Victorian Current Acts Victorian Current Acts(1) In this Act—
S. 1.3(1) def. of
AFL footy tipping competition substituted by No. 54/2006 s. 3(a),
amended by Nos 22/2005 s. 6(2), 72/2007 s. 51(a).
"AFL footy tipping competition" means a lottery in which the prizes are distributed on the basis of results of matches in the Australian Football League and in accordance with the lottery rules for the lottery;
S. 1.3(1) def. of
aircraft inserted by No. 25/2009 s. 12.
"aircraft "means a machine or structure used or intended to be used for navigation of the air;
S. 1.3(1) def. of alternative cash access facility inserted by No. 32/2012 s. 3(1), repealed by No. 62/2017 s. 92(a).
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"amusement machine" means—
(a) any machine, device, contrivance or electronic apparatus operated for pecuniary consideration for the purpose of playing games which involve the activation or manipulation of the machine, device, contrivance or electronic apparatus to achieve a pre‑set, programmed, designated or otherwise defined score, object or result; and
(b) any machine, device, contrivance or electronic apparatus prescribed as an amusement machine;
S. 1.3(1)
def. of
approved betting competition substituted by No. 18/2007 s. 4(b).
"approved betting competition" means a betting competition approved by the Minister under section 4.5.3 or the Commission under section 4.5.6 ;
S. 1.3(1)
def. of
approved betting event inserted by No. 18/2007 s. 4(a).
approved betting event has the meaning given in section 4.5.1 ;
S. 1.3(1)
def. of approved bookmaker inserted by No. 45/2004 s. 17(b),
repealed by No. 73/2008 s. 18(1).
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S. 1.3(1) def. of approved bookmaking company repealed by No. 73/2008 s. 18(1).
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"approved gaming machine" means a gaming machine of a type approved by the Commission under section 3.5.4;
S. 1.3(1) def. of approved keno game inserted by No. 1/2021 s. 9(1)(a).
"approved keno game" means a keno game approved by the Minister under section 6A.2A.1;
approved racing club means a club, society or other association the rules of which are approved under section 26 of the Racing Act 1958 ;
"approved venue" means premises—
(a) to which a venue operator's licence applies; and
(b) in respect of which an approval is in force under Part 3 of Chapter 3;
associate has the meaning given in section 1.4;
S. 1.3(1)
def. of approved bookmaker repealed by No. 45/2004 s. 17(a).
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S. 1.3(1) def. of authorised deposit-taking institution repealed by No. 64/2014 s. 4(a).
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"authorised person" means—
(a) a commissioner; or
(b) an inspector; or
(c) a person appointed under subsection (3);
S. 1.3(1) def. of authorising officer inserted by No. 29/2009 s. 4(1), amended by Nos 20/2012 s. 226(Sch. 5 item 14(a)), 9/2013 s. 42(Sch. 2 item 10).
"authorising officer", of a club that is—
(a) a company, means the company's secretary;
(b) a co-operative (within the meaning of the Co‑operatives National Law (Victoria)), means the secretary of the co-operative;
(c) an incorporated association (within the meaning of the Associations Incorporation Reform Act 2012 ), means the secretary of the association;
S. 1.3(1) def. of
betting contract inserted by No. 29/2009 s. 44(1).
"betting contract" means a contract, arrangement or understanding—
(a) to make a bet; or
(b) to enter into betting or take a share or interest in another transaction that involves a bet;
S. 1.3(1) def. of
betting exchange inserted by No. 29/2009 s. 44(1).
"betting exchange" means a facility, electronic or otherwise, that provides a mechanism through which—
(a) offers to enter into betting contracts are regularly made and accepted; or
(b) offers or invitations to enter into betting contracts are regularly made that are intended to result, or may reasonably be expected to result, directly or indirectly, in the acceptance of the offers or invitations—
but does not include a facility that provides a mechanism through which a betting contract is able to be made with a bookmaker or a totalisator;
betting rules means rules made in accordance with Chapter 4 for wagering or approved betting competitions;
"bingo" means the game of bingo or any similar game;
S. 1.3(1) def. of bingo centre substituted by No. 71/2008 s. 19.
"bingo centre" means a house or place in which sessions of bingo are regularly conducted on a commercial basis;
S. 1.3(1)
def. of
bingo centre employee repealed by No. 104/2004 s. 4(4)(a).
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S. 1.3(1)
def. of
bingo centre employee's licence repealed by No. 104/2004 s. 4(4)(a).
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"bingo centre operator" means the holder of a bingo centre operator's licence;
"bingo centre operator's licence" means a licence to operate a bingo centre under Division 1 of Part 5 of Chapter 8;
S. 1.3(1) def. of bookmaker inserted by No. 73/2008 s. 18(3).
"bookmaker" includes—
(a) a person who (whether on the person's own account or as employee or agent of any other person) carries on the business or vocation of or acts as a bookmaker or turf commission agent;
(b) a person who gains or endeavours to gain a livelihood wholly or partly by betting or making wagers;
S. 1.3(1)
def. of bookmaker's key employee inserted by No. 73/2008 s. 18(3).
