Victorian Numbered Acts Victorian Numbered ActsAfter Division 1 of Part 4 of Chapter 10 of the Principal Act insert —
In this Division—
"applicant" means applicant for a relevant licence;
"application" means application for a relevant licence;
"interested person" means—
(a) an applicant; or
(b) a registrant; or
(c) an associate of an applicant or registrant;
(d) a person who the Secretary considers may become an associate of an applicant or registrant;
(e) a person who the Commission considers may become an associate of an applicant or registrant;
"registrant" means registrant of interest in the grant of a relevant licence;
"registration of interest" means registration of interest in the grant of a relevant licence;
"relevant licence" means—
(a) a wagering and betting licence; or
(b) a keno licence.
(1) On the written request of the Secretary, the Commission—
(a) must cause to be carried out all investigations and inquiries that the Commission considers necessary to enable—
(i) the Secretary to report to the Minister on the application or registration of interest; or
(ii) the Minister to consider the application or registration of interest properly; and
(b) must report to the Secretary on the results of those investigations and inquiries.
(2) After receiving a report under subsection (1)(b), the Secretary may make a written request to the Commission to carry out further investigations or inquiries regarding the application or registration of interest and report to the Secretary on the results of those further investigations or inquiries.
(3) The Commission must comply with a request under subsection (2).
(4) A function of the Commission under this section, other than the function of reporting to the Secretary, may be performed by any commissioner.
(1) The Commission may require an interested person who is a natural person to consent to having his or her photograph, finger prints and palm prints taken by the Commission.
(2) The Commission may make a requirement under subsection (1) only if the Commission is satisfied that it is necessary to do so for the purposes of an investigation or inquiry under section 10.4.7B.
(3) The Secretary may make a written request to the Commission to require an interested person who is a natural person to consent to having his or her photograph, finger prints and palm prints taken by the Commission.
(4) The Secretary can make a request under subsection (3) only if the Secretary is satisfied that it is necessary to do so for the purposes of the proper consideration of the application or registration of interest.
(5) The Commission must comply with a request under subsection (3).
(6) If an interested person refuses to comply with a requirement of the Commission under this section—
(a) the Commission must notify the Secretary and the Minister in writing as soon as practicable; and
(b) the Minister may refuse to consider the application or registration of interest (as the case requires).
(7) A function of the Commission under this section may be performed by any commissioner.
(1) If the Secretary has requested the Commission to carry out an investigation or inquiry under section 10.4.7B, the Commission must refer to the Chief Commissioner of Police a copy of—
(a) the application or registration of interest; and
(b) any photograph, finger prints and palm prints obtained under section 10.4.7C; and
(c) any supporting documentation.
(2) The Secretary may make a written request to the Commission to refer any other information regarding the application or registration of interest to the Chief Commissioner of Police.
(3) The Secretary can make a request under subsection (2) only if the Secretary is satisfied that it is necessary to do so for the purposes of the proper consideration of the application or registration of interest.
(4) The Commission must comply with a request under subsection (2).
(5) The Chief Commissioner of Police must inquire into and report to the Commission on any matters concerning the application or registration of interest that the Commission requests.
(6) A function of the Commission under this section may be performed by any commissioner.
(1) The Commission, by notice in writing, may require an interested person to do any one or more of the following—
(a) to provide, in accordance with directions in the notice, any information that is relevant to an investigation of the application or registration of interest under section 10.4.7B and is specified in the notice;
(b) to produce, in accordance with directions in the notice, any records relevant to the investigation that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them;
(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b);
(d) to provide the Commission with any authorities and consents the Commission requires for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the interested person from other persons.
(2) The Commission must give the Secretary and the Minister a copy of any information or records provided or produced under subsection (1) as soon as practicable.
(3) If an interested person refuses to comply with a requirement under subsection (1)—
(a) the Commission must notify the Secretary and the Minister in writing as soon as practicable; and
(b) the Minister may refuse to consider the application or registration of interest (as the case requires).
(4) A function of the Commission under this section may be performed by any commissioner.
(1) If—
(a) the Commission requires information (including information in any records) from an interested person under section 10.4.7E; and
(b) a change occurs in that information before the application is granted or refused or the Minister decides whether or not to invite the registrant to apply for the relevant licence (as the case requires)—
the interested person must give the Commission written particulars of the change as soon as practicable.
Penalty: 60 penalty units.
(2) The Commission must give the Secretary and the Minister a copy of any particulars received under subsection (1) as soon as practicable.
(3) When particulars of a change are given, those particulars must then be considered to have formed part of the original information, for the purposes of the application of subsection (1) to any further change in the information provided.
(1) The Commission, by written notice, may require an applicant or registrant to pay to the Commission the amount determined by the Commission, being an amount not exceeding the reasonable costs of an investigation under section 10.4.7B in relation to the application or registration of interest.
(2) The Commission may require costs payable under subsection (1) to be paid by instalments or at any time before, during or after the investigation, whether or not the application is granted or the registrant is invited to apply for the relevant licence.
