Victorian Numbered Acts Victorian Numbered ActsFor Part 2 of Chapter 2 of the Gambling Regulation Act 2003 substitute —
(1) A person must not conduct unauthorised gambling.
Penalty: 100 penalty units.
(2) Without limiting subsection (1), a person conducts unauthorised gambling if the person—
(a) organises, manages or supervises unauthorised gambling; or
(b) distributes a prize offered in unauthorised gambling; or
(c) distributes money or other valuable consideration paid or staked in unauthorised gambling; or
(d) facilitates participation in unauthorised gambling (including by allowing a person to participate in unauthorised gambling); or
(e) uses a document, device, piece of equipment or other thing for the purposes of enabling unauthorised gambling to take place; or
(f) assists in an activity described in paragraph (a), (b), (c), (d) or (e).
(3) A person does not conduct unauthorised gambling merely because the person participates in unauthorised gambling.
(1) This section applies if a person ( the participant ) has paid or staked money or other valuable consideration in unauthorised gambling.
(2) Each person who conducted the unauthorised gambling is jointly and severally liable to return the money or other valuable consideration (or the value of the valuable consideration) to the participant.
(3) The participant may recover the money or other valuable consideration (or the value of the valuable consideration) in a court of competent jurisdiction.
(1) A person may, in accordance with this section, offer a prize at a place or function specified in subsection (2) or any similar place or function.
(2) The following places and functions are specified for the purposes of subsection (1)—
(a) an amusement centre;
(b) a tourist centre;
(c) a recreational centre;
(d) a fete;
(e) a fair;
(f) a bazaar;
(g) a carnival;
(h) a gymkhana.
(3) A person conducting an activity referred to in subsection (1) must—
(a) ensure that the value of the money or valuable consideration to which each participant is entitled at each attempt does not exceed $50; and
(b) comply with the prescribed standards and conditions.
(4) A person conducting an activity referred to in subsection (1) may engage in that activity by means of a device or game.
(1) A person may conduct a game of two-up on ANZAC Day—
(a) at any premises being used on that day by any sub-branch of the Returned and Services League; and
(b) at any premises, or in any area, approved for the purposes of this subsection by the Returned and Services League.
(2) A person may conduct a game of two-up at any function commemorating ANZAC Day if the function—
(a) is held not more than 7 days before ANZAC Day; and
(b) is organised by a sub-branch of the Returned and Services League; and
(c) is held at any place which is owned or occupied by the sub-branch and which is approved for the purposes of this subsection by the Returned and Services League.
(1) A person may conduct a betting game on a foot race or bicycle race that is—
(a) conducted by a club or other organisation affiliated with the Victorian Athletic League or Victorian Cycling Incorporated; and
(b) approved by a prescribed person.
(2) An application for approval of a foot race or bicycle race must be accompanied by the prescribed fee (if any).
(3) An approval may be given in respect of a specified race or races of a specified class.
(1) A club may conduct Calcutta Sweepstakes in accordance with an approval issued under this section.
(2) A club may apply to the Minister for approval to conduct Calcutta Sweepstakes.
(3) An application must be accompanied by the prescribed fee (if any).
(4) The Minister may issue an approval under this section and for that purpose may take into account any matter that the Minister considers relevant.
(5) Without limiting subsection (4), the Minister may consider—
(a) whether the club is conducted in good faith; and
(b) whether the club has contravened any law relating to gambling; and
(c) the types of sporting events on which the club wishes to conduct Calcutta Sweepstakes.
(6) An approval is subject to the following conditions—
(a) the Calcutta Sweepstakes may be conducted only with respect to sporting contingencies;
(b) subscriptions may be canvassed or made only on the club premises;
(c) participation must be limited to members of the club and their guests;
(d) not more than 5% of the proceeds of each sweepstake may be retained by the club for its expenses of conducting the sweepstake and the whole of the remainder must be distributed as prizes among the participants;
(e) no written notice or advertisement of a Calcutta Sweepstake may be exhibited, distributed or published except—
(i) a notice exhibited on the premises of the club; or
(ii) a circular to members advising of the intention to conduct the sweepstake;
(f) a Calcutta Sweepstake must be conducted in accordance with the regulations (if any);
(g) any other conditions that the Minister thinks fit.
(7) An approval under this section is not transferable to any other club.
(1) The Minister may suspend or revoke an approval under section 2.2.6 by giving the holder of the approval a written notice stating the reason for the suspension or revocation.
(2) Without limiting subsection (1), the Minister may suspend or revoke an approval if the holder of the approval has contravened this Act, the regulations or a condition of the approval.
(1) A person must not publish, or cause to be published, any advertising that contains any information, term, expression, symbol or other thing associated with unauthorised gambling.
Penalty: 100 penalty units.
(2) For the purposes of subsection (1), information or a term, expression, symbol or other thing is taken to be associated with unauthorised gambling if—
(a) a reasonable person with ordinary knowledge who is a resident of Victoria would consider it to be associated with gambling; and
(b) the gambling with which it would be considered to be associated is unauthorised gambling.
(3) In this section—
"publish" includes disseminate in any way, whether by oral, visual, written or other means (for example, dissemination by means of cinema, video, radio, electronics, the Internet or television or by means of promotional material such as club journals, brochures or flyers).".