Victorian Numbered Acts Victorian Numbered ActsAfter Part 3 of Chapter 4 of the Principal Act insert —
A wagering and betting licence authorises the wagering and betting licensee to conduct, subject to this Act and the regulations, the Racing Act 1958 and any conditions to which the licence is subject—
(a) wagering; and
(b) approved betting competitions.
This Chapter does not authorise the operation at the same time of more than one wagering and betting licence.
(1) The Minister, by notice published in the Government Gazette, may call for registrations of interest in the grant of a wagering and betting licence.
(2) A notice published under subsection (1) must specify—
(a) the procedure for registering an interest in the grant of the licence; and
(b) the information to be provided by a registrant; and
(c) the matters concerning a registrant and a registration of interest on which the Secretary will report to the Minister; and
(d) requirements for a registrant or an applicant to have protocols or procedures to prevent an interested person from improperly interfering with the preparation or making of a recommendation or report under this Act in relation to a registration of interest or an application for a wagering and betting licence; and
(e) reporting requirements for a registrant, an applicant or an associate of a registrant or of an applicant in relation to the protocols or procedures specified under paragraph (d); and
(f) any other requirements specified by the Minister in relation to registrants or registrations of interest; and
(g) any other matters that the Minister considers relevant to the registration of interest.
(3) The notice published under subsection (1) may require any matter in, or in relation to, the registration of interest to be verified by statutory declaration by a registrant, an applicant or an associate of a registrant or of an applicant.
(4) A person who—
(a) has a physical place of business in Victoria; and
(b) is not a natural person or a prohibited person—
may register interest in the grant of a wagering and betting licence by—
(c) following the procedure specified under subsection (2)(a); and
(d) providing to the Minister the information specified under subsection (2)(b).
(5) The Minister must consider each registration of interest and, if the registration of interest satisfies all of the requirements made by or specified under this section, the Minister must refer the registration of interest to the Secretary for a report under section 4.3A.4.
(6) If a registrant fails to satisfy a requirement made by or specified under this section, the Minister may refuse to consider, or consider further, the registration of interest or to refer it to the Secretary.
(7) After consideration of the Secretary's report under section 4.3A.4 and any other matters that the Minister considers relevant, the Minister—
(a) may invite one or more registrants to apply for a wagering and betting licence, if the Minister is of the opinion that an invitation is in the public interest; or
(b) may decide not to invite any of the registrants to apply for a wagering and betting licence.
(8) In this section—
"applicant" means applicant for a wagering and betting licence;
"interested person" means—
(a) a registrant or an applicant; or
(b) an associate of a registrant or of an applicant; or
(c) an officer, servant, agent or contractor of—
(i) a registrant or an applicant; or
(ii) an associate of a registrant or of an applicant;
"prohibited person" means—
(a) a licensed racing club; or
(b) Racing Products; or
(c) Racing Victoria; or
(d) VicRacing; or
(e) a body corporate—
(i) in which any share is held by or on behalf of an entity referred to in paragraph (a), (b), (c) or (d); or
(ii) of which an entity referred to in paragraph (a), (b), (c) or (d) is a member;
"registrant" means a person who registers interest in the grant of a wagering and betting licence.
The Secretary must give a written report to the Minister on the matters specified under section 4.3A.3(2)(c) in relation to each registration of interest referred to him or her by the Minister.
Note
Division 1A of Part 4 of Chapter 10 provides for the investigation of a registration of interest in the grant of a wagering and betting licence.
(1) A person who has been invited by the Minister under section 4.3A.3(7) to apply for a wagering and betting licence—
(a) may apply to the Minister for the licence; and
(b) if the person applies for the licence, must comply with—
(i) requirements specified by the Minister for an applicant to have protocols or procedures to prevent an interested person from improperly interfering with the preparation or making of a recommendation or report under this Act in relation to an application for a wagering and betting licence; and
(ii) reporting requirements specified by the Minister for an applicant or an associate of an applicant in relation to the protocols or procedures specified under subparagraph (i); and
(iii) any other requirements specified by the Minister in relation to applicants or applications for a licence.
(2) A licence application—
(a) must be in the form, contain the information and be accompanied by the documents required by the Minister; and
(b) must be lodged in accordance with the procedural requirements, if any, specified by the Minister.
(3) The Minister may require an applicant to provide any further information to the Minister in connection with the application.
