the Minister is satisfied that the licensee or an
executive officer of the licensee has been charged with certain
offences specified in the section.
New section 6A.3.30 provides that a keno licence is of no effect
for the purposes of Part 2 of this Chapter while it is suspended.
New Division 6 of Part 3 of Chapter 6A sets out provisions for
the issue of a temporary keno licence.
New section 6A.3.31 provides that, if a keno licence (the original
licence) is cancelled, suspended or surrendered, the Minister may
issue a temporary keno licence and appoint a temporary keno
licensee for the period determined by the Minister. The Minister
may issue a temporary keno licence only if satisfied as to the
matters specified in subsection (2) including that the temporary
licensee has a physical place of business in Victoria, the
temporary licensee is not a natural person and that the issue of
the temporary licence is in the public interest taking into account
each of the matters specified in paragraph (c)(i) to (ix).
Subsection (3) provides that a temporary keno licence is issued
on the terms and conditions the Minister thinks fit. Subsection
(4) provides that, in determining whether to grant or refuse a
licence application, the Minister may consult any person the
Minister considers appropriate and is entitled to rely on any
findings or recommendations contained in the report of the
Commission under section 6A.3.32.
New section 6A.3.32 provides that, if the Minister is considering
issuing a temporary keno licence, the Minister may request the
Commission to give a written report to the Minister stating
whether or not, in the Commission's opinion, the matters of
which the Minister must be satisfied to issue the temporary
27
licence have been made out and containing any other information
required by the Minister. The report may include any
recommendations the Commission thinks fit including
recommendations as to any appropriate licence conditions.
The report must include the reasons for any findings or
recommendations contained in it.
New section 6A.3.33 provides that a temporary keno licensee
may enter into any arrangements that are approved by the
Minister with the former licensee, including arrangements
relating to the use of assets and services of staff of the former
licensee. Subsections (2) and (3) set out the obligations of the
former licensee with respect to these arrangements.
New section 6A.3.34 sets out a number of further provisions
applicable to a temporary keno licence. Subsection (1) provides
that a temporary licence may be extended once only for a period
determined by the Minister; may be cancelled at any time by the
Minister and, if issued following the suspension of the original
licence, is cancelled by the lifting or expiry of that suspension.
Subsection (2) provides that, if a temporary licence is cancelled
or otherwise terminates, the Minister may issue a further
temporary keno licence and appoint a further temporary licensee
for the period determined by the Minister. Subsection (4)
provides that the cumulative periods for which a temporary keno
licence may be issued or extended under this Division cannot
exceed 3 years after the day on which the original licence was
cancelled, suspended or surrendered.
New Division 7 of Part 3 of Chapter 6A sets out provisions for
further information-gathering powers and obligations.
New section 6A.3.35 sets out definitions for the purposes of
Division 7 of Part 3. The section sets out definitions of
applicant, application, interested person, registrant and
registration of interest.
New section 6A.3.36 provides that the Secretary has the power
to require an interested person to provide any information or
produce any records relevant to the consideration of the
application or registration of interest as specified in the notice,
to authorise a person described in the notice to comply with a
specified requirement and to provide the Secretary with any
authorities and consents the Secretary requires for the purpose of
enabling the Secretary to obtain information (including financial
and other confidential information) concerning the interested
person from other persons. The Secretary may give any
information provided or record produced by an interested person,
or a copy of the information or record, to the Commission if the
28
Secretary considers that the information or record is relevant to
an investigation or inquiry by the Commission in relation to the
application or registration of interest. Subsection (3) provides
that, if an interested person refuses to comply with a requirement
of the Secretary, the Secretary must notify the Minister in writing
as soon as practicable and the Minister may refuse to consider the
application or registration of interest.
New section 6A.3.37 provides that, if the Secretary requires
information under section 6A.3.36 and a change occurs in that
information before the application is granted or refused or the
Minister decides whether or not to invite the registrant to apply
for the licence (as the case requires), the interested person must
give the Secretary written particulars of the change as soon as
practicable. The Secretary may give the particulars of the
change to the Commission if the Secretary considers that the
particulars are relevant to an investigation or inquiry by the
Commission in relation to the application or registration of
interest. Subsection (3) provides that the particulars of a change
are to be considered to have formed part of the original
information, for the purposes of the application of subsection (1)
to any further change in the information provided.