"bookmaker's key employee" means a person who is—
(a) employed by a bookmaker in a managerial capacity; or
(b) authorised to make decisions, involving the exercise of his or her discretion, which are relevant to the business operations of a bookmaker; or
(c) employed in any other activity relating to the operations of a bookmaker that is specified by the Commission;
S. 1.3(1) def. of business day inserted by No. 27/2013 s. 4(1).
"business day" means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993 ;
S. 1.3(1) def. of cash facility amended by Nos 32/2012 s. 3(2), 62/2017 s. 92(b).
"cash facility" means—
(a) an automatic teller machine; or
(b) an EFTPOS facility; or
(ba) a facility that—
(i) enables a person to obtain funds without a person employed or engaged by a venue operator enabling the obtaining of those funds; and
(ii) issues a receipt or other authority requiring the venue operator to pay to that person cash representing the amount obtained; or
(c) any other prescribed facility that enables a person to gain access to his or her funds or to credit;
"casino" has the same meaning as in the Casino Control Act 1991 ;
"casino licence" means a casino licence issued under the Casino Control Act 1991 ;
"casino operator" has the same meaning as in the Casino Control Act 1991 ;
S. 1.3(1) def. of
casino special employee's licence substituted by No. 104/2004
s. 4(2).
"casino special employee's licence" means a licence issued under Part 4 of the Casino Control Act 1991 ;
"club" includes club, society or other association of persons by whatever name called and whether incorporated or unincorporated;
S. 1.3(1) def. of
club gaming machine entitlement inserted by No. 29/2009 s. 4(1).
"club gaming machine entitlement" means a gaming machine entitlement that is subject to a venue condition that authorises the conduct of gaming in an approved venue in respect of which a club licence or racing club licence is in force;
S. 1.3(1) def. of club keno game repealed by No. 1/2021 s. 9(1)(b).
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S. 1.3(1) def. of
club keno system inserted by No. 104/2004 s. 4(3), repealed by
No. 1/2021 s. 9(1)(b).
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"club licence" means a club licence (whether full or restricted) under section 10 of the Liquor Control Reform Act 1998 ;
S. 1.3(1) def. of commercial raffle organiser inserted by No. 104/2004 s. 4(5).
"commercial raffle organiser" means a person, other than an employee of the holder of a minor gaming permit, who is retained on a commercial basis to conduct a raffle, in whole or in part;
S. 1.3(1) def. of commercial raffle organiser's licence inserted by No. 104/2004 s. 4(5).
"commercial raffle organiser's licence" means a licence granted under Part 5A of Chapter 8;
S. 1.3(1) def. of Commission amended by No. 58/2011 s. 70(1)(a), substituted by No. 54/2021 s. 41(b).
"Commission" means Victorian Gambling and Casino Control Commission established under Part 2 of the Victorian Gambling and Casino Control Commission Act 2011 ;
"commissioner" means a member of the Commission;
S. 1.3(1) def. of c ommon gaming house or place repealed by No. 56/2014 s. 3(a).
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"community or charitable organisation" means an organisation declared to be a community or charitable organisation under Division 1 of Part 3 of Chapter 8;
"community purpose"—
(a) in Division 2 of Part 6 of Chapter 3, has the meaning given in section 3.6.2 ;
(b) elsewhere, means—
(i) any philanthropic or benevolent purpose, including the promotion of art, culture, science, religion, education or charity, and including the benefiting of a fund certified to be a patriotic fund under section 24 of the Patriotic Funds Act 1958 or the fund or part of the fund of the Australian Red Cross Society; or
(ii) any sporting or recreational purpose, including the benefiting of any sporting or recreational club or association;
"computer cabinet" , in relation to a gaming machine, means the sealable cabinet in the machine that contains the game program storage medium and the Random Access Memory;
"computer server" means a computer that is capable of—
(a) communicating with another computer; and
(b) providing to that other computer—
(i) access to a database; or
(ii) transaction based services; or
(iii) software applications;
conduct includes carry on, manage or assist in carrying on or managing;
conduct of gaming has the meaning given in section 3.1.4 ;
S. 1.3(1) def. of constituting document inserted by No. 29/2009 s. 4(1), amended by Nos 20/2012 s. 226(Sch. 5 item 14(b)), 9/2013 s. 42(Sch. 2 item 10).
"constituting document", of a club that is—
(a) a company, means the constitution of the company;
(b) a co-operative (within the meaning of the Co‑operatives National Law (Victoria)), means the rules of the co‑operative;
(c) an incorporated association (within the meaning of the Associations Incorporation Reform Act 2012 ), means the rules of the association;
"decision", in relation to the Commission, includes determination;
S. 1.3(1) def. of declared operator repealed by No. 28/2022 s. 15(g).
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"director", in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act;
S. 1.3(1) def. of domestic partner substituted by No. 12/2008 s. 73(1)(Sch. 1 item 26.1).
"domestic partner" of a person means—
(a) a person who is in a registered relationship with the person; or
(b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—
(i) for fee or reward; or
(ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);
S. 1.3(1) def. of electronic monitoring system substituted by No. 64/2010 s. 34.
electronic monitoring system has the meaning given by section 1.3B ;
S. 1.3(1) def. of entitlement holder inserted by No. 58/2011 s. 70(1)(c).
entitlement holder means a venue operator that is the holder of a gaming machine entitlement;
S. 1.3(1) def. of entitlement holder connected person inserted by No. 58/2011 s. 70(1)(c).
"entitlement holder connected person" means—
(a) a person who has a prescribed interest referred to in paragraph (a) of the definition of prescribed connection ; or
(b) a person who has a prescribed right or power referred to in paragraph (b) of the definition of prescribed connection ; or
(c) a prescribed common person referred to in paragraph (c) of the definition of prescribed connection ; or
(d) a person who is in or has a prescribed relationship referred to in paragraph (d) or (e) of the definition of prescribed connection ; or
(e) a person who is a party to a prescribed agreement or arrangement referred to in paragraphs (f) or (g) of the definition of prescribed connection ;
"executive officer", has the meaning given in section 1.4 ;
