Victorian Numbered Acts

GAMBLING AND LIQUOR LEGISLATION AMENDMENT ACT 2022 (NO. 28 OF 2022)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  

   PART 2--AMENDMENT OF CASINO CONTROL ACT 1991

           Division 1--Amendments commencing on day after Royal Assent

   3.      Definitions  
   4.      Person licensed under Gambling Regulation Act 2003  
   5.      Conduct of gaming  
   6.      Credit etc.  
   7.      Approval of betting competitions  
   8.      Content of approved system  
   9.      Banking  

           Division 2--Other amendments

   10.     Definitions  
   11.     Licensed casinos declared lawful  
   12.     Conduct of gaming  
   13.     Payment of winnings and cashing of cheques  
   14.     Content of approved system  

   PART 3--AMENDMENT OF GAMBLING REGULATION ACT 2003

           Division 1--Amendments commencing on day after Royal Assent

   15.     Definitions  
   16.     Conduct of gaming and playing gaming machines  
   17.     Application of Chapter to tabaret premises  
   18.     Possession of gaming equipment or monitoring equipment may be authorised  
   19.     Restrictions for the monitoring licensee and related persons  
   20.     Repeal of obsolete provisions regarding gaming operators  
   21.     Authority conferred by listing on the Roll  
   22.     Offence to breach licence conditions  
   23.     Further repeal of obsolete provisions regarding gaming operators  
   24.     Definitions for Division 4 of Part 4 of Chapter 3  
   25.     Licence may authorise preparatory action  
   26.     Application to be listed on Roll  
   27.     Payments etc. to venue operator unlawful  
   28.     Requirement to hold gaming machine entitlements  
   29.     Related agreements must be entered into before gaming machine entitlement may be transferred  
   30.     Exemption from requirement to pay for transfer related to refusal to grant relevant authority  
   31.     Exemption from requirement to pay for transfer related to sale of approved venue  
   32.     Gaming machine contracts to be approved by Commission  
   33.     Commission's standards for gaming machine types and games  
   34.     Variation of gaming machine types and games  
   35.     Withdrawal of approval  
   36.     Identification of machines  
   37.     Gaming prohibited on unprotected devices  
   38.     Testing of electronic monitoring system  
   39.     Approval of electronic monitoring system  
   40.     Installation and storage of gaming machines  
   41.     Certificates of installation—gaming equipment and monitoring equipment  
   42.     Gaming machines must be connected to approved electronic monitoring system  
   43.     Malfunction of gaming machines  
   44.     Defective gaming machines not allowed  
   45.     Commission may give directions  
   46.     Inducements, cheating etc.  
   47.     Responsible gaming measures  
   48.     Credit etc.  
   49.     Payment of accumulated credits by cheque or electronic funds transfer  
   50.     Prohibition on publishing gaming machine advertising by or on behalf of gaming operators  
   51.     Prohibition on publishing gaming machine advertising by others  
   52.     Returns to players  
   53.     Repeal of obsolete sections regarding gaming operators  
   54.     Community benefit statements  
   55.     Interest on late payment  
   56.     Hospitals and charities and mental health levy  
   57.     Payment to Community Support Fund  
   58.     Compliance requirements—definition  
   59.     Compliance requirements—application of Part  
   60.     Banking  
   61.     Accounting records  
   62.     Books etc. to be kept on the premises  
   63.     Directions to gaming operator to provide information etc.  
   64.     No compensation payable  
   65.     Direction to monitoring licensee  
   66.     Legacy monitoring systems  
   67.     Declared operator of gaming operator's licence  

           Division 1--of Part 9 of Chapter 3 of the Gambling Regulation Act 2003 is repealed.