(4) The Minister may require any matter in, or in relation to, the application to be verified by statutory declaration by an applicant or an associate of an applicant.
(5) The Minister must refer each licence application to the Secretary for a report under section 4.3A.6.
(6) If a requirement made by or specified under this section is not complied with, the Minister may refuse to consider or further consider the application or to refer it to the Secretary.
(7) In this section—
"interested person" has the same meaning as in section 4.3A.3.
Note
Division 1A of Part 4 of Chapter 10 provides for the investigation of an application for a wagering and betting licence.
(1) The Secretary must give a written report to the Minister on each licence application—
(a) stating whether or not, in the Secretary's opinion, the matters of which the Minister must be satisfied to grant the licence application have been made out; and
(b) stating whether or not, in the Secretary's opinion, the requirements made by or specified under section 4.3A.5 have been complied with; and
(c) containing any other information required by the Minister.
(2) The report may include any recommendations the Secretary thinks fit, including recommendations as to any appropriate licence conditions.
(3) The report must include the reasons for any findings or recommendations contained in it.
(1) The Minister is to determine whether to grant or refuse a licence application after receiving the report of the Secretary under section 4.3A.6.
(2) The Minister may grant a licence application only if he or she is satisfied—
(a) that the granting of the application is in the public interest, taking into account each of the following matters—
(i) whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity;
(ii) whether the applicant, or an associate of the applicant, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the applicant or the associate is likely to be significantly affected in an unsatisfactory manner;
(iii) whether each executive officer of the applicant and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the applicant's wagering and betting business, is a suitable person to act in that capacity;
(iv) whether the applicant has sufficient technical capability and adequate systems to conduct the activities to be authorised by the licence;
(v) whether the applicant is of sound and stable financial background;
(vi) whether the applicant has financial resources that are adequate to ensure the financial viability of a wagering and betting business;
(vii) whether the applicant has the ability to establish and maintain a successful wagering and betting business;
(viii) whether the applicant has demonstrated a commitment to the promotion of a viable and growing Victorian racing industry;
(ix) any other matters that were specified in the notice calling for registrations of interest under section 4.3A.3;
(x) any other matters the Minister considers relevant; and
(b) that—
(i) the arrangements between—
(A) the licensee under Part 3 (other than a licensee appointed under section 4.3.33) and VicRacing or Racing Products, as the case requires; or
(B) the previous wagering and betting licensee (other than a licensee appointed under section 4.3A.31) and VicRacing or Racing Products, as the case requires—
have been or, before the licence commences, will be, concluded to the reasonable satisfaction of the parties; or
(ii) a reasonable opportunity has been given for such a conclusion of those arrangements; and
(c) that the applicant has entered into, or made a binding offer to enter into, arrangements with VicRacing and arrangements with Racing Products that, in the opinion of the Minister, after consultation with the Secretary, are no less favourable to VicRacing and Racing Products than those last in force between—
(i) the licensee under Part 3 (other than a licensee appointed under section 4.3.33) and VicRacing or Racing Products, as the case requires; or
(ii) the previous wagering and betting licensee (other than a licensee appointed under section 4.3A.31) and VicRacing or Racing Products, as the case requires.
(3) In determining whether to grant or refuse a licence application, the Minister is entitled to rely on any findings or recommendations contained in the report of the Secretary under section 4.3A.6.
(4) If the Minister refuses a licence application, he or she must give written notice to the applicant.
(1) An interested person in relation to a registration of interest or an application for a wagering and betting licence must not improperly interfere with the preparation or making of a recommendation or report under this Act in relation to the registration of interest or application.
(2) If an interested person in relation to a registration of interest or an application for a wagering and betting licence improperly interferes with the preparation or making of a recommendation or report under this Act in relation to the registration of interest or application, the Minister may refuse to consider, or consider further, the registration of interest or application.
(3) In this section—
"interested person" has the same meaning as in section 4.3A.3.
(1) If the Minister grants a licence application, he or she must issue a wagering and betting licence to the applicant.
(2) A wagering and betting licence cannot be issued that has effect, otherwise than as provided by section 4.3A.12, at any time while the wagering licence and the gaming licence are in effect under Part 3 of this Chapter.
(3) For the avoidance of doubt, subsection (2) does not prevent a wagering and betting licence taking effect at any time while the appointment of a temporary licensee is in effect under section 4.3.33.
