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Gambling Regulation Bill
Victorian Legislation and Parliamentary Documents
Circulation Print
EXPLANATORY MEMORANDUM
General
This is a Bill for an Act to re-enact and consolidate the law relating to various
forms of gambling and to establish a Victorian Commission for Gambling
Regulation. Its main objectives are--
· to foster responsible gambling in order to minimise harm
caused by problem gambling and to accommodate those who
gamble without harming themselves or others;
· to ensure that gaming on gaming machines is conducted
honestly;
· to ensure that the management of gaming machines and
gaming equipment is free from criminal influence and
exploitation;
· to ensure that other forms of gambling permitted under this or
any other Act are conducted honestly and that their
management is free from criminal influence and exploitation;
· to ensure that--
· activities authorised by a minor gaming permit benefit
the community or charitable organisation to which the
permit is issued;
· practices that could undermine public confidence in
community and charitable gaming are eliminated;
· bingo centre operators do not act unfairly in providing
commercial services to community or charitable
organisations;
· to promote tourism, employment and economic
development generally in the State.
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551093 BILL LA CIRCULATION 6/11/2003
The Act will--
· generally prohibit gambling and activities relating to gambling
Victorian Legislation and Parliamentary Documents
unless authorised under the Act or under the Casino Control
Act 1991;
· provide for the conduct under licence of gaming on gaming
machines at approved venues and the casino;
· provide for the licensing of wagering and betting competitions,
including on-course wagering;
· provide for the conduct under licence of public lotteries and
trade promotion lotteries;
· provide for the conduct of club keno games;
· provide for the conduct under licence of interactive gaming;
· provide for the conduct of gaming by community or charitable
organisations;
· provide for the licensing of bingo centre operators and
employees;
· provide for the conduct of gaming on board ships travelling
between Victoria and Tasmania;
· establish the Victorian Commission for Gambling Regulation
to oversee gambling in Victoria;
· continue the Gambling Research Panel;
· provide for the appointment of inspectors and inspection
powers to ensure compliance with the Act;
· set out offences;
· repeal 8 existing Acts that prohibit or regulate various forms of
gambling, amend the Casino Control Act 1991 and make
consequential amendments to other Acts.
The Acts to be repealed are--
Club Keno Act 1993
Gaming and Betting Act 1994
Gaming Machine Control Act 1991
Gaming No. 2 Act 1997
Interactive Gaming (Player Protection) Act 1999
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Lotteries Gaming and Betting Act 1966
Public Lotteries Act 2000
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TT-Line Gaming Act 1993.
Owing to its size, this Bill adopts a numbering system that is different from
the usual system used for Victorian legislation. The first digit in each clause
number is the number of the Chapter. The second digit is the number of the
Part. The third digit is the sequential number of the clause within that Part.
Clause Notes
CHAPTER 1--PRELIMINARY
Clause 1.1 sets out the main purpose of the Bill, which is to consolidate
the law in Victoria relating to various forms of gambling and
to establish the Victorian Commission for Gambling
Regulation. This clause also sets out the main objectives of
the Bill and outlines its contents.
Clause 1.2 sets out the commencement dates for the Bill.
Clause 1.3 defines terms used in the Bill.
Clause 1.4 defines who is an "associate" for the purposes of the Bill.
Clause 1.5 provides for interpretation of references to money or an
amount invested whether in a totalisator or otherwise.
Clause 1.6 provides that the Act will bind the Crown, but does not make
the Crown liable for an offence.
CHAPTER 2--GENERAL PROHIBITION ON
GAMBLING
PART 1--INTRODUCTION
Clause 2.1.1 sets out the purposes of the Chapter. This Chapter re-enacts
the Lotteries Gaming and Betting Act 1966, with only
limited changes.
Clause 2.1.2 sets out definitions for the purposes of Chapter 2.
Clause 2.1.3 limits the application of Chapter 2 to exclude specified
distributions of property, schemes which are not for trade or
business promotion and in which participation is gratuitous,
some private raffles among persons in common employment
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and competitions based on predicting the results of sporting
events and sweepstakes which are non-commercial and where
prizes do not total more than $5000.
Victorian Legislation and Parliamentary Documents
PART 2--PROHIBITION ON LOTTERIES
Division 1--Prohibited Lotteries
Clause 2.2.1 declares lotteries to be contrary to law, and creates offences
related to establishment or conduct of lotteries.
Clauses 2.2.2 is an offence provisions in relation to the establishment or
conduct of lotteries.
Clause 2.2.3 is an offence provision relating to various forms of
advertising of lotteries.
Clause 2.2.4 is an offence provision relating to lottery tickets.
Clause 2.2.5 is an offence provision relating to the keeping of a house or
place for the purpose of conducting a lottery there.
Clause 2.2.6 is an offence provision, prohibiting participation in a lottery
or contributing or receiving money or property for disposition
by lottery.
Division 2--Permitted Lotteries
Clause 2.2.7 provides that no offence is committed against the Chapter in
respect of anything done for the purposes of a raffle, lottery
or other activity authorised by legislation.
Clause 2.2.8 provides that no offence is committed under clause
2.2.1(2)(d) in specified circumstances, including allotment of
prizes of money at an amusement centre where the value of
prize money available at each attempt does not exceed $50.
Clause 2.2.9 provides for Calcutta Sweepstake approvals. An application
may be made by a club, and the approval is by the Minister,
taking into account matters the Minister considers to be
relevant. These may include whether the club is conducted in
good faith and the type of sporting event on which the
sweepstake is to be conducted. The clause sets out the
conditions to which an approval is subject. An approval is
not transferable and may be suspended or revoked by the
Minister.
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PART 3--UNLAWFUL GAMES AND GAMING
Clause 2.3.1 declares to be unlawful a number of games. This should be
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read subject to sub-clause (2), however, which provides that a
game listed in the clause is not unlawful if it is authorised by
a gaming Act or other Act.
Clause 2.3.2 authorises the conduct of two-up on ANZAC Day at RSL
sub-branches and other places approved by the Minister on
the recommendation of the RSL. The game may also be
played at other specified ANZAC Day functions conducted
not more than 7 days before ANZAC Day.
Clause 2.3.3 sets out offences relating to the opening, keeping and use of
common gaming houses and places.
Clause 2.3.4 prohibits playing or betting at an unlawful game or, in a
public place, playing or betting at a game or pretended game
of chance.
Clause 2.3.5 is a deeming clause, under which a person who wins by
cheating at cards or in other specified circumstances is taken
to be guilty of obtaining money by a false pretences with
intent to cheat or defraud.
PART 4--GAMING OR WAGERING
Clause 2.4.1 provides that a gaming or wagering agreement is void, except
as provided in clause 2.4.2.
Clause 2.4.2 sets out exemptions from the general prohibition (in
clause 2.4.1) on gaming or wagering agreements.
PART 5--BETTING
Division 1--Betting Houses and Places of Betting
Clause 2.5.1 defines "betting houses" and "places of betting", which are
declared to be contrary to law.
Clause 2.5.2 sets out offences in relation to betting houses and places of
betting.
Clause 2.5.3 aids in the interpretation of clause 2.5.2, and allows for the
recovery of money or a valuable thing in the appropriate
court.
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Clause 2.5.4 limits the operation of clauses 2.5.1-2.5.3 so that they do not
apply to money or a valuable thing be paid to the winner of a
horse race or other lawful game or exercise.
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Clause 2.5.5 prohibits specified advertising of a betting house or place of
betting.
Clause 2.5.6 sets out offences relating to invitations to bet.
Division 2--Betting in Public Places
Clause 2.5.7 defines "bookmaker" for the purposes of the Division.
Clause 2.5.8 creates offences relating to use of public places for betting.
Clause 2.5.9 aids in the interpretation of clause 2.5.8, and allows for the
recovery of money or a valuable thing in the appropriate
court.
Clause 2.5.10 provides for permitted sports betting in public places.
Division 3--Betting with Minors
Clause 2.5.11 defines "gambling document" for the purposes of Division 3.
Clause 2.5.12 sets out offences relating to betting with a minor.
Clause 2.5.13 provides that a person who bets with a minor is to be taken to
have known that the person was a minor, except where the
person proves that he or she believed on reasonable grounds
that the person was not a minor.
Division 4--Totalisators
Clause 2.5.14 sets out offences in relation to totalisators.
Division 5--Advertisements, Communications etc, about Betting
Clause 2.5.15 sets out offences in relation to publication of information
about betting on sporting events or unlawful games.
Clause 2.5.16 provides exceptions to the offence provisions in
clause 2.5.15.
Clause 2.5.17 is an offence provision relating to betting information and
lists which relate to betting, totalisators or unlawful games.
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Clause 2.5.18 is an offence provision relating to the sending of information
to a person who is not on a racecourse about betting odds at
the race-meeting.
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Clause 2.5.19 provides exemptions from the offence under clause 2.5.18.
Division 6--Common Gaming Houses
Clause 2.5.20 defines "common gaming house or place" for the purposes of
the Division.
Clause 2.5.21 empowers a magistrate, on application by a member of the
police force, to issue a special warrant to enter a place
suspected of being a common gaming house or place.
Clause 2.5.22 is an offence provision which deals with obstruction or delay
to a member of the police force who is authorised to enter a
house under a warrant issued under clause 2.5.21.
Clause 2.5.23 is an evidentiary provision relating to common gaming
houses or places.
Clause 2.5.24 is an offence provision relating to a person who allows a
house or place to be used as a common gaming house or
place.
Clause 2.5.25 empowers an owner to serve a notice to quit if the owner has
reasonable grounds to suspect that a house or place is a
common gaming house or place.
Clause 2.5.26 provides for cancellation of a notice to quit.
Clause 2.5.27 provides for the Magistrates' Court, on application by an
officer of police, to declare a house or place to be a common
gaming house or place.
Clauses 2.5.28 provides for rescission of a declaration on application by an
owner, agent, mortgagee or occupier.
Clause 2.2.29 provides for rescission of a declaration on application by an
officer of police.
Clause 2.5.30 requires publication in the Government Gazette of notice of a
declaration or rescission.
Clause 2.5.31 contains notice requirements additional to that in
clause 2.5.30.
Clauses 2.5.32 is an offence provision relating to persons found in a declared
common gaming house or place.
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Clause 2.2.33 is an offence provision relating to a person who has been
convicted of an indictable offence being found in a declared
common gaming house or place.
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Clause 2.5.34 prohibits the conduct of business in a declared common
gaming house or place.
Clause 2.5.35 is an offence provision for the owner of a declared common
gaming house or place which is used as a common gaming
house or place.
Clause 2.2.36 is an offence provision for the occupier of a declared
common gaming house or place which is used as a common
gaming house or place.
Clause 2.5.37 provides for additional penalties for a continuing offence
against clause 2.5.35 or 2.5.36.
Clause 2.5.38 provides arrest, search and seizure powers for members of the
police force in relation to declared common gaming houses
and places.
Clause 2.5.39 empowers a magistrate, on application by a member of the
police force, to issue a warrant to enter a house or place if the
member suspects on reasonable grounds that the owner or
occupier is allowing it to be used as a means of access to or
exit from a common gaming house (an "accessory house or
place").
Clauses 2.5.40 sets out the procedures which apply if a person is found
entering or leaving or leaving a house or place when it is
entered under a warrant.
Clause 2.5.41 provides for the issue of certificates to witnesses.
Clause 2.5.42 sets out the effect of a certificate issued to a witness.
Clause 2.5.43 is an offence provision relating to a person found in a
common gaming house or place without lawful excuse.
Clause 2.5.44 is an offence provision relating to a person who disguises
himself or herself in a common gaming house or place.
Division 7--Services relating to Betting
Clause 2.5.45 is an offence provision relating to the promotion of
unauthorised betting.
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PART 6--GENERAL
Clause 2.6.1 prohibits the possession of instruments of betting.
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Clause 2.6.2 provides for search for, and seizure of, instruments of betting.
Clause 2.6.3 allows recovery where money which has been stolen or
embezzled is used for a wager or bet.
Clause 2.6.4 is a deeming provision about persons who are appear to have
the care and management of a house or place that is open,
kept or used as a common gaming house or place.
Clause 2.6.5 is an evidentiary provisions for the purposes of Chapter 2.
Clause 2.6.6 allows transport of instruments of gaming in a ship in limited
circumstances.
Clause 2.6.7 provides for liability of an employer or principal for offences
committed by persons in the course of employment or while
acting as agent.
Clause 2.6.8 makes provision to ensure that members of the police force or
persons acting under written instructions are not found guilty
of an offence under the Chapter.
Clause 2.6.9 authorises members of the police force to enter and remain in
any "public place" (as defined in this Chapter) for the
purposes of this Chapter.
CHAPTER 3--GAMING MACHINES
PART 1--INTRODUCTION
Clause 3.1.1 sets out the purpose of the Chapter, which is to establish a
system for the regulation, supervision and control of gaming
machines and gaming equipment with the aims of--
· ensuring that gaming on gaming machines is conducted
honestly;
· ensuring that the management of gaming machines and
gaming equipment is free from criminal influence or
exploitation;
· regulating the use of gaming machines in casinos and
other approved venues where liquor is sold;
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· regulating the activities of persons in the gaming
machine industry;
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· promoting tourism, employment and economic
development generally in the State;
· fostering responsible gambling in order to--
· minimise harm caused by problem gambling; and
· accommodate those who gamble without
harming themselves or others.
Clause 3.1.2 sets out the definitions used in Chapter 3.
Clause 3.1.3 provides that the Governor in Council may declare machines
to be gaming machines. This clause is based on section 6 of
the Gaming Machine Control Act 1991.
Clause 3.1.4 sets out what is meant by "conduct of gaming" in this
Chapter, and what constitutes playing a gaming machine for
the purposes of this Chapter.
Clause 3.1.5 states how Chapter 3 applies to a casino operator.
This clause is based on section 32 of the Gaming Machine
Control Act.
Clause 3.1.6 provides that Chapter 3 applies to Tabaret premises as if they
were premises in respect of which a club licence is in force.
PART 2--GENERAL AUTHORISATION FOR GAMING ON
GAMING MACHINES
Division 1--Legality of Gaming Machine Gaming
Clause 3.2.1 declares gaming in an approved venue or casino lawful.
This clause is based on section 11 of the Gaming Machine
Control Act.
Clause 3.2.2 allows the Commission for Gambling Regulation to authorise
possession of a gaming machine in specified circumstances.
This clause is based on sections 7 and 8 of the Gaming
Machine Control Act.
Division 2--Ministerial Directions and Regional Limits
Clause 3.2.3 enables the Minister to make directions as to requirements for
gaming machines. This clause is based on section 12 of the
Gaming Machine Control Act.
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Clause 3.2.4 provides for the Minister to declare regional limits on gaming
machines. This clause is based on section 12AA of the
Gaming Machine Control Act.
