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GAMING ACTS (MISCELLANEOUS AMENDMENT) BILL 1997

                 PARLIAMENT OF VICTORIA

Gaming Acts (Miscellaneous Amendment) Act 1997
                                 Act No.


                     TABLE OF PROVISIONS
Clause                                                               Page

PART 1--PRELIMINARY                                                     1
  1.     Purposes                                                       1
  2.     Commencement                                                   2

PART 2--GAMING MACHINE CONTROL ACT 1991                                 3
  3.     Principal Act                                                  3
  4.     Definitions                                                    3
  5.     Manufacture, sale, supply etc. of gaming machines for use
         outside Victoria                                               3
  6.     Possession of gaming machines not in working order             4
  7.     New Part 2A inserted                                           4
         PART 2A--APPROVAL OF PREMISES FOR GAMING                       4
         12A. Premises which may be approved                            4
         12B. Application for approval of premises                      5
         12C. Responsible authority may submit report                   5
         12D. Matters to be considered in determining applications      6
         12E.    Investigation of application                           6
         12F.    Authority may require further information              6
         12G. Updating of application                                   7
         12H. Determination of application                              8
         12I.    Duration of approval                                   8
         12J.    Renewal of approval                                    8
         12K. Revocation of approval                                    9
         12L.    Automatic revocation of approval                      10
  8.     Venue operator's licence                                      10
  9.     Application for venue operator's licence                      10
  10.    Objections                                                    11
  11.    Matters to be considered in determining application           11
  12.    Determination of application                                  11
  13.    New section 25AA inserted                                     12
         25AA. Register of venue operators and approved venues         12
  14.    Nominee of venue operator                                     12
  15.    Transfer of licence                                           13



                                      i
531221B.I1-6/10/97

 


 

Clause Page 16. Amendment of licence conditions 13 17. Notification of liquor licence matters 15 18. Disciplinary action 15 19. Provisional licence 15 20. Special employee's licence 15 21. Information relating to special employees 16 22. Roll of Recognised Manufacturers and Suppliers 16 23. New section 66A inserted 17 66A. Voluntary removal from Roll 17 24. Contracts no longer to be approved 17 25. Approval of gaming machine types 17 26. New section 135D inserted 17 135D. Trustees to pay supervision charge 17 27. Returns by gaming operators 18 28. Secrecy 18 29. On-going monitoring 18 30. Investigation costs 18 31. Evidentiary 19 32. Appeal 19 33. Amendment of section 12A 19 34. Amendment of transitional provisions 20 35. Statute law revision 23 PART 3--GAMING AND BETTING ACT 1994 24 36. Exemption of certain fixed odds betting 24 37. Shareholdings in licensee 24 38. Statute law revision 24 PART 4--GAMING NO. 2 ACT 1997 26 39. Investment-related lotteries 26 40. Statute law revision 26 NOTES 27 ii 531221B.I1-6/10/97