Note
The granting of a wagering and betting licence while a temporary licensee is in place terminates the temporary licensee's appointment—see section 4.3.33(3).
The Minister may impose any conditions he or she thinks fit on a wagering and betting licence, including—
(a) conditions referred to in any other provision of this Chapter;
(b) conditions that leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission or the Minister.
Despite section 4.3A.8, the Minister may refuse to issue a wagering and betting licence unless the applicant or any other person requested by the Minister (or both) enters into one or more agreements with the Minister dealing with matters related to the licence.
(1) A wagering and betting licence—
(a) takes effect at the time of issue or at the later time specified in the licence; and
(b) is valid for 12 years, unless terminated earlier in accordance with this Part or extended under this section.
(2) If invited by the Minister to do so, a wagering and betting licensee may apply to the Minister, before the wagering and betting licence expires, for a licence extension.
(3) On application under subsection (2), the Minister may extend the licence for a period determined by the Minister, after consulting—
(a) the Commission; and
(b) any other person the Minister
considers appropriate.
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(4) A wagering and betting licence may be extended under this section more than once, but the total cumulative period for which a licence may be extended under this section cannot exceed 2 years from the day the licence would otherwise expire.
(5) A wagering and betting licence cannot be renewed, but a person who holds or has held a wagering and betting licence may apply for a subsequent wagering and betting licence, if invited by the Minister to do so.
(1) This section applies to a wagering and betting licence if the licence takes effect at a time specified in the licence that is later than the time of issue of the licence.
(2) The wagering and betting licence may authorise the wagering and betting licensee to take preparatory action from a time specified in the licence (which may be the time of issue) even though the licence has not taken effect.
(3) An authorisation under subsection (2) may specify a single time from which any preparatory action may be taken or different times from which different kinds of preparatory action may be taken.
(4) Any time specified from which preparatory action may be taken must not be more than 18 months before the time the licence takes effect.
(5) Despite section 4.3A.11(1)(a), the wagering and betting licence is taken to be in effect for the purpose of any preparatory action taken in accordance with an authorisation under subsection (2).
(6) No account is to be had to this section in determining the term of the licence under section 4.3A.11(1)(b).
(7) In this section—
"preparatory action" means anything necessary or convenient to be done for the purpose of conducting any activities authorised by the licence, but does not include the acceptance of a bet or investment or the payment of a dividend.
(1) The Minister may require the wagering and betting licensee to pay, as consideration for a wagering and betting licence, one or more amounts determined by the Minister as the premium payment for the licence.
(2) The Minister may determine the premium payment for the wagering and betting licence as—
(a) a single amount payable on the issue of the licence, or by the later time determined by the Minister; or
(b) an amount payable each year for the duration of the licence at the time determined by the Minister.
(3) If the Minister extends the wagering and betting licence under section 4.3A.11(3), the Minister may require the licensee to pay, as consideration for the extension of the licence, one or more amounts determined by the Minister as the premium payment for the extension of the licence.
(4) The premium payment for the wagering and betting licence or the extension of the wagering and betting licence is a tax.
(1) The Minister must cause—
(a) notice to be published in the Government Gazette—
(i) of the issue of a wagering and betting licence, as soon as practicable after the licence is issued; and
(ii) of the making of any agreement referred to in section 4.3A.10, as soon as practicable after the agreement is made; and
(b) a copy of a wagering and betting licence to be—
(i) given to the Commission as soon as practicable after the licence is issued; and
(ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is issued; and
(c) a copy of any agreement referred to in section 4.3A.10 to be—
(i) given to the Commission as soon as practicable after the agreement is made; and
(ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the agreement is made.
(2) Before complying with subsection (1)(b)(ii) or (c)(ii), the Minister—
(a) may exclude information from the licence or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and
(b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded.
(3) Subject to subsection (4), the Commission must cause a copy of a wagering and betting licence and any agreements referred to in section 4.3A.10 to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (2)(b).
(4) If the Minister has excluded information from the licence or agreement under subsection (2), the Commission must exclude that information from the copy of the licence or agreement it makes available under subsection (3).
(1) A wagering and betting licence may authorise the wagering and betting licensee to engage a person on contract, or to appoint an agent, to assist in the conduct of wagering and betting authorised by the licence.
(2) For the avoidance of doubt, the engagement of a person or the appointment of an agent by the wagering and betting licensee does not affect any function or obligation of the licensee under a gaming Act or gaming regulations.