Victorian Legislation and Parliamentary Documents
Clause 3.2.5 provides that no compensation is payable by the State in
respect of any direction given or anything done in relation to
actions to enforce the regional limits imposed under
section 3.2.4. This clause is based on section 12AB of the
Gaming Machine Control Act.
PART 3--APPROVAL OF PREMISES FOR GAMING
Division 1--Introduction
Clause 3.3.1 outlines the contents of Part 3, being the procedure for
obtaining premises approvals and approval for 24 hour
gaming.
Division 2--Premises Approval
Clause 3.3.2 provides that application for approval may be made for
premises holding a pub licence, a club licence or a racing
club licence. This clause is based on section 12A of the
Gaming Machine Control Act.
Clause 3.3.3 provides that premises which are--
· in the Melbourne Statistical Division; and
· hold a pub licence or a club licence authorising the
supply of liquor at any time--
may be approved for 24 hour gaming.
Clause 3.3.4 provides for an application to be made for approval of
premises, and the material that must accompany an
application including requirements in relation to planning
permits. This clause is based on sections 12B(1)-(3B) of the
Gaming Machine Control Act with additional requirements in
relation to planning permits.
Clause 3.3.5 requires an applicant to notify the responsible authority.
Clause 3.3.6 allows 60 days (or longer, if allowed by the Commission) for
the relevant responsible authority to make a submission to the
Commission on an application for premises approval.
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Clause 3.3.7 sets out the matters to be taken into consideration by the
Commission in determining an application for premises
approval. If the responsible authority has not made a
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submission under clause 3.3.6, the Commission is required to
seek its views.
Clause 3.3.8 makes provision about the Commission's determination of the
application.
Clause 3.3.9 sets out the conditions to which every premises approval is
subject, and also what additional conditions may be imposed,
including a condition that the approval does not take effect
until the applicant has satisfied the Commission that a
planning permit applies to the premises.
Clause 3.3.10 provides that a premises approval remains in force until it is
revoked or surrendered.
Clause 3.3.11 requires an approval holder to inform the Commission, in
writing, of any change in the size or layout of the premises,
and provides power for the Commission to approve that
change. This clause is based on sections 12H(2B) and (2C)
of the Gaming Machine Control Act.
Clause 3.3.12 sets out a mechanism by which the Commission can revoke a
premises approval. This clause is based on section 12K of
the Gaming Machine Control Act.
Clause 3.3.13 provides for automatic revocation of a premises approval if
any action is taken against the liquor licence that would
prevent the premises trading under the liquor licence.
This clause is based on section 12L of the Gaming Machine
Control Act.
Clause 3.3.14 provides for VCAT review of a Commission decision in
relation to premises approval, on the application of the
applicant or a responsible authority that made a submission to
the Commission on an application for approval of premises.
Clause 3.3.15 allows for the surrender of a premises approval.
Division 3--Modification of Gaming Machine Areas
Clauses 3.3.16 provides for the Commission to approve modifications to the
gaming machine area of a venue. This clause is based on
section 29 of the Gaming Machine Control Act.
Clause 3.3.17 provides for an appeal to the Commission against a decision
by a single commissioner under clause 3.3.16.
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PART 4--LICENSING OF OPERATOR, EMPLOYEES AND
TECHNICIANS AND LISTING OF MANUFACTURERS,
SUPPLIERS AND TESTERS
Victorian Legislation and Parliamentary Documents
Division 1--Authority conferred by Licences and Listing
Clauses 3.4.1 sets out the authority that is conferred by a venue operator's
licence. This clause is based on section 13 of the Gaming
Machine Control Act.
Clause 3.4.2 sets out the authority that is conferred by a gaming operator's
licence. This clause is based on section 14 of the Gaming
Machine Control Act.
Clause 3.4.3 sets out the authority that is conferred by a special employee's
licence. This clause is based on section 15 of the Gaming
Machine Control Act.
Clause 3.4.4 sets out the authority that is conferred by a technician's
licence. This clause is based on section 16 of the Gaming
Machine Control Act.
Clause 3.4.5 sets out the authority that is conferred by a listing on the Roll.
This clause is based on section 17 of the Gaming Machine
Control Act.
Clause 3.4.6 provides that it is an offence to breach the conditions of a
venue operator's licence. This clause is based on section 18
of the Gaming Machine Control Act.
Clause 3.4.7 provides that it is an offence to breach the conditions to
which a listing on the Roll is subject. This clause is based on
section 18A of the Gaming Machine Control Act.
Division 2--Venue Operator's Licence
Clauses 3.4.8 sets out the procedure for an application for a venue
operator's licence.
Clause 3.4.9 prohibits the issue of a venue operator's licence to a gaming
operator.
Clause 3.4.10 provides for objections to the grant of a venue operator's
licence.
Clause 3.4.11 sets out the considerations for determination of a venue
operator's licence.
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Clause 3.4.12 requires the Commission to determine an application, and
provides for the imposition of conditions. A licence must
specify the premises, the number of gaming machines
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permitted, and the gaming machine areas.
Clause 3.4.13 provides for a Register of Venue Operators and Approved
Venues.
Clause 3.4.14 requires a corporate venue operator to nominate a person to
be licensee.
Clause 3.4.15 provides that a venue operator's licence is non-transferable.
Clause 3.4.16 provides for renewal of a venue operator's licence.
Clauses 3.4.17 provides for amendment to the conditions of a venue
operator's licence. Where the amendment sought is variation
of the day or days on which 24 hour gaming is permitted in
the venue, clause 3.4.17(3) provides that the application may
only be proposed for premises that are in the Melbourne
Statistical Division, holding a 24 hour pub or club licence.
Clause 3.4.18 deals with the procedure for a request by a venue operator for
amendment of licence conditions.
Clause 3.4.19 where the amendment sought is an increase in the numbers of
gaming machines allowed in a venue this clause requires the
applicant to notify the responsible authority, which can then
make a submission to the Commission within 60 days.
Clause 3.4.20 sets out considerations applying to a proposed amendment.
In determining an application for amendment to increase the
number of gaming machines, the Commission must have
consider the economic and social impact of the proposed
increase and any applicable regional limits.
Clause 3.4.21 provides for VCAT review of a decision by the Commission
in relation to a proposal to increase gaming machine numbers
in a venue by the applicant or by a council that made a
submission on the application.
Clause 3.4.22 requires the venue operator to give written notice to the
Commission if certain applications are made concerning the
liquor licence of an approved venue. This clause is based on
section 28 of the Gaming Machine Control Act.
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Clause 3.4.23 requires the venue operator to give written notice to the
Commission in relation to its incorporated association or
body corporate status. This clause is based on section 28A of
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the Gaming Machine Control Act.
Clause 3.4.24 provides for endorsement of the venue operator's licence and
of the Register to amend the name and address of the venue
operator or to include premises on the licence as an approved
venue. This clause is based on section 28B of the Gaming
Machine Control Act.
Clause 3.4.25 provides for the initiation of disciplinary action against a
venue operator.
Clause 3.4.26 provides for the issue of a letter of censure to a venue
operator, and, if it is not complied with, for cancellation,
variation or suspension of the operator's licence.
Clause 3.4.27 provides for suspension of a venue operator's licence pending
certain criminal proceedings. This clause is based on
section 30(7A) of the Act.
Clause 3.4.28 provides for the Commission to grant a provisional venue
operator's licence. This clause is based on section 31 of the
Gaming Machine Control Act.
Division 3--Gaming Operator's Licence
Clauses 3.4.29 provides for the grant of a gaming operator's licence to the
Trustees or any other person. This clause is based on
section 33 of the Gaming Machine Control Act.
Clause 3.4.30 provides for imposition of a premium payment before the
grant of a licence under section 3.4.29.
Clause 3.4.31 sets out considerations applying to the grant of a gaming
operator's licence.
Clause 3.4.32 provides that a gaming operator's licence is granted for the
term specified by the Minister.
Clause 3.4.33 deals with entitlements of former licensees in specified
circumstances.
Clause 3.4.34 provides for amendment to the conditions of a gaming
operator's licence.
Clause 3.4.35 provides that a gaming operator's licence is non-transferable.
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Clause 3.4.36 deals with disciplinary action against a gaming operator,
based on the provisions of section 38 of the Gaming Machine
Control Act.
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Clause 3.4.37 provides for cancellation of a gaming operator's licence.
This clause is based on section 38A of the Gaming Machine
Control Act.
Division 4--Special Employee's Licence
Clauses 3.4.38 sets out definitions for the purposes of the Division.
The provisions of this Division are based on sections 39 to 54
of the Gaming Machine Control Act.
Clause 3.4.39 requires a person exercising the functions of a special
employee to be licensed.
Clause 3.4.40 provides for a natural person to make application for a special
employee's licence.
Clause 3.4.41 sets out considerations applying to a decision whether to
grant a special employee's licence.
Clause 3.4.42 makes provision about conditions applying to a licence.
Clause 3.4.43 provides for appeal to the Commission from a decision of a
single commissioner.
Clause 3.4.44 requires special employees to wear identification.
Clause 3.4.45 provides for provisional special employee's licences.
Clause 3.4.46 provides that a special employee's licence has a duration of
10 years unless cancelled or surrendered.
Clause 3.4.47 provides for renewal of a special employee's licence.
Clause 3.4.48 provides for disciplinary action against the holder of a special
employee's licence.
Clause 3.4.49 provides for suspension of a special employee's licence if the
licensee is charged with or convicted of a relevant offence.
Clause 3.4.50 sets out the effect of a licence suspension.
Clause 3.4.51 provides for return of a licence if it is suspended or cancelled.
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Clause 3.4.52 requires a venue operator or gaming operator to terminate the
employment of a person whose special employee's licence
has been suspended or cancelled.
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Clause 3.4.53 enables the Commission to require a holder of a special
employee's licensee to produce information or records
relevant to the holding of the licence. This clause is based on
section 55 of the Gaming Machine Control Act.
Clause 3.4.54 requires a venue operator to ensure that a person employed
by that operator as a special employee has undertaken a
training course approved by the Commission, that relates to
the responsible provision of gaming.
Division 5--Technician's Licence
Clauses 3.4.55 sets out definitions for the purposes of this Division.
The Division is based on sections 55 to 60 of the Gaming
Machine Control Act in relation to the licensing of
technicians.
Clause 3.4.56 prohibits the employment of a person to perform the
functions of a technician unless the person has an appropriate
technician's licence.
Clause 3.4.57 applies the provisions of Division 4 to the licensing of
technicians (other than the compulsory training
requirements).
Clause 3.4.58 prohibits an unlicensed person from servicing gaming
equipment, or the employment of an unlicensed person to
service gaming equipment.
Division 6--Casino and Bingo Employees
Clause 3.4.59 sets out a fast tracking procedure for the holders of casino
special employee licences and bingo special employee
licences to apply for and be granted a gaming special
employee's licence. This clause is based on section 56 of the
Gaming Machine Control Act.
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Division 7--Roll of Manufacturers, Suppliers and Testers
Clauses 3.4.60 requires the Commission to keep a Roll of Manufacturers,
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Suppliers and Testers. The provisions of this Division are
based on sections 62 to 67 of the Gaming Machine Control
Act.
Clause 3.4.61 provides for an application for listing on the Roll.
Clause 3.4.62 provides for objections to applications for listing on the Roll.
Clause 3.4.63 provides for determination of applications and relevant
considerations.
Clause 3.4.64 deals with conditions of listing on the Roll.
Clause 3.4.65 provides for disciplinary action against persons on the Roll.
Clause 3.4.66 provides for the issue of a letter of censure and, if a direction
is not complied with, removal of a person's name from the
Roll.
Clause 3.4.67 provides for voluntary removal of a person's name from the
roll.
Clause 3.4.68 prohibits a person on the Roll from making payment to a
venue operator.
PART 5--CONTROL OF GAMING
Division 1--Manufacturing and Obtaining Gaming Machines
Clause 3.5.1 provides that manufacture, sale, supply, obtaining or
possession of gaming machines is an offence, and allows for
possession etc in limited circumstances with the authority of
the Commission. This clause is based on section 7 of the
Gaming Machine Control Act.
Clause 3.5.2 provides that Commission approval must be obtained for
certain contracts between gaming machine operators and
venue operators. This clause is based on section 68 of the
Gaming Machine Control Act.
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Division 2--Controls over Gaming Machines and Games
Clause 3.5.3 provides for the Commission to make standards for gaming
Victorian Legislation and Parliamentary Documents
machine types and games. This clause is based on
section 68A of the Gaming Machine Control Act, with the
addition that the Commission can now publish the standards
on the Internet.
Clauses 3.5.4 provides for the Commission to evaluate and approve or
refuse to approve gaming machine types and games, having
regard to player return, game fairness and security and
responsible gaming, technical standards, and a tester's
certificate. This clause is based on section 69 of the Gaming
Machine Control Act.
Clause 3.5.5 provides for the Commission to evaluate and approve or
refuse to approve modifications to gaming machine types and
games, having regard to player return, game fairness and
security and responsible gaming, technical standards, and a
tester's certificate. This clause is based on section 69 of the
Gaming Machine Control Act.
Clause 3.5.6 provides for the Commission to withdraw approval of a
gaming machine type or game on specified grounds, and
requires the Commission to provide notice of the withdrawal,
and allow reasonable time for an operator to remove the
gaming machine or game from use. The clause also provides
that it is an offence to permit a gaming machine or game to
be played if approval has been withdrawn. This clause is
based on section 70 of the Gaming Machine Control Act.
Clause 3.5.7 provides that linked jackpots are unlawful without approval.
This clause is based on section 71 of the Gaming Machine
Control Act.
Clause 3.5.8 requires gaming machines to be numbered. This clause is
based on section 72 of the Gaming Machine Control Act.
Clause 3.5.9 prohibits gaming on unprotected devices. This clause is
based on section 73 of the Gaming Machine Control Act.
Clause 3.5.10 prohibits interference with gaming equipment. This clause is
based on section 74 of the Gaming Machine Control Act.
Clause 3.5.11 prohibits breaking of seals and interference with gaming
machines, computer cabinets and security devices.
This clause is based on section 75 of the Gaming Machine
Control Act.
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Clause 3.5.12 empowers the Commission to test electronic monitoring
systems to check on compliance with the Act and regulations.
This clause is based on section 75A of the Gaming Machine
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Control Act.
Clause 3.5.13 prohibits use of electronic monitoring systems which have
not been approved by the Commission. This clause is based
on section 75B of the Gaming Machine Control Act.
Clause 3.5.14 controls access to gaming machines. This clause is based on
section 76 of the Gaming Machine Control Act.
Clauses 3.5.15 provides for controls on the installation and storage of
gaming machines. This clause is based on section 77 of the
Gaming Machine Control Act.
Clause 3.5.19 regulates the use of gaming tokens in a venue. This clause is
based on section 82 of the Gaming Machine Control Act.
Clause 3.5.20 makes provision about malfunctioning of gaming machines,
based on section 83 of the Gaming Machine Control Act.
