Victorian Numbered Acts Victorian Numbered ActsAfter Part 5 of Chapter 2 of the Gambling Regulation Act 2003 insert —
In this Part—
"fixed term ban order" means an order made under section 2.5A.9;
"gambling practice" means any practice that is adopted in connection with the offering or provision of a gambling product;
"gambling product" means a product that may be used for gambling or that resembles a product that may be used for gambling, whether or not that product is otherwise regulated by or under a gaming Act;
"interim ban order" means an order made under section 2.5A.2;
"responsible gambling objective" means an objective referred to in section 1.1(2)(a) or (ab).
(1) The Minister, by notice published in the Government Gazette, may make an order banning a gambling product or gambling practice, if the Minister considers that the product or practice undermines or may undermine a responsible gambling objective.
(2) The Minister may make an interim ban order whether or not the gambling product has been offered or provided, or the gambling practice has been adopted, in Victoria.
(3) The Minister must publish notice of the making of an interim ban order in a newspaper circulating generally in Victoria.
An interim ban order—
(a) takes effect on the day on which notice of the order is published in the Government Gazette, or on a later day specified in the notice; and
(b) remains in force for 12 months after the day on which it takes effect, unless it is sooner revoked by the Minister or replaced by a fixed term ban order.
(1) If the Minister makes an interim ban order, the Minister must give a written direction to the Commission—
(a) to investigate the gambling product or gambling practice that is the subject of the order; and
(b) to report to the Minister on whether the gambling product or gambling practice should be made the subject of a fixed term ban order.
(2) The Minister may include in a direction under subsection (1) any matter that the Minister requires the Commission to address in the investigation or report.
(3) A failure by the Minister to comply with this section does not affect the validity or operation of an interim ban order.
If the Minister gives the Commission a direction under section 2.5A.4, the Commission must investigate the gambling product or gambling practice that is the subject of the notice.
(1) As soon as practicable after receiving a direction under section 2.5A.4, the Commission must—
(a) publish notice of the investigation in the Government Gazette and on its website; and
(b) give written notice of the investigation to any person who the Commission is aware is offering or providing the gambling product or adopting the gambling practice in Victoria.
(2) Notice under subsection (1) must state—
(a) that the Minister has made an interim ban order and the effect of that order; and
(b) that the Commission has been directed to investigate the gambling product or gambling practice that is the subject of the order and report to the Minister; and
(c) in the case of notice under subsection (1)(b), that the person may make a written submission to the Commission within a period specified in the notice (being a period of not less than 90 days).
(1) A person to whom notice is given under section 2.5A.6(1)(b) may make a written submission to the Commission within the period specified in the notice, or the longer period allowed by the Commission.
(2) The submission—
(a) must be in the form (if any) approved by the Commission;
(b) must contain the information (if any) required by the Commission.
(3) If a person makes a submission in accordance with this section, the Commission must take it into account in making a report to the Minister under section 2.5A.8.
(1) The Commission must make a written report to the Minister on an investigation under section 2.5A.5 within 9 months after the day on which the Minister directed the Commission to conduct the investigation.
(2) The report must contain—
(a) a recommendation that—
(i) a fixed term ban order be made in respect of the gambling product or gambling practice that is the subject of the report; or
(ii) the interim ban order in respect of that gambling product or gambling practice be revoked; and
(b) the reasons for that recommendation; and
(c) the findings on material questions of fact that led to that recommendation.
(1) After considering a report of the Commission under section 2.5A.8, the Minister may make an order banning the gambling product or gambling practice that is the subject of the report for a period not exceeding 10 years, if the Minister is satisfied that the product or practice undermines or may undermine a responsible gambling objective.
(2) In making a fixed term ban order, the Minister may rely on, but is not bound by, any recommendation contained in the Commission's report.
(3) The Minister may make a fixed term ban order whether or not—
(a) the gambling product has been offered or provided, or the gambling practice has been adopted, in Victoria; or
(b) the interim ban order in respect of the gambling product or gambling practice has expired.
(4) The Minister makes a fixed term ban order by notice published in the Government Gazette.
(5) If the Minister makes a fixed term ban order—
(a) the Minister must publish notice of the making of the order in a newspaper circulating generally in Victoria; and
(b) the Minister must cause a copy of the order to be presented to each House of Parliament within 6 sitting days of that House after the making of the order; and
(c) the Minister must give a copy of the notice to the Commission; and
(d) the Commission must cause a copy of the notice to be made available on its website as soon as practicable after receiving the copy from the Minister.
(6) A notice under subsection (4) or (5) must include the Minister's reasons for making the fixed term ban order.
A fixed term ban order—
(a) takes effect on the day on which notice of the order is published in the Government Gazette, or on a later day specified in the notice; and
(b) remains in force for the period specified in the order by the Minister, unless it is sooner revoked by the Minister.
(1) The Minister, by notice published in the Government Gazette, may revoke a fixed term ban order at any time.
(2) The Minister must give a copy of the notice to the Commission as soon as practicable after the notice is published.
(1) A fixed term ban order is disallowed if—
(a) a notice of a resolution to disallow the order is given in a House of Parliament on or before the 18th sitting day of that House after the order is presented to that House; and
(b) the resolution is passed by that House on or before the 12th sitting day of that House after the giving of the notice of the resolution.
(2) Disallowance of a fixed term ban order has the same effect as a revocation of the order.
(1) While an interim ban order or fixed term ban order is in force, a person must not offer or provide a gambling product, or adopt a gambling practice, in contravention of the order.
Penalty: 1000 penalty units.
(2) It is a defence to a charge for an offence against subsection (1) if—
(a) notice of the making of the order had not been published in a newspaper circulating generally in Victoria; and
(b) the defendant was not aware of the making of the order.
No compensation is payable by the State in respect of loss, damage or injury of any kind suffered by any person as a result of, or arising out of, the making of an interim ban order or a fixed term ban order.
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