Victorian Numbered Acts Victorian Numbered ActsAfter Part 7 of Chapter 3 of the Gambling Regulation Act 2003 insert —
In this Part—
"access notice" means a notice under section 3.8.6(1);
"authorised person" means a person authorised under section 3.8.4;
"legacy monitoring system", of a gaming operator, has the meaning given by section 3.8.2;
"legacy system owner" means a person who owns or has any rights or powers in respect of, or interests in, a legacy monitoring system;
"monitoring services provider" has the same meaning as in section 3.4.38;
"preparatory action" means preparatory action taken in accordance with section 3.4.52;
"served person" means a person served an access notice;
specified monitoring system information has the meaning given by section 3.8.3.
(1) For the purposes of this Part, a legacy monitoring system means any monitoring equipment, and any other equipment, and related software used by a gaming operator for the purpose of monitoring the security, accounting or operation of gaming equipment.
(2) Without limiting subsection (1), a legacy monitoring system includes—
(a) modifications or enhancements to that system; and
(b) gaming machine communication protocols; and
(c) any associated rights, licences and authorisations, and written technical specifications needed to operate the system.
(3) Without limiting subsection (1) or (2)(a) or (b), a legacy monitoring system includes a part of a thing mentioned in those subsections.
(4) To avoid doubt, a legacy monitoring system or a part of a legacy monitoring system referred to in this section need not be owned by the gaming operator.
(1) For the purposes of this Part, specified monitoring system information means information about a legacy monitoring system.
(2) Without limiting subsection (1), specified monitoring system information includes—
(a) information about who owns or has any rights or powers in respect of, or interests in, a legacy monitoring system;
(b) information about the day to day operations of a gaming operator in monitoring the security, accounting or operation of gaming equipment, including how the gaming operator carries out that monitoring and what is used to carry out that monitoring;
(c) contractual arrangements, or information about other arrangements, with other persons under which those persons provide goods or services to enable a gaming operator to monitor the security, accounting or operation of gaming equipment in accordance with the operator's licence.
The Minister may, by instrument, for the purposes of this Part—
(a) appoint a person as an authorised person; or
(b) appoint a class of persons as authorised persons.
(1) The Minister may give a person who the Minister reasonably believes is a legacy monitoring system owner a written direction to provide to the Minister any information or document, or any class of information or document, that—
(a) is in the possession or under the control of the person; and
(b) in the opinion of the Minister—
(i) may assist in, or facilitate, the carrying out of preparatory action or monitoring activities by the monitoring licensee or the provision of monitoring services by a monitoring services provider; or
(ii) may identify the legacy monitoring system; or
(iii) may identify the owner of a part of the legacy monitoring system; or
(iv) may verify or confirm the accuracy of any information held by the Minister relating to the legacy monitoring system or monitoring activities carried out by a gaming operator.
(2) A person given a direction under subsection (1) must comply with the direction unless the person has a reasonable excuse.
Penalty: 100 penalty units.
(3) The Minister may, subject to any conditions that the Minister thinks fit, disclose any information acquired by the Minister in response to a direction under subsection (1) to any one or more of the following—
(a) the Commission;
(b) the monitoring licensee;
(c) a monitoring services provider;
(d) another person if the Minister is of the opinion that it is in the public interest to do so.
(1) The Minister may serve on a person who the Minister reasonably believes is a legacy system owner a notice requiring the person to give the Minister, or an authorised person, access to either or both of the following—
(a) a legacy monitoring system used by the gaming operator;
(b) specified monitoring system information.
(2) The Minister may serve an access notice only if the Minister reasonably believes that it is necessary for the purpose of assisting, or facilitating—
(a) the carrying out of preparatory action or monitoring activities by the monitoring licensee; or
(b) the provision of monitoring services by a monitoring services provider.
(3) An access notice must—
(a) specify the purpose of the service of the notice; and
(b) if the notice requires access to be given to an authorised person, the name of that person; and
(c) include a copy of this Part.
On being served an access notice, a served person must give the Minister or an authorised person and any assistants that the Minister or authorised person considers necessary, or must ensure those persons are given, free and unfettered access at all times to—
(a) business premises occupied by—
(i) the served person; and
(ii) if the served person is a gaming operator, every associate of that operator who is not a legacy system owner; and
(b) a legacy monitoring system; and
(c) any other asset, equipment or software used for or in connection with the carrying out of monitoring activities under a gaming operator's licence that is in the possession or control of—
(i) the served person; and
(ii) if the served person is a gaming operator, every associate of that operator who is not a legacy system owner; and
(d) any document containing specified monitoring system information that is in the possession or control of—
(i) the served person; and
(ii) if the served person is a gaming operator, every associate of that operator who is not a legacy system owner.