S. 1.3(1) def. of Executive Commis-sioner repealed by No. 58/2011 s. 70(2).
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"externally-administered body corporate" has the same meaning as in the Corporations Act;
"function" includes power, authority and duty;
S. 1.3(1) def. of fundraising event amended by No. 56/2014 s. 3(b).
"fundraising event" means an event conducted by a community or charitable organisation for the purpose of raising money for the organisation and at which gambling is conducted;
S. 1,3(1) def. of gambling inserted by No. 56/2014 s. 3(g).
gambling has the meaning given in section 1.3AA;
S. 1.3(1) def. of gambling authorisation inserted by No. 58/2011 s. 70(1)(c).
"gambling authorisation" means a licence, permit or registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4 issued or gaming machine entitlement allocated under this Act;
"gambling business" means the business of conducting or operating an activity that is regulated by this Act;
S. 1.3(1) def. of gambling industry participant inserted by No. 56/2010 s. 57, amended by Nos 60/2011 s. 3(1), 1/2021 s. 9(1)(c), 28/2022 ss 15(a), 127(b), 13/2023 s. 4(a).
"gambling industry participant" means—
(a) a bingo centre operator; or
(b) a holder of a commercial raffle organiser's licence; or
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(e) a keno licensee; or
(f) the monitoring licensee; or
(g) a registered bookmaker; or
(h) a public lottery licensee; or
(i) a registered bookmaker's key employee; or
(j) a venue operator; or
(k) a wagering and betting licensee; or
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(m) a person listed on the Roll; or
(n) a relevant applicant, invitee or registrant;
"gaming Act" means—
(a) this Act;
(b) the Casino Control Act 1991 ;
S. 1.3(1) def. of
gaming equipment substituted by No. 58/2009 s. 4(1) (as
amended by No. 64/2010 s. 48(1)(2)).
"gaming equipment" means any—
(a) gaming machine;
(b) part of, or replacement part for, any such machine;
(c) restricted gaming component;
(d) linked jackpot display payout and linked jackpot payout meter;
S. 1.3(1) def. of
gaming industry employee's licence inserted by No. 104/2004
s. 4(4)(b).
"gaming industry employee's licence" means a licence issued under Chapter 9A;
S. 1.3(1) def. of gaming licence repealed by No. 28/2022 s. 15(g).
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S. 1.3(1) def. of gaming machine amended by No. 28/2022 s. 127(c).
"gaming machine" means any device, whether wholly or partly mechanically or electronically operated, that is so designed that—
(a) it may be used for the purpose of playing a game of chance or a game of mixed chance and skill; and
(b) as a result of making a bet on the device, winnings may become payable—
and includes any machine declared to be a gaming machine under section 3.1.3 but does not include—
(c) a lucky envelope vending machine within the meaning of Chapter 8;
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S. 1.3(1) def. of
gaming machine area substituted by No. 104/2004 s. 4(1).
"gaming machine area" means—
(a) in relation to an approved venue, an area in the approved venue that is approved by the Commission under Part 3 of Chapter 3 as an area in which a gaming machine is permitted to be installed; or
(b) in relation to a casino, an area in the casino that is determined by the Commission under section 3.1.5(3A) to be a gaming machine area only for the purposes referred to in that subsection;
S. 1.3(1) def. of
gaming machine entitlement inserted by No. 29/2009 s. 4(1).
"gaming machine entitlement" means an entitlement created under Part 4A of Chapter 3;
S. 1.3(1) def. of
gaming machine entitlement declared day inserted by No. 29/2009 s. 4(1).
"gaming machine entitlement declared day", in relation to a gaming machine entitlement, means the day declared by the Minister under section 3.4A.1 in relation to that entitlement;
"gaming machine type" means a type of gaming machine, including the machine cabinet and computer hardware and software, on which a range of games may be played without any alteration to the gaming machine other than the substitution of a new game program or an alteration to the information or artwork displayed on the gaming machine;
S. 1.3(1) defs of gaming operator, gaming operator's licence repealed by No. 28/2022 s. 15(g).
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"gaming regulations" means regulations made under a gaming Act;
"gaming token" means Australian currency or any token, credit or any other thing that enables a bet to be made on a gaming machine;
greyhound race means a race in which greyhounds compete;
"GST" has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
"harness race" means a race in which horses compete moving at a gait generally known as pacing or trotting;
"Hospitals and Charities Fund" means the fund established under section 136 of the Health Services Act 1988 ;
horse race means a race in which horses compete but does not include a harness race;
S. 1.3(1) def. of
hotel gaming machine entitlement inserted by No. 29/2009 s. 4(1).
"hotel gaming machine entitlement" means a gaming machine entitlement that is subject to a venue condition that authorises the conduct of gaming in an approved venue in respect of which a pub licence is in force;
S. 1.3(1) def. of
inquiry inserted by No. 58/2011 s. 70(1)(c), amended by
No. 54/2021 s. 41(c).
"inquiry" has the same meaning as in the Victorian Gambling and Casino Control Commission Act 2011 ;
S. 1.3(1)
def. of insolvent under administration repealed by No. 4/2008 s. 32(Sch.
item 12).