   68.     Prohibition on recovery of costs of investigating persons on Roll or their associates  
   69.     Injunctions to prevent contraventions etc.  
   70.     Purpose of Chapter 4  
   71.     Definitions for Chapter 4  
   72.     Exemption of totalisators  
   73.     Wagering and approved betting competitions  
   74.     Approval of totalisator equipment  
   75.     Totalisator or approved betting competition not to be conducted without rules  
   76.      Licensee to make betting rules  
   77.      Disallowance of betting rules or betting exchange rules  
   78.      Commission may direct wagering and betting licensee to deal with certain bets  
   79.     Wagering licence and gaming licence  
   80.     Issue of licence  
   81.     Duration of licence  
   82.     Grounds for disciplinary action  
   83.     Disciplinary and other action against wagering and betting licensee—preparatory action  
   84.     Offences by the wagering and betting licensee as operator of betting exchange  
   85.     Directions to provide information  
   86.     Directions to licensees  
   87.     Racing industry and licensee  
   88.     Commissions  
   89.     Dividends  
   90.     Commissions—totalisators  
   91.     Dividends  
   92.     Licensee to pay charge  
   93.     Wagering and betting licensee to pay charge  
   94.     Unclaimed refunds, dividends and prizes  
   95.     Offences relating to totalisators and approved betting competitions  
   96.     Tickets purportedly issued by licensee  
   97.     Offence related to payment of dividends or prizes  
   98.     Inducements, cheating etc.  
   99.     Offence to extend credit etc.  
   100.    Application of Division 1 of Part 8 of Chapter 4  
   101.    Banking  
   102.    Accounts  
   103.    Books etc. to be kept on the premises  
   104.    Audit of books, accounts and financial statements  
   105.    Submission of reports  
   106.    Competition and Consumer Act and Competition Code  
   107.    Conduct of trade promotion lotteries  
   108.    Application for licence—bingo centre operators  
   109.    Functions of Commission  
   110.    Definitions for Part 2A of Chapter 10  
   111.    Functions and powers of Review Panel  
   112.    Application of Division 1 of Part 4 of Chapter 10  
   113.    Investigation of application  
   114.    Photographs, finger prints and palm prints  
   115.    Police inquiry and report  
   116.    Commission may require further information etc.  
   117.    Updating of application  
   118.    Costs of investigating applications  
   119.    Information gathering for law enforcement purposes  
   120.    Search and seizure powers under section 2.6.2 not affected  
   121.    Definition for Division 2 of Part 6 of Chapter 10  
   122.    Definitions for Part 7 of Chapter 10  
   123.    Tattersall's  
   124.    Subject matter for regulations  
   125.     New Part 39 inserted in Schedule 7  

           Division 2--Repeal of interactive gaming provisions

   126.    Chapter 7 repealed  
   127.    Amendments consequential on repeal of Chapter 7  

           Division 3--Amendments relating to gaming machine jackpots

   128.    Definitions for Chapter 3  
   129.    New Division 7 of Part 5 of Chapter 3 inserted  
   130.    Section 3.6.1B repealed  
   131.    Standards relating to certain matters  
   132.    Operational requirements  

           Division 4--Amendments relating to unclaimed prizes

   133.    Unclaimed refunds, dividends and prizes—wagering and betting  
   134.    Unclaimed prizes—public lotteries  
   135.    Unclaimed prizes—keno  

           Division 5--Amendments prohibiting online community and charitable gaming

   136.    What does a minor gaming permit authorise?  
   137.    New section 8.4.2AA inserted  
   138.    New section 8.4.7B inserted  

           Division 6--Miscellaneous amendments

   139.    Prohibited interests in gaming machine entitlements  
   140.    Payment of accumulated credits by cheque or electronic funds transfer  
   141.    Gambling by intoxicated persons prohibited  
   142.    Permit not required for raffle where prize value $5000 or less  
   143.    New section 8.2.3A inserted  
   144.    Definitions for Part 7 of Chapter 10  
   145.    Offences in respect of allowing a minor to gamble  

   PART 4--AMENDMENT OF LIQUOR CONTROL REFORM ACT 1998

   146.    Definitions  
   147.    Where supply occurs if off-premises request made  
   148.    Where supply occurs if order placed online  
   149.    What are the categories of licences and permits that may be issued under this Act?  
   150.    General licence  
   151.    Restaurant and cafe licence  
   152.    Club licence  
   153.    Packaged liquor licence  
   154.    Late night licence  
   155.    Change of name of online-only vendor packaged liquor licence  
   156.    Producer's licence  
   157.    Licence conditions—supply of liquor through online orders  
   158.    Section 21B substituted  
   159.    Criminal liability of officers or bodies corporate—accessorial liability  
   160.    Section 58AB substituted  
   161.    Plan of premises to be retained and produced for inspection  
   162.    Corporate licensee must provide details of directors  
   163.    Taking orders for liquor at unlicensed premises  
   164.    Written notice for delivery of liquor supplied online  
   165.    Person must not deliver liquor supplied online to intoxicated persons  
   166.    Keeping liquor in unlicensed club  
   167.    False or misleading statements  
   168.    Supplying liquor to minors  
   169.    Allowing minors on licensed or authorised premises  
   170.    Power to serve an infringement notice  
   171.    Offence to contravene banning notice or fail to comply with police directions  
   172.    Offence to contravene exclusion order or fail to comply with police directions  
   173.    Savings and transitional provisions  
   174.    Schedule 6—Transitional provisions—Liquor Control Reform Amendment Act 2021  
   175.    New Schedule 7 inserted  

   PART 5--REPEAL OF THIS ACT

   176.    Repeal of this Act  
           ENDNOTES