Victorian Numbered Acts Victorian Numbered ActsAfter Part 5 of Chapter 4 of the Gambling Regulation Act 2003 insert —
In this Part—
trading bookmaking partnership means a partnership under the trading name of which wagers are taken.
(1) An individual aged 18 years or more or a corporation may apply to the Commission for registration as a bookmaker.
(2) An application under subsection (1)—
(a) must be in the form approved by the Commission; and
(b) must be accompanied by the prescribed fee (if any); and
(c) must contain or be accompanied by any additional information the Commission requires; and
(d) if the applicant is a corporation, must nominate an individual aged 18 years or more for approval under section 4.5A.8 to be the nominee of the corporation.
(3) If a requirement made by or under this section is not complied with, the Commission may refuse to consider the application.
(1) An individual aged 18 years or more may apply to the Commission for registration as a bookmaker's key employee.
(2) An application under subsection (1)—
(a) must be in the form approved by the Commission; and
(b) must be accompanied by the prescribed fee (if any); and
(c) must contain or be accompanied by any additional information the Commission requires.
(3) If a requirement made by or under this section is not complied with, the Commission may refuse to consider the application.
(1) The Commission is to determine whether to grant or refuse an application for registration as a bookmaker.
(2) In determining whether to grant or refuse an application, the Commission must have regard to—
(a) whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity; and
(b) whether the applicant, and each associate of the applicant, has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources ; and
(c) whether the applicant, and each associate of the applicant, is of sound and stable financial background; and
(d) if the applicant is a corporation—
(i) whether the applicant has, or has arranged for, a satisfactory ownership, trust or corporate structure; and
(ii) whether the nominee, each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity; and
(e) whether appropriate bond arrangements for the applicant under section 94A of the Racing Act 1958 are in place.
(3) The Commission must give written notice of its decision on an application to the applicant.
(4) If the Commission refuses an application, the notice under subsection (3) must include the reasons for the refusal.
(1) The Commission is to determine whether to grant or refuse an application for registration as a bookmaker's key employee.
(2) In determining whether to grant or refuse an application, the Commission must have regard to whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity.
(3) The Commission must give written notice of its decision on an application to the applicant.
(4) If the Commission refuses an application, the notice under subsection (3) must include the reasons for the refusal.
(1) On granting an application for registration as a bookmaker or bookmaker's key employee, the Commission must issue a certificate of registration and an identity card to the registration holder.
(2) At all times while working as a registered bookmaker or bookmaker's key employee on a licensed racecourse—
(a) the registration holder; or
(b) if the registration holder is a registered bookmaker that is a corporation, the nominee of the registered bookmaker—
must wear his or her identity card in such a manner as to be visible to other people.
(3) In the event that a certificate of registration or identity card is lost or destroyed, the registration holder or nominee may apply to the Commission for a replacement certificate or card.
(4) An application for a replacement certificate of registration or identity card must—
(a) be accompanied by a statutory declaration as to the circumstances in which the certificate or card was lost or destroyed; and
(b) be accompanied by the prescribed fee (if any).
(5) If the registration is cancelled or suspended, the registration holder must return the certificate of registration and identity card to the Commission within 14 days after the suspension or cancellation.
Penalty: 20 penalty units.
Registration as a bookmaker or bookmaker's key employee—
(a) takes effect when the certificate of registration is given or on a later date specified in the certificate; and
(b) remains in force for the term not exceeding 5 years specified in the registration unless sooner cancelled or surrendered.
(1) The Commission may approve or refuse to approve a person nominated under section 4.5A.2(2)(d) by either approving or refusing to approve the nominated person and must notify the applicant of its decision in writing.
(2) The Commission may refuse to approve a nominated person unless it is satisfied that the person, and each associate of the person, is a suitable person to be concerned in or associated with the management and operation of the corporation.