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S. 1.3(1) def. of inspector substituted by No. 58/2011 s. 70(1)(b). amended by Nos 54/2021 s. 41(c), 26/2022 s. 11(a).
"inspector" means a gambling and casino inspector appointed under section 40 of the Victorian Gambling and Casino Control Commission Act 2011 ;
S. 1.3(1) def. of interactive game repealed by No. 28/2022 s. 127(d)(i).
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S. 1.3(1) def. of interactive gaming equipment repealed by No. 28/2022 s. 127(d)(i).
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S. 1.3(1) def. of interactive gaming licence repealed by No. 28/2022 s. 127(d)(i).
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S. 1.3(1) def. of
keno game inserted by No. 40/2008 s. 4(1), substituted by Nos
29/2009 s. 69, 1/2021 s. 9(1)(d).
"keno game" means a game—
(a) that is a rapid draw lottery that meets the prescribed minimum frequency of draws (if any); and
(b) the outcome of which is determined by a random number generator that draws—
(i) a number from a set of numbers; or
(ii) a set of numbers from a larger set of numbers; and
(c) that is not conducted on a totalisator; and
(d) the results of which are not based on the outcome of a live event; and
(e) that meets any other prescribed requirements—
but does not include a game that is prescribed not to be a keno game;
S. 1.3(1) def. of
keno licence inserted by No. 40/2008 s. 4(1), amended by
No. 1/2021 s. 9(1)(e).
"keno licence" means a licence granted under Part 3 of Chapter 6A or a temporary keno licence issued under section 6A.3.31;
S. 1.3(1) def. of
keno licensee inserted by No. 40/2008 s. 4(1), amended by
No. 1/2021 s. 9(1)(f).
"keno licensee" means the holder of a keno licence;
S. 1.3(1) def. of
keno system inserted by No. 40/2008 s. 4(1), amended by
No. 1/2021 s. 9(1)(g).
"keno system" means an electronic system for conducting and monitoring approved keno games, including terminals and peripheral equipment for selling tickets and for validating winning tickets, visual display units, the central processing unit, the game result determination device, front-end devices and other equipment for communication within the system and software in so far as it relates to the conduct and monitoring of approved keno games, but not including a personal electronic device used to purchase a ticket directly from a keno licensee online;
S. 1.3(1) def. of
key operative amended by Nos 40/2008 s. 4(2), 1/2021
s. 9(1)(h), 28/2022 s. 15(b), 28/2022 s. 127(d)(ii), 13/2023
s. 4(b).
"key operative" means—
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(ab) a wagering and betting licensee;
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(c) the holder of a venue operator's licence;
(ca) a keno licensee;
(d) a person listed on the Roll;
(e) a casino operator;
(f) a holder of a public lotteries licence;
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(h) a bingo centre operator;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
"licensed premises" has the same meaning as in the Liquor Control Reform Act 1998 ;
S. 1.3(1) def. of licensed provider repealed by No. 28/2022 s. 127(d)(i).
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licensed racing club means Harness Racing Victoria, Greyhound Racing Victoria or a club licensed under section 24A of the Racing Act 1958 ;
S. 1.3(1) def. of licensed technician repealed by No. 104/2004 s. 4(4)(a).
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"liquor" has the same meaning as in the Liquor Control Reform Act 1998 ;
S. 1.3(1) def. of lottery amended by No. 56/2014 s. 3(c) (as amended by No. 64/2014 s. 54(a)).
"lottery" includes—
(a) any scheme by which prizes of money or of any other property, matter or thing are, or are proposed to be, drawn or won by lot, dice or any other mode of chance or by reference to any event or contingency dependent on chance; or
(b) any scheme in which any such prizes are, or are proposed to be, given and in which at any stage the persons eligible to receive the prizes or to participate further in the scheme are, or are to be, determined by lot, dice or any other mode of chance or by reference to any event or contingency dependent on chance despite that at an earlier or later stage a test of knowledge or skill is or may be required to be passed by any person in order to qualify him or her to receive a prize or to participate further in the scheme—
whether the scheme is real or pretended or is established or conducted, or intended or proposed to be established or conducted, and in any case whether wholly or partly in Victoria or elsewhere, but does not include any activity referred to in section 1.3AA(4);
S. 1.3(1) def. of loyalty scheme amended by No. 4/2014 s. 4(b).
"loyalty scheme" means—
(a) a system, used in connection with the operation of gaming machines in approved venues or a casino, in which the players of those gaming machines accumulate bonus, loyalty or reward points from playing the gaming machines; or
(b) any other system that tracks a player's expenditure on a gaming machine other than a pre-commitment mechanism or pre‑commitment system;
"loyalty scheme provider" means a person who conducts a loyalty scheme;
S. 1.3(1) def. of Melbourne Statistical Division repealed by No. 62/2017 s. 98(1).
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S. 1.3(1) def. of metropolitan Melbourne inserted by No. 62/2017 s. 98(2).
