Victorian Numbered Acts

GAMBLING REGULATION AMENDMENT ACT 2007 (NO. 39 OF 2007) - SECT 12

    (1)     For section 3.6.8(2) of the Principal Act substitute —

    "(2)     If—

        (a)     a club licence or racing club licence is in force in respect of an approved venue; and

        (b)     an audited community benefit statement lodged under section 3.6.9 by the holder of the licence indicates that the holder has made less than the required community benefit contribution—

the Commission must declare that the licence holder is required to pay to the Commission, to be paid into the Consolidated Fund, an amount equal to the difference between the required community benefit contribution and the community benefit contribution stated in the community benefit statement.

    (2A)     The licence holder must pay the required amount within 60 days after the licence holder is notified of the declaration under subsection (3).

    (2B)     The Commission may extend the time for the licence holder to pay the required amount if the Commission is satisfied that payment of the amount by the day required by subsection (2A) would expose the licence holder to significant financial hardship.

    (2C)     An amount equal to the amount paid into the Consolidated Fund under subsection (2) is to be paid out of the Consolidated Fund into the Community Support Fund and the Consolidated Fund is appropriated to the necessary extent for that payment to be made.".

    (2)     For section 3.6.8(3) of the Principal Act substitute —

    "(3)     The Commission must notify the licence holder of a declaration under subsection (2).".

    (3)     After section 3.6.8(4) of the Principal Act insert —

    "(4A)     If—

        (a)     a club licence or racing club licence is in force in respect of an approved venue; and

        (b)     the holder of the licence has not lodged an audited community benefit statement under section 3.6.9 within the time required for lodgement—

the Commission must declare that the amounts payable by the gaming operator under section 3.6.6 in respect of the venue are to be paid as if the licence were a pub licence, in respect of the period commencing from the time the community benefit statement was required to be lodged until the time that the statement is lodged.

    (4B)     The Commission must notify the gaming operator of—

        (a)     the making of a declaration under subsection (4A);
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        (b)     the lodgement of an audited community benefit statement by the licence holder.

    (4C)     Notification under subsection (4B)(a) must set out the day on which payments in accordance with the declaration must commence, which must not be less than 30 days after the day on which the notification is given to the gaming operator.".

    (4)     In section 3.6.8(5) of the Principal Act, for "(2)" substitute "(4A)".

    (5)     After section 3.6.9(1) of the Principal Act insert —

    "(1A)     Subsection (1) does not apply to an approved venue in respect of which a pub licence is in force.".

    (6)     In the Principal Act—

        (a)     in section 3.6.9(2)(b)(iii), for "section 3.6.8(2)" substitute "section 3.6.8(4A)";

        (b)     in section 3.6.10(1)(b), for "operator—" substitute "operator; or";

        (c)     after section 3.6.10(1)(b) insert —

    "(c)     to the Commission by a licence holder under section 3.6.8(2)—".