A wagering and betting licence is not transferable to any other person except in accordance with this Division.
(1) A wagering and betting licensee may apply to the Minister to transfer the wagering and betting licence to another person (the transferee ).
(2) An application—
(a) must be in the form, contain the information and be accompanied by the documents required by the Minister; and
(b) must be accompanied by the prescribed fee (if any).
(3) If no fee is prescribed for the purposes of subsection (2)(b), the Minister, by written notice, may require the wagering and betting licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the application.
(4) The Minister may require costs payable under subsection (3) to be paid by instalments or at any time before, during or after the Minister's consideration of the application, whether or not the application is granted.
(5) Costs payable under subsection (3) may be recovered in a court of competent jurisdiction as a debt due to the State.
(6) The Minister may refer the application to the Commission for a report under section 4.3A.19.
(1) On application under section 4.3A.17, the Minister may transfer the wagering and betting licence to the transferee if the Minister is satisfied of the matters specified in subsections (2), (3), (4) and (5).
(2) The Minister must be satisfied—
(a) that—
(i) the transferee is a wholly-owned subsidiary of the wagering and betting licensee; or
(ii) the transferee and the wagering and betting licensee are both wholly-owned subsidiaries of a third company; and
(b) that the transferee has a physical place of business in Victoria; and
(c) that the transferee is not a prohibited person within the meaning of section 4.3A.3.
(3) The Minister must be satisfied that the transfer of the wagering and betting licence to the transferee is in the public interest, taking into account each of the following matters—
(a) whether the transferee, and each associate of the transferee, is of good repute, having regard to character, honesty and integrity;
(b) whether the transferee, or an associate of the transferee, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the transferee or the associate is likely to be significantly affected in an unsatisfactory manner;
(c) whether each executive officer of the transferee and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the transferee's wagering and betting business, is a suitable person to act in that capacity;
(d) whether the transferee has sufficient technical capability and adequate systems to conduct the activities authorised by the licence;
(e) whether the transferee is of sound and stable financial background;
(f) whether the transferee has
financial resources that are adequate to ensure the financial viability of a
wagering and betting business;
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(g) whether the transferee has the ability to maintain a successful wagering and betting business;
(h) whether the transferee has demonstrated a commitment to the promotion of a viable and growing Victorian racing industry;
(i) any other matters that were specified in the notice calling for registrations of interest under section 4.3A.3 in relation to the wagering and betting licence;
(j) any other matters the Minister considers relevant.
(4) The Minister must be satisfied—
(a) that—
(i) the arrangements between the wagering and betting licensee and VicRacing or Racing Products, as the case requires, have been or, before the transfer is effective, will be, concluded to the reasonable satisfaction of the parties; or
(ii) a reasonable opportunity has been given for such a conclusion of those arrangements; and
(b) that the
transferee has entered into, or made a binding offer to enter into,
arrangements with VicRacing and arrangements with Racing Products that, in the
opinion of the Minister, are no less favourable to VicRacing and Racing
Products than those in force between the wagering and betting licensee and
VicRacing or Racing Products, as the case requires; and
s. 8
(c) that the transfer of the licence to the transferee would not result in a person who is not currently an associate of the licensee, or not approved by the Minister to become an associate of the licensee, becoming an associate of the transferee.
(5) The Minister must be satisfied that the transferee is capable of meeting the obligations of the wagering and betting licensee under any agreements referred to in section 4.3A.10.
(6) The Minister may refuse to transfer the wagering and betting licence unless a company approved by the Minister that is an associate of the transferee has given the transferee an irrevocable guarantee and indemnity, in the form approved by the Treasurer, in respect of the financial obligations of the transferee.
(7) In determining whether to grant or refuse an application to transfer the wagering and betting licence, the Minister is entitled to rely on any findings or recommendations contained in the report of the Commission under section 4.3A.19.
(8) If the Minister transfers the wagering and betting licence, the transferee becomes the wagering and betting licensee and assumes all the obligations and liabilities of the wagering and betting licensee under this Act.
(1) If the Minister has referred to the Commission an application to transfer the wagering and betting licence, the Commission must give a written report to the Minister on the application—
(a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to transfer the licence have been made out; and
(b) containing any other information required by the Minister.
(2) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions.
(3) The report must include the reasons for any findings or recommendations contained in it.
Note
Division 1B of Part 4 of Chapter 10 provides for the investigation by the Commission of an application to transfer a wagering and betting licence.