"metropolitan Melbourne" means the region that consists of the municipal districts specified in Schedule 5 (subject to any alterations to that region made by regulations referred to in item 3.5B in Schedule 1);
minor means a person who is under the age of 18 years;
S. 1.3(1) def. of money amended by Nos 64/2014 s. 4(b), 28/2022 s. 15(c).
"money" includes bank notes, cheques, drafts provided by an ADI and any order, warrant, commission or request for the payment, collection or receipt of money;
"money clearance" means the removal of gaming tokens from the drop box of a gaming machine;
S. 1.3(1) def. of monitoring equipment inserted by No. 58/2009 s. 4(3) (as amended by No. 64/2010 s. 48(1)(3)).
"monitoring equipment" means any—
(a) electronic monitoring system;
(b) part of, or replacement part of, any such system;
(c) restricted monitoring component;
S. 1.3(1) def. of monitoring licence inserted by No. 29/2009 s. 4(1), amended by No. 56/2010 s. 3.
"monitoring licence" means the licence granted under Division 4 of Part 4 of Chapter 3 or a temporary monitoring licence issued under section 3.4.59I ;
S. 1.3(1) def. of monitoring licensee inserted by No. 29/2009 s. 4(1).
"monitoring licensee" means the holder of the monitoring licence;
S. 1.3(1) def. of monitoring services inserted by No. 4/2014 s. 4(a).
"monitoring services "means the services and other things that are authorised under section 3.4.4(1);
S. 1.3(1) def. of municipal district amended by No. 9/2020 s. 390(Sch. 1 item 45.1).
"municipal district" has the same meaning as in the Local Government Act 2020 ;
S. 1.3(1) def. of municipal limit inserted by No. 39/2007 s. 4.
"municipal limit" means the maximum permissible number, determined and in force under section 3.2.4, of gaming machines available for gaming in a municipal district or part of a municipal district;
"newspaper" includes a newspaper printed in any part of the Commonwealth;
S. 1.3(1) def. of
non-cash gaming token inserted by No. 62/2017 s. 87.
"non-cash gaming token" means a gaming token other than cash;
S. 1.3(1) def. of
Panel repealed by No. 104/2004 s. 40(b).
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"perform a function" includes exercise a power or authority;
S. 1.3(1) def. of person amended by No. 28/2022 s. 15(d).
"person" includes a body (whether or not incorporated) and a partnership;
S. 1.3(1) def. of
player account equipment inserted by No. 4/2014 s. 4(a).
player account equipment has the meaning given in section 3.8A.1 ;
S. 1.3(1) def. of
player card inserted by No. 4/2014 s. 4(a),
substituted byNo. 42/2022 s. 51.
"player card" means a card that stores information and that—
(a) may be used to identify a person to whom it is issued (the player ); and
(b) may be used by the player to apply a time limit or net loss limit to their playing of gaming machines; and
(c) may also be capable of being used by the player to track their playing of gaming machines for the purposes of a loyalty scheme;
S. 1.3(1) def. of
police officer inserted by No. 37/2014 s. 10(Sch. item 72.1),
repealed by No. 26/2022 s. 11(b).
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"political party" means a political party registered under—
(a) the Electoral Act 2002 ; or
(b) the Commonwealth Electoral Act 1918 of the Commonwealth; or
(c) a law of another State or Territory of the Commonwealth corresponding to a law referred to in paragraphs (a) and (b);
S. 1.3(1) def. of
pooling scheme amended by No. 27/2013 s. 4(2).
"pooling scheme" means an arrangement, whether or not in writing and whether or not enforceable at law, under which a person derives a direct or indirect benefit from the gross proceeds of the conduct of a session of bingo games and that person is not the community or charitable organisation which conducts that session;
S. 1.3(1) def. of
pre-commitment mechanism inserted by No. 29/2009 s. 4(1), amended by
No. 43/2012 s. 3(Sch. item 22.1).
"pre-commitment mechanism "means a prescribed mechanism or system that allows a person to set a time limit or net loss limit before that person plays a gaming machine;
S. 1.3(1) def. of
pre-commitment services inserted by No. 4/2014 s. 4(a).
"pre-commitment services "means the services and other things that are authorised under section 3.4.4(1B);
S. 1.3(1) def. of
pre-commitment system inserted by No. 4/2014 s. 4(a).
pre-commitment system has the meaning given in section 3.8A.1 ;
S. 1.3(1) def. of prescribed connection inserted by No. 58/2011 s. 70(1)(c).
"prescribed connection" means—
(a) a prescribed interest (legal or equitable) in or in relation to an entitlement holder; or
(b) a prescribed right or power in relation to an entitlement holder; or
(c) a prescribed common person employed or engaged by 2 or more entitlement holders; or
(d) a prescribed relationship between prescribed persons employed or engaged by an entitlement holder or 2 more entitlement holders; or
(e) a prescribed relationship between a person employed or engaged by an entitlement holder and another person; or
(f) a prescribed agreement or arrangement between entitlement holders or an entitlement holder and another person; or
(g) a prescribed agreement or arrangement between persons employed or engaged by an entitlement holder or 2 or more entitlement holders;
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
S. 1.3(1) def. of
pub licence amended by No. 59/2009 s. 33.
"pub licence" means a general licence under section 8 or a late night (general) licence under section 11A of the Liquor Control Reform Act 1998 ;
public lottery has the meaning given in section 5.1.2;
S. 1.3(1) def. of
public lottery licence amended by No. 54/2006 s. 3(c).
"public lottery licence" means a public lottery licence issued under Division 2 of Part 3 of Chapter 5 or a temporary public lottery licence issued under section 5.3.27;
"public lottery licensee" means a person or body that holds a public lottery licence;
S. 1.3(1) def. of
public place inserted by No. 25/2009 s. 12.
