Victorian Current Acts Victorian Current Acts(1) Subject to this section, the Minister may from time to time—
(a) create gaming machine entitlements;
S. 3.4A.5(1)(b) amended by Nos 58/2009 s. 44(1), 62/2017 s. 6(1).
(b) allocate gaming machine entitlements to venue operators, including gaming machine entitlements forfeited to the State under Division 6, 7, 8 or 8A or purchased under Division 5A;
S. 3.4A.5(1)(c) inserted by No. 62/2017 s. 6(2).
(c) allocate to venue operators gaming machine entitlements surrendered under Division 5AA;
S. 3.4A.5(1)(d) inserted by No. 62/2017 s. 6(2).
(d) subject to subsection (1A), allocate to venue operators gaming machine entitlements that—
(i) have been designated for surrender under Division 5AA; but
(ii) have not yet been surrendered under that Division.
S. 3.4A.5(1A) inserted by No. 62/2017 s. 6(3).
(1A) The allocation of a gaming machine entitlement referred to in subsection (1)(d) takes effect immediately after the entitlement is surrendered under that Division.
(2) The Minister—
S. 3.4A.5(2)(a) amended by No. 56/2010 s. 22.
(a) must not create more gaming machine entitlements than the Minister has specified in an Order under subsection (3); and
(b) must not allocate a club gaming machine entitlement to a venue operator who does not hold a club venue operator's licence.
S. 3.4A.5(3) amended by No. 58/2009 s. 44(2), substituted by No. 73/2014 s. 9(1).
(3) The Minister, by Order published in the Government Gazette, must from time to time specify the maximum number of gaming machine entitlements under which gaming may be conducted in the State.
S. 3.4A.5(3A) inserted by No. 58/2009 s. 44(3), amended by No. 73/2014 s. 9(2).
(3A) The Minister may, by Order published in the Government Gazette, in respect of a region or municipal district from time to time—
(a) determine the maximum permissible number of gaming machine entitlements under which gaming may be conducted in the region or municipal district; or
(b) require the Commission, based on criteria specified in the Order, to determine the maximum permissible number of gaming machine entitlements under which gaming may be conducted in the region or municipal district.
S. 3.4A.5(3B) inserted by No. 58/2009 s. 44(3).
(3B) An Order under subsection (3A) in relation to a municipal limit may exclude part of the municipal district from the Order.
S. 3.4A.5(3C) inserted by No. 58/2009 s. 44(3).
(3C) If any part of a municipal district is subject to a regional limit, an Order under subsection (3A) in relation to a municipal limit applies only to the part (if any) of the municipal district that is not subject to the regional limit.
S. 3.4A.5(3D) inserted by No. 58/2009 s. 44(3).
(3D) An Order under subsection (3) or (3A) must specify the date on which it takes effect.
S. 3.4A.5(4) amended by No. 62/2017 s. 6(4).
(4) Subject to subsections (5) to (8), the Minister may impose on a gaming machine entitlement—
(a) a condition that specifies the region or municipal district in which gaming may be conducted under that entitlement (a geographic area condition ); and
(b) a condition that specifies the type of approved venue in which gaming may be conducted under that entitlement (a venue condition ).
S. 3.4A.5(5) amended by No. 62/2017 s. 101(3).
(5) The imposition of geographic area conditions under subsection (4)(a) must result in at least 20% of all gaming machine entitlements created authorising the conduct of gaming in a region or municipal district outside metropolitan Melbourne.
S. 3.4A.5(6), amended by No. 58/2009 s. 44(4), substituted by No. 62/2017 s. 10.
(6) The imposition of venue conditions under subsection (4)(b) must not result in a contravention of section 3.4A.5AA(1) or (2).
Note
Section 3.4A.5AA(1) and (2) specify that certain percentages of gaming
machine entitlements must
relate to specified types of approved venues.
S. 3.4A.5(7) amended by No. 58/2009 s. 44(5).
(7) In addition, a geographic area condition to which a gaming machine entitlement is subject must not be inconsistent with an Order under subsection (3A).
(8) In addition, a venue condition to which a gaming machine entitlement is subject must not be inconsistent with a direction under section 3.2.3.
S. 3.4A.5(8A) inserted by No. 62/2017 s. 6(5).
(8A) Subject to subsection (8B), the Minister may impose or vary a geographic area condition or venue condition on a gaming machine entitlement at any time while it is unallocated.
S. 3.4A.5(8B) inserted by No. 62/2017 s. 6(5).
(8B) The Minister may only vary a venue condition on a gaming machine entitlement that is forfeited or surrendered if the Minister has first offered the entitlement to venue operators in accordance with the gaming machine entitlement allocation and transfer rules for at least 6 months.
S. 3.4A.5(8C) inserted by No. 62/2017 s. 6(5).
(8C) The Minister must not allocate a gaming machine entitlement that does not include a geographic area condition and a venue condition.
S. 3.4A.5(9) amended by No. 62/2017 s. 6(6).
(9) Subject to subsection (9A), the Minister may determine—
(a) the process for allocating gaming machine entitlements;
(b) whether an amount or amounts must be paid by a person to whom a gaming machine entitlement is allocated;
S. 3.4A.5
(9)(ba) inserted by No. 62/2017 s. 6(7).
(ba) for a gaming machine entitlement that takes effect on or after 16 August 2022—
S. 3.4A.5 (9)(ba)(i) amended by No. 1/2021 s. 15.
(i) whether an amount determined under paragraph (b) is an amount in respect of the period that begins when the entitlement takes effect and ends on 15 August 2032;
(ii) that the Minister may determine, at a later date, the amount in respect of the subsequent period;
(c) the terms and conditions for any payment for a gaming machine entitlement;
(d) the requirements to be complied with by a person wishing to participate in the process for allocating gaming machine entitlements including any eligibility criteria;
(e) the day on which a gaming machine entitlement takes effect.
S. 3.4A.5(9A) inserted by No. 62/2017 s. 6(8).
(9A) The Minister must not make a determination under subsection (9)(b) or (ba) that is inconsistent with the provisions of the gaming machine entitlement allocation and transfer rules referred to in section 3.4A.3(1A).
(10) The process and the requirements determined under subsection (9)(a) and (d) may be a process or requirements specified under the gaming machine entitlement allocation and transfer rules.
(11) The matters or things determined under subsection (9)(a), (d) and (e) must be published in the Government Gazette.
S. 3.4A.5AA inserted by No. 62/2017 s. 11.