Victorian Numbered Acts Victorian Numbered ActsAfter section 3.4.59L of the Principal Act insert —
(1) Subject to this section, the Minister, by written notice, may direct the temporary licensee to enter into an agreement or class of agreements dealing with matters relating to the temporary monitoring licence with—
(a) the Minister; or
(b) a person or class of person the Minister specifies in the direction.
(2) Before giving a direction under subsection (1), the Minister must consult with the temporary licensee.
(3) A direction under subsection (1)—
(a) must warn the temporary licensee of the Minister's powers under this section; and
(b) must be accompanied by a copy of this section; and
(c) may specify the terms or kinds of terms to be contained in an agreement or class of agreements to be entered into; and
(d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and
(e) may specify a date by which an agreement or class of agreements is to be entered into.
(4) The temporary licensee must comply with a direction under subsection (1).
(5) The temporary licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission.
No compensation is payable by the State because of a direction under section 3.4.59LA or the entering into an agreement in compliance with a direction under section 3.4.59LA.
(1) The temporary licensee does not incur any liability for an act or omission in the provision of monitoring services except as provided under an agreement referred to in section 3.4.59LA.
(2) Subsection (1) does not apply to a liability that would otherwise arise at law in the case where—
(a) a person has won a prize after playing a gaming machine; and
(b) that prize cannot be paid because of a failure by the temporary licensee to provide monitoring services to enable the payment of that prize; and
(c) the person who won the prize or the venue operator who conducts gaming with the machine on which the prize was won sustains a loss because that prize cannot be paid.
An agreement referred to in section 3.4.59LA must provide for the kinds of damages determined by the Minister under section 3.4.59LE.
(1) The Minister, after consulting the Treasurer, may determine the kinds of damages that must be provided for under an agreement referred to in section 3.4.59LA.
(2) Without limiting subsection (1), the Minister may determine—
(a) the maximum amount of damages that may be payable under the agreement for a breach of a specified condition;
(b) the maximum amount of damages that may be payable under the agreement to a specified person for a breach of a specified condition;
(c) the kinds of events or circumstances that could form the basis of a condition referred to in paragraph (a) or (b).
(1) This section applies if the Minister does not grant any application for the monitoring licence.
(2) The Minister may, if the Minister is satisfied that it is in the public interest to do so, direct, by written notice, the Commission to appoint a person (a monitoring services provider ) to provide monitoring services.
(3) On receiving a written notice under subsection (2), the Commission must, by instrument, appoint a person as a monitoring services provider for the purposes of this section.
(4) In appointing a monitoring services provider, the Commission must have regard to the suitability of the person to do what is provided for under subsection (2).
(5) A monitoring services provider is
appointed—
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(a) by the Commission as directed by written notice by the Minister; and
(b) on such terms and conditions as the Minister thinks fit.
(6) The terms and conditions under subsection (5)(b)—
(a) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission; and
(b) may require the monitoring services provider to enter into one or more agreements with the Minister, or a person nominated by the Minister, dealing with matters related to provision of monitoring services (a related agreement ); and
(c) may determine—
(i) the maximum amount of damages that may be payable under a related agreement for a breach of a specified condition;
(ii) the maximum amount of damages that may be payable under a related agreement to a specified person for a breach of a specified condition;
(iii) the kinds of events or circumstances that could form the basis of a condition referred to in subparagraph (i) or (ii).
(7) The appointment of a monitoring services
provider—
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(a) may be terminated at any time—
(i) by the Commission; or
(ii) by the Commission as directed by written notice of the Minister; and
(b) is terminated on the later of—
(i) the day the monitoring licence is issued; or
(ii) if the monitoring licence that is issued takes effect at a time specified in the monitoring licence that is later than the time of issue, that time.
(8) A monitoring services provider—
(a) is taken to have, in connection with the provision of the monitoring services, all the functions and powers of the monitoring licensee; and
(b) must provide monitoring services in accordance with this Act, the regulations and the provider's terms of appointment under subsection (5).