"public place" includes—
(a) a public highway;
(b) a park, garden, reserve or other place of public recreation or resort;
(c) a railway station, platform or carriage;
(d) a wharf, pier or jetty;
(e) a passenger ship or hire vessel;
(f) a hire vehicle;
(g) a church or chapel open to the public or any other building where divine service is publicly held;
(h) a State school, including the school's land or premises;
(i) a public hall, theatre or room where members of the public are, or are assembling for or departing from, a public entertainment or meeting;
(j) a market;
(k) an auction room, mart or place while a sale or auction is proceeding;
(l) licensed premises or authorised premises within the meaning of the Liquor Control Reform Act 1998 ;
(m) a racecourse, cricket ground, football ground or other sporting ground where members of the public are present or are permitted to have access to, whether with or without an admission fee;
(n) any open place to which the public have access;
race includes a division of a race;
S. 1.3(1) def. of racecourse inserted by No. 56/2014 s. 3(g).
"racecourse" means land used for race meetings;
S. 1.3(1)
def. of
race field inserted by No. 92/2005 s. 5.
"race field" means any information that identifies, or is capable of identifying, the names or numbers of the horses or greyhounds—
(a) nominated for, or which will otherwise take part in, an intended horse race, harness race or greyhound race to be conducted in Victoria; or
(b) that have been scratched or withdrawn from an intended horse race, harness race or greyhound race to be conducted in Victoria;
S. 1.3(1) def. of race meeting amended by No. 56/2014 s. 3(d)(e).
"race meeting" means a meeting conducted by a licensed racing club for the purpose of horse racing, harness racing or greyhound racing;
* * * * *
"racing club licence" means a licence under Part I of the Racing Act 1958 ;
"Racing Products" means Racing Products Victoria Pty Ltd (A.C.N. 064 067 867);
S. 1.3(1) def. of
Racing Victoria inserted by No. 40/2008 s. 4(1).
"Racing Victoria" has the same meaning as in Part I of the Racing Act 1958 ;
"raffle"—
(a) means any lottery by which any property, matter or thing (not including money, stocks or shares or any warrant, order or security for the payment of money) is assigned by the drawing of lots or by any other method of chance to one or more of a number of persons each of whom has paid a certain sum for a chance of taking or participating in such assignment; and
(b) despite paragraph (a), includes any lottery in which money is assigned if—
(i) the money is part of a prize which includes travel or accommodation or both; and
(ii) the value of the money assigned does not exceed 10% of the total value of the prize or any other amount that is approved by the Commission in writing in a particular case;
"random number generator" means a machine or device that is so designed that it may be used to select random numbers;
refund means the amount of an investment made in a totalisator under this Act which is repayable to an investor (whether wholly or partly) in accordance with the betting rules;
S. 1.3(1) def. of regional limit substituted by No. 58/2009 s. 4(2) (as amended by No. 64/2010 s. 48(1)).
"regional limit" means—
(a) the maximum permissible number of gaming machines available for gaming in a region of the State determined and in force under section 3.2.4; or
(b) the maximum permissible number of gaming machine entitlements under which gaming may be conducted in a region of the State determined and in force under section 3.4A.5(3A);
S. 1.3(1) def. of Register amended by No. 29/2009 s. 84(1).
"Register" means the Register of Venue Operators and Approved Venues established and maintained under section 3.4.13;
S. 1.3(1) def. of registered bookmaker amended by No. 73/2008 s. 18(2).
"registered bookmaker" means the holder of a current certificate of registration as a registered bookmaker under Part 5A of Chapter 4;
S. 1.3(1) def. of registered bookmaker's key employee inserted by No. 73/2008 s. 18(3).
"registered bookmaker's key employee" means the holder of a current certificate of registration as a registered bookmaker's key employee under Part 5A of Chapter 4;
"registered company auditor" means a person registered as an auditor, or taken to be so registered, under Part 9.2 of the Corporations Act;
New s. 1.3(1) def. of related body corporate inserted by No. 38/2017 s. 86(2).
"related body corporate", in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act;
S. 1.3(1) def. of related entity repealed by No. 28/2022 s. 15(g).
* * * * *
S. 1.3(1) def. of
related body corporate repealed by No. 38/2017 s. 86(1).
* * * * *
S. 1.3(1) def. of relevant applicant, invitee or registrant inserted by No. 60/2011 s. 3(2), amended by Nos 1/2021 s. 9(2), 13/2023 s. 4(c).
"relevant applicant, invitee or registrant" means—
(a) a person the Minister has invited to apply for the monitoring licence but that has not applied for the monitoring licence under section 3.4.42; or
(ab) a person the Minister has invited to apply for a wagering and betting licence but that has not applied for a wagering and betting licence under section 4.3A.5; or
(ac) a person the Minister has invited to apply for a keno licence but that has not applied for a keno licence under section 6A.3.5; or
(b) a person the Minister is considering to invite to apply for the monitoring licence under section 3.4.40; or
(ba) a person the Minister is considering to invite to apply for a wagering and betting licence under section 4.3A.3; or
(bb) a person the Minister is considering to invite to apply for a keno licence under section 6A.3.3; or
(c) a person who registers an interest in the grant of a public lottery licence; or
(d) an applicant for the monitoring licence, a wagering and betting licence, a public lottery licence or a keno licence;
relevant financial interest has the meaning given in section 1.4 ;
relevant power has the meaning given in section 1.4;
relative has the meaning given in section 1.4;
S. 1.3(1)
def. of Responsible Gambling Code of Conduct inserted by No. 72/2007
s. 3.
"Responsible Gambling Code of Conduct" means a Code of Conduct to foster responsible gambling;
S. 1.3(1) def. of
responsible gambling services inserted by No. 4/2014 s. 4(a).