The Minister may refuse to transfer a wagering and betting licence unless—
(a) the wagering and betting licensee and any other person who is party to an agreement referred to in section 4.3A.10 relating to the licence executes any document requested by the Minister in relation to that agreement; and
(b) the transferee or any other person requested by the Minister (or both) enters into one or more agreements with the Minister dealing with matters related to the licence, including any agreement referred to in section 4.3A.10 or any further agreement.
(1) The Minister must cause—
(a) notice to be published in the Government Gazette—
(i) of the transfer of a wagering and betting licence, as soon as practicable after the licence is transferred; and
(ii) of the execution of any document referred to in section 4.3A.20(a) or of the entering into of any agreement referred to in section 4.3A.20(b), as soon as practicable after the document is executed or the agreement is entered into; and
(b) a copy of the transfer of a wagering and betting licence to be—
(i) given to the Commission as soon as practicable after the licence is transferred; and
(ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is transferred; and
(c) a copy of any document referred to in section 4.3A.20(a) or any agreement referred to in section 4.3A.20(b) to be—
(i) given to the Commission as soon as practicable after the document is executed or the agreement is entered into; and
(ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the document is executed or the agreement is entered into.
(2) Before complying with subsection (1)(b)(ii) or (c)(ii), the Minister—
(a) may exclude information from the transfer, document or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and
(b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded.
(3) Subject to subsection (4), the Commission must cause a copy of a transfer of a wagering and betting licence and any document referred to in section 4.3A.20(a) or agreement referred to in section 4.3A.20(b) to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (2)(b).
(4) If the Minister has excluded information from the transfer, document or agreement under subsection (2), the Commission must exclude that information from the copy of the transfer, document or agreement it makes available under subsection (3).
(1) The wagering and betting licensee may request the Minister to amend a wagering and betting licence.
(2) A request for a licence amendment—
(a) must be in writing; and
(b) must include the reasons for the requested amendment; and
(c) must be accompanied by the prescribed fee (if any).
(3) The Minister may require the licensee to provide any further information or any documents to the Minister in connection with the request.
(4) If this section or a requirement made by the Minister under this section is not complied with, the Minister may refuse to consider the request.
(5) If no fee is prescribed for the purposes of subsection (2)(c), the Minister, by written notice, may require the wagering and betting licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the request.
(6) The Minister may require costs payable under subsection (5) to be paid by instalments or at any time before, during or after the Minister's consideration of the request, whether or not the Minister decides to make the requested amendment.
(7) Costs payable under subsection (5) may be recovered in a court of competent jurisdiction as a debt due to the State.
(1) The Minister must decide whether to make an amendment requested under section 4.3A.22, either with or without changes from that originally requested, and must give written notice of the decision to the wagering and betting licensee.
(2) In deciding whether or not to make an amendment, the Minister must take into account whether, in his or her opinion, the amendment is in the public interest.
(3) If the Minister amends a wagering and betting licence under this section, the Minister must cause—
(a) notice of the amendment to be published in the Government Gazette as soon as practicable after the licence is amended; and
(b) a copy of the amendment (or the licence as amended) to be—
(i) given to the Commission as soon as practicable after the licence is amended; and
(ii) subject to subsection (4), presented to each House of Parliament within 7 sitting days of the House after the licence is amended.
(4) Before complying with subsection (3)(b)(ii), the Minister—
(a) may exclude information from the amendment, or the licence as amended, if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and
(b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded.
(5) Subject to subsection (6), the Commission must cause a copy of an amendment, or the licence as amended, to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (4)(b).
(6) If the Minister has excluded information from an amendment under subsection (4), the Commission must exclude that information from the copy of the amendment, or the licence as amended, it makes available under subsection (5).
(7) An amendment takes effect when notice of the decision to make the amendment is given to the licensee under subsection (1) or on a later date specified in the notice.
(1) The wagering and betting licensee may surrender a wagering and betting licence by giving at least 12 months' written notice to the Minister.
(2) The surrender takes effect only if the Minister consents to the surrender.
(3) The Minister may consent subject to any conditions he or she thinks fit, and those conditions remain in effect after the surrender in accordance with their terms.
(1) If it is within the wagering and betting licensee's power to do so, the licensee must ensure that a person does not become an associate of the licensee except with the prior written approval of the Commission.
Penalty: 60 penalty units.