Clause 3.5.21 prohibits an operator allowing use of an installed gaming
machine if it does not function correctly. This clause is based
on section 84 of the Gaming Machine Control Act.
Clause 3.5.22 makes provision in relation to after hours gaming based on
section 77A of the Gaming Machine Control Act.
Clause 3.5.23 provides for rules to be made by the Commission about
gaming machine areas and the conduct of gaming in
approved venues. This clause is based on section 78 of the
Gaming Machine Control Act.
Clause 3.5.24 provides for disallowance of rules.
Clause 3.5.25 requires a venue operator or casino operator to display a
notice informing patrons where a copy of the rules may be
inspected. This clause is based on section 79 of the Gaming
Machine Control Act.
Clause 3.5.26 requires a venue operator or casino operator to enforce the
rules made by the Commission.
Clause 3.5.27 provides for the Commission to give directions relating to the
conduct of gaming, the keeping or inspection of financial
records or the administration of the approved venue.
This clause is based on section 80 of the Gaming Machine
Control Act.
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Clause 3.5.28 is an offence provision relating to dishonest actions in
relation to gaming or the conduct of gaming, corresponding
to section 146 of the Gaming Machine Control Act.
Victorian Legislation and Parliamentary Documents
Division 3--Responsible Gaming Measures
Clause 3.5.29 bans large denomination note acceptors and autoplay
machines. This clause is based on section 77B of the Gaming
Machine Control Act.
Clause 3.5.30 sets a minimum spin rate on gaming machines. This clause is
based on section 77C of the Gaming Machine Control Act.
Clause 3.5.31 prohibits the provision of credit in gaming venues, and
controls cheque cashing and ATM withdrawals in venues.
This clause is based on section 81 of the Gaming Machine
Control Act.
Clause 3.5.32 prohibits the provision of cash facilities in an approved venue
that allow a person to obtain, in one transaction, more than
$200. This clause is based on section 81A of the Gaming
Machine Control Act.
Clause 3.5.33 prohibits payment of winnings exceeding $2000 other than
by cheque. This section is based on section 81B of the
Gaming Machine Control Act.
Division 4--Gaming Machine Advertising
Clause 3.5.34 bans the publication of gaming machine advertising outside
gaming machine areas or the casino boundary.
Gaming machine advertising does not include information
about problem gambling or technical information about how
gaming machines operate.
Clause 3.5.35 bans gaming machine related signs. The clause provides
for exclusions to be prescribed by the regulations.
Such exceptions are expected to provide for informational
and directional signage.
Division 5--Loyalty Schemes
Clause 3.5.36 imposes restrictions on admission to a loyalty scheme.
This clause is based on section 82A of the Gaming Machine
Control Act.
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Clause 3.5.37 requires provision of player activity statements. This clause
is based on section 82B of the Gaming Machine Control Act.
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Clause 3.5.38 provides for suspension of persons who fail to collect player
activity statements. This clause is based on section 82C of
the Gaming Machine Control Act.
Clause 3.5.39 provides for opting out of loyalty schemes, based on
section 82D of the Gaming Machine Control Act.
Clause 3.5.40 prohibits advertising to a person who has been removed from
a loyalty scheme. This clause is based on section 82E of the
Gaming Machine Control Act.
Clause 3.5.41 requires a loyalty scheme provider to allow participants to
access information held about their participation in the
scheme. This clause is based on section 82F of the Gaming
Machine Control Act.
Division 6--Removal of People
Clause 3.5.42 specifies that this Division does not apply to a casino
operator or a casino.
Clause 3.5.43 allows a venue operator to remove or refuse entry to a person
in certain circumstances.
Division 7--Minors
Clauses 3.5.44 provides definitions for the purposes of this Division.
The Division is based on sections 88 to 97 of the Gaming
Machine Control Act.
Clause 3.5.45 specifies that the Division does not apply to a casino operator
or a casino, nor to an approved venue outside its hours of
operation.
Clause 3.5.46 prohibits entry into a gaming machine area by a minor.
Clause 3.5.47 prohibits minors playing gaming machines in an approved
venue.
Clause 3.5.48 establishes related offences applying to venue operators.
Clause 3.5.49 requires venue operators and employees to refuse minors
entry into gaming machine areas in the absence of acceptable
proof of age.
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Clause 3.5.50 empowers venue operators, inspectors and police to require a
suspected minor to provide evidence of identity.
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Clause 3.5.51 establishes an offence for a minor to provide materially false
evidence of age.
Clause 3.5.52 empowers the Commission to require venue operators to
display notices about exclusion of minors.
Clause 3.5.53 provides for entry of apprentices into a gaming machine area
in the course of their apprenticeship.
PART 6--RETURNS TO PLAYERS, LEVIES AND TAXES
Division 1--Returns to Players
Clause 3.6.1 specifies the returns to players from gaming machines.
This clause is based on section 135 of the Gaming Machine
Control Act.
Division 2--Taxes and Levies
Clause 3.6.2 provides definitions for the purposes of the Division.
Clause 3.6.3 provides for a gaming operator to pay a health benefit levy
and specifies how that levy is to be calculated. This clause is
based on section 135A of the Gaming Machine Control Act.
Clause 3.6.4 provides for the hypothecation of the health benefit levy,
based on section 135B of the Act.
Clause 3.6.5 requires the Trustees to pay a supervision charge. This clause
is based on section 135D of the Gaming Machine Control
Act.
Clause 3.6.6 provides for returns by gaming operators in respect of
gaming machines. This clause and clause 3.6.7 are based
on section 136 of the Gaming Machine Control Act.
Clause 3.6.7 requires a gaming operator to pay an additional amount equal
to 7% of daily net cash balances during a determined period.
Clause 3.6.8 provides for the Commission to declare a different rate of
return in relation to a venue operator in specified
circumstances. This clause is based on section 136A of the
Gaming Machine Control Act.
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Clause 3.6.9 provides for each venue operator who received gaming
revenue on a financial year to prepare and lodge a community
benefit statement in relation to that financial year.
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This clause is based on section 136AB of the Gaming
Machine Control Act.
Clause 3.6.10 provides for interest to be payable on late returns under this
Division. This clause is based on section 136B of the
Gaming Machine Control Act.
Clause 3.6.11 provides for an equivalent amount to the amount paid into the
Consolidated Fund under clause 3.6.6(2)(d) in respect of
returns by gaming operators to be paid into the Hospitals and
Charities Fund and the Mental Health Fund. This clause is
based on section 137 of the Gaming Machine Control Act.
Clause 3.6.12 provides for an equivalent amount to the amount paid into the
Consolidated Fund under clause 3.6.6(2)(c) in respect of
returns by gaming operators to be paid into the Community
Support Fund. This clause is based on section 138(2) of the
Gaming Machine Control Act.
PART 7--COMPLIANCE REQUIREMENTS
Division 1--Introduction
Clause 3.7.1 defines "operator" as used in this Part to mean the holder of a
gaming operator's licence under Chapter 3 (currently Tatts)
and the holder of a gaming and wagering licence under
Chapter 4 (currently Tabcorp), and a company declared as an
operator in relation to such a licence.
Clause 3.7.2 provides that this Part does not apply in respect of casino
transactions or operations. It re-enacts section 130 of the
Gaming Machine Control Act.
Sub-clause (2) specifies that Division 2 does not apply to
banking accounting etc records that do not form part of or
record the business of an operator under this Chapter
(i.e. in relation to gaming activities).
Division 2--Banking, Accounting and Auditing
Clause 3.7.3 sets out requirements that apply to operators in relation to
banking transactions. The provisions of this Division are
based on sections 131 to 133 of the Gaming Machine Control
Act.
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Clause 3.7.4 imposes requirements on operator in relation to accounting
records, which must be in a form required by the
Commission.
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Clause 3.7.5 requires that an operator keep documents relating to its
operations at the approved venue or principal place of
business. Records are to be retained for at least 7 years.
Clause 3.7.6 sets out the audit requirements in relation to a holder of a
gaming operator's licence and a company declared as an
operator in relation to that licence.
PART 8--ONGOING MONITORING
Clause 3.8.1 provides for the Commission to specify changes in the
situation of a licensee, an associate or an operator under the
Chapter of which the Commission must be informed.
This clause is based on section 142 of the Gaming Machine
Control Act.
Clause 3.8.2 requires a venue operator, a gaming operator or a person
listed on the Roll who becomes aware that a person is likely
to become an associate, to notify the Commission as soon as
practicable, and to ensure that person does not become an
associate without the prior written approval of the
Commission. This clause is based on section 142A(2) of
the Gaming Machine Control Act.
Clause 3.8.3 provides for the investigation by the Commission of
associates or likely associates of a venue operator, a gaming
operator or a person listed on the Roll. This clause is based
on sections 142A(1) and 142A(6) of the Gaming Machine
Control Act.
Clause 3.8.4 provides for the Commission to require termination of an
association between an associate and a venue operator,
gaming operator or person listed on the Roll if the
Commission determines that the associate is unsuitable.
This clause is based on sections 142A(3) to 142A(5) of the
Gaming Machine Control Act.
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PART 9--GENERAL
Division 1--Declared Operator of Gaming Operator's Licence
Victorian Legislation and Parliamentary Documents
Clause 3.9.1 provides for the declaration of a company as an operator in
relation to a gaming operator's licence. This Division is
based on sections 3A to 3E of the Gaming Machine Control
Act.
Clause 3.9.2 provides for a corporate holder of a gaming operator's licence
to apply to the Commission for approval of a wholly-owned
subsidiary.
Clause 3.9.3 provides for approval by the Commission.
Division 2--General
Clause 3.9.4 provides that the Commission has no power to request,
require or accept payment from any person in respect of the
whole or part of any cost of investigating persons on the Roll
or their associates.
Clause 3.9.5 provides for appeals from Commission decisions to the
Supreme Court. This clause is based on section 156 of the
Gaming Machine Control Act.
Clause 3.9.6 provides for the Commission to seek an injunction against a
venue operator or a gaming operator in respect of conduct
that constitutes or would constitute a contravention of a
provision of this Chapter. This clause is based on section 87
of the Gaming Machine Control Act.
CHAPTER 4--WAGERING AND BETTING
PART 1--INTRODUCTION
Clause 4.1.1 sets out the purpose of the Chapter, which is to make
provision for the carrying on of licensed wagering and betting
by specified means and to provide for the issue of a gaming
licence in conjunction with the issue of a wagering licence,
allowing the licensee to conduct gaming in accordance with
Chapter 3.
Clause 4.1.2 defines terms used in this Chapter.
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Clause 4.1.3 provides that the Treasurer may exempt a totalisator from
wagering taxes if it is not connected with Victorian wagering
or approved betting competitions. This clause is based on
Victorian Legislation and Parliamentary Documents
section 3(3) of the Gaming and Betting Act 1994.
PART 2--GENERAL AUTHORISATION FOR WAGERING
AND BETTING
Division 1--Legality of Wagering and Betting
Clause 4.2.1 provides that the conduct of wagering and approved betting
competitions is lawful when conducted in accordance with
this Chapter. This clause is based on section 68 of the
Gaming and Betting Act.
Clause 4.2.2 provides that use of a totalisator in accordance with this
Chapter is lawful. This clause is based on section 69 of the
Gaming and Betting Act.
Clause 4.2.3 provides that the licensee or a wagering operator or the
holder of a permit must not use any totalisator equipment
without obtaining the Commission's approval of the
equipment. This clause is based on section 70 of the Gaming
and Betting Act.
Division 2--Betting Rules
Clause 4.2.4 provides that the licensee or an operator or the holder of an
on-course wagering permit must not conduct a totalisator or
an approved betting competition without betting rules.
This clause is based on section 71 of the Gaming and Betting
Act.
Clause 4.2.5 requires the licensee to make betting rules and sets out the
subject matter of such rules, based on section 72 the Act.
Clause 4.2.6 provides for disallowance of betting rules by the
Commission.
PART 3--WAGERING LICENCE AND GAMING LICENCE
Division 1--Authority of Licences
Clause 4.3.1 sets out the activities authorised by the wagering licence.
This clause is based on section 6 of the Gaming and Betting
Act.
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Clause 4.3.2 sets out the activities authorised by the gaming licence, based
on section 7 of the Gaming and Betting Act.
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Clause 4.3.3 provides that the Act does not authorise the operation at the
same time of more than one wagering licence or more than
one gaming licence. This clause is based on section 8 of the
Gaming and Betting Act.
Clause 4.3.4 provides that the licences are non-transferable. This clause is
based on section 9 of the Gaming and Betting Act.
Division 2--Grant of Licences
Clause 4.3.5 provides for an application to be made to the Commission
for the grant of a wagering licence and a gaming licence.
This clause is based on section 14 of the Gaming and Betting
Act.
Clause 4.3.6 sets out the criteria for the Commission in determining an
application. This clause is based on section 15 of the Gaming
and Betting Act.
Clause 4.3.7 provides for the Commission to notify the applicant of its
recommendation in relation to the application. This clause is
based on section 19 of the Gaming and Betting Act.
Clause 4.3.8 provides for the granting of a wagering licence and a gaming
licence. This clause is based on sections 20(1) and 20(2) of
the Gaming and Betting Act.
Clause 4.3.9 sets out the duration of the licences, based on sections 20(3)
and 20(4) of the Gaming and Betting Act.
Clause 4.3.10 provides that the conditions of the licences can be amended,
based on section 20(5) of the Gaming and Betting Act.
Clause 4.3.11 specifies that corporate licensees are not, except as otherwise
provided, restricted from exercising the powers of a
corporation.
Division 3--Entitlement of Former Licensee
Clause 4.3.12 provides for the entitlement of the former licensee upon the
grant of new licences. This Division is based on section 21
of the Gaming and Betting Act.
Clause 4.3.13 establishes the licence value of former licences.
Clause 4.3.14 specifies when payment of the entitlement must be made.
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Division 4--Operators
Clause 4.3.15 provides for the appointment of an operator of the wagering
Victorian Legislation and Parliamentary Documents
licence or one or more operators of the gaming licence.
An operator must be a Victorian company and a wholly
owned subsidiary of the licensee. An operator must obtain
the approval of the Commission. This Division is based on
sections 22 to 26 of the Gaming and Betting Act.
Clause 4.3.16 provides for an application to the Commission for approval of
a wholly-owned subsidiary.
Clause 4.3.17 provides for approval of a wholly-owned subsidiary,
including the considerations which are relevant to the
decision.
Division 5--Regulating of Shareholdings
Clauses 4.3.18 lists definitions for the purposes of the Division and contains
interpretative provisions. This Division is based on Part 4 of
the Gaming and Betting Act with the exception of section 62.
Clause 4.3.19 limits the application of the Division.
Clause 4.3.20 specifies that a person has a prohibited shareholding interest
in the licensee if the person has a voting power of more than
10% in the licensee.
Clause 4.3.21 provides for relevant information to be obtained about
shareholdings.