(9) If the appointment of the monitoring services provider is terminated the monitoring services provider—
(a) ceases to be taken to be the holder of the monitoring licence; and
(b) ceases to be taken to have the functions and powers of the monitoring licensee.
(1) This section applies if—
(a) the monitoring licence is suspended, cancelled or surrendered; or
(b) the Minister considers that
there has been—
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(i) a significant failure in the operation or maintenance of the electronic monitoring system used to provide monitoring services; or
(ii) a significant failure to provide monitoring services—
such that no effective monitoring services are being provided.
(2) The Minister may, if the Minister is satisfied that it is in the public interest to do so, direct, by written notice, the Commission to appoint a person (other than the monitoring licensee) (a monitoring services provider )—
(a) to provide monitoring services; and
(b) to manage the business of the monitoring licensee to the extent that the business relates to the provision of monitoring services.
(3) On receiving a written notice under subsection (2), the Commission must, by instrument, appoint a person as a monitoring services provider for the purposes of this section.
(4) In appointing a monitoring services provider, the Commission must have regard to the suitability of the person to do what is provided for under subsection (2)(a) and (b).
(5) A monitoring services provider is appointed—
(a) by the Commission as directed by written notice by the Minister; and
(b) on such terms and conditions as
the Minister thinks fit.
s. 39
(6) The terms and conditions under subsection (5)(b)—
(a) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission; and
(b) may require the monitoring services provider to enter into one or more agreements with the Minister, or a person nominated by the Minister, dealing with matters related to provision of monitoring services (a related agreement ); and
(c) may determine—
(i) the maximum amount of damages that may be payable under a related agreement for a breach of a specified condition;
(ii) the maximum amount of damages that may be payable under a related agreement to a specified person for a breach of a specified condition;
(iii) the kinds of events or circumstances that could form the basis of a condition referred to in subparagraph (i) or (ii).
(7) The appointment of a monitoring services provider—
(a) may be terminated at any time—
(i) by the Commission; or
(ii) by the Commission as directed by written notice of the Minister; and
(b) in the case where the monitoring licence has been cancelled or surrendered, is terminated on the later of—
(i) the day the monitoring licence is issued; or
(ii) if the monitoring licence that is issued takes effect at a time specified in the monitoring licence that is later than the time of issue, that time; and
(c) in the case where the monitoring licence has been suspended, is terminated on the lifting of that suspension.
(8) A monitoring services provider—
(a) is taken to be the holder of the monitoring licence on the same terms as those on which the monitoring licensee held the licence before its cancellation, suspension or surrender, subject to such modifications as the Minister determines; and
(b) is taken to have, in connection with the provision of the monitoring services—
(i) all the functions and powers of the monitoring licensee; and
(ii) all the rights and obligations of the monitoring licensee under a related agreement referred to in sections 3.4.48 and 3.4.48A to which the monitoring licensee is a party; and
(c) must provide monitoring services in accordance with this Act, the regulations, the monitoring licence, any related agreement referred to in sections 3.4.48 and 3.4.48A to which the monitoring licensee is a party and the provider's terms of appointment under subsection (5); and
(d) assumes full control of and responsibility for the business of the monitoring licensee and may use, in the provision of monitoring services, any property, and services of staff and contractors, of the monitoring licensee; and
(e) may employ such staff and engage such contractors as may be required to provide monitoring services.
(9) If the appointment of the monitoring services provider is terminated—
(a) the monitoring services provider ceases to be taken to be the holder of the monitoring licence; and
(b) ceases to be taken to have—
(i) the functions and powers of the monitoring licensee; and
(ii) the rights and obligations of the monitoring licensee under a related agreement referred to in sections 3.4.48 and 3.4.48A to which the monitoring licensee is a party; and
(c) ceases to be in control of and responsible for the business of the monitoring licensee.
(10) In this section, "monitoring licensee" includes the person whose monitoring licence was suspended or cancelled, or who surrendered the monitoring licence, immediately before the appointment of the monitoring services provider.".