(2) On application by the licensee, the Commission may grant its approval, but must not grant its approval unless satisfied that the person is a suitable person to be associated with the management of a wagering and betting business.
(3) If the Commission refuses to grant its approval—
(a) the Commission must notify the licensee in writing; and
(b) to the extent that it is within the licensee's power to do so, the licensee must ensure—
(i) that the person does not become an associate; or
(ii) if the person becomes or has become an associate, that the person ceases to be an associate of the licensee within 28 days after the licensee is notified by the Commission under paragraph (a).
Note
Division 1 of Part 4 of Chapter 10 provides for the investigation of an application to approve a person to become an associate of the wagering and betting licence.
(4) The wagering and betting licensee must notify the Commission in writing of the likelihood of a person becoming an associate of the licensee as soon as practicable after the licensee becomes aware of that likelihood.
Penalty: 60 penalty units.
(5) The wagering and betting licensee must notify the Commission in writing of any person becoming an associate of the licensee within 7 days after becoming aware that the person has become an associate.
Penalty: 60 penalty units.
Each of the following is a ground for disciplinary action in relation to a wagering and betting licence—
(a) the wagering and betting licensee is not, or is no longer, a suitable person or body to conduct the activities authorised by the licence;
(b) the wagering and betting licensee has been found guilty of an offence against a gaming Act or the Racing Act 1958 ;
(c) the wagering and betting licensee, or an associate of the licensee, has been found guilty of an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds imprisonment for 3 months;
(d) the wagering and betting licensee has contravened—
(i) a condition of the licence; or
(ii) the betting rules; or
(iii) a provision of this Act (being a provision a contravention of which does not constitute an offence);
(e) the wagering and betting licensee has contravened an agreement referred to in section 4.3A.10 or 4.3A.20;
(f) the wagering and betting licensee has failed to discharge financial obligations to a person betting with the licensee;
(g) the wagering and betting licensee becomes an externally-administered body corporate or otherwise becomes insolvent;
(h) the wagering and betting licence was obtained by a materially false or misleading representation or in some other improper way.
(1) If the Commission considers that there is a ground for taking disciplinary action in relation to a wagering and betting licence, the Commission may give the wagering and betting licensee written notice giving the licensee an opportunity to show cause within 28 days why disciplinary action should not be taken on the ground specified in the notice.
(2) The licensee, 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.
(3) After considering any submissions made under subsection (2), the Commission—
(a) may take either or both of the following disciplinary actions—
(i) issue a letter of censure to the licensee;
(ii) fine the licensee an amount not exceeding an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 ; or
(b) may make a written report to the Minister recommending that the Minister take disciplinary action against the licensee under section 4.3A.28.
(4) A report under subsection (3)(b) must include the reasons for the findings and recommendations contained in it.
(5) A letter of censure may censure the licensee in respect of any matter connected with the management or operation of its wagering and betting business and may include a direction to the licensee to rectify within a specified time any matter giving rise to the letter of censure.
(6) If a direction given under subsection (5) is not complied with in the specified time, the Commission may—
(a) fine the licensee an amount not exceeding an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 ; or
(b) make a written report to the Minister recommending that the Minister take disciplinary action against the licensee under section 4.3A.28.
(7) The Commission may fine the licensee under subsection (6)(a) whether or not the Commission has already fined the licensee under subsection (3)(a)(ii) in relation to the same matter.
(8) A fine imposed under this section may be recovered in a court of competent jurisdiction as a debt due to the State.
(1) If the Commission makes a report to the Minister under section 4.3A.27, the Minister may—
(a) take one of the following disciplinary actions—
(i) amend the licence; or
(ii) suspend the licence; or
(iii) cancel the licence; or
(b) if the Minister considers that disciplinary action under paragraph (a) is not warranted, remit the matter to the Commission with a request that the Commission consider whether disciplinary action should be taken against the licensee under section 4.3A.27(3)(a).
(2) In taking disciplinary action, the Minister—
(a) must take into account whether, in his or her opinion, taking the action is in the public interest; and
(b) is entitled to rely on the findings and recommendations in the report of the Commission under section 4.3A.27; and
(c) is not required to give the licensee a further opportunity to be heard or make submissions.
(3) If the Minister remits a matter to the Commission under subsection (1)(b), the Commission is not required to give the licensee a further opportunity to be heard or make submissions before taking disciplinary action against the licensee under section 4.3A.27(3)(a).