Clause 4.3.22 empowers the Minister to serve a notice declaring that shares
must be disposed of.
Clause 4.3.23 deals with voting rights of shares.
Clause 4.3.24 empowers the Minister to serve notice voiding a resolution
which has been passed as a result of wrongful admission of
votes.
Clause 4.3.25 makes provision about review and revocation of declarations
of the Minister.
Clause 4.3.26 provides a right of appeal to the Supreme Court against a
declaration of the Minister.
Clause 4.3.27 provides for sale of forfeited shares.
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Division 6--Further Licensing Restrictions and Requirements
Clause 4.3.28 sets out restrictions on the permitted associations of a director
Victorian Legislation and Parliamentary Documents
of an operator or a director of the licensee under this Chapter.
This clause is based on section 27 of the Gaming and Betting
Act.
Clause 4.3.29 provides that the licensee and others are not to be associated
with certain other activities authorised under a gaming Act.
This clause is based on section 31 of the Gaming and Betting
Act.
Clause 4.3.30 defines a major change and a minor change in the situation
of a licensee or an operator, and requires the licensee or
operator to inform the Commission of such a change. It also
requires the licensee or operator to obtain the prior approval
of the Commission for that change if it is a major change.
This clause is based on section 30 of the Gaming and Betting
Act.
Division 7--Disciplinary Action and Cancellation
Clauses 4.3.31 provides for disciplinary action to be taken by the
Commission against a licensee or an operator.
The provisions of this Division are based on sections 32
to 34 of the Gaming and Betting Act.
Clause 4.3.32 empowers the Commission, with the consent of the Minister,
to apply to the Supreme Court for cancellation of the
wagering licence and the gaming licence.
Clause 4.3.33 provides for appointment of a temporary licensee for a period
of up to 6 months (with not more than one renewal) following
cancellation of the licences.
PART 4--ON-COURSE WAGERING PERMIT
Division 1--Authority of Permit
Clauses 4.4.1 provides for on-course wagering permits. This and the
following clauses are based on sections 35 to 49 of the
Gaming and Betting Act.
Division 2--Grant of Permit
Clause 4.4.2 sets out requirements for a permit application.
Clause 4.4.3 sets out criteria for determination of a permit application.
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Clause 4.4.4 provides for the Commission to grant a permit for a term of
12 months. The permit is subject to conditions determined by
the Commission and set out in the permit--these may
Victorian Legislation and Parliamentary Documents
subsequently be amended by the Commission with the
consent of the permit holder. The clause also provides for
revocation of a permit.
Clause 4.4.5 provides that a permit is non-transferable.
Division 3--Conduct of On-course Wagering
Clause 4.4.6 requires a permit holder to conduct on-course wagering in
accordance with the betting rules.
Clause 4.4.7 prohibits a permit holder from participating in decisions
about operation or management of a business conducted
under the wagering licence.
Division 4--Commissions, Dividends and Taxes
Clause 4.4.8 authorises deduction of commission, not exceeding 25% of
the amount invested.
Clause 4.4.9 provides for payment of dividends.
Clause 4.4.10 imposes a wagering tax equal to 1911% of the amount
deducted under clause 4.4.8(1).
Clause 4.4.11 provides for payment into the Hospitals and Charities Fund.
Clause 4.4.12 requires payment to the Treasurer of a supervision charge.
Division 5--General
Clause 4.4.13 makes provision about unclaimed refunds and dividends.
PART 5--APPROVED BETTING COMPETITIONS
Clause 4.5.1 provides for the Minister to approve betting competitions on
particular events or contingencies or on classes of events or
contingencies. Such competitions may have fixed odds or be
conducted on a totalisator. This clause is based on section 64
of the Gaming and Betting Act.
Clause 4.5.2 specifies the events and contingencies in respect of which a
betting competition may be approved. This clause is based
on section 65 of the Gaming and Betting Act.
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Clause 4.5.3 requires that notice of the approval of a betting competition
must be published in the Government Gazette. This clause is
based on section 66 of the Gaming and Betting Act.
Victorian Legislation and Parliamentary Documents
Clause 4.5.4 provides for the imposition of conditions on an approval, and
allows for the variation and revocation of those conditions.
The clause also provides for withdrawal of the approval for
any reasonable cause. The clause is based on section 67 of
the Gaming and Betting Act.
PART 6--COMMISSIONS, DIVIDENDS AND TAXES
Division 1--Wagering
Clause 4.6.1 provides for the licensee to deduct up to 25% commission
from the amount invested in each totalisator conducted by the
licensee or an a wagering event or events. The total amount
deducted must not exceed 16% of the total amount invested
in each financial year on such totalisators. The annual cap
does not apply to amounts invested on exempt totalisators
(see clause 4.1.2 for definition of these). This clause is based
on section 73 of the Gaming and Betting Act.
Clause 4.6.2 provides for the licensee to pay dividends of a totalisator, and
makes provision for dealing with the dividends of a
totalisator in which no person nominates the winning
combination. This clause is based on section 75 of the
Gaming and Betting Act.
Clause 4.6.3 provides for the wagering tax payable by the licensee in
respect of investments on a totalisator. This clause is based
on section 74 of the Gaming and Betting Act.
Division 2--Approved Betting Competitions
Clause 4.6.4 provides for the licensee to deduct up to 25% commission
from the amount invested in each totalisator conducted by the
licensee on an approved betting competition. This clause is
based on section 76 of the Gaming and Betting Act.
Clause 4.6.5 provides for the licensee to pay dividends of a totalisator
conducted on an approved betting competition. The clause is
based on section 78 of the Gaming and Betting Act.
Clause 4.6.6 provides for the wagering tax payable by the licensee in
respect of investments on a totalisator on an approved betting
competition. The clause is based on section 77 of the
Gaming and Betting Act.
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Division 3--Supervision Charge
Clause 4.6.7 requires the licensee to pay a supervision charge. The clause
Victorian Legislation and Parliamentary Documents
is based on section 79 of the Gaming and Betting Act.
Division 4--General
Clause 4.6.8 provides for the equivalent amount paid to the Treasurer
under clauses 4.6.3 and 4.6.6 (i.e. the tax paid on wagering
and approved betting competitions) to be paid from the
Consolidated Fund into the Hospitals and Charities Fund.
This clause is based on section 80 of the Gaming and Betting
Act.
Clause 4.6.9 provides that the licensee must pay unclaimed refunds,
dividends or prizes that have remained unclaimed for not less
than 6 months to the Treasurer. It allows the licensee to
withhold its reasonable expenses and those of the wagering
operator incurred in searching for the persons entitled to
those refunds, dividends or prizes. The clause also provides
for a person to claim such funds from the Treasurer.
The clause is based on section 81 of the Gaming and Betting
Act modified to reduce the interval within which the licensee
must pay such money to the Treasurer from 12 months to
6 months from 1 June 2004.
PART 7--OFFENCES
Clause 4.7.1 prohibits the licensee or an operator or a permit holder from
accepting bets from, or giving or sending tickets or
acknowledgment in respect of a bet, to a minor. It also
prohibits a minor from betting or buying a ticket in a
totalisator or an approved betting competition, and requires
the prominent display of a warning notice to minors wherever
the licensee operator or a permit holder accepts bets. It is
based on section 113 of the Gaming and Betting Act.
Clauses 4.7.2 sets out offences relating to totalisators and approved betting
competitions. The clause is based on section 114 of the
Gaming and Betting Act.
Clause 4.7.3 is an offence provision relating to sale of tickets, based on
section 115 of the Gaming and Betting Act.
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Clause 4.7.4 is an offence provision relating to payment of a dividend or
prize that is not calculated in accordance with the betting
rules or the regulations. It is based on section 116 of the
Victorian Legislation and Parliamentary Documents
Gaming and Betting Act.
Clause 4.7.5 sets out various cheating offences. The clause is based on
section 117 of the Gaming and Betting Act.
Clause 4.7.6 provides that it is an offence for the licensee or a wagering
operator or a permit holder or an agent or employee to extend
any form of credit. This offence provision is based on
section 119 of the Gaming and Betting Act.
PART 8--COMPLIANCE REQUIREMENTS
Division 1--Banking, Accounting and Auditing
Clause 4.8.1 limits the operation of the Division, to exclude transactions
and records which do not form part of the business of the
wagering operator or permit holder carried on in accordance
with Chapter 4. This Division is based on sections 121 to
124 of the Gaming and Betting Act.
Clause 4.8.2 sets out banking requirements.
Clause 4.8.3 requires the keeping of accounting records.
Clause 4.8.4 requires that documents be kept at a wagering operator's
principal place of business and be retained for at least
7 years.
Clause 4.8.5 sets out the audit requirements in relation to the operator of
the wagering licence and the holder of an on-course wagering
permit. This clause is based on section 124 of the Gaming
and Betting Act.
Division 2--Reporting
Clause 4.8.6 requires the wagering operator to submit reports to the
Commission in relation to its operations.
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CHAPTER 5--LOTTERIES
Victorian Legislation and Parliamentary Documents
PART 1--INTRODUCTION
Clause 5.1.1 sets out the main purposes of the Chapter, which are--
· to provide for the lawful conduct of public lotteries,
including football pools and competitions;
· to generate additional funds for grass roots sports,
health, women's sports and sports medicine through the
licensing of AFL footy tipping competitions;
· to provide for the lawful conduct of trade promotion
lotteries.
Clause 5.1.2 defines the terms used in the Chapter.
Clause 5.1.3 clarifies that nothing in the Chapter applies to a minor
gaming activity authorised by or under Chapter 8.
PART 2--PUBLIC LOTTERIES
Division 1--Legality of Public Lotteries
Clause 5.2.1 declares a public lottery lawful if conducted in accordance
with the Chapter.
Division 2--Public Lottery Rules
Clauses 5.2.2 requires a public lottery licensee to make rules about the
conduct of public lotteries. Division 2 re-enact sections 7
to 10 of the Public Lotteries Act 2000.
Clause 5.2.3 provides for the commencement of lottery rules.
Clause 5.2.4 requires publication of notice of the making of lottery rules,
and that the rules be made available for inspection.
Clause 5.2.5 empowers the Commission to disallow lottery rules.
Division 3--Conduct of Public Lotteries
Clauses 5.2.6 requires that a lottery draw be supervised by a person
nominated by the Commission. This Division is based on
sections 11 to 16 of the Public Lotteries Act.
Clause 5.2.7 requires the keeping of records about public lotteries.
35
Clause 5.2.8 prohibits acceptance of entries from minors.
Clause 5.2.9 prohibits a licensee from acting as a credit provider.
Victorian Legislation and Parliamentary Documents
Clause 5.2.10 requires that a monetary prize be offered as an alternative to a
non-monetary prize.
Clause 5.2.11 prohibits specified schemes.
Clause 5.2.12 prohibits publicity about a prize winner if the person has
requested anonymity.
PART 3--PUBLIC LOTTERY LICENCES
Division 1--Number and Type of Public Lottery Licences
Clauses 5.3.1 provides for the Minister to determine the number and type of
public lottery licences. This clause is based on section 17 of
the Public Lotteries Act.
Clause 5.3.2 restricts the issue of public lottery licences which the
Minister may issue, based on section 18 of the Public
Lotteries Act.
Division 2--Licensing Procedure
Clause 5.3.3 sets out who may apply to the Minister for a public lottery
licence, and what must be included in the application.
The clause also requires the Minister to refer each application
to the Commission.
Clause 5.3.4 requires the Commission to report to the Minister on each
public lottery licence application on specified grounds.
Clause 5.3.5 provides for the Minister to determine an application for a
public lottery licence.
Clause 5.3.6 provides for the Minister to issue a public lottery licence
following its grant. The licence must specify the public
lottery authorised to be conducted by the licence.
Clause 5.3.7 allows the Minister to impose conditions on a licence.
Clause 5.3.8 provides that a licence takes effect at the time of issue or
later, and is valid for no longer than 7 years. It also allows
for a single 12 month extension to the term of the licence.
36
Clause 5.3.9 provides for the Minister to require a public lottery licensee
to pay a premium payment as consideration for the public
lottery licence, and for the premium payment to be a tax.
Victorian Legislation and Parliamentary Documents
Clause 5.3.10 provides that a public lottery licence is not transferable.
Clause 5.3.11 requires the Minister to publish a copy of the licence in the
Government Gazette and table it in Parliament. This clause is
based on section 32 of the Public Lotteries Act.
Clause 5.3.12 provides for inspection of licences, based on section 33 of the
Public Lotteries Act.
Clause 5.3.13 requires the Minister to keep a register of public lotteries
licences. The clause is based on section 34 of the Public
Lotteries Act.
Division 3--Appointing Subsidiaries to Conduct Public Lottery
Licences
Clause 5.3.14 allows the public lottery licensee to appoint a subsidiary to
conduct lotteries under the licence, with the approval of the
Commission.
Clause 5.3.15 provides for the Commission to approve an application for
approval of a subsidiary.
Division 4--Amending and Surrendering Licences
Clause 5.3.16 provides for a public lottery licensee to request the Minister
to amend a public lottery licence. The provisions of this
Division are based on sections 38 to 42 of the Public
Lotteries Act.
Clause 5.3.17 provides for notification of other licensees that may be
affected by an amendment.
Clause 5.3.18 provides for objection by a notified licensee.
Clause 5.3.19 empowers the Minister to amend a licence, and sets out
relevant criteria.
Clause 5.3.20 allows the licensee to surrender the public lottery licence.
Division 5--Disciplinary Action
Clause 5.3.21 sets out the grounds for disciplinary action. The provisions
of this Division are based on sections 43 to 47 of the Public
Lotteries Act.
37
Clause 5.3.22 provides for the Commission to recommend to the Minister
that disciplinary action be taken.
Victorian Legislation and Parliamentary Documents
Clause 5.3.23 empowers the Minister to take disciplinary action.
Clause 5.3.24 provides for suspension of a licence if the licensee or an
executive officer of the licensee has been charged with a
relevant offence.
Clause 5.3.25 sets out the effect of a licence suspension.
Clause 5.3.26 is an interpretative provision relating to appointed
subsidiaries.
PART 4--RETURNS TO PLAYERS AND TAXES
Division 1--Returns to Players
Clause 5.4.1 specifies the return to players on public lotteries. This clause
is based on section 52 of the Public Lotteries Act.
Division 2--Taxes
Clause 5.4.2 provides for the public lottery licensee to pay a supervision
charge. This clause is based on section 53 of the Public
Lotteries Act.
Clause 5.4.3 sets out the taxes payable by a licensee on public lotteries.
The clause is based on section 54 of the Public Lotteries Act.
Clause 5.4.4 provides for penalty interest to be charged for late payment.
This clause is based on section 55 of the Public Lotteries Act.
Clause 5.4.5 provides for recovery of an amount payable under this
Division as a debt. This clause is based on section 56 of the
Public Lotteries Act.