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Gaming Machine Control Act 1991, the Gaming and Betting Act 1994 and the Gaming No. 2 Act 1997, to repeal the Banking (Premium Accounts) Act 1992 and for other purposes. Gaming Acts (Miscellaneous Amendment) Act 1997 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The purposes of this Act are-- (a) to amend the Gaming Machine Control 5 Act 1991 to improve regulation of the electronic gaming machine industry; 1 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 2 Act No. (b) to correct a reference in the Gaming and Betting Act 1994 to shareholders' voting rights; (c) to repeal unproclaimed legislation in respect 5 of investment-related lotteries; (d) to enable the Treasurer to exempt certain amounts from taxation under section 77(1) of the Gaming and Betting Act 1994; (e) to make various amendments of a statute law 10 revision nature. 2. Commencement (1) This Part and Part 4 and sections 28, 35, 36, 38 and 40 come into operation on the day on which this Act receives the Royal Assent. 15 (2) Section 33 comes into operation on the day on which section 8 of the Gaming Machine Control (General Amendment) Act 1993 comes into operation. (3) Section 37 is deemed to have come into operation 20 on 6 May 1997. (4) Subject to sub-section (5), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (5) If a provision referred to in sub-section (4) does 25 not come into operation before 1 November 1998, it comes into operation on that day. _______________ 2 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 3 Act No. PART 2--GAMING MACHINE CONTROL ACT 1991 3. Principal Act Act No. In this Part, the Gaming Machine Control Act 53/1991. 1991 is called the Principal Act. Reprint No. 4 as at 8 May 1997. Further amended by Acts Nos 117/1993, 15/1997 and 16/1997. 5 4. Definitions In section 3(1) of the Principal Act-- (a) for the definition of "approved venue" substitute-- ' "approved venue" means premises-- 10 (a) to which the licence of a venue operator applies; and (b) which are approved under Part 2A as suitable for gaming and the approval is in force;'; 15 (b) after the definition of "operator under the gaming licence" insert-- ' "Register" means the Register of Venue Operators and Approved Venues established and maintained under 20 section 25AA;'. 5. Manufacture, sale, supply etc. of gaming machines for use outside Victoria 3 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 6 Act No. (1) In section 7(2)(b) of the Principal Act, for "Minister" substitute "Authority or the Director". (2) In section 7(3) of the Principal Act-- (a) for "Minister" (where first occurring) 5 substitute "Authority or the Director"; (b) for "Minister" (where secondly occurring) substitute "Authority or the Director (as the case may be)". 6. Possession of gaming machines not in working order 10 In section 8(2) of the Principal Act, omit all words and expressions commencing "for the purpose only" and ending at the end of the sub- section. 7. New Part 2A inserted 15 After Part 2 of the Principal Act insert-- "PART 2A--APPROVAL OF PREMISES FOR GAMING 12A. Premises which may be approved (1) This Part applies to premises in respect of 20 which there is in force-- (a) a residential licence under section 46 of the Liquor Control Act 1987; (b) a general (class 1) licence or a general (class 2) licence under section 47 of the 25 Liquor Control Act 1987; or (c) a club licence (whether full or restricted) under section 48 of the Liquor Control Act 1987; or (d) a licence under Part I of the Racing Act 30 1958. 4 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 7 Act No. (2) This Part applies to tabaret premises as if they were premises in respect of which a club licence under section 48 of the Liquor Control Act 1987 were in force. 5 12B. Application for approval of premises (1) The owner of premises or a person authorised by the owner may apply to the Authority for the approval of premises as suitable for gaming. 10 (2) An application for approval must be made in a form in or to the effect of the form approved by the Authority and must be accompanied by the prescribed fee. (3) The application must contain or be 15 accompanied by-- (a) evidence of the applicant's interest in the premises or any other relevant authorisation; and (b) any additional information that the 20 Authority may request. (4) Within 14 days of an application, an applicant must send a copy of the application to the relevant responsible authority within the meaning of the Planning and 25 Environment Act 1987. (5) If a requirement made by this section is not complied with, the Authority may refuse to consider the application. 