Victorian Current Acts

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GAMBLING REGULATION ACT 2003 - SECT 2.5A.9

Fixed term ban order

S. 2.5A.9(1) substituted by No. 9/2018 s. 5(1).

    (1)     The Minister may make an order banning a gambling product or gambling practice that is the subject of an interim ban order for a period not exceeding 10 years, if the Minister is satisfied that the product or practice undermines or may undermine a responsible gambling objective.

S. 2.5A.9(1A) inserted by No. 9/2018 s. 5(1).

    (1A)     In making a fixed term ban order—

        (a)     the Minister must consider, but is not bound by, any submissions received under section 2.5A.4; and

        (b)     the Minister may seek, but is not bound by, the advice of any person the Minister thinks fit.

S. 2.5A.9(1B) inserted by No. 9/2018 s. 5(1).

    (1B)     The Minister may make a fixed term ban order even if the Minister has not received any submissions within the time limit referred to in  section 2.5A.4(3).

S. 2.5A.9(2) substituted by No. 9/2018 s. 5(2).

    (2)     In circumstances where the Minister is not aware of any person providing a gambling product or engaging in a gambling practice that is the subject of an interim ban order, the Minister may not make a fixed term ban order until at least 90 days after the interim ban order is made.

    (3)     The Minister may make a fixed term ban order whether or not—

        (a)     the gambling product has been offered or provided, or the gambling practice has been adopted, in Victoria; or

        (b)     the interim ban order in respect of the gambling product or gambling practice has expired.

    (4)     The Minister makes a fixed term ban order by notice published in the Government Gazette.

    (5)     If the Minister makes a fixed term ban order—

        (a)     the Minister must publish notice of the making of the order in a newspaper circulating generally in Victoria; and

        (b)     the Minister must cause a copy of the order to be presented to each House of Parliament within 6 sitting days of that House after the making of the order; and

        (c)     the Minister must give a copy of the notice to the Commission; and

        (d)     the Commission must cause a copy of the notice to be made available on its website as soon as practicable after receiving the copy from the Minister.

    (6)     A notice under subsection (4) or (5) must include the Minister's reasons for making the fixed term ban order.

S. 2.5A.10 inserted by No. 71/2008 s. 5.



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