Clause 5.4.6 set out how the proceeds of public lottery taxes are to be
applied. This clause is based on section 57 of the Public
Lotteries Act.
Clause 5.4.7 allows for Victoria to enter tax sharing arrangements with
other States or countries in relation to public lotteries, and
sets out the preconditions for such arrangements. The clause
is based on section 59 of the Public Lotteries Act.
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PART 5--COMPLIANCE REQUIREMENTS
Division 1--Financial Recording and Reporting
Victorian Legislation and Parliamentary Documents
Clause 5.5.1 requires a public lottery licensee to keep proper accounts and
records. This clause is based on section 60 of the Public
Lotteries Act.
Clauses 5.5.2 requires a public lottery licensee to prepare and submit
financial statements to the Minister on or before 31 October
each year (unless the Minister grants an extension to the
licensee) and for the Minister to table these in Parliament.
This clause is based on section 61 of the Public Lotteries Act.
Clause 5.5.3 provides for audit of financial statements. This clause is
based on section 62 of the Public Lotteries Act.
Clause 5.5.4 provides for an extension of time for submitting financial
statements to the Minister. The clause is based on section 63
of the Public Lotteries Act.
Clause 5.5.5 requires the Minister to advise each House of Parliament if a
public lottery licensee fails to submit annual financial
statements as required.
Clause 5.5.6 applies the obligations of the Division to persons engaged to
conduct a public lottery on behalf of the licensee.
Division 2--Other Requirements
Clause 5.5.7 empowers the Commission to give written directions to a
licensee relating to the conduct, supervision or control of the
lottery.
Clause 5.5.8 makes provision about claims for prizes. In the event that a
claim is not resolved, the claimant may ask the Commission
to review the licensee's decision.
Clause 5.5.9 makes provision about prizes unclaimed after 12 months.
Clause 5.5.10 requires a public lottery licensee or the Commission to
inquire into complaints about the conduct of a lottery.
39
PART 6--ONGOING MONITORING
Clauses 5.6.1 requires a public lottery licensee to give notice to the
Victorian Legislation and Parliamentary Documents
Commission of any change to information which has been
given to the Commission or the Minister about a public
lottery licence or in a request for approval of a subsidiary.
The licensee must also advise the Commission about a
change in situation of a kind specified by the Commission.
Clause 5.6.2 requires a licensee to notify the Commission if a person is
likely to become an associate of the licensee.
Clause 5.6.3 empowers the Commission to investigate a licensee if it
reasonably suspects that the licensee is not, or is no longer, a
suitable person or body to conduct the public lottery.
Clause 5.6.4 provides that the Commission may require a licensee or
former licensee to provide information, to produce records or
to permit records to be examined and copied.
Clause 5.6.5 provides for an investigation by the Commission of an
associate of a public lottery licensee. The Commission also
has this power in relation to a person who is likely to become
an associate and any person or body having a business
association with an associate or person likely to become an
associate. The Commission's powers include taking
photographs and finger prints.
Clause 5.6.6 empowers the Commission to issue a written warning to an
associate that the associate's conduct is unacceptable and to
require an associate to give a written undertaking regarding
future conduct. The Commission is also empowered to
determine that an associate is unsuitable and to require the
termination of an association.
Clause 5.6.7 applies the Division to an appointed subsidiary of a public
lottery licensee.
PART 7--TRADE PROMOTION LOTTERIES
Division 1--Legality of Trade Promotion Lotteries
Clause 5.7.1 declares lawful a trade promotion lottery which is conducted
in accordance with clause 5.7.2 or a permit issued under
Division 2.
40
Clause 5.7.2 provides that a person is not required to obtain a trade
promotion lottery permit if the total value of the prizes is not
more than $5000 and the person complies with the following
Victorian Legislation and Parliamentary Documents
conditions--
· there must not be an expense for entry which exceeds
the amount specified by the Governor in Council by
Order published in the Government Gazette;
· any prescribed conditions.
Division 2--Permit to Conduct a Trade Promotion Lottery
Clause 5.7.3 makes provision for an application for a trade promotion
lottery permit. The application must be accompanied by the
prescribed fee and be lodged not less than 28 days (or shorter
period allowed by the Commission) before the proposed day
of the lottery.
Clause 5.7.4 sets out criteria for the Commission in determining an
application for a trade promotion lottery permit.
Clause 5.7.5 provides that a permit is subject to prescribed conditions and
any conditions imposed by the Commission. In addition,
entrants must not be required to incur an expense per entry
which exceeds the amount determined by the Governor in
Council by Order published in the Government Gazette.
Clause 5.7.6 provides that a permit remains in force for one year, or the
period determined by the Commission and specified in the
permit.
Clause 5.7.7 provides for a corporate permit holder to nominate a person
to be liable as permit holder. If a person is not approved by
the Commission for this purpose, the directors or members of
the committee of management are liable as permit holders.
Clause 5.7.8 deals with replacement nominees.
Clause 5.7.9 provides for amendment of the conditions of a trade
promotion lottery permit. The amendment may be proposed
by either the permit holder or by the Commission.
Clause 5.7.10 provides for appeals to the Commission against decisions of a
single commissioner.
41
Division 3--Disciplinary Action
Clause 5.7.11 sets out definitions for the purposes of the Division.
Victorian Legislation and Parliamentary Documents
These include definitions of "disciplinary action", "grounds
for disciplinary action" and "relevant offence".
Clause 5.7.12 provides for the Commission to inquire into whether there are
grounds for disciplinary action against a permit holder.
Clause 5.7.13 sets out a procedure for a hearing into proposed disciplinary
action. After considering any submissions by the permit
holder, the Commission may decide to take disciplinary
action against the permit holder. This may include the
cancellation, suspension or variation of a permit.
Clause 5.7.14 makes provision about a letter of censure as a form of
disciplinary action.
Clause 5.7.15 empowers the Commission to suspend a permit if the
Commission is satisfied that the permit holder has been
charged with a relevant offence.
Division 4--Compliance and Offences
Clause 5.7.16 is an offence provision, prohibiting a person from
conducting, or assisting in the conduct of, a trade promotion
lottery otherwise than in accordance with the Division.
An offence provision also applies to employers.
Clause 5.7.17 requires a permit holder to notify the Commission about a
change in the situation existing in relation to the permit
holder.
Clause 5.7.18 requires the keeping of records.
Division 5--Reviews
Clause 5.7.19 provides for application to be made to VCAT for review of a
decision of the Commission under Part 7.
Division 6--General
Clause 5.7.20 provides for any commissioner to perform the functions of
the Commission under Part 7 (other than clause 5.7.10).
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CHAPTER 6--CLUB KENO
Victorian Legislation and Parliamentary Documents
PART 1--INTRODUCTION
Clause 6.1.1 provides that the purpose of the Chapter is to make provision
for the game of club keno. This Chapter replaces provisions
currently in the Club Keno Act 1993.
Clause 6.1.2 contains definitions for the purposes of the Chapter.
PART 2--CLUB KENO GAMES
Division 1--Legality of Club Keno Games
Clause 6.2.1 provides that a club keno game conducted or promoted in
accordance with the Chapter is lawful.
Clause 6.2.2 authorises the conduct of club keno games. However, the
Minister is empowered to apply to the Supreme Court for an
order to revoke an authorisation if the participants have
wilfully contravened the Act or the authorisation.
Clause 6.2.3 provides that the Commission is not empowered to approve
club keno under Chapter 3.
Clause 6.2.4 Provides that nothing in this or any other Act prevents the
participants conducting club keno games in accordance with
the Chapter in an approved venue.
Division 2--Conducting Club Keno Games
Clause 6.2.5 restricts the sale of tickets in a club keno game, prohibiting
sale in a place which is not an approved venue and sale to
minors.
Clause 6.2.6 provides that it is an offence for a person to hold themselves
out as an agent of the participants if the person is not an
accredited representative.
Clause 6.2.7 empowers the Commission to order participants to repair or
withdraw any defective machinery, equipment or computer
system used in connection with club keno games.
43
Clause 6.2.8 prohibits a person possessing a device made, adapted or
intended to be used to improperly interfere with any
machinery, equipment or computer system used in
Victorian Legislation and Parliamentary Documents
connection with club keno games, or from doing anything
calculated or likely to interfere with any such machinery,
equipment or computer system.
Clause 6.2.9 prohibits participants or their accredited representatives from
allowing the use of any machinery, equipment or computer
system that is not functioning in the manner in which it was
designed and programmed to function. This clause replaces
section 13P of the Club Keno Act.
Clause 6.2.10 prohibits the making of a loan by participants, accredited
representatives or employees to a person to enable a club
keno game to be played. This clause replaces section 13Q
of the Club Keno Act.
PART 3--RETURNS TO PLAYERS, TAXES AND LEVIES
Division 1--Returns to Players
Clause 6.3.1 requires the participants to ensure that at least 75% of the
total amount received for a club keno game is paid to a prizes
fund. The prizes fund must be applied exclusively for
payment of prizes. This clause replaces section 5(2) of the
Club Keno Act.
Division 2--Taxes and Levies
Clause 6.3.2 requires participants to make payments in respect of club
keno games conducted during each week. The payments are
to be made to the Treasurer, for payment into the
Consolidated Fund (2424% of gaming revenue for the week)
and to the venue operator (according to a specified formula).
This clause replaces section 7(1) to (4) of the Club Keno Act.
Clause 6.3.3 provides for payment out of the Consolidated Fund of an
amount equal to the amount paid into it under clause 6.3.2.
The amount paid out is to be paid in to the Hospitals and
Charities Fund and the Mental Health Fund in the proportions
to be determined by the Treasurer. This clause replaces
section 7(5) of the Club Keno Act.
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PART 4--COMPLIANCE REQUIREMENTS
Division 1--Accounting, Reporting and Auditing
Victorian Legislation and Parliamentary Documents
Clause 6.4.1 requires participants to keep accounting records that correctly
record and explain transactions and the financial position of
the participants' operations. This clause replaces section 8 of
the Club Keno Act.
Clause 6.4.2 requires participants to prepare annual financial statements
and submit them to the Treasurer. The statements must be
submitted by the following 31 October unless an extension
has been granted by the Treasurer. The Treasurer is required
to advise each House of Parliament of an extension and the
reasons for it. This clause replaces section 10 of the Club
Keno Act.
Clause 6.4.3 provides for the Auditor General to audit the financial
statements prepared under clause 6.4.2. This clause replaces
section 11 of the Club Keno Act.
Clause 6.4.4 requires the Treasurer to cause the financial statements
prepared under clause 6.4.2 to be laid before each House of
Parliament within 7 days after receiving them. If participants
fail to submit financial statements within the time required
the Treasurer is required to report or cause to be reported the
failure and the reasons for it to each House of Parliament.
This clause replaces section 10 of the Club Keno Act.
Division 2--Complaints
Clause 6.4.5 provides for the Commission to investigate any complaint
from a person relating to the conduct of club keno games.
PART 5--APPROVAL OF SUBSIDIARIES
Clause 6.5.1 empowers the Minister, on the recommendation of the
Trustees, to declare a Victorian company that is a wholly-
owned subsidiary of the Trustees and is approved by the
Commission to be a participant. Notice of the declaration
must be published in the Government Gazette.
Clause 6.5.2 provides for the Trustees to apply to the Commission for
approval of a wholly-owned subsidiary.
Clause 6.5.3 provides special considerations relating to a subsidiary which
is a wholly-owned subsidiary of the Trustees.
45
CHAPTER 7--INTERACTIVE GAMING
Victorian Legislation and Parliamentary Documents
PART 1--INTRODUCTION
Clause 7.1.1 establishes the purpose of the Chapter as being to make
provision for the protection of persons participating in
interactive gaming by regulating the provision of interactive
gaming services. An example of interactive gaming is
gaming via the Internet. The Chapter is based on existing
provisions of the Interactive Gaming (Player Protection)
Act 1999.
Clause 7.1.2 sets out definitions of terms which are used in the Chapter.
Clause 7.1.3 makes provision about the meaning of interactive gaming.
This clause is based on section 5 of the Interactive Gaming
(Player Protection) Act.
Clause 7.1.4 makes provision about approved games. The clause
empowers the Minister, if satisfied that a game is contrary to
the public interest, to declare the game to be a prohibited
game. This clause is based on section 8 of the Interactive
Gaming (Player Protection) Act.
Clause 7.1.5 provides for the declaration of participating jurisdictions and
corresponding laws. This clause is based on section 6 of the
Interactive Gaming (Player Protection) Act.
Clause 7.1.6 provides that the Chapter applies both within and outside
Victoria. It is based on section 7 of the Interactive Gaming
(Player Protection) Act.
PART 2--GENERAL AUTHORISATION FOR INTERACTIVE
GAMING
Clause 7.2.1 declares to be lawful the conduct of an approved game in
accordance with the Chapter as well as specified activities
related to an approved game.
Clause 7.2.2 sets out offences relating to interactive gaming, regarding
activities by persons who are not licensed providers or
authorised under a corresponding law with a licence or
authority which authorises the activity. The clause is based
on section 9 of the Interactive Gaming (Player Protection)
Act.
46
PART 3--INTERACTIVE GAMING LICENCES
Division 1--Licensing Procedure
Victorian Legislation and Parliamentary Documents
Clause 7.3.1 provides for a natural person over the age of 18 years or a
body corporate to apply to the Commission for an interactive
gaming licence.
Clause 7.3.2 sets out matters to be considered in deciding whether to grant
an interactive gaming licence. This clause is based on
section 23 of the Interactive Gaming (Player Protection) Act.
Clause 7.3.3 sets out factors to be taken into account by the Commission
in deciding whether an applicant is a suitable person to hold
an interactive gaming licence. This clause is based on
section 19 of the Interactive Gaming (Player Protection) Act.
Clause 7.3.4 sets out factors to be taken into account by the Commission
in deciding whether an associate of an applicant is a suitable
person to be associated with a licensed provider's operations.
This clause is based on section 20 of the Interactive Gaming
(Player Protection) Act.
Clause 7.3.5 provides that the Commission must determine an application
by granting or refusing it. If granted, it may be made subject
to conditions. This clause is based on section 24 of the
Interactive Gaming (Player Protection) Act.
Clause 7.3.6 empowers the Commission to change the conditions of a
licence. This clause is based on section 25 of the Interactive
Gaming (Player Protection) Act.
Clause 7.3.7 provides that an interactive gaming licence cannot be
transferred. This clause is based on section 26 of the
Interactive Gaming (Player Protection) Act.
Clause 7.3.8 provides for surrender of a licence, based on section 27 of the
Interactive Gaming (Player Protection) Act.
Division 2--Disciplinary Action
Clause 7.3.9 sets out definitions for the purposes of the Division.
Clause 7.3.10 lists grounds for disciplinary action in relation to an
interactive gaming licence. This clause is based on
section 28 of the Interactive Gaming (Player Protection) Act.