"responsible gambling services" means the services and other things that are authorised under section 3.4.4(1A);
S. 1.3(1) def. of responsible gambling sign inserted by No. 29/2009 s. 63(2).
"responsible gambling sign" means a sign (whether consisting of words, symbols, pictures or any other thing) that—
(a) can reasonably be taken to be intended to foster responsible gambling in order to minimise the harm caused by problem gambling; and
(b) is prescribed;
S. 1.3(1) def. of restricted component repealed by No. 58/2009 s. 4(4) (as amended by No. 64/2010 s. 48(1)).
* * * * *
S. 1.3(1) def. of restricted gaming component inserted by No. 58/2009 s. 4(3) (as amended by No. 64/2010 s. 48(1)).
"restricted gaming component", in relation to gaming equipment, means any component that is prescribed as a restricted gaming component;
S. 1.3(1) def. of restricted monitoring component inserted by No. 58/2009 s. 4(3) (as amended by No. 64/2010 s. 48(1)).
"restricted monitoring component", in relation to monitoring equipment, means any component that is prescribed as a restricted monitoring component;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
"Roll" means the Roll of Manufacturers, Suppliers and Testers established under section 3.4.60;
S. 1.3(1) def. of Secretary inserted by No. 40/2008 s. 4(1), amended by No. 1/2021 s. 9(1)(i).
"Secretary" means Secretary to the Department of Justice and Community Safety;
S. 1.3(1) def. of
self-excluded person inserted by No. 72/2007 s. 3.
"self-excluded person" means a person who has voluntarily excluded himself or herself from a gaming machine area under a self-exclusion program;
S. 1.3(1) def. of
self-exclusion program inserted by No. 72/2007 s. 3.
"self-exclusion program" means a program that—
(a) enables a person to voluntarily exclude himself or herself from a gaming machine area; and
(b) enables the venue operator to prohibit such a person from that area;
"sell" includes offer for sale;
S. 1.3(1) def. of
senior police officer inserted by No. 37/2014 s. 10(Sch. item
72.1).
"senior police officer" means a police officer of or above the rank of inspector;
"share", in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act;
S. 1.3(1) def. of
soccer football pool substituted by No. 54/2006 s. 3(b),
amended by Nos 22/2005 s. 6(2), 72/2007 s. 51(a).
"soccer football pool" means a lottery in which the prizes are distributed on the basis of results of soccer football matches in Australia or elsewhere and in accordance with the lottery rules for the lottery, whereby results are selected and given an order of rank;
S. 1.3(1)
def. of
special employee's licence repealed by No. 104/2004
s. 4(4)(a).
* * * * *
"spin" means a sequence of actions and states in a gaming machine initiated by a player through a wagering of credits and terminated when all credits wagered have been lost or all winnings have been transferred to the gaming machine's total wins meter and the player's credit meter;
"spin rate", in relation to a gaming machine, means the interval between spins on the gaming machine;
S. 1.3(1)
def. of
sports betting event inserted by No. 18/2007 s. 4(a).
sports betting event has the meaning given in section 4.5.1 ;
S. 1.3(1)
def. of
sports betting provider inserted by No. 18/2007 s. 4(a).
sports betting provider has the meaning given in section 4.5.1 ;
S. 1.3(1)
def. of
sports controlling body inserted by No. 18/2007 s. 4(a).
sports controlling body has the meaning given in section 4.5.1 ;
"spouse" of a person means a person to whom the person is married;
S. 1.3(1) def. of standard entitlement-related conditions inserted by No. 62/2017 s. 67.
standard entitlement-related conditions has the meaning given in section 3.4A.4A(1);
S. 1.3(1) def. of standard monitoring-related conditions inserted by No. 62/2017 s. 67.
standard monitoring-related conditions has the meaning given in section 3.4A.4B(1);
S. 1.3(1) def. of standard pre-commitment conditions inserted by No. 62/2017 s. 67.
standard pre-commitment conditions has the meaning given in section 3.8A.19A(1);
S. 1.3(1) def. of subsidiary amended by No. 28/2022 s. 15(e).
"subsidiary"—
(a) in relation to a body corporate, means another body corporate that is a subsidiary of the first-mentioned body corporate within the meaning of the Corporations Act (but not a subsidiary of another such body corporate);
(b) in relation to any other body, means a body corporate that, if the body were a body corporate, would be a subsidiary of the body within the meaning of the Corporations Act (but not a subsidiary of another such body corporate);
"tabaret premises" means—
(a) the Old Ballarat Village situated at 623–643 Main Road, Ballarat;
(b) Tabaret situated at the All Seasons Motor Inn, 171–183 McIvor Road, Bendigo;
S. 1.3(1) def. of technician's licence repealed by No. 104/2004 s. 4(4)(a).
* * * * *
"telecommunication device" means—
(a) a computer adapted for communicating by way of the internet or another communications network; or
(b) a television receiver adapted to allow the viewer to transmit information by way of a cable television network or another communications network; or
(c) a telephone; or
(d) any other electronic device or thing for communicating at a distance;
the applied provisions has the meaning given in section 9.1.2 ;
this Act includes the applied provisions;
S. 1.3(1) def. of
ticket amended by No. 54/2006 s. 3(d).