12C. Responsible authority may submit report 30 (1) The relevant responsible authority may submit to the Authority a report on an application for approval of premises within 14 days of the date of receipt of the copy of the application. 5 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 7 Act No. (2) The Authority must consider a report so made. 12D. Matters to be considered in determining applications 5 (1) The Authority must not grant an application for approval of premises as suitable for gaming unless satisfied that-- (a) the applicant has authority to make the application in respect of the premises; 10 and (b) the premises are or, on the completion of building works will be, suitable for the management and operation of gaming machines. 15 (2) In particular, the Authority must consider whether-- (a) the size, layout and facilities of the premises are or will be suitable; and (b) the proposed security arrangements are 20 or will be adequate. 12E. Investigation of application On receiving an application for approval of premises as suitable for gaming, the Authority must cause to be carried out all 25 investigations and inquiries that it considers necessary to enable it to consider the application properly. 12F. Authority may require further information (1) The Authority may, by notice in writing, 30 require an applicant for approval of premises under this Part or a person whose association with the applicant is, in the opinion of the Authority, relevant to the investigation of the 6 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 7 Act No. application to do any one or more of the following-- (a) to provide, in accordance with directions in the notice, any 5 information that is relevant to the investigation of the application and is specified in the notice; (b) to produce, in accordance with directions in the notice, any records 10 relevant to the investigation of the application 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; 15 (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). (2) If a requirement made under this section is 20 not complied with, the Authority may refuse to consider the application. 12G. Updating of application (1) If a change occurs in the information provided in or in connection with an 25 application for approval of premises under this Part (including in any documents lodged with the application) before the application is determined, the applicant must forthwith give the Authority written particulars of the 30 change. Penalty: 50 penalty units. (2) When particulars of the change are given, those particulars must then be considered to have formed part of the original application, 35 for the purposes of the application of sub- 7 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 7 Act No. section (1) to any further change in the information provided. 12H. Determination of application (1) The Authority must determine an application 5 by either granting or refusing to grant approval of the premises and must notify the applicant in writing of its decision. (2) An approval may be granted subject to any conditions that the Authority thinks fit and 10 must specify the number of gaming machines permitted and the gaming machine areas approved for the premises. (3) Without limiting the matters to which conditions may relate, the conditions of an 15 approval may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act. (4) The Authority is not required to give reasons for its decision on an application but may 20 give reasons if it thinks fit. 12I. Duration of approval An approval of premises as suitable for gaming remains in force until whichever of the following happens first-- 25 (a) the approval is cancelled, revoked or surrendered; or (b) the expiration of 5 years, or any other term specified in the approval, after the day on which the approval was granted. 30 12J. Renewal of approval (1) The holder of an approval of premises under this Part may, not earlier than 9 months before the expiration of the current approval, 8 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 7 Act No. apply to the Authority for a new approval, in which case-- (a) the current approval continues in force, unless sooner cancelled, revoked or 5 surrendered, until the new approval is issued or its issue is refused; and (b) if issued, the new approval must be taken to have been granted on the day on which the current approval was due 10 to expire and must be dated accordingly. (2) An application for a new approval must be made in or to the effect of a form approved by the Authority and must be accompanied 15 by the prescribed fee. (3) This Act (except sections 12B(4), 12C, 12D(1)(b) and 12D(2)) applies to and in relation to-- (a) an application under this section for a 20 new approval; and (b) the determination of such an application; and (c) any approval issued as a result of such an application-- 25 as if the application had been made by a person other than the holder of an approval. 