47
Clause 7.3.11 provides that the Commission may serve a "show cause"
notice on a licensed provider, providing opportunity to show
cause within 28 days why disciplinary action should not be
Victorian Legislation and Parliamentary Documents
taken on grounds set out in the notice. After considering any
submissions made within that period, the Commission may
take disciplinary action. This clause is based on section 29 of
the Interactive Gaming (Player Protection) Act (see also
clauses 7.3.12 to 7.3.14).
Clause 7.3.12 provides for disciplinary action in the form of a letter of
censure. If a direction given in a letter of censure is not
complied with in the specified tin the Commission may
cancel, suspend or vary the licence without further hearing.
This clause is based on section 29(6) and (7) of the
Interactive Gaming (Player Protection) Act.
Clause 7.3.13 empowers the Commission to suspend an interactive gaming
licence if it is satisfied that the provider, or an executive
officer of the provider, has been charged with a relevant
offence. This clause is based on section 29(8) and (9) of the
Interactive Gaming (Player Protection) Act.
Clause 7.3.14 provides that an interactive gaming licence is of no effect for
the purposes of Part 2 while it is suspended. This clause is
based on section 29(10) of the Interactive Gaming (Player
Protection) Act.
Division 3--Endorsement of Licence
Clause 7.3.15 provides for a business to be carried on by a legal personal
representative, a guardian or administrator, official receiver
or other specified representative. This can occur if the
Commission is satisfied that the applicant is a suitable person
to carry on the business, the prescribed fee has been paid and
the Commission has endorsed the licence accordingly.
Clause 7.3.16 sets out the effect of a licence endorsement.
Clause 7.3.17 provides for a licence to lapse in specified circumstances.
48
PART 4--CONTROL OF INTERACTIVE GAMING
Division 1--Player Registration
Victorian Legislation and Parliamentary Documents
Clauses 7.4.1 provides that a licensed provider must not permit a person to
play an approved game unless the person is registered with
the provider an a player. A bet must not be accepted unless
the provider holds, on behalf of the player, the funds
necessary to cover the amount of the wager.
Clause 7.4.2 prohibits the registration of a minor.
Clause 7.4.3 requires a licensed provider to authenticate a player's identity.
Division 2--General Conduct of Interactive Gaming
Clause 7.4.4 imposes restrictions on the conduct of an approved game.
These include a requirement that rules of the game and the
equipment used be approved by the Commission.
The Commission must not approve rules unless it is satisfied
that they are fair and reasonable and are not contrary to the
public interest. This clause is based on section 10 of the
Interactive Gaming (Player Protection) Act.
Clause 7.4.5 requires that a person employed to service, maintain or repair
interactive gaming equipment hold a technician's licence.
Clause 7.4.6 prohibits a licensed provider or employee participating as a
player in an interactive game conducted by the provider.
Clause 7.4.7 empowers the Commission to direct a gaming official not to
participate as a player in an approved game.
Clause 7.4.8 prohibits a licensed provider from providing credit to a
player. This clause is based on section 45 of the Interactive
Gaming (Player Protection) Act.
Division 3--Players' Funds and Prizes
Clause 7.4.9 requires a licensed provider to comply with a request to remit
a player's funds as directed by the player. This clause is
based on section 44 of the Interactive Gaming (Player
Protection) Act.
Clauses 7.4.10 prohibits a licensed provider from having recourse to a
player's funds except to adjust for wagers, to remit funds at
the player's request or otherwise as authorised by the Chapter.
This clause is based on section 46 of the Interactive Gaming
(Player Protection) Act.
49
Clause 7.4.11 requires funds to be remitted to the Treasurer if no
transaction has been recorded for 2 years. The Treasurer is
authorised to return those funds to the owner if a claim is
Victorian Legislation and Parliamentary Documents
made. This clause is based on section 47 of the Interactive
Gaming (Player Protection) Act.
Clause 7.4.12 if a non-monetary prize is not claimed within 3 months, the
licensed provider is authorised to sell it by auction, tender or
some other way approved by the Commission. The proceeds
of the sale, after meeting the costs of the sale, are to be paid
to the player or, if provider is unaware of the player's
whereabouts, to the Treasurer.
Clause 7.4.13 makes provision about claims for prizes. If a claim is not
resolved the claimant may ask the Commission to review the
licensed provider's decision or (if no claim result notice has
been received) to resolve the claim. A request for review
must be made within 10 days after the claimant receives the
claim result notice.
Clause 7.4.14 provides that if a monetary prize is not claimed within 2 years
the licensed provider must pay the amount of the prize to the
Treasurer. The owner may then make a claim for the money
from the Treasurer.
Clause 7.4.15 empowers a licensed provider to withhold a prize if the
provider has reason to believe that the result of an approved
game has been affected by an illegal activity or malfunction
of equipment. The circumstances must be notified to the
Commission, and the Commission is empowered to then
issue a direction to the provider.
Division 4--Responsible Gambling Measures
Clause 7.4.16 provides for a registered player to set a limit on the amount
the player may wager. A change to the limit does not take
effect until after 7 days. It is an offence for a licensed
provider to accept a wager from a player that exceeds the
player's limit. This clause is based on section 48 of the
Interactive Gaming (Player Protection) Act.
Clause 7.4.17 provides for a person to give notice to a licensed provider that
the person is not to be permitted to play an interactive game
conducted by the provider. The provider is to give a copy of
the notice to the Commission, which is then to give copies to
all licensed providers and also to the relevant authority in
each participating jurisdiction. Withdrawal of a notice by a
person does not take effect until after 7 days. It is an offence
50
for a licensed provider to accept a wager from a person in
respect of whom a notice is in effect under this clause or
under a corresponding provision of a corresponding law.
Victorian Legislation and Parliamentary Documents
This clause is based on section 49 of the Interactive Gaming
(Player Protection) Act.
PART 5--RETURNS TO PLAYERS AND TAXES
Division 1--Returns to Players
Clause 7.5.1 requires a licensed provider to ensure that the payout on
tables is set so as to return to players the players' proportion
of the total amount wagered each year on interactive games
conducted by the licensed provider. This clause is based on
section 36 of the Interactive Gaming (Player Protection) Act.
Division 2--Taxes
Clause 7.5.2 requires a licensed provider to pay a supervision charge to
the Treasurer by instalments as determined by the Treasurer.
The supervision charge is the amount determined by the
Treasurer, after consultation with the Minister, having regard
to the reasonable costs and expenses of the Commission in
carrying out its functions and appeals under the Chapter.
Clause 7.5.3 imposes an interactive gaming tax, being 4091%, or other
prescribed percentage, of the provider's gaming revenue.
Gaming revenue for this purpose is the total amount wagered
on interactive games less prizes paid out or determined for
payment to a jackpot special prize pool. This clause is based
on section 38 of the Interactive Gaming (Player Protection)
Act.
Clause 7.5.4 requires a licensed provider to give monthly returns to the
Commission containing information for calculating the
interactive gaming tax. This clause is based on section 39 of
the Interactive Gaming (Player Protection) Act.
Clause 7.5.5 imposes penalty interest for late payment of interactive
gaming tax or a licence fee. This clause is based on
section 40 of the Interactive Gaming (Player Protection) Act.
Clause 7.5.6 provides for recovery of money due to the Commission as a
debt payable to the State. This clause is based on section 41
of the Interactive Gaming (Player Protection) Act.
51
Clause 7.5.7 prohibits evasion of payment or provision of false,
misleading or materially incomplete information in a return
to the Commission. This clause is based on section 42 of the
Victorian Legislation and Parliamentary Documents
Interactive Gaming (Player Protection) Act.
PART 6--COMPLIANCE REQUIREMENTS
Division 1--Directions
Clause 7.6.1 empowers the Commission to give directions about the
conduct of authorised games by a licensed provider.
This clause is based on section 43 of the Interactive Gaming
(Player Protection) Act.
Division 2--Complaint handling
Clause 7.6.2 provides for the handling of complaints made to a licensed
provider or referred to a licensed provider by the
Commission.
PART 7--ONGOING MONITORING
Clause 7.7.1 empowers the Commission to investigate a licensed provider
to help the Commission to determine whether the licensed
provider is a suitable person to hold, or to continue to hold,
an interactive gaming licence. The investigation may occur if
the Commission reasonably suspects that the licensed
provider is not, or is no longer, a suitable person to hold an
interactive gaming licence.
Clause 7.7.2 empowers the Commission to investigate a business or
executive associate of a licensed provider to help determine
whether that person is, or continues to be, a suitable person
to be associated with a licensed provider's operation.
An investigation may occur only if the Commission
reasonably suspects that this is the case, or if the person
became a business or executive associate of the provider
after the issue of the interactive gaming licence.
Clause 7.7.3 provides for the Commission to obtain information or
documents relevant to an investigation.
Clause 7.7.4 requires a licensed provider to notify the Commission if a
person is likely to become an associate, and to ensure that a
person does not become an associate (other than a relative)
except with the Commission's written approval.
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Clause 7.7.5 provides for the Commission to investigate associates and
persons who are likely to become associates.
The Commission may require an associate or person likely
Victorian Legislation and Parliamentary Documents
to become an associate to be photographed and to provide
finger and palm prints. Information about the person must
be referred to the Chief Commissioner of Police.
Clause 7.7.6 empowers the Commission to require an associate to
terminate the association with the licensed provider.
PART 8--TRIBUNAL REVIEWS
Clause 7.8.1 provides that a person whose interests are affected by a
Commission decision, other than a non-reviewable decision,
may apply to VCAT for review of the decision.
A non-reviewable decision is a decision--
· to approve or refuse an interactive game or the rules of
an interactive game; or
· a decision about probity; or
· a decision under Part 4.
CHAPTER 8--COMMUNITY AND CHARITABLE
GAMING
PART 1--INTRODUCTION
The Chapter is based on the provision of the Gaming No. 2 Act 1997, except
for Part 4 of that Act (Trade Promotion Lotteries) which is now dealt with in
Part 7 of Chapter 5, and certain provisions prohibiting other lotteries, which
are now in Chapter 2.
Clause 8.1.1 sets out the purpose of the Chapter.
Clause 8.1.2 defines terms used in the Chapter.
PART 2--LEGALITY OF COMMUNITY AND CHARITABLE
GAMING
Clause 8.2.1 provides that community and charitable gaming is lawful
when conducted in accordance with the requirements of the
Chapter.
Clause 8.2.2 provides that it is an offence to conduct community and
charitable gaming other than in accordance with this Chapter.
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Clause 8.2.3 provides that a permit is not required for a raffle with a total
prize value of less than $5000 provided other conditions are
met. This clause replaces section 18 of the Gaming No. 2
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Act.
Clause 8.2.4 provides that a permit is not required for some bingo
sessions. This clause replaces section 19 of the Gaming
No. 2 Act.
PART 3--COMMUNITY AND CHARITABLE
ORGANISATIONS
Division 1--Community or Charitable Organisations
Clause 8.3.1 provides that an organisation may apply to be declared as a
community or charitable organisation, which enables it to
then apply for a minor gaming permit. This clause is based
on section 12A of the Gaming No. 2 Act.
Clause 8.3.2 provides for the Commission to require an applicant for a
declaration to provide additional information, records or
authorities or consents.
Clause 8.3.3 provides that the Commission may declare an organisation a
community and charitable organisation.
Clause 8.3.4 provides for an appeal against a decision of a single
Commissioner to the full Commission in respect of a
determination of an application for community or charitable
declaration.
Clause 8.3.5 allows the Commission to determine an appeal from a
decision of a single commissioner.
Clause 8.3.6 provides that a declaration lasts until it is revoked by the
Commission or renounced by the organisation to which it
applies.
Clause 8.3.7 provides for the Commission to serve a notice on an
organisation giving it opportunity to show cause why the
declaration of the organisation as a community or charitable
organisation should not be revoked on a specified ground.
Clause 8.3.8 provides for an organisation which has received a show cause
notice to make submissions as to why the declaration should
not be revoked.
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Clause 8.3.9 provides for revocation of a declaration.
Clause 8.3.10 confers a right of appeal to the Supreme Court for an
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organisation that is refused declaration under clause 8.3.5,
or has its declaration revoked. This clause is based on
section 12J of the Gaming No. 2 Act.
Clause 8.3.11 provides for the suspension of a declaration.
Division 2--Minor Gaming Permits
Clause 8.3.12 provides for an organisation to apply to the Commission for a
minor gaming permit.
Clause 8.3.13 sets out criteria for the Commission's decision whether to
grant a minor gaming permit. A permit is subject to
prescribed conditions and any other conditions imposed by
the Commission.
Clause 8.3.14 specifies the activities authorised by a minor gaming permit.
Clause 8.3.15 sets out the duration of a minor gaming permit.
Clause 8.3.16 requires a community or charitable organisation to nominate
a natural person to be responsible for the conduct of the
activity specified by the permit.
Clause 8.3.17 provides for the amendment of permit conditions.
Clause 8.3.18 confers a right of appeal to the Commission from specified
decisions of a single commissioner.
Division 3--Disciplinary Action
Clause 8.3.19 lists definitions for the purposes of the Division.
Clause 8.3.20 authorises the Commission to initiate disciplinary action by
service of a show cause notice on the permit holder. The
Commission is empowered to take disciplinary action
including variation, suspension, or cancellation of the permit.
Clause 8.3.21 makes provision for the issue of a letter of censure as a form
of disciplinary action. If a direction in a letter of censure is
not complied with the Commission is empowered to cancel,
suspend or vary the permit without further hearing.
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PART 4--CONDUCT OF COMMUNITY AND CHARITABLE
GAMING
Victorian Legislation and Parliamentary Documents
Division 1--Lucky Envelopes
Clause 8.4.1 provides that lucky envelopes must comply with prescribed
standards. This clause is based on section 22 of the Gaming
No. 2 Act.
Clause 8.4.2 prohibits a person supplying lucky envelopes to a person or
organisation that does not hold a minor gaming permit.
This clause is based on section 23 of the Gaming No. 2 Act.
Division 2--Bingo
Clause 8.4.3 requires that bingo equipment, including tickets and random
number generators, comply with prescribed standards,
(except Braille bingo tickets that have been approved by the
Commission under clause 8.4.5(2)).
Clause 8.4.4 provides that bingo equipment (other than approved Braille
bingo tickets) must only be supplied to a minor gaming
permit holder.
Clause 8.4.5 requires a person who conducts bingo to allow a visually
impaired person to use Braille bingo tickets, and for such
tickets to be approved by the Commission.
Clause 8.4.6 allows a permit holder to contract with a bingo centre
operator for the operator to conduct bingo on the permit
holder's behalf, and sets out the matters to be addressed in
any such contract.
Clause 8.4.7 provides for a cap on the amount a bingo centre operator can
charge a permit holder for the expenses associated with
conducting bingo in the centre.
Division 3--Pooling Schemes
This Division allows community or charitable organisations that offer bingo
at a bingo centre or centres to arrange to distribute the proceeds of all of their
bingo sessions equitably amongst themselves. Such arrangements must have
an administrator and be governed by rules approved by the Commission.