New section 6A.3.38 provides that, if a change occurs in any
relevant registration information before the Minister decides
whether or not to invite a registrant to make a licence application,
or a change occurs in any relevant application information before
an application for a keno licence is granted or refused, the
registrant or the applicant (as the case may be) must give the
Minister written particulars of the change as soon as practicable.
The Minister must give the particulars of the change to the
Secretary and the Secretary may give the particulars of the
change to the Commission if the Secretary considers that the
particulars are relevant to an investigation or inquiry by the
Commission in relation to the application or registration of
interest. The particulars of a change are to be considered to have
formed part of the original application or registration of interest,
for the purposes of the application of subsection (1) or (2) to any
further change in the relevant information. Subsection (5)
defines what relevant registration information and relevant
application information are for the purposes of this section.
New section 6A.3.39 provides that, if a change occurs in any
relevant information before an application for transfer of a keno
licence is granted or refused, the applicant must give the Minister
written particulars of the change as soon as practicable.
The Minister may give the particulars of the change to the
Commission if the Minister considers that the particulars are
29
relevant to an investigation or inquiry by the Commission in
relation to the application. The particulars of a change are to be
considered to have formed part of the original application, for the
purposes of the application of subsection (1) to any further
change in the relevant information. Subsection (4) defines what
relevant information is for the purposes of this section.
New Part 4 of Chapter 6A sets out provisions relating to returns
to players, taxes and funds.
New section 6A.4.1 provides for the returns to players. The keno
licensee must ensure that not less than 75% of the total amount
received by the licensee for any keno game be paid by the
licensee to a prizes fund established by the licensee. The prizes
fund must be applied exclusively for the payment of prizes in
respect of keno games conducted by the licensee.
New section 6A.4.2 provides for the amount of, and timing of
payment of, the duty payable by the keno licensee into the
Consolidated Fund and the amounts payable to the sales agent of
a keno venue in which tickets in keno games are sold, in respect
of keno games conducted during each week.
New section 6A.4.3 provides for the payment to the Treasurer of
a supervision charge by the keno licensee. Subsection (2)
provides that the supervision charge is the amount in respect of
each financial year as the Treasurer, after consultation with the
Minister, determines having regard to the reasonable costs and
expenses in respect of the financial year incurred by the
Commission in carrying out its functions and powers in respect
of keno games. Subsection (3) sets out a power for the Treasurer
to waive payment of part or all of the supervision charge having
regard to the total amount of revenue received by the keno
licensee in the previous financial year. Subsection (4) provides
that the supervision charge is a tax.
New section 6A.4.4 provides for the payment of certain amounts
into the Hospitals and Charities Fund and the Mental Health
Fund. Subsection (1) provides that an amount equal to the
amount paid into the Consolidated Fund under section
6A.4.2(2)(a) must be paid, in the proportions determined by the
Treasurer, into the two Funds. Subsection (2) provides for the
payment of an amount or amounts equal to the premium payment
paid under section 6A.3.13 to be paid out of the Consolidated
Fund into the Hospitals and Charities Fund.
New Part 5 of Chapter 6A sets out provisions relating to
compliance requirements.
30
New section 6A.5.1 sets out the obligations of the keno licensee
with respect to the keeping of accounting records.
New section 6A.5.2 provides for the Commission to investigate
any complaints made by a person relating to the conduct of keno
games. The Commission must inform the keno licensee of the
substance of the complaint and give the licensee a reasonable
opportunity to make a response to it.
Clause 19 inserts a new subsection (2)(ea) into section 7.1.3 of the Principal
Act, to exclude from the meaning of interactive game in that
section a keno game, if a person participates by means of a
telecommunications device.
Clause 20 amends sections 10.1.6 and 10.1.8 of the Principal Act in matters
pertaining to the constitution of the Commission.
Clause 20(1) amends section 10.1.6(1) to provide that, in addition
to the commissioners currently referred to in that section, the
Commission consists of one or more commissioners appointed as
Deputy Chairpersons or as additional commissioners.
Clause 20(2) amends section 10.1.8 to provide that the Governor
in Council may appoint one or more qualified and eligible
persons as Deputy Chairpersons.
Clause 21 inserts a new section 10.1.9A into the Principal Act. This section
provides that the Governor in Council, on the recommendation of
the Minister, may appoint qualified and eligible persons as
additional commissioners on a part-time or full-time basis.
The appointment is on the terms and conditions determined by
the Governor in Council.