(3) Costs payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the State.
(1) The Secretary and the Commission may enter into an agreement in relation to the performance of functions by the Commission under this Division.
(2) The failure of a party to an agreement referred to in subsection (1) to comply with the agreement does not affect or make unlawful—
(a) the performance of a function by the Commission under this Division; or
(b) any report made or advice given to the Minister by the Secretary concerning an application or registration of interest; or
(c) the consideration or determination of an application or a registration of interest by the Minister.
In this Division—
"interested person" means—
(a) a temporary licensee; or
(b) a transferee; or
(c) an associate of a temporary licensee or transferee;
(d) a person who the Commission considers may become an associate of a temporary licensee or transferee;
"relevant licence" means—
(a) a wagering and betting licence; or
(b) a keno licence;
"temporary licence" means—
(a) a temporary wagering and betting licence under section 4.3A.31; or
(b) a temporary keno licence under section 6A.3.31;
"temporary licensee"—
(a) in relation to a wagering and betting licence, has the same meaning as in section 4.3A.31; or
(b) in relation to a keno licence, has the same meaning as in section 6A.3.31;
"transferee"—
(a) in relation to a wagering and betting licence, has the same meaning as in section 4.3A.17; or
(b) in relation to a keno licence, has the same meaning as in section 6A.3.17.
(1) If the Minister has referred to the Commission an application to transfer a relevant licence or requested the Commission to report on the issue of a temporary licence, the Commission—
(a) must cause to be carried out all
investigations and inquiries that the Commission considers necessary to enable
the Minister to properly consider the application for transfer or the issue of
the temporary licence; and
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(b) must report to the Minister on the results of those investigations and inquiries.
(2) A function of the Commission under subsection (1)(a) may be performed by the Executive Commissioner.
(1) The Commission may require an interested person who is a natural person to consent to having his or her photograph, finger prints and palm prints taken by the Commission.
(2) The Commission may make a requirement under subsection (1) only if the Commission is satisfied that it is necessary to do so for the purposes of an investigation or inquiry under section 10.4.7J.
(3) If an interested person refuses to comply with a requirement under subsection (1)—
(a) the Commission must notify the Minister in writing as soon as practicable; and
(b) the Minister may refuse to consider the application or issue the temporary licence (as the case requires).
(4) A function of the Commission under this section may be performed by the Executive Commissioner.
(1) If the Minister has referred to the Commission an application to transfer a relevant licence or requested the Commission to report on the issue of a temporary licence, the Commission must refer to the Chief Commissioner of Police—
(a) in the case of an application to transfer a relevant licence, a copy of—
(i) the application; and
(ii) any photograph, finger prints and palm prints obtained under section 10.4.7K; and
(iii) any supporting documentation;
(b) in the case of the issue of a temporary licence, a copy of—
(i) any photograph, finger prints and palm prints obtained under section 10.4.7K; and
(ii) any supporting documentation.
(2) The Chief Commissioner of Police must inquire into and report to the Commission on any matters concerning the application or temporary licence that the Commission requests.
(3) A function of the Commission under this section may be performed by the Executive Commissioner.
(1) The Commission, by notice in writing, may require an interested person to do any one or more of the following—
(a) to provide, in accordance with directions in the notice, any information that is relevant to an investigation of the application or temporary licence under section 10.4.7J and is specified in the notice;
(b) to produce, in accordance with directions in the notice, any records relevant to the investigation that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them;
(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b);
(d) to provide the Commission with any authorities and consents the Commission requires for the purpose of enabling the Commission to obtain information (including financial and other confidential information) concerning the interested person from other persons.
(2) The Commission must give the Minister a copy of any information or records provided or produced under subsection (1) as soon as practicable.
(3) If an interested person refuses to comply with a requirement under subsection (1)—
(a) the Commission must notify the Minister in writing as soon as practicable; and
(b) the Minister may refuse to consider the application or to issue the temporary licence (as the case requires).
(4) A function of the Commission under this section may be performed by the Executive Commissioner.
(1) If—
(a) the Commission requires information (including information in any records) from an interested person under section 10.4.7M; and
(b) a change occurs in that information before the application is granted or refused or the Minister decides whether or not to issue the temporary licence (as the case requires)—
the interested person must give the Commission written particulars of the change as soon as practicable.
Penalty: 60 penalty units.
(2) The Commission must give the Minister a copy of any particulars received under subsection (1) as soon as practicable.
(3) When particulars of a change are given, those particulars must then be considered to have formed part of the original information, for the purposes of the application of subsection (1) to any further change in the information provided.
(1) The Commission, by written notice, may require an applicant or temporary licensee to pay to the Commission the amount determined by the Commission, being an amount not exceeding the reasonable costs of an investigation under section 10.4.7J in relation to the application or temporary licence (as the case requires).
(2) The Commission may require costs payable under subsection (1) to be paid by instalments or at any time before, during or after the investigation, whether or not the application is granted or the temporary licence is issued.
(3) Costs payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the State.".