Clause 8.4.8 specifies when a pooling scheme can operate.
Clause 8.4.9 specifies the members of a pooling scheme.
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Clause 8.4.10 provides that a pooling scheme is governed by rules adopted
by the members.
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Clause 8.4.11 provides for the Commission to specify matters to be
included in rules.
Clause 8.4.12 empowers the Commission to disallow rules.
Clause 8.4.13 requires that a pooling scheme have a scheme administrator.
Clause 8.4.14 provides for amendment of scheme rules.
Clause 8.4.15 provides for voting on an amendment to scheme rules by a
member with an interest in the amendment who has declared
the interest.
Clause 8.4.16 Excludes political parties from the scope of the Division.
PART 5--BINGO CENTRES
Division 1--Licensing of Bingo Centre Operators
Clause 8.5.1 requires a person who manages or controls a bingo centre to
hold a bingo centre operator's licence. The provisions of this
Division are based on Division 1 of Part 5 of the Gaming
No. 2 Act.
Clause 8.5.2 provides for the making of an application to the Commission
for a bingo centre operator's licence. The clause prohibits a
person from applying for a licence if the person is a venue or
gaming operator or an associate of one, or is a casino
operator.
Clause 8.5.3 sets out the procedure for making an application.
Clause 8.5.4 enables a person to object to a bingo centre operator's licence
application, and sets out the grounds for an objection.
The Commission is required to consider all objections.
Clause 8.5.5 provides for the Commission to consider any report
submitted by the relevant responsible authority if the report is
submitted within 14 days after receipt of a copy of the
application.
Clause 8.5.6 sets out factors to be considered by the Commission in
deciding whether to grant a bingo centre operator's licence.
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Clause 8.5.7 provides for an application to be granted or refused, and
specifies that a licence is subject to prescribed conditions and
any other conditions that the Commission imposes.
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Clause 8.5.8 specifies that a licence remains in force for the term specified
in the licence, not exceeding 5 years.
Clause 8.5.9 requires a corporate bingo centre operator to nominate a
natural person to be responsible as operator on behalf of the
bingo centre operator.
Clause 8.5.10 provides that a licence is non-transferable.
Clause 8.5.11 provides for renewal of a bingo centre operator's licence for a
term not exceeding 5 years specified in the licence.
Clause 8.5.12 provides for amendment of licence conditions.
Clause 8.5.13 provides for disciplinary action against a bingo centre
operator.
Clause 8.5.14 provides for the issue of a letter of censure. If a direction
given in a letter of censure is not complied with, the
Commission is empowered to cancel, suspend or vary the
licence.
Clause 8.5.15 limits the term of a licence suspension to 6 months, but the
suspension may be extended once for a further period not
exceeding 6 months.
Clause 8.5.16 provides for suspension of a bingo centre operator's licence if
the operator has been charged with a relevant offence.
Clause 8.5.17 provides for return of licence documents following licence
amendment, suspension or cancellation.
Clause 8.5.18 provides for provisional bingo centre operator's licences.
Division 2--Licensing of Bingo Centre Employees
Clause 8.5.19 prohibits a person performing a prescribed function in a
bingo centre unless the person holds a bingo centre
employee's licence and complies with licence conditions.
A bingo centre operator is prohibited from employing an
unlicensed person to perform a prescribed function.
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Clause 8.5.20 sets out exceptions to general restrictions. These include
performance by a bingo centre operator or an operator's
nominee of prescribed functions while on duty and wearing
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an approved identification and unlicensed persons performing
prescribed functions in specified circumstances as a
volunteer.
Clause 8.5.21 provides for applications for bingo centre employee's
licences.
Clause 8.5.22 provides for consideration and determination of bingo centre
employee's licence applications.
Clause 8.5.23 sets out the effect of a bingo centre employee's licence.
Clause 8.5.24 provides for the conditions of a bingo centre employee's
licence, and sets out the offence of contravening a condition.
Clause 8.5.25 provides a right of appeal to the Commission against a
decision of a single commissioner.
Clause 8.5.26 requires bingo centre employees to wear identification.
Clauses 8.5.27 provides that a bingo centre employee's licence remains in
force for 10 years unless sooner cancelled or surrendered.
Clause 8.5.28 provides fore renewal of a bingo centre employee's licence.
Clause 8.5.29 provides for already-licensed persons to apply for bingo
centre employee's licences. These are holders of special
employee's licences under the Casino Control Act and
holders of special employee's licences or technician's licences
under Chapter 3 of this Act.
Clause 8.5.30 provides for disciplinary action against a bingo centre
employee.
Clause 8.5.31 makes provision about the issue of a letter of censure as a
form of disciplinary action. Failure to comply with a
direction in a letter of censure can lead to cancellation,
suspension or variation of the licence by the Commission
without further hearing.
Clause 8.5.32 empowers the Commission to impose a period of
disqualification, not exceeding 4 years.
Clause 8.5.33 provides for suspension of a licence if a person is charged
with a relevant offence.
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Clause 8.5.34 Sets out the effect of licence suspension.
Clause 8.5.35 requires a bingo centre operator to terminate an employment
Victorian Legislation and Parliamentary Documents
that constitutes the exercise of the functions of a bingo centre
employee on notification that the person's licence has been
suspended or cancelled or has otherwise ceased to be in force.
Clause 8.5.36 provides for provisional bingo centre employee's licences.
Division 3--Compliance Requirements and Monitoring
Clause 8.5.37 requires a bingo centre operator to keep accounting records,
including annual statements.
Clause 8.5.38 provides for returns to the Commission about bingo centre
operation.
Clause 8.5.39 requires a bingo centre operator to notify the Commission
about a proposed associate.
Clause 8.5.40 makes provision for investigation of associates by the
Commission.
Clause 8.5.41 provides for the issue of a written warning or the requiring
of an undertaking if the Commission determines that an
associate has engaged in conduct that is unacceptable.
Provision is also made for termination of an association to
be required by the Commission.
Clause 8.5.42 prohibits a bingo centre operator from permitting a gaming
machine to be played in bingo centre premises.
PART 6--GENERAL COMPLIANCE REQUIREMENTS
Division 1--Banking and Records
Clause 8.6.1 sets out banking requirements for a person who holds a minor
gaming permit or who administers a pooling scheme as
scheme administrator or conducts any other activity
authorised by Chapter 8.
Clause 8.6.2 deals with record keeping and retention.
Division 2--Ongoing Notification Requirements
Clause 8.6.3 provides for the Commission to be notified of changes of a
kind specified by the Commission.
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PART 8--REVIEWS
Clause 8.7.1 empowers a person whose interests are affected by a decision
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of the Commission under Chapter 8 to apply to VCAT for a
review of that decision.
PART 9--GENERAL
Clause 8.8.1 empowers the Commission to refuse to grant a licence or
permit where specified contraventions have occurred.
CHAPTER 9--ONBOARD GAMING
PART 1--INTRODUCTION
Clause 9.1.1 sets out the purpose of the Chapter, which is to allow gaming
on ships operated by a company formed and incorporated
pursuant to section 5 of the TT-Line Arrangements Act 1993
of Tasmania. This Chapter is based on provisions currently
located in the TT-Line Gaming Act 1993.
Clause 9.1.2 sets out definitions for the purposes of the Chapter, and for
the purposes of the provisions applied by reason of
clause 9.2.1.
Clause 9.1.3 limits the operation of this Chapter to ships on interstate or
overseas voyages.
PART 2--APPLICATION OF TASMANIAN ACT
Clause 9.2.1 applies the Tasmanian Act as a law of Victoria, as if amended
as set out in Schedule 2. Similarly, regulations under the
Tasmanian Act apply as if amended as set out in Schedule 3.
This clause is based on section 6 of the TT-Line Gaming Act.
Clause 9.2.2 enables Schedule 2 or Schedule 3 to be amended by the
Governor in Council to take account of amendment to the
Tasmanian Act or the making of regulations under the
Tasmanian Act. This clause is based on section 8 of the
TT-Line Gaming Act.
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PART 3--FURTHER PROVISIONS REGULATING ONBOARD
GAMING
Victorian Legislation and Parliamentary Documents
Division 1--Legality of Onboard Gaming
Clause 9.3.1 declares that the conduct and playing of a game on a ship is
lawful in specified circumstances.
Clause 9.3.2 provides for the non-applicability of other laws to gaming
and gaming operations conducted on ships to which
Chapter 9 applies.
Division 2--Conduct of Onboard Gaming
Clause 9.3.3 provides for a limit to be determined on the number of
gaming machines which may be placed on a ship.
Clause 9.3.4 prohibits interference with gaming equipment on a ship.
The clause also authorises a member of the police force who
believes on reasonable grounds that an offence has been
committed to search a suspect.
Clause 9.3.5 prohibits dishonest schemes and practices in relation to
gaming on a ship.
Division 3--Taxes
Clause 9.3.6 provides for a revenue-sharing agreement to be entered
between the States of Victoria and Tasmania under which
Victoria receives a proportion of the taxes that are received
under the Tasmanian Act.
PART 4--SUSPENSION OF CHAPTER
Clause 9.4.1 empowers the Minister to suspend the operation of this
Chapter. This clause is based on section 18 of the TT-Line
Gaming Act.
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CHAPTER 10--ADMINISTRATION AND
ENFORCEMENT
Victorian Legislation and Parliamentary Documents
PART 1--VICTORIAN COMMISSION FOR GAMING
REGULATION
Division 1--Establishment
Clause 10.1.1 establishes the Victorian Commission for Gambling
Regulation.
Clause 10.1.2 provides that the Commission is a public authority that
represents the Crown.
Clause 10.1.3 sets out the objectives of the Commission.
Clause 10.1.4 sets out the functions of the Commission.
Clause 10.1.5 sets out the powers of the Commission.
Division 2--Membership of the Commission.
Clause 10.1.6 provides that the Commission is to consist of--
· a commissioner appointed as Chairperson;
· a commissioner appointed as Deputy Chairperson;
· a commissioner appointed as Executive Commissioner;
· sessional commissioners.
Commissioners are to be appointed by the Governor in
Council on the recommendation of the Minister.
Clause 10.1.7 sets out the qualifications for appointment as a commissioner.
A person is ineligible for appointment if he or she--
· is not ordinarily resident in Victoria; or
· has been employed during the preceding 4 years by, or
significantly associated with, a key operative.
Clause 10.1.8 provides for appointment of the Chairperson and Deputy
Chairperson of the Commission.
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Clause 10.1.9 provides for appointment of the Executive Commissioner.
Clause 10.1.10 provides for appointment of sessional commissioners.
Victorian Legislation and Parliamentary Documents
These may include a person nominated by the Chief
Commissioner of Police.
Clause 10.1.11 provides that the term of office of a commissioner is the
period specified in the instrument of appointment, not
exceeding 5 years.
Clause 10.1.12 provides that the remuneration of a commissioner is to be
specified in the instrument of appointment.
Clause 10.1.13 provides that a commissioner's office becomes vacant in
specified circumstances. A commissioner may be removed
from office by the Governor in Council on the
recommendation of the Minister if the commissioner has--
· refused, neglected or failed to carry out the duties of
office; or
· demonstrated inefficiency or misbehaviour in carrying
out the duties of office; or
· ceased to reside ordinarily in Victoria.
In the event of removal of a commissioner, the Minister must
cause a statement to be laid before each House of Parliament.
Clause 10.1.14 provides for an acting appointment to be made if a
commissioner is absent or unable to perform the duties of
office or if there is a vacancy in the office of commissioner.
Clause 10.1.15 ensures the validity of decisions of the Commission.
Division 3--Performance of Commission's Functions
Clause 10.1.16 requires the Commission to perform its functions with as
little formality and technicality, and with as much speed, as
the requirements of legislation and proper consideration of
the subject matter permit, and to inform parties of its
decisions.
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Clause 10.1.17 allows the Commission to perform its functions--
· at a meeting; or
Victorian Legislation and Parliamentary Documents
· on an inquiry under clause 10.1.20--
except where legislation provides that the function may be
performed by the Executive Commissioner or a single
commissioner. In that case, the function may also be
performed by the Commission at a meeting or on an inquiry.
Clause 10.1.18 provides for Commission meetings.
Clause 10.1.19 provides for disclosure of pecuniary interests.
Clause 10.1.20 empowers the Commission to hold inquiries presided over by
one or more commissioners.
Clause 10.1.21 provides that a person may appear at an inquiry personally or
by a legal practitioner.
Clause 10.1.22 provides that the Commission is to be able to hold its
meetings and inquiries in public or in private.
However, except in special circumstances, consideration of
certain matters for the purpose of making a finding or
determination are to be conducted in public--
· application for approval of premises for gaming;
· application for a venue operator's licence;
· proposed amendment to a venue operator's licence to
vary or specify dates on which 24 hour gambling is
permitted or to increase the number of gaming machines
permitted in an approved venue;
· approval or withdrawal of approval of gaming machine
types and games;
· approval to install a linked jackpot arrangement;
· making of rules under section 3.5.22;
· relating to an application under Chapter 4;
· specified matters under the Casino Control Act.
There is power for the Commission to direct that a meeting or
inquiry or part of it be held in private where personal affairs
may be unreasonably divulged or it is otherwise in the
interests of justice.
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Division 4--Reasons for Decisions
Clause 10.1.23 requires the Commission to give a written statement of its
Victorian Legislation and Parliamentary Documents
decisions and the reasons for them where the hearing leading
to the decision was required to be held in public. This must
be done within 14 days after the making of the decision.
Clause 10.1.24 requires that the Commission give a written statement of
reasons to a person whose interests are affected by the
decision and who has requested it within 28 days after the
decision. This must be done within 28 days after the
Commission receives the request.
Division 5--Staffing and Delegation
Clause 10.1.25 provides for employment of persons under Part 3 of the
Public Sector Management and Employment Act 1998.
Clause 10.1.26 provides for delegation of the powers of the Commission
which may be performed by a commissioner. The delegation
is to be to a member of the staff of the Commission.
Clause 10.1.27 protects commissioners and delegates against liability for
action or inaction which occurs in good faith. The liability
instead attaches to the Commission.
Clause 10.1.28 deals with conflicts of interest and duty. Offence provisions
apply to authorised persons, former commissioners and
former members of staff of the Commission and also to a key
operative who employs or is significantly associated with a
former commissioner or former member of staff within 4
years after the person ceases to be a commissioner or member
of staff.
Division 6--Confidentiality
Clause 10.1.29 defines "protected information" for the purposes of the
Division. It is defined to mean information with respect to
the affairs of a person or with respect to the establishment or
development of a casino.
Clause 10.1.30 provides that it is an offence to make a record of, or to
disclose, protected information in specified circumstances.