Clause 22 amends sections 10.1.18 and 10.1.22 of the Principal Act.
Clause 22(1) substitutes "a Deputy Chairperson" for "Deputy
Chairperson" in section 10.1.8(1) and (3).
Clause 22(2) inserts a new subsection (3A) in section 10.1.18
which provides that, if the Chairperson is absent but more than
one Deputy Chairperson is present at a meeting, the Deputy
Chairperson appointed by the commissioners present is to
preside.
Clause 22(3) amends section 10.1.22(2) to exclude an application
for a wagering and betting licence under Part 3A and any matters
in relation to an application for a keno licence under Chapter 6A
from the requirement for the Commission to conduct public
meetings.
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Clause 23 makes a number of consequential amendments to sections
10.1.32, 10.2A.1, 10.4.1, 10.4.2, 10.4.3, 10.4.4, 10.4.5, 10.4.6
and 10.4.7 of the Principal Act to include various references to
the wagering and betting licence and keno licence. Sections
10.4.1 to 10.4.6, which set out provisions relating to
investigations and information gathering by the Commission, are
also amended to include references to an application for approval
to become an associate of the wagering and betting licensee and
an application for approval to become an associate of the keno
licensee.
Clause 24 inserts new Divisions 1A and 1B into Part 4 of Chapter 10 of the
Principal Act.
New Division 1A, which includes new sections 10.4.7A to
10.4.7H, relates to investigations of registrations of interest and
applications for the wagering and betting licence and the keno
licence.
New section 10.4.7A sets out definitions of applicant,
application, interested person, registrant, registration of interest
and relevant licence for the purposes of Division 1A.
New section 10.4 7B provides that, on request by the Secretary,
the Commission must cause to be carried out all investigations
and inquiries that the Secretary considers necessary to enable the
Secretary to report to the Minister on the application or
registration of interest or to enable the Minister to consider the
application or registration of interest properly. The Commission
must report to the Secretary on the results of those investigations
and inquiries. Subsection (2) provides that, after receiving the
Commission's report, the Secretary may request the Commission
to carry out further investigations or inquiries regarding the
application or registration of interest and report to the Secretary
on the results of those further investigations or inquiries.
The Commission must comply with this request.
New section 10.4.7C provides that the Commission may require
an interested person who is a natural person to consent to having
his or her photograph, finger prints and palm prints taken by the
Commission. The Commission may make this requirement only
if it is satisfied that it is necessary to do so for the purposes of an
investigation or inquiry under section 10.4.7B. The Secretary
may also request the Commission to exercise its powers under
this section if the Secretary is satisfied that it is necessary to do
so for the purposes of the proper consideration of the application
or registration of interest. The Commission must comply with
the request of the Secretary. Subsection (6) provides that, if an
interested person refuses to comply with a requirement under this
32
section, the Commission must notify the Secretary and the
Minister in writing as soon as practicable and the Minister may
refuse to consider the application or registration of interest (as the
case requires).
New section 10.4.7D provides that, if the Secretary has requested
the Commission to carry out an investigation or inquiry under
section 10.4.7B, the Commission must refer to the Chief
Commissioner of Police a copy of the application or registration
of interest; any photograph, finger prints and palm prints
obtained under section 10.4.7C; and any supporting
documentation. Subsections (2) and (3) provide that the
Secretary may request the Commission to refer any other
information regarding the application or registration of interest to
the Chief Commissioner of Police if the Secretary is satisfied that
it is necessary to do so for the purposes of the proper
consideration of the application or registration of interest.
The Commission must comply with a request of the Secretary.
Subsection (5) provides that the Chief Commissioner of Police
must inquire into and report to the Commission on any matters
concerning the application or registration of interest that the
Commission requests.
New section10.4.7E provides that the Commission may require
an interested person to provide any information or produce any
records relevant to the investigation of the application or
registration of interest as specified in the notice; to authorise a
person described in the notice to comply with a specified
requirement; and to provide the Commission with any authorities
and consents the Commission requires for the purpose of
enabling the Commission to obtain information (including
financial and other confidential information) concerning the
interested person from other persons. The Commission must
give the Secretary and the Minister a copy of any information or
records provided or produced under this section. Subsection (3)
provides that, if an interested person refuses to comply with a
requirement of the Commission, the Commission must notify the
Secretary and the Minister in writing as soon as practicable and
the Minister may refuse to consider the application or registration
of interest.