Penalty: 100 penalty units.
On serving an access notice, the Minister or an authorised person, and any assistants that the Minister or authorised person considers necessary, may do any one or more of the following—
(a) bring onto the business premises any equipment that the Minister or the authorised person considers necessary;
(b) search the business premises or anything on the premises;
(c) inspect, examine or test—
(i) a
legacy monitoring system mentioned in section 3.8.7(b);
s. 32
(ii) any other asset, equipment or software mentioned in section 3.8.7(c);
(d) inspect or examine any document mentioned in section 3.8.7(d);
(e) make a copy of or take an extract from any document referred to in paragraph (d);
(f) remove or arrange the removal of a document referred to in paragraph (d) for so long as the Minister considers reasonably necessary in order to copy the document or take extracts from the document;
(g) make any still or moving image or audiovisual recording at the premises if the Minister or the authorised person believes, on reasonable grounds, that it is necessary to do so.
(1) The Minister, by written notice, may require a specified person to—
(a) attend before the Minister or an authorised person at a time and place specified by the Minister and answer any questions about—
(i) a legacy monitoring system; or
(ii) information that is specified monitoring system information; or
(b) give the Minister, by a date specified in the notice, information specified in the notice about—
(i) a legacy monitoring system; or
(ii) information that is specified monitoring system information.
(2) A specified person must comply with a notice under subsection (1).
Penalty: 100 penalty units.
(3) A person must not prevent, directly or indirectly, a specified person from complying with a notice under subsection (1).
Penalty: 100 penalty units.
(4) In this section—
"specified person" means—
(a) an officer of a gaming operator;
(b) an associate of a gaming operator who is an individual;
(c) a person who the Minister has reason to believe is employed or engaged, or was employed or engaged in the 12 months immediately before the commencement of section 32 of the Gambling Regulation Amendment (Licensing) Act 2011 , by—
(i) the gaming operator or an associate for or in connection with the carrying out of monitoring activities under the gaming operator's licence; or
(ii) if the legacy monitoring system used by the gaming operator is not owned by the gaming operator—the legacy system owner for the purpose of enabling the gaming operator to carry out monitoring activities under the gaming operator's licence.
(1) The Minister or an authorised person may direct a specified person to provide assistance to the Minister or authorised person to enable the Minister or authorised person to effectively exercise a power under section 3.8.8.
(2) A direction under subsection (1) must be reasonable.
(3) Without limiting subsection (1), the Minister or authorised person may direct the specified person to do any or all of the following—
(a) to find and gain, or arrange, access to electronically stored information—
(i) about a legacy monitoring system; or
(ii) that is specified monitoring system information;
(b) to find and gain, or arrange, access to information—
(i) about a legacy monitoring system; or
(ii) that is specified monitoring system information.
(4) A specified person must not refuse or fail to comply with a direction under subsection (1).
Penalty: 100 penalty units.
(5) In a prosecution for an offence against subsection (4), it is a defence if the defendant does not know how to, or is not able to, provide the assistance required under the direction.
(6) For the purposes of subsection (5) and without limiting that subsection, a defendant is not able to provide the assistance required under the direction if the defendant is unable to do so because of his or her terms and conditions of employment or engagement.
(7) A person must not prevent, directly or indirectly, a specified person from complying with a direction under subsection (1).
Penalty: 100 penalty units.
(8) In this section—
"specified person" means—
(a) an officer of a gaming operator;
(b) a person employed or engaged by a gaming operator or an associate who is at business premises—
(i) occupied by the gaming operator or an associate; and
(ii) used by
the gaming operator for or in connection with the carrying out of monitoring
activities under the gaming operator's licence;
s. 32
(c) if the legacy monitoring system used by the gaming operator is not owned by the gaming operator—a person employed or engaged by a gaming operator who is at business premises—
(i) occupied by the legacy system owner; and
(ii) used for the purpose of enabling the gaming operator to carry out monitoring activities under the gaming operator's licence.
A person must not assault, obstruct, hinder, threaten, abuse, insult or intimidate the Minister or an authorised person when the Minister or authorised person is exercising or attempting to exercise a power under section 3.8.7, 3.8.8, 3.8.9 or 3.8.10.
Penalty: 100 penalty units.
(1) No compensation is payable by the State in respect of anything done by a specified person under Division 2 or 3 or in compliance with a direction under either of those Divisions.
(2) In subsection (1)—
"specified person" means—
(a) the Minister;
(b) an authorised person;
(c) a person assisting the Minister or an authorised person;
(d) a person given a direction under Division 2 or 3.
A person incurs, by complying with a direction under Division 2 or 3, no liability for breach of contract, breach of confidence or any other civil wrong.".