12K. Revocation of approval (1) The Authority may serve on a person who is the holder of an approval of premises under 30 this Part a notice in writing affording the person an opportunity to show cause within 28 days why the approval should not be revoked on the grounds that the premises are, 9 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 8 Act No. for reasons specified in the notice, no longer suitable for the conduct of gaming. (2) The holder of the approval may, within the period allowed by the notice, arrange with 5 the Authority for the making of submissions to the Authority as to why the approval should not be revoked and the Authority must consider any submissions so made. (3) The Authority may then revoke the approval 10 if the Authority sees fit and does so by giving written notice of the revocation to the holder of the approval. (4) Revocation of approval under this section takes effect when the notice is given or on a 15 later date specified in the notice. 12L. Automatic revocation of approval If a licence under the Liquor Control Act 1987 in respect of premises approved under this Part-- 20 (a) is cancelled, removed, surrendered or released, the approval of the premises under this Part is immediately revoked; or (b) is suspended for a period of time, the 25 approval of the premises under this Part is immediately suspended for the same period.". 8. Venue operator's licence In section 13 of the Principal Act, after paragraph 30 (b) insert-- "(ba) to manage and operate an approved venue; and". 9. Application for venue operator's licence 10 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 10 Act No. (1) In section 19 of the Principal Act, for sub-section (1) substitute-- "(1) A person may apply to the Authority to be granted a venue operator's licence.". 5 (2) In section 19 of the Principal Act-- (a) sub-section (1AA) is repealed; (b) in sub-section (3), omit paragraph (a); (c) sub-section (4) is repealed; (d) in sub-section (5), omit "in a newspaper 10 circulating in the area and". 10. Objections (1) In section 20 of the Principal Act, for sub-section (2) substitute-- "(2) The Director may object to the grant of a 15 venue operator's licence on any ground referred to in sub-section (1) by giving notice in writing, stating the grounds for the objection, to the Authority at any time before the determination of the application.". 20 (2) In section 20(3) of the Principal Act, omit "and report". 11. Matters to be considered in determining application (1) In section 21(1) of the Principal Act, omit paragraph (c). 25 (2) In section 21(2) of the Principal Act, omit paragraphs (b), (f) and (g). 12. Determination of application In section 25(2) of the Principal Act, for "specify the number of gaming machines permitted and the 30 gaming machine areas approved for the venue" substitute-- 11 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 13 Act No. "specify-- (a) the premises, if any, approved under Part 2A that the licensee is authorised to manage and operate under the licence; and 5 (b) the number of gaming machines permitted in each of the premises; and (c) the gaming machine areas approved for each of the premises.". 13. New section 25AA inserted 10 After section 25 of the Principal Act insert-- "25AA. Register of venue operators and approved venues (1) The Authority must establish and cause to be maintained a Register of Venue Operators 15 and Approved Venues. (2) The Register must contain the following information in relation to every venue operator-- (a) the name and address of the venue 20 operator; (b) the name and address of every associate of the venue operator; (c) the address of each approved venue; (d) the number of gaming machines 25 permitted in each approved venue; (e) the name and address of the nominee, if any, at each approved venue.". 14. Nominee of venue operator (1) In section 25A(1) and (3) of the Principal Act-- 30 (a) after "nominate" insert ", in respect of each approved venue,"; 12 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 15 Act No. (b) after "licensee" (where secondly occurring) insert "in respect of that approved venue". (2) In section 25A(2) and (4) of the Principal Act, for "premises for which the licence was granted" 5 substitute "approved venue". (3) In section 25A(6) of the Principal Act, omit paragraph (b). 15. Transfer of licence In section 26 of the Principal Act, after "or" insert 10 ", subject to section 27,". 