(3) In determining whether a nominated person is a suitable person under subsection (2), the Commission must consider—
(a) whether the nominee is of good repute, having regard to character, honesty and integrity; and
(b) whether the nominee and each associate of the nominee are of a sound and stable financial background.
(4) If the Commission approves a nominated person, the Commission must issue an identity card to that person.
(5) If—
(a) the Commission refuses to approve a nominated person; or
(b) a nominee who has been approved by the Commission resigns, is dismissed or otherwise becomes unable to perform the functions of the nominee of the corporation—
the applicant or registration holder must nominate, within 60 days (or the longer period allowed by the Commission) after the refusal, resignation or dismissal, or becoming unable to perform, another individual aged 18 years or more for approval under this section to be the nominee of the corporation.
(6) A nominee approved under this section is liable under this Act as a registered bookmaker.
(7) The approval by the Commission of a nominee under this section does not limit the liability of the corporation as a registered bookmaker.
(8) A function of the Commission under this section may be performed by any commissioner.
(1) A registered bookmaker may apply in writing to the Commission for approval for either or both of the following—
(a) to be a member of a trading bookmaking partnership; or
(b) to be a member of any other partnership where the business of that bookmaker as a bookmaker or any substantive parts of that business are conducted jointly with other bookmakers.
(2) An application under subsection (1)—
(a) must be in the form approved by the Commission; and
(b) must be accompanied by any additional information in connection with the application that the Commission requires.
(3) If a requirement made by or under this section is not complied with, the Commission may refuse to consider the application.
(1) The Commission may grant or refuse an application under section 4.5A.9(1) and may at any time revoke or vary an approval granted under this section.
(2) An approval under this section ceases to have effect—
(a) at the time specified by the Commission, but in any case no later than the third anniversary of the granting of the approval; or
(b) on the revocation of the approval by the Commission; or
(c) on the surrender of the approval by the bookmaker to the Commission; or
(d) on the certificate of registration issued under this Part to any registered bookmaker who is a member of the partnership ceasing to have effect—
whichever is the earliest.
(3) The Commission may suspend an approval under this section, and during the period of suspension the approval has no force or effect.
(4) The Commission may impose a condition on an approval under this section either on or after the granting of the application for the approval.
(5) The Commission may vary or revoke a condition of an approval under this section.
(6) Unless a registered bookmaker has the approval of the Commission under this section to do so, the registered bookmaker must not be a member of—
(a) a trading bookmaking partnership; or
(b) any other partnership where the business of that bookmaker as a bookmaker or any substantive parts of that business are conducted jointly with other persons.
On granting an application for registration as a bookmaker or bookmaker's key employee, the Commission may impose any conditions of registration that the Commission considers are appropriate including—
(a) conditions to allow for the proper conduct of bookmaking; or
(b) are otherwise in the public interest.
(1) The conditions of a registration as a bookmaker or bookmaker's key employee may be amended in accordance with this section.
(2) An amendment may be proposed—
(a) by the registration holder by requesting the Commission in writing; or
(b) by the Commission by giving notice of the proposed amendment and giving reasons to the registration holder in writing.
(3) An amendment proposed by the Commission may only be for the proper conduct of bookmaking or otherwise in the public interest.
(4) The Commission must give the registration holder at least 28 days to make a submission concerning an amendment proposed by the Commission and must consider any submission made within that period.
(5) The registration holder may waive the right under subsection (4) to make a submission concerning an amendment proposed by the Commission by giving notice in writing to the Commission.
(6) The Commission must decide whether to make any proposed amendment, either with or without changes from that originally proposed, and must notify the registration holder of its decision in writing.
(7) An amendment takes effect when notice of the Commission's decision is given to the registration holder or at any later date that may be specified in the notice.
(1) A registered bookmaker or bookmaker's key employee may, not earlier than 9 months before the expiration of the current registration, apply to the Commission for a new registration, in which case—
(a) the current registration continues in force, unless sooner cancelled or surrendered, until the new registration is granted or refused; and
(b) if granted, the new registration must be taken to have been granted on the day on which the current registration was due to expire and must be dated accordingly.