(4) Cancellation, suspension or amendment of a licence under this section takes effect when written notice is given to the licensee or on a later date specified in the notice.
(1) The Minister may suspend a wagering and betting licence by giving written notice to the wagering and betting licensee if the Minister is satisfied that the licensee or an executive officer of the licensee has been charged with—
(a) an offence against a gaming Act
or gaming regulations; or
s. 8
(b) an offence arising out of or in connection with the management or operation of a wagering and betting business; or
(c) an indictable offence or an offence that, if committed in Victoria, would be an indictable offence, the nature and circumstances of which, in the opinion of the Minister, relate to the management or operation of a wagering and betting business.
(2) The Minister may, at any time, terminate or reduce a period of suspension imposed under subsection (1).
A wagering and betting licence is of no effect for the purposes of Part 2 while it is suspended.
(1) If a wagering and betting licence (the original licence ) is cancelled, suspended or surrendered under this Part, the Minister may issue a temporary wagering and betting licence and appoint a temporary wagering and betting licensee for the period determined by the Minister.
(2) The Minister may issue a temporary wagering and betting licence only if satisfied that—
(a) the temporary licensee has a physical place of business in Victoria; and
(b) the temporary licensee is not a natural person or a prohibited person within the meaning of section 4.3A.3; and
(c) the issue of the temporary licence is in the public interest, taking into account each of the following matters—
(i) whether the temporary licensee, and each associate of the temporary licensee, is of good repute, having regard to character, honesty and integrity;
(ii) whether the temporary licensee, or an associate of the temporary licensee, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the temporary licensee or the associate is likely to be significantly affected in an unsatisfactory manner;
(iii) whether each executive officer of the temporary licensee and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the temporary licensee's wagering and betting business, is a suitable person to act in that capacity;
(iv) whether the temporary licensee has sufficient technical capability and adequate systems to conduct the activities to be authorised by the licence;
(v) whether the temporary licensee is of sound and stable financial background;
(vi) whether the temporary licensee has financial resources that are adequate to ensure the financial viability of a wagering and betting business;
(vii) whether the temporary licensee has the ability to maintain a successful wagering and betting business;
(viii) whether the temporary licensee has demonstrated a commitment to the promotion of a viable and growing Victorian racing industry;
(ix) any other matters that were specified in the notice calling for registrations of interest under section 4.3A.3 in relation to the original licence;
(x) any other matters the Minister considers relevant; and
(d) that—
(i) the arrangements between the former licensee and VicRacing or Racing Products, as the case requires, have been or, before the temporary licence commences, will be, concluded to the reasonable satisfaction of the parties; or
(ii) a reasonable opportunity has been given for such a conclusion of those arrangements; and
(e) that the temporary licensee has entered into, or made a binding offer to enter into, arrangements with VicRacing and arrangements with Racing Products that, in the opinion of the Minister, are no less favourable to VicRacing and Racing Products than those last in force between the former licensee and VicRacing or Racing Products, as the case requires.
(3) A temporary wagering and betting licence is issued on the terms and conditions the Minister thinks fit and nothing in Division 2 (other than section 4.3A.14) applies to the issue of the temporary licence.
(4) In determining whether to grant or refuse a licence application, the Minister—
(a) may consult any person the Minister considers appropriate; and
(b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 4.3A.32.
(5) In this section—
"former licensee" means the person who was the wagering and betting licensee—
(a) under the original licence immediately before its cancellation, suspension or surrender; or
(b) under a temporary wagering and betting licence immediately before its cancellation or other termination.
(1) If the Minister is considering issuing a temporary wagering and betting licence, the Minister may request the Commission to give a written report to the Minister—
(a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and
(b) containing any other information required by the Minister.
(2) The Commission must comply with a request of the Minister under this section.
(3) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions.
(4) The report must include the reasons for any findings or recommendations contained in it.
Note
Division 1B of Part 4 of Chapter 10 provides for investigations by the Commission for the purposes of the Minister deciding whether or not to issue a temporary wagering and betting licence.
(1) A temporary wagering and betting licensee may enter into any arrangements that are approved by the Minister with the former licensee, including arrangements relating to the use of assets and services of staff of the former licensee.
(2) The former licensee must make available to the temporary licensee on reasonable terms any assets of, or under the control of, the former licensee that are reasonably necessary for arrangements under subsection (1).
Penalty: 100 penalty units.