16. Amendment of licence conditions (1) In section 27(1) of the Principal Act, for "including the number of gaming machines permitted in the venue," substitute-- 15 "including-- (a) the addition or removal of an approved venue; and (b) variation of the number of gaming machines permitted in an approved venue; and 20 (c) variation of the gaming machine areas approved for an approved venue--". (2) In section 27(2) of the Principal Act-- (a) in paragraph (a) after "writing" insert ", in accordance with sub-section (2A),"; 25 (b) in paragraph (b) omit "and the gaming operator who places gaming machines in that approved venue". (3) In section 27 of the Principal Act, for sub-section (2A) substitute-- 30 "(2A) An amendment proposed by a venue operator-- 13 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 16 Act No. (a) must be made in or to the effect of the form approved by the Authority; and (b) must be accompanied by the prescribed fee and any information that the 5 Authority may request.". (4) In section 27(3) of the Principal Act, omit "and the gaming operator". (5) In section 27(3A) of the Principal Act-- (a) omit "and the gaming operator"; 10 (b) for "their" substitute "the"; (c) for "each of them" substitute "the venue operator". (6) In section 27 of the Principal Act, after sub- section (3A) insert-- 15 "(3B) Without limiting the matters which the Authority may consider in deciding whether to make a proposed amendment, the Authority must not amend a venue operator's licence unless-- 20 (a) the Authority is satisfied that the amendment of the licence does not conflict with a direction, if any, given under section 12; and (b) if premises are proposed to be added to 25 the licence as an approved venue and the premises are situated within 100 metres of an approved venue of which the applicant for the amendment, or an associate of the applicant, is the venue 30 operator, the Authority is satisfied that the management and operation of the approved venue and the proposed approved venue are genuinely independent of each other. 14 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 17 Act No. (3C) Sections 23 and 24 apply to an application under sub-section (2)(a) as if-- (a) a reference to an applicant for a venue operator's licence were a reference to 5 an applicant for amendment of the licence; and (b) a reference to application were construed accordingly.". (7) In section 27(4) of the Principal Act, omit "and 10 gaming operator". 17. Notification of liquor licence matters In section 28(2) of the Principal Act-- (a) in paragraph (a), for "cancelled; or" substitute "amended to remove the premises 15 that were the approved venue."; (b) omit paragraph (b). 18. Disciplinary action In section 30(1) of the Principal Act, in the definition of "grounds for disciplinary action", 20 omit paragraph (d). 19. Provisional licence In section 31 of the Principal Act-- (a) in sub-section (1) omit "in respect of premises which are an approved venue at the 25 time of the grant of the provisional licence"; (b) in sub-section (3) omit "in respect of that approved venue". 20. Special employee's licence In section 41(1) of the Principal Act-- 30 (a) omit "and" at the end of paragraph (b); (b) omit paragraph (c). 15 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 21 Act No. 21. Information relating to special employees In section 55 of the Principal Act, sub-section (1) is repealed. 22. Roll of Recognised Manufacturers and Suppliers 5 (1) In section 62 of the Principal Act, for "Director" substitute "Authority". (2) In section 63 of the Principal Act-- (a) for "Director" (wherever occurring) substitute "Authority"; 10 (b) in sub-section (3A), for "he or she" substitute "it". (c) in sub-section (6), after "Police" insert "and the Director". (3) In section 64 of the Principal Act, for "Director" 15 (wherever occurring) substitute "Authority". (4) In section 65 of the Principal Act-- (a) in sub-sections (1) and (2), for "Director" (wherever occurring) substitute "Authority"; (b) sub-sections (3), (3A) and (3B) are repealed. 20 (5) In section 65A of the Principal Act-- (a) for "Director" (wherever occurring) substitute "Authority"; (b) in sub-section (6), for "his or her" substitute "its". 25 (6) In section 66(1) of the Principal Act-- (a) omit "order the Director to"; (b) in paragraph (e), for "Director" substitute "Authority". 16 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 23 Act No. 23. New section 66A inserted After section 66 of the Principal Act insert-- "66A. Voluntary removal from Roll A person listed on the Roll may, by notice in 5 writing signed by the person, request the Authority to remove the name of the person from the Roll and the Authority must remove the name as requested.". 24. Contracts no longer to be approved 10 (1) Section 68 of the Principal Act is repealed. (2) In section 32(2) of the Principal Act, omit "68,". 