Victorian Current Acts

GAMBLING REGULATION ACT 2003 - SECT 3.4.59LF

    (1)     This section applies if the Minister does not grant any application for the monitoring licence.

S. 3.4.59LF(2) amended by No. 60/2011 s. 17(1).

    (2)     The Minister may, if the Minister is satisfied that it is in the public interest to do so, direct, by written notice, the Commission to appoint a person or persons (a monitoring services provider ) to provide monitoring services.

S. 3.4.59LF(3) substituted by No. 60/2011 s. 17(2).

    (3)     On receiving a written notice under subsection (2), the Commission must, by instrument, appoint a person or persons as a monitoring services provider or providers for the purposes of this section.

    (4)     In appointing a monitoring services provider, the Commission must have regard to the suitability of the person to do what is provided for under subsection (2).

    (5)     A monitoring services provider is appointed—

        (a)     by the Commission as directed by written notice by the Minister; and

        (b)     on such terms and conditions as the Minister thinks fit.

    (6)     The terms and conditions under subsection (5)(b)—

        (a)     may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission; and

        (b)     may require the monitoring services provider to enter into one or more agreements with the Minister, or a person nominated by the Minister, dealing with matters related to provision of monitoring services (a related agreement ); and

        (c)     may determine—

              (i)     the maximum amount of damages that may be payable under a related agreement for a breach of a specified condition;

              (ii)     the maximum amount of damages that may be payable under a related agreement to a specified person for a breach of a specified condition;

              (iii)     the kinds of events or circumstances that could form the basis of a condition referred to in subparagraph (i) or (ii).

    (7)     The appointment of a monitoring services provider—

        (a)     may be terminated at any time—

              (i)     by the Commission; or

              (ii)     by the Commission as directed by written notice of the Minister; and

        (b)     is terminated on the later of—

              (i)     the day the monitoring licence is issued; or

              (ii)     if the monitoring licence that is issued takes effect at a time specified in the monitoring licence that is later than the time of issue, that time.

    (8)     A monitoring services provider—

        (a)     is taken to have, in connection with the provision of the monitoring services, all the functions and powers of the monitoring licensee; and

        (b)     must provide monitoring services in accordance with this Act, the regulations and the provider's terms of appointment under subsection (5).

S. 3.4.59LF(9) substituted by No. 60/2011 s. 17(3).

    (9)     If the appointment of a monitoring services provider is terminated, the monitoring services provider ceases to be taken to have the functions and powers of the monitoring licensee.

S. 3.4.59LG (Heading) amended by No. 60/2011 s. 18(1).

S. 3.4.59LG inserted by No. 58/2009 s. 39.