(2) An application under subsection (1) must be made in the form approved by the Commission and must be accompanied by the prescribed fee (if any).
(3) This Act (except sections 4.5A.2 and 4.5A.3) applies to and in relation to—
(a) an application under this section for a new registration; and
(b) the determination of such an application; and
(c) any registration issued as a result of such an application—
as if the application has been made by a person other than a registered bookmaker or bookmaker's key employee.
(4) If a requirement made by this section is not complied with, the Commission may refuse to consider the application.
(1) In this section—
"disciplinary action", against a registered bookmaker or bookmaker's key employee, means any of the following—
(a) the cancellation or suspension of the registration;
(b) the variation of the conditions of the registration;
(c) the issuing of a letter of censure;
(d) in the case of a registered bookmaker the imposition of a fine 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 ;
"grounds for disciplinary action", in relation to registered bookmaker or bookmaker's key employee, means any of the following—
(a) that the registration was improperly obtained in that, at the time it was granted, there were grounds for refusing it;
(b) that the registration holder failed to provide information that the holder is required by this Act or the Racing Act 1958 to provide or has provided information knowing it to be false or misleading;
(c) that the registration holder has contravened this Act or the Racing Act 1958 or a condition of the registration;
(d) that—
(i) the registration holder; or
(ii) if the registration holder is a corporation, an executive officer or nominee of the corporation—
has been found guilty of a relevant offence;
(e) that the registration holder has become an insolvent under administration or, if the registration holder is a corporation, an externally administered body corporate;
(f) that the registration holder is, for any other reason, not a suitable person to be registered as a bookmaker or bookmaker's key employee;
"relevant offence" means—
(a) an offence against the Racing Act 1958 and regulations under that Act, or a gaming Act or gaming regulations;
(b) an offence (in Victoria or elsewhere) involving fraud or dishonesty;
(c) an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence.
(2) The Commission may serve on the registered bookmaker or bookmaker's key employee a notice in writing giving the holder of the registration an opportunity to show cause within 28 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice.
(3) The registration holder, 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 and the Commission must consider any submissions made.
(4) The Commission may then take disciplinary action against the registration holder as the Commission sees fit and does so by giving written notice of the disciplinary action to the registration holder.
(5) If the disciplinary action is the cancellation, suspension or variation of the terms of the registration, it takes effect when the notice under subsection (4) is given or at a later time specified in the notice.
(6) If the disciplinary action is the imposition of a fine, the fine may be recovered as a debt due to the State.
A person whose interests are affected may apply to the Victorian Civil and Administrative Tribunal for review of—
(a) a decision to refuse an application for registration as a bookmaker or bookmaker's key employee;
(b) a decision to refuse an application for approval of registered bookmakers to be in partnership;
(c) a decision to suspend an approval of registered bookmakers to be in partnership;
(d) a decision to impose, vary or revoke a condition of an approval of registered bookmakers to be in partnership;
(e) a decision to refuse an application for approval of a nominee of a registered bookmaker;
(f) a decision to impose or amend a condition of a registration as a bookmaker or bookmaker's key employee;
(g) a decision to refuse to renew a registration as a bookmaker or bookmaker's key employee;
(h) a decision to take disciplinary action against a registered bookmaker or bookmaker's key employee.
An application for review must be made within 28 days after the later of—
(a) the day on which the decision is made; or
(b) if, under the Victorian Civil and Administrative Tribunal Act 1998 , the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
(1) This section applies to—
(b) an associate of a registered bookmaker;
(c) a nominee approved under section 4.5A.8.
(2) Whenever a change of a kind specified by the Commission in writing given to a person to whom this section applies takes place in the situation existing in relation to that person, the person must notify the Commission in writing of the change within 14 days after it takes place.
Penalty: 60 penalty units.
(3) A function of the Commission under this section may be performed by any commissioner.".