25. Approval of gaming machine types (1) In section 69(3) of the Principal Act, after "suitable" insert ", in respect of player return, 15 game fairness and security,". (2) In section 69(6B) of the Principal Act, after "suitable" insert ", in respect of player return, game fairness and security,". 26. New section 135D inserted 20 After section 135C of the Principal Act insert-- "135D. Trustees to pay supervision charge (1) The Trustees must pay to the Treasurer for payment into the Consolidated Fund a supervision charge in such instalments in 25 respect of such periods in each financial year as the Treasurer determines from time to time. (2) The supervision charge is such amount in respect of each financial year as the 30 Treasurer, after consultation with the Minister, determines having regard to the reasonable costs and expenses in respect of 17 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 27 Act No. the financial year incurred by the Authority in carrying out its functions and powers under this Act. (3) The supervision charge is a tax.". 5 27. Returns by gaming operators (1) In section 136(3) of the Principal Act, for "19" (wherever occurring) substitute "12A". (2) In section 136A of the Principal Act, for "19" (wherever occurring) substitute "12A". 10 28. Secrecy In section 139(4A) of the Principal Act-- (a) after "restrict" insert "--(a)"; (b) after "Victoria" insert-- "; or 15 (b) the giving of-- (i) the names of all venue operators and persons listed on the Roll; and (ii) the addresses of all approved venues and the number of gaming 20 machines in each approved venue--". 29. On-going monitoring In section 142A(4)(b) of the Principal Act, after "(b)" insert "other than an associate of a venue 25 operator,". 30. Investigation costs In section 149B(1) of the Principal Act, after "licence" insert ", or amendment of any licence,". 18 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 31 Act No. 31. Evidentiary (1) In section 150(1)(d) of the Principal Act, after "licence" insert "or approval". (2) In section 150(2) of the Principal Act, after 5 paragraph (b) insert-- "(ba) a document purporting to be a copy of an approval under this Act is evidence of an approval of which it purports to be a copy; and". 10 32. Appeal In section 156(1) of the Principal Act, before paragraph (a) insert-- "(aa) to revoke, or to refuse to revoke, an approval of premises under Part 2A; or". 15 33. Amendment of section 12A In section 12A of the Principal Act, after sub- section (2) insert-- "(3) If-- (a) a person has been authorised by the 20 Federal Airports Corporation to sell or supply liquor from premises at a Federal airport within the meaning of the Federal Airports Corporation Act 1986 of the Commonwealth; and 25 (b) the authorised person is eligible to be the holder of a club licence referred to in sub-section (1)(c)-- the authorised person is deemed, for the purposes of this Act, to be the holder of a 30 club licence referred to in sub-section (1)(c) in respect of those premises. (4) Despite sub-section (1), a person may not apply under this Part for approval of 19 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 34 Act No. prescribed premises or premises of a prescribed class.". 34. Amendment of transitional provisions (1) In section 163 of the Principal Act, before sub- 5 section (2) insert-- "(1) Section 139 as amended by section 28 of the Gaming Acts (Miscellaneous Amendment) Act 1997 applies to all information referred to in section 139(4A)(b) in respect of any 10 period, whether before or after the commencement of section 30 of that Act.". (2) In section 163 of the Principal Act, after sub- section (2) insert-- "(3) The Director must, as soon as practicable 15 after the commencement of section 22 of the Gaming Acts (Miscellaneous Amendment) Act 1997, provide to the Authority the Roll maintained under section 62. (4) If, immediately before the commencement of 20 section 22 of the Gaming Acts (Miscellaneous Amendment) Act 1997-- (a) an application to be listed on the Roll has been made to the Director but not determined under section 65; or 25 (b) an appeal to the Authority from a decision of the Director under section 65 has been commenced but not determined; or (c) a condition, or an amendment of a 30 condition, on a person's listing on the Roll has been proposed but no decision under section 65A has been made by the Director-- 20 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 34 Act No. this Act, and regulations made under this Act, as in force immediately before the commencement of section 22 of that Act continue to apply as if section 22 of that Act 5 had not been enacted.". (3) In section 163 of the Principal Act, at the end of the section insert-- "(5) If, immediately before the commencement of section 7 of the Gaming Acts 10 (Miscellaneous Amendment) Act 1997, premises were an approved venue, then on that commencement-- (a) they