New section10.4.7F provides that, if the Commission requires
information from an interested person under section 10.4.7E and
a change occurs in that information before the application is
granted or refused or the Minister decides whether or not to invite
the registrant to apply for the relevant licence (as the case
requires), the interested person must give the Commission
written particulars of the change as soon as practicable.
33
The Commission must give the Secretary and the Minister a copy
of any particulars received under subsection (1) as soon as
practicable. When particulars of a change are given, those
particulars must then be considered to have formed part of the
original information, for the purposes of the application of
subsection (1) to any further change in the information provided.
New section 10.4.7G provides that the Commission may, by
written notice, require an applicant or registrant to pay to the
Commission an amount determined by the Commission, being an
amount not exceeding the reasonable costs of an investigation
under section 10.4.7B in relation to the application or registration
of interest. Subsections (2) and (3) provide further for the
payment of these costs.
New section 10.4.7H provides that the Secretary and the
Commission may enter into an agreement in relation to the
performance of functions by the Commission under this Division.
Subsection (2) provides that the failure of a party to the
agreement to comply with the agreement does not affect or make
unlawful the performance of a function by the Commission under
this Division; or any report made or advice given to the Minister
by the Secretary concerning an application or registration of
interest or the consideration or determination of an application or
a registration of interest by the Minister.
New Division 1B, which includes new sections 10.4.7I to
10.4.7O, relates to investigations of applications to transfer a
wagering and betting licence; applications to transfer a keno
licence and the issue of temporary licences.
New section 10.4.7I sets out definitions of interested person,
relevant licence, temporary licence, temporary licensee and
transferee for the purposes of Division 1B.
New section 10.4.7J provides that, if the Minister has referred an
application to transfer a relevant licence or requested the
Commission to report on the issue of a temporary licence, the
Commission must cause to be carried out all investigations and
inquiries that it considers necessary to enable the Minister to
properly consider the application for transfer or the issue of the
temporary licence. The Commission must report to the Minister
on the results of those investigations and inquiries.
New section 10.4.7K provides that the Commission may require
an interested person who is a natural person to consent to having
his or her photograph, finger prints and palm prints taken by the
Commission. The Commission may make this requirement only
if it is satisfied that it is necessary to do so for the purposes of an
investigation or inquiry under section 10.4.7J. Subsection (3)
34
provides that, if an interested person refuses to comply with a
requirement under this section, the Commission must notify the
Minister in writing as soon as practicable and the Minister may
refuse to consider the application or issue the temporary licence.
New section 10.4.7L provides that, if the Minister has referred an
application to transfer a relevant licence to the Commission or
has requested the Commission to report on the issue of a
temporary licence, the Commission must refer to the Chief
Commissioner of Police a copy of the application or any
photograph, finger prints and palm prints obtained under section
10.4.7K and any supporting documentation. Subsection (2)
provides that the Chief Commissioner of Police must inquire into
and report to the Commission on any matters concerning the
application or temporary licence that the Commission requests.
New section 10.4.7M provides that the Commission may require
an interested person to provide any information or produce any
records relevant to the investigation of the application or
temporary licence as specified in the notice; to authorise a person
described in the notice to comply with a specified requirement;
and to provide the Commission with any authorities and consents
the Commission requires for the purpose of enabling the
Commission to obtain information (including financial and other
confidential information) concerning the interested person from
other persons. The Commission must give the Minister a copy of
any information or records provided or produced under this
section. Subsection (3) provides that, if an interested person
refuses to comply with a requirement of the Commission, the
Commission must notify the Minister in writing as soon as
practicable and the Minister may refuse to consider the
application or to issue the temporary licence.
New section 10.4.7N provides that, if the Commission requires
information from an interested person under section 10.4.7M and
a change occurs in that information before the application is
granted or refused or the Minister decides whether or not to issue
the temporary licence (as the case requires), the interested person
must give the Commission written particulars of the change as
soon as practicable. The Commission must give the Minister a
copy of any particulars received under this section as soon as
practicable. When particulars of a change are given, those
particulars must then be considered to have formed part of the
original information, for the purposes of the application of
subsection (1) to any further change in the information provided.
35
New section 10.4.7O provides that the Commission may, by
written notice, require an applicant or registrant to pay to the
Commission an amount determined by the Commission, being an
amount not exceeding the reasonable costs of an investigation
under section 10.4.7J in relation to the application or temporary
licence. Subsections (2) and (3) provide further for the payment
of these costs.