(3) The former licensee must use its best endeavours to make available any staff of the former licensee that are reasonably necessary for arrangements under subsection (1).
Penalty: 100 penalty units.
(4) In this section—
"former licensee" has the same meaning as in section 4.3A.31.
(1) A temporary wagering and betting licence—
(a) may be extended once only for a period determined by the Minister; and
(b) may be cancelled at any time by the Minister; and
(c) if issued following the suspension of the original licence—is cancelled by the lifting or expiry of that suspension.
(2) If a temporary wagering and betting licence (including a temporary licence issued under this subsection) is cancelled or otherwise terminates (other than under subsection (1)(c)), the Minister may issue a further temporary wagering and betting licence and appoint a further temporary licensee for the period determined by the Minister.
(3) For the avoidance of doubt, sections 4.3A.31(2), (3) and (4), 4.3A.32 and 4.3A.33 apply to the issue of a temporary licence under subsection (2).
(4) The cumulative periods for which a temporary wagering and betting licence may be issued or extended under this Division cannot exceed 3 years after the day on which the original licence was cancelled, suspended or surrendered (as the case may be).
In this Division—
"applicant" means applicant for a wagering and betting licence;
"application" means application for a wagering and betting licence;
"interested person" means—
(a) an applicant; or
(b) a registrant; or
(c) an associate of an applicant or registrant; or
(d) a person who the Secretary considers may become an associate of an applicant or registrant;
"registrant" means registrant of interest in the grant of a wagering and betting licence;
"registration of interest" means registration of interest in the grant of a wagering and betting licence.
(1) The Secretary, 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 the consideration of the application or registration of interest and is specified in the notice;
(b) to produce, in accordance with directions in the notice, any records relevant to the consideration of the application or registration of interest 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 Secretary with any authorities and consents the Secretary requires for the purpose of enabling the Secretary to obtain information (including financial and other confidential information) concerning the interested person from other persons.
(2) The Secretary may give any information provided or record produced by an interested person under subsection (1), or a copy of the information or record, to the Commission if the Secretary considers that the information or record is relevant to an investigation or inquiry by the Commission in relation to the application or registration of interest.
(3) If an interested person refuses to comply with a requirement under subsection (1)—
(a) the Secretary must notify the Minister in writing as soon as practicable; and
(b) the Minister may refuse to consider the application or registration of interest.
(1) If—
(a) the Secretary requires information (including information in any records) from an interested person under section 4.3A.36; 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 licence (as the case requires)—
the interested person must give the Secretary written particulars of the change as soon as practicable.
Penalty: 60 penalty units.
(2) The Secretary may give the particulars of a change referred to in subsection (1) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application or registration of interest.
(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) If a change occurs in any relevant registration information before the Minister decides whether or not to invite a registrant to make an application, the registrant must give the Minister written particulars of the change as soon as practicable.
Penalty: 60 penalty units.
(2) If a change occurs in any relevant application information before an application is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable.
Penalty: 60 penalty units.
(3) The Minister must give the particulars of a change referred to in subsection (1) or (2) to the Secretary.
(4) The Secretary may give the particulars of a change referred to in subsection (1) or (2) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the registration of interest or application (as the case requires).
(5) When particulars of a change are given, those particulars must then be considered to have formed part of the original registration of interest or application, for the purposes of the application of subsection (1) or (2) to any further change in the relevant information.
(6) In this section—
"relevant application information" means—
(a) any information contained in an application for a wagering and betting licence; or
(b) any information contained in a document that accompanied that application; or
(c) any further information given to the Minister by the applicant in relation to that application.
"relevant registration information" means—
(a) any information provided by a registrant in or in relation to a registration of interest; or
(b) any further information given to the Minister by the registrant in relation to the registration of interest.
(1) If a change occurs in any relevant information before an application for transfer of a wagering and betting licence is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable.
Penalty: 60 penalty units.
(2) The Minister may give the particulars of a change referred to in subsection (1) to the Commission if the Minister considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application.
Penalty: 60 penalty units.
(3) When particulars of a change are given, those particulars must then be considered to have formed part of the original application, for the purposes of the application of subsection (1) to any further change in the relevant information.
(4) In this section—
"relevant information" means—
(a) any information contained in an application for transfer of a wagering and betting licence; or
(b) any information contained in a document that accompanied that application; or
(c) any further information given to the Minister by the applicant in relation to that application.
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