Victorian Numbered Acts Victorian Numbered ActsAfter Division 3 of Part 4 of Chapter 8 of the Gambling Regulation Act 2003 insert —
In this Division—
"disciplinary action", against a community or charitable organisation, means any of the following—
(a) the issuing of a letter of censure to the organisation;
(b) the imposition of a fine on the organisation not exceeding an amount that is 60 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 ;
(c) the imposition of conditions on the organisation's authority to conduct sessions of bingo;
"grounds for disciplinary action", in relation to a community
or charitable organisation, means any of the following—
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(a) that the organisation has failed to provide information that the organisation is required by this Act to provide or has provided information knowing it to be false or misleading;
(b) that the organisation has contravened this Act or the regulations in relation to bingo or a condition imposed under this Division;
(c) that—
(i) the organisation; or
(ii) an executive officer or nominee of the organisation—
has been found guilty of a relevant offence;
(d) that the organisation has become an externally-administered body corporate;
(e) that for any reason the organisation is not a suitable person to conduct a session of bingo;
"relevant offence" means—
(a) an offence against a gaming Act or gaming regulations in relation to bingo; or
(b) an offence (in Victoria or elsewhere) involving fraud or dishonesty punishable by imprisonment for 3 months or more (whether or not in addition to a fine).
(1) The Commission may inquire into whether there are grounds for disciplinary action against a community or charitable organisation.
(2) If, following an inquiry under subsection (1), the Commission considers there are grounds for taking disciplinary action against a community or charitable organisation, the Commission may serve on the organisation a notice in writing giving them an opportunity to show cause within 14 days why disciplinary action should not be taken against them on the grounds for disciplinary action specified in the notice.
(3) The organisation, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions so made.
(4) If the Commission decides that—
(a) the organisation is not a
suitable person to conduct a session of bingo, the Commission may suspend the
organisation's authority to conduct sessions of bingo for a period specified
by the Commission; or
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(b) there are any other grounds for disciplinary action against the organisation, the Commission may take the action—
and does so by giving written notice of the disciplinary action to the organisation.
(5) If the Commission suspends the organisation's authority to conduct sessions of bingo—
(a) the suspension takes effect at the time notice of it is given to the organisation; and
(b) this Act does not authorise the conduct of any session of bingo by or on behalf of the organisation at any time during the period of suspension.
(6) If the disciplinary action is the imposition of conditions on an organisation's authority to conduct sessions of bingo, the organisation must comply with those conditions.
(7) A function of the Commission under this section may be performed by any commissioner.
(1) Disciplinary action taken by the Commission under section 8.4.18(4) in the form of a letter of censure may censure the community or charitable organisation in respect of any matter connected with the organisation's conduct of sessions of bingo games under this Chapter and may include a direction to the organisation to rectify within a specified time any matter giving rise to the censure.
(2) If a direction given in a letter of censure is not complied with in the specified time, the Commission may, by giving written notice to the organisation, suspend the organisation's authority to conduct sessions of bingo games without giving the organisation a further opportunity to be heard.
(3) Section 8.4.18(5) applies to a suspension under subsection (2).
(4) A function of the Commission under this section may be performed by any commissioner.
(1) A community or charitable organisation may appeal to the Commission, within 28 days of notification of the decision, against the following decisions made by a single commissioner—
(a) a decision to suspend the organisation's authority to conduct sessions of bingo;
(b) a decision to impose conditions on the organisation's authority to conduct sessions of bingo.
(2) An appeal must—
(a) be in writing; and
(b) specify the grounds on which it is made.
(3) After consideration of an appeal, the
Commission may—
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(a) confirm the decision; or
(b) in the case of a decision to suspend the authority to conduct sessions of bingo—lift the suspension, either unconditionally or subject to conditions; or
(c) in the case of a decision to impose conditions on the authority to conduct sessions of bingo—vary or remove the conditions.
(4) The decision of the Commission on an appeal—
(a) must be notified in writing to the community or charitable organisation; and
(b) may include the reasons for the decision.
(5) The Commission as constituted for the purposes of the appeal must not include the commissioner who made the decision appealed against.".