Clause 10.1.31 deals with production of documents or disclosure of
information in a court. A person cannot be required to
produce or disclose a documents which come into the
person's possession or control, or information that comes to a
person's notice, in the performance of functions under
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gaming legislation. However, production or disclosure can
be required if the Minister certifies that disclosure is
necessary in the public interest or a person to whom the
Victorian Legislation and Parliamentary Documents
information relates has expressly authorised disclosure.
Clause 10.1.32 makes provision about disclosure of documents or
information by a casino operator.
Clause 10.1.33 empowers the Minister to direct the disclosure of specified
information to a person or class of persons, if the Minister
certifies that the disclosure is necessary in the public interest.
The clause also provides for disclosure of information if, in
the opinion of the Commission, the disclosure would not
constitute an unreasonable disclosure of information relating
to the affairs of a person or would otherwise be in the public
interest.
Clause 10.1.34 provides that a person may disclose protected information in
limited circumstances.
Clause 10.1.35 provides for permitted disclosure of statistical information.
Clause 10.1.36 provides for permitted disclosure of information for anti-
smoking purposes.
Clause 10.1.37 empowers the Commission and an enforcement agency to
enter a memorandum of understanding about disclosure of
information. A memorandum of understanding must specify
the kind of information to be disclosed and the purposes for
which it may be used.
PART 2--GAMBLING RESEARCH PANEL
Clause 10.2.1 continues the Gambling Research Panel as a body corporate.
Clause 10.2.2 provides that the Gambling Research Panel is a public
authority that represents the Crown.
Clause 10.2.3 specifies that the functions of the Gambling Research Panel
are--
· to commission and monitor research relating to the
social and economic impact of gambling, the causes of
gambling and strategies to minimise harm from
gambling;
· to publish the results of that research.
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Clause 10.2.4 provides for the membership of the Panel. It is to comprise a
chairperson and 2 other members appointed by the Governor
in Council on the recommendation of the Minister.
Victorian Legislation and Parliamentary Documents
A nominee for appointment is to have appropriate
knowledge, experience and expertise and must not, within the
preceding 4 years, have been employed by or significantly
associated with a key operative.
Clause 10.2.5 provides for the remuneration of members of the Panel.
Clause 10.2.6 specifies that a member holds office for the period, not
exceeding 3 years, specified in the instrument of
appointment, but is eligible for reappointment.
Clause 10.2.7 provides for the Governor in Council, on the recommendation
of the Minister, to make acting appointments to the Panel.
Clause 10.2.8 deals with vacancies on the Panel and resignations of Panel
members.
Clause 10.2.9 deals with disclosure of pecuniary interests by Panel
members.
Clause 10.2.10 provides that the Chairperson is to preside at Panel meetings.
Clause 10.2.11 provides that the quorum for a Panel meeting is 2 members,
with the person presiding to have a deliberative vote and, if
voting is equal, a second vote.
Clause 10.2.12 provides for the validity of Panel decisions.
Clause 10.2.13 requires the Panel to prepare a research plan each year.
A research plan is to include a statement of the activities and
undertakings of the Panel for the next year, a proposed
budget, financial statements and any other matter directed by
the Minister. The Panel is to be required to consider any
comments about the plan made to it by the Minister.
PART 3--FUNDS
Division 1--Community Support Fund
Clauses 10.3.1 continues the Community Support Fund, which was
established under the Gaming Machine Control Act 1991.
Clause 10.3.2 provides that payments into the Fund are to be as specified in
the Act or any other Act together with interest derived from
investment of money in the Fund.
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Clause 10.3.3 authorises the Minister to make payments from the Fund
for--
·
Victorian Legislation and Parliamentary Documents
first, performance by the Gambling Research Panel of
its functions;
· secondly, for provision of programs or purposes relating
to prevention of excessive gambling or treatment or
rehabilitation of problem gamblers or persons addicted
to or who abuse drugs, educational programs relating to
drug addiction or abuse, programs for families in crisis,
youth programs, research or pilot programs relating to
community advancement programs, programs for sport,
recreation the arts or tourism, or other programs or
purposes relating to community support or advancement
as determined by the Minister;
· thirdly, for administration and management costs
relating to the fund and remuneration of Panel members.
Division 2--Mental Health Fund
Clauses 10.3.4 continues the Mental Health Fund previously established
under section 58 of the Public Lotteries Act 2000.
Clause 10.3.5 provides that payments into the Fund are to be as specified in
the Act or any other Act.
Clause 10.3.6 authorises the Treasurer to determine payments from the
Fund for--
· establishment and maintenance of approved mental
health services;
· establishment and maintenance of residential
institutions;
· administration of the Mental Health Act 1986;
· administration of the Intellectually Disabled Persons'
Services Act 1986.
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PART 4--INVESTIGATIONS AND INFORMATION
GATHERING BY THE COMMISSION
Victorian Legislation and Parliamentary Documents
Division 1--Investigation of applications
Clause 10.4.1 specifies that (except where otherwise stated) the Division
applies to an application for--
· a licence under the Act;
· an on-course wagering permit;
· approval as a nominee of a venue operator, of a wholly-
owned subsidiary of the holder of a gaming operator's
licence, of a wholly-owned subsidiary of a licensee, of a
wholly-owned subsidiary of a public lottery licensee, of
a wholly-owned subsidiary of the Trustees or of a
nominee of a bingo centre operator;
· listing on the roll;
· approval of premises under Part 3 of Chapter 3.
Clause 10.4.2 provides for investigation by the Commission of applications.
Clause 10.4.3 empowers the Commission to require the provision of
photographs and finger and palm prints. If this requirement
is not met the Commission may refuse to consider an
application.
Clause 10.4.4 requires the Commission to refer copies of applications, any
photographs and finger and palm prints and any supporting
documentation to the Chief Commissioner of Police.
Clause 10.4.5 empowers the Commission, by notice in writing, to require
the provision of further information or records in relation to
an application. If the requirement is not complied with the
Commission may refuse to consider the application.
Clause 10.4.6 requires an applicant to advise the Commission of changes
affecting an application which is under consideration.
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Clause 10.4.7 provides for the Commission to require the payment of an
amount not exceeding the reasonable costs of investigating an
application--
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· for a licence or permit;
· for approval for appointment as an operator;
· for approval of a proposed manager referred to in an
application for a permit.
Division 2--General Investigatory Powers of Commission
Clause 10.4.8 provides definitions for the purposes of the Division.
Clause 10.4.9 empowers the Commission to investigate the conduct of
operations under a gambling authorisation from time to time.
The Commission may make a report to the Minister of the
results of the investigation if it thinks it desirable to do so or
if the investigation was made at the direction of the Minister.
Clause 10.4.10 empowers the Commission, by notice in writing, to require a
person who, in the opinion of the Commission, is a regulated
person, to provide information specified in the notice or to
produce records specified in the notice.
Division 3--Information gathering for Law Enforcement
Purposes
Clause 10.4.11 empowers the Commission to direct a regulated person to
provide to the Commission information for the purpose of
providing assistance to a law enforcement agency.
PART 5--COMPLIANCE AND ENFORCEMENT
Division 1--Investigation of applications
Clause 10.5.1 provides for the appointment of persons employed under
Part 3 of the Public Sector Management and Employment
Act 1998 as inspectors.
Clause 10.5.2 provides for checks on persons who are under consideration
for appointment to be inspectors.
Clause 10.5.3 provides for the issue of identity cards to inspectors.
Clause 10.5.4 provides that a member of the police force is able to perform
the functions of an inspector.
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Clause 10.5.5 specifies that inspectors on duty must not, other than as
required by their work, participate in gaming, interactive
gaming or club keno games.
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Clause 10.5.6 prevents a person who ceases to be an inspector from being
employed at, or being significantly associated with, a key
operative. The prohibition applies for 4 years, unless the
Executive Commissioner otherwise approves.
Division 2--Functions of Inspectors
Clause 10.5.7 this clause specifies the functions of inspectors, which
include activities for the purpose of determining compliance
with gaming legislation, assisting in the detection of offences
against gaming legislation and reporting to the Commission.
Clause 10.5.8 confers on inspectors a right of entry onto premises used in
connection with any activity regulated by gaming legislation,
for the purposes of exercising the inspector's functions.
Clause 10.5.9 sets out the powers of an inspector, including power to
require production of, and to examine and test, machinery,
equipment or records, power of inspection, power to seize
machinery, equipment or records, power to require a person
to attend to answer questions or provide information and
power to call for the assistance of a member of the police
force.
Clause 10.5.10 confers on inspectors power to require a person found on
premises to state the person's full name and residential
address.
Clause 10.5.11 provides for the investigation of complaints from patrons
about a contravention of gaming legislation. An inspector,
on receiving a complaint, is required to investigate it. If the
inspector is satisfied that there has been a contravention, the
inspector must make a report and notify the person
conducting the activity of the substance of the complaint
and give the person opportunity to respond. The inspector
may, however, decide to take the matter no further.
The complainant is to be informed of the results of the
investigation and of any action taken.
Clause 10.5.12 empowers an inspector, with the consent of the Executive
Commissioner, to apply for a search warrant. A magistrate
may issue a warrant if satisfied by evidence on oath that there
are reasonable grounds for suspecting that there is on the
premises machinery, equipment or records in relation to
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which an offence has been, is being or is likely to be
committed or that there may be evidence of the commission
of an offence against gaming legislation. The police do not
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need the consent of the Executive Commission to apply for a
search warrant.
Clause 10.5.13 requires a person executing a search warrant to make an
announcement before entry, providing opportunity for any
person at the premises to allow entry onto the premises.
Exceptions to this apply where immediate entry is required
to ensure a person's safety or to prevent frustration of the
effective execution of the warrant.
Clause 10.5.14 requires an inspector to identify himself or herself and to
provide a copy of a warrant to the occupier or the occupier's
apparent representative.
Division 3--Offences
Clause 10.5.15 is an offence provision, dealing with assault or obstruction
of an inspector or member of the police force and failure to
comply with requirements imposed by an inspector or
member of the police force.
Clause 10.5.16 is the offence of providing false or misleading information.
Clause 10.5.17 is the offence of impersonating an inspector or commissioner.
Clause 10.5.18 is the offence of bribery of an authorised person.
Clause 10.5.19 confers protection against self-incrimination.
Division 4--Infringement Notices
Clause 10.5.20 empowers an inspector to serve an infringement notice on a
person believed to have committed a prescribed offence
against gaming legislation.
Clause 10.5.21 provides that an infringement notice is to be in a form
approved by the Commission and must include information
about the alleged offence.
Clause 10.5.22 authorises an inspector to accept late payment of an
infringement notice penalty for an infringement notice which
has not been withdrawn, unless a charge has been filed.
Clause 10.5.23 provides for withdrawal of an infringement notice without
affecting the right to initiate or continue proceedings for the
offence.
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Clause 10.5.24 provides that if a person pays the prescribed infringement
penalty for the offence within the time specified in the notice
(not less than 28 days) the infringement is expiated, unless
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the infringement notice is withdrawn.
Clause 10.5.25 provides for application of infringement notice penalties.
Clause 10.5.26 authorises initiation of prosecution if an infringement notice
is unpaid or withdrawn.
Clause 10.5.27 provides for service with a summons of a separate document
setting out particulars of alleged prior convictions.
The document is admissible in evidence except where the
defendant is present in court and does not consent to it being
tendered.
Division 5--Forfeiture
Clause 10.5.28 provides for forfeiture of instruments of gaming, money or
securities for money that have been lawfully seized or are
found in the possession or control of a person found
committing an offence against gaming legislation.
Clause 10.5.29 provides for the seizure, without warrant, of equipment which
an inspector reasonably suspects is unauthorised gaming
equipment.
Division 7--Prosecutions and Evidentiary Provisions
Clause 10.5.30 provides that an executive officer of a body which
contravenes gaming legislation is to be taken to have
personally contravened the provision if the executive officer
knowingly authorised or permitted the contravention.
Clause 10.5.31 specifies that proceedings for an offence against a gaming
Act or gaming regulations may be bought only by--
· a member of the police force; or
· the Commission; or
· a person authorised to do so by the Commission.
Clause 10.5.32 sets out evidentiary provisions for proceedings under a
gaming Act.
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CHAPTER 11--GENERAL
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PART 1--ADMINISTRATIVE PROVISIONS
Division 1--Service of Documents
Clause 11.1.1 provides for service of documents on the Commission.
Clause 11.1.2 provides for service of documents on other persons.
Division 2--Records and Forms
Clause 11.1.3 provides for the production of English language records or
statements.
Clause 11.1.4 provides that use of forms to the like effect of approved
forms is sufficient compliance.
Division 3--General
Clause 11.1.5 requires the destruction of finger prints and palm prints by
the Commission when it has no further use for them.
Clause 11.1.6 provides for the discretionary refund of fees following refusal
or withdrawal of an application.
Clause 11.1.7 specifies that it is the intent of sections 3.2.5 and 4.3.26(7) to
alter or vary section 85 of the Constitution Act 1985.
PART 2--REGULATIONS
Clause 11.2.1 sets out the regulation-making power of the Governor in
Council. This includes power to make regulations for or with
respect to anything required or permitted by the Act to be
prescribed, including the topics listed in Schedule 1.
CHAPTER 12--AMENDMENTS, REPEALS AND
TRANSITIONAL PROVISIONS
Clause 12.1.1 specifies that the following Acts are repealed--
the Club Keno Act 1993;
the Gaming and Betting Act 1994;
the Gaming Machine Control Act 1991;
the Gaming No. 2 Act 1997;
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the Interactive Gaming (Player Protection) Act 1999;
the Lotteries Gaming and Betting Act 1966;
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the Public Lotteries Act 2000;
the TT-Line Gaming Act 1993.
Clause 12.1.2 provides that the Casino Control Act 1991 is amended as set
out in Schedule 5.
Clause 12.1.3 provides for amendments to other legislation as set out in
Schedule 6.
Clause 12.1.4 amends the Gaming and Betting Act 1994 in relation to
unclaimed refunds and dividends before or after June 2004.
Clause 12.1.5 provides for abolition of special provisions for Tabarets.
Clause 12.1.6 provides that the transitional provisions set out in Schedule 7
have effect.
SCHEDULES
Schedule 1 lists topics with respect to which regulations can be made, in
accordance with clause 11.2.1.
Schedule 2 sets out modifications to the TT-Line Gaming Act 1993 of
Tasmania for the purposes of clause 9.2.1.
Schedule 3 this schedule provides for modification to any regulations that
might be made under the TT-Line Gaming Act 1993 of
Tasmania. The procedure for amendment to this Schedule is set
out in clause 9.2.1.
Schedule 4 sets out a notice and warrant forms for the purposes of provisions
in Chapter 2 of the Bill.
Schedule 5 lists amendments to the Casino Control Act 1991 including, at
item 94, a new section 78B which provides for the forfeiture of
winnings of minors and excluded persons who gamble in the
casino.
Schedule 6 lists consequential amendments to Acts other than the Casino
Control Act.
Schedule 7 contains transitional provisions.
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