"ticket" includes—
(a) any document or thing purporting to be, or usually or commonly known as, a ticket or giving, or purporting to give, or usually or commonly understood to give, any right, title, chance, share, interest, authority or permission in or in connection with a lottery, or intended or proposed lottery, or any game, including a ticket in electronic form; and
(b) in relation to a totalisator—a card, token or thing entitling or purporting to entitle any person to any interest in any dividend, division or distribution of any money by means of, or in connection with, or as the result of, the operation of a totalisator;
totalisator means a scheme of pari-mutuel betting, whether conducted by means of an instrument or contrivance known as a totalisator or otherwise;
"trade or business", in relation to a community or charitable organisation, includes the conduct of a trade or business of promoting a community or charitable purpose of the organisation;
"trade promotion lottery" means a lottery for the promotion of a trade or business;
"Tribunal" means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 ;
S. 1.3(1) def. of Trustees repealed by No. 28/2022 s. 15(g).
* * * * *
S. 1.3(1) def. of unauthorised gambling inserted by No. 56/2014 s. 3(g).
"unauthorised gambling" means gambling that is not authorised by or under this Act or another Act;
S. 1.3(1) def. of unlawful game repealed by No. 56/2014 s. 3(f).
* * * * *
S. 1.3(1) def. of value inserted by No. 62/2017 s. 87.
"value" of a non-cash gaming token means the value that—
(a) is stored on or in respect of the token; and
(b) can be used to cause gaming machine credits to be registered by a gaming machine;
S. 1.3(1) def. of
vehicle inserted by No. 25/2009 s. 12.
"vehicle" includes motor vehicle, aircraft, vessel, caravan and trailer;
"venue operator" means the holder of a venue operator's licence;
S. 1.3(1) def. of
venue operator's licence substituted by No. 29/2009 s. 4(2).
"venue operator's licence" means a club venue operator's licence or a hotel venue operator's licence issued under Division 2 of Part 4 of Chapter 3;
S. 1.3(1) def. of
vessel inserted by No. 25/2009 s. 12.
"vessel" includes a ship, boat or vehicle that is capable of use in or on water, whether floating or submersible and whether or not self propelled;
"VicRacing" means VicRacing Pty Ltd (A.C.N. 064 067 849);
"Victorian company" means a company within the meaning of the Corporations Act that is taken to be registered in Victoria;
"voting share", in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act;
wagering means pari-mutuel betting on a horse race, harness race or greyhound race;
S. 1.3(1) def. of wagering and betting licence inserted by No. 40/2008 s. 4(1), amended by No. 13/2023 s. 4(d).
"wagering and betting licence" means a licence granted under Part 3A of Chapter 4 or a temporary wagering and betting licence issued under section 4.3A.31;
S. 1.3(1) def. of wagering and betting licensee inserted by No. 40/2008 s. 4(1), amended by No. 13/2023 s. 4(e).
"wagering and betting licensee" means the holder of a wagering and betting licence;
S. 1.3(1) def. of wagering and betting operator inserted by No. 32/2012 s. 3(3), substituted by No. 13/2023 s. 4(f).
"wagering and betting operator" means a company appointed under section 4.3A.15A as operator of a wagering and betting licence;
wagering event means a horse race, harness race or greyhound race;
S. 1.3(1) defs of wagering licence, wagering operator repealed by No. 28/2022 s. 15(g).
* * * * *
S. 1.3(1) def. of wagering service provider inserted by No. 56/2014 s. 3(g) (as amended by No. 64/2014 s. 54(b)).
"wagering service provider" means—
(a) a person who operates a totalisator in Victoria or elsewhere;
(b) a person who operates a betting exchange in Victoria or elsewhere;
(c) a person who, in Victoria or elsewhere, carries on the business of, or acts as, a bookmaker or turf commission agent;
(d) a person who, in Victoria or elsewhere, gains or endeavours to gain their livelihood wholly or partly by betting or making wagers;
(e) an employee or agent of a person mentioned in paragraph (a), (b), (c) or (d);
S. 1.3(1) def. of wholly‑owned subsidiary amended by No. 28/2022 s. 15(f).
"wholly-owned subsidiary"—
(a) in relation to a body corporate, means a wholly-owned subsidiary of the body corporate within the meaning of the Corporations Act;
* * * * *
(c) in relation to any other body, means a body corporate that would be a wholly-owned subsidiary of the body within the meaning of the Corporations Act if the body were a body corporate;
"written notice" includes a notice given in the form of electronic data from which a written document can be produced or reproduced.
S. 1.3(2) substituted by No. 12/2008 s. 73(1)(Sch. 1 item 26.2).
(2) For the purposes of the definition of domestic partner in subsection (1)—
(a) registered relationship has the same meaning as in the Relationships Act 2008 ; and
(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and
(c) a person is not a domestic partner of another person only because they are co-tenants.
S. 1.3(2A) inserted by No. 60/2011 s. 3(3).
(2A) A reference to a person listed on the Roll is to be read as a reference to the person being listed in the appropriate division of the Roll as determined by the Commission on the granting of that person's application under section 3.4.63.
S. 1.3(3) amended by Nos 58/2011 s. 70(3), 54/2021 s. 41(d).
(3) The Commission may, by instrument, appoint an employee or member of staff referred to in section 29 of the Victorian Gambling and Casino Control Commission Act 2011 to be an authorised person for the purposes of this Act.
S. 1.3(4) inserted by No. 73/2008 s. 18(4).
(4) For the purposes of the definition of bookmaker's key employee in subsection (1), the Commission may specify any activity relating to the operations of a bookmaker by giving written notice to the bookmaker.
S. 13AA inserted by No. 56/2014 s.4 (as amended by No. 64/2014 s. 55)).