Clause 25 amends sections 10.4.11 and 10.5.1 of the Principal Act to insert
references to the wagering and betting licensee and the keno
licensee.
Clause 26 inserts a new section 11.1.8 into the Principal Act. This section
provides that a person does not have any entitlement to, or
legitimate expectation of, the grant of a wagering and betting
licence or keno licence only because that person is the holder
of the wagering licence and gaming licence that were issued on
15 August 1994, or the holder of a gaming operator's licence,
or an agent or associate of those licence holders.
Clause 27 inserts a new Part 19 into Schedule 7 to the Principal Act.
Part 19 provides that a person who held office as a commissioner
under the Principal Act immediately before the commencement
day continues to hold office on and after that day on the same
terms and conditions. For the purposes of this Part,
commencement day means the day after the day on which this
Act receives the Royal Assent.
PART 3--RESPONSIBLE CODE OF CONDUCT
CONSEQUENTIAL AMENDMENTS
Clause 28 makes consequential amendments to new section 4.3A.5 of the
Principal Act to provide that an application for a wagering and
betting licence must be accompanied by a Responsible Gambling
Code of Conduct that the applicant intends to implement if the
licence is granted.
Clause 28 also amends new section 4.3A.7 in the Principal Act to
provide that the Minister must be satisfied that the Responsible
Gambling Code of Conduct accompanying the application
complies with any directions given under section 10.6.6 of the
Principal Act and the additional requirements set out in section
10.6.7 of the Principal Act, and has been approved by the
Commission.
36
Clause 29 inserts a new section 4.3A.10A into the Principal Act which
provides that it is a condition of a wagering and betting licence
that the wagering and betting licensee implement a Responsible
Gambling Code of Conduct that has been approved by the
Commission.
Clause 30 amends new section 4.3A.18 of the Principal Act to provide that
the Minister must be satisfied that the transferee has, or when the
licence is transferred will have, a Responsible Gambling Code
of Conduct that complies with any directions given under
section 10.6.6 of the Principal Act and the additional
requirements set out in section 10.6.7 of the Principal Act, and
has been approved by the Commission.
Clause 30 also amends new section 4.3A.26 of the Principal Act
to include as a ground for disciplinary action that the wagering
and betting licensee has repeatedly breached the licensee's
Responsible Gambling Code of Conduct.
Clause 30 also amends new section 4.3A.31(2) of the Principal
Act to provide that the Minister must be satisfied that the
temporary licensee will implement a Responsible Gambling Code
of Conduct that has been approved by the Commission.
Clause 31 makes consequential amendments to new section 6A.3.5 of the
Principal Act to provide that an application for a keno licence
must be accompanied by a Responsible Gambling Code of
Conduct that the applicant intends to implement if the licence is
granted.
Clause 31 also amends new section 6A.3.7 of the Principal Act to
provide that the Minister must be satisfied that the Responsible
Gambling Code of Conduct accompanying the application
complies with any directions given under section 10.6.6 of
the Principal Act and the additional requirements set out in
section 10.6.7 of the Principal Act, and has been approved by
the Commission.
Clause 32 inserts a new section 6A.3.9A into the Principal Act which
provides that it is a condition of a keno licence that the keno
licensee implement a Responsible Gambling Code of Conduct
that has been approved by the Commission.
Clause 33 amends new section 6A.3.18 of the Principal Act to provide that
the Minister must be satisfied that the transferee has, or when the
licence is transferred will have, a Responsible Gambling Code of
Conduct that complies with any directions given under section
10.6.6 of the Principal Act and the additional requirements set
37
out in section 10.6.7 of the Principal Act, and has been approved
by the Commission.
Clause 33 also amends new section 6A.3.26 of the Principal Act
to include as a ground of disciplinary action that the keno
licensee has repeatedly breached the licensee's Responsible
Gambling Code of Conduct.
Clause 33 also amends section 6A.3.31(2) of the Principal Act to
provide that the Minister must be satisfied that the temporary
licensee will implement a Responsible Gambling Code of
Conduct that has been approved by the Commission.
Clause 34 amends section 10.6.5 of the Principal Act to insert, in the
definition of relevant person a reference to the wagering and
betting licensee and the keno licensee.
PART 4--REPEAL OF AMENDING ACT
Clause 35 provides for the repeal of this amending Act on 1 December
2009. The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1) of
the Interpretation of Legislation Act 1984).
38