are deemed to be approved under Part 2A of this Act as suitable for 15 gaming; and (b) the venue operator at the approved venue immediately before that commencement is deemed to be the holder of the approval under Part 2A; 20 and (c) the approval is deemed to have been granted on the day on which the venue operator's licence was granted; and (d) the premises are deemed to be specified 25 in the venue operator's licence as premises that the venue operator is authorised to manage and operate under the licence; and (e) the number of gaming machines 30 permitted in the approved venue immediately before that commencement is deemed to be specified in the venue operator's licence as the number permitted in those 35 premises; and 21 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 34 Act No. (f) the gaming machine areas approved for the approved venue immediately before that commencement are deemed to be specified in the venue operator's licence 5 as the gaming machine areas approved for those premises. (6) If, immediately before the commencement of section 9 of the Gaming Acts (Miscellaneous Amendment) Act 1997, an 10 application for the grant of a venue operator's licence has been made to the Authority but not determined, this Act, and regulations made under this Act, as in force immediately before the commencement of 15 section 9 of that Act continue to apply as if section 9 of that Act had not been enacted. (7) If, immediately before the commencement of section 16 of the Gaming Acts (Miscellaneous Amendment) Act 1997, an 20 amendment of a condition on a venue operator's licence has been proposed but no decision under section 27 has been made by the Authority, this Act, and regulations made under this Act, as in force immediately 25 before the commencement of section 16 of that Act continue to apply as if section 16 of that Act had not been enacted. (8) If, immediately before the commencement of section 18 of the Gaming Acts 30 (Miscellaneous Amendment) Act 1997, a proceeding under section 30 has been commenced but not determined, this Act, and regulations made under this Act, as in force immediately before the commencement 35 of section 18 of that Act continue to apply as if section 18 of that Act had not been enacted.". 22 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 35 Act No. 35. Statute law revision In section 12(3) of the Principal Act, for "to the published" substitute "to be published". _______________ 5 23 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 36 Act No. PART 3--GAMING AND BETTING ACT 1994 36. Exemption of certain fixed odds betting Act No. In section 3 of the Gaming and Betting Act 37/1994. 1994, after sub-section (4) insert-- Reprint No. 1 as at 28 July 5 "(5) The Treasurer, by notice given to the 1997. Further licensee, may, subject to such conditions (if amended by Act No. any) as the Treasurer determines and 16/1997. specifies in the notice, declare that specified amounts, or amounts of a specified class, are 10 deemed, for the purposes of section 77(1), not to form part of the net investment in approved betting competitions at fixed odds conducted by the licensee or an operator.". 37. Shareholdings in licensee 15 In section 57(2) of the Gaming and Betting Act 1994-- (a) omit paragraphs (a), (c) and (d); (b) in paragraph (b) omit "(ii)". 38. Statute law revision 20 The Gaming and Betting Act 1994 is amended as follows-- (a) in section 34-- (i) for "(5)" substitute "(4)"; (ii) for "(6)" (wherever occurring) 25 substitute "(5)"; (iii) for "(7)" substitute "(6)"; (iv) for "(8)" substitute "(7)"; (v) for "(9)" substitute "(8)"; (b) in section 34(6)(b), for "reasonable" 30 substitute "reasonably"; 24 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 38 Act No. (c) in section 39-- (i) for "(4)" substitute "(3)"; (ii) for "(5)" substitute "(4)"; (d) in section 146 omit "(1)"; 5 (e) sections 174 to 194 are repealed; (f) sections 208 to 221 are repealed; (g) Part 17 is repealed; (h) Part 18 is repealed. _______________ 10 25 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 s. 39 Act No. PART 4--GAMING NO. 2 ACT 1997 39. Investment-related lotteries Act No. (1) Part 6 and section 121 of the Gaming No. 2 16/1997. Act 1997 are repealed. 5 (2) The Banking (Premium Accounts) Act 1992 is repealed. 40. Statute law revision The Gaming No. 2 Act 1997 is amended as follows-- 10 (a) in section 90(4), omit "or" (where secondly occurring); (b) in section 109, in proposed section 56(2) of the Lotteries Gaming and Betting Act 1966, after "to prove that the" insert 15 "defendant". 26 531221B.I1-6/10/97

 


 

Gaming Acts (Miscellaneous Amendment) Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 27 531221B.I1-6/10/97

 


 

 


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