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Casino Control (Amendment) Bill
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill. The purposes of the Bill are to
vary the interval for the periodic review of a casino operator and
to vary the matters that the Victorian Commission for Gambling
Regulation must consider in the periodic review of a casino
operator. The Bill also provides for the amendment or variation
of certain agreements and ratifies an eighth deed of variation to
the management agreement for the Melbourne Casino.
The Bill also makes statute law amendments to the Casino
Control Act 1991 and the Casino (Management Agreement)
Act 1993.
Clause 2 provides for the Bill to come into operation on the day after
Royal Assent.
PART 2--AMENDMENT OF THE CASINO CONTROL
ACT 1991
Clause 3 Sub-clause (1) substitutes a new section 25(1) in the Casino
Control Act 1991. The new sub-section varies the periodic
review of the casino operator that is required to be undertaken by
the Victorian Commission for Gambling Regulation.
New section 25(1) requires the periodic review to be conducted
not later than 3 years after the commencement of operations in a
casino and subsequently at intervals not exceeding 5 years.
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551286 BILL LA INTRODUCTION 19/7/2005
New section 25(1) also requires the Victorian Commission for
Gambling Regulation, in undertaking a periodic review, to
investigate and form an opinion as to each of the following
matters--
· whether or not the casino operator is a suitable person to
continue to hold the casino licence;
· whether or not the casino operator is complying with the
Casino Control Act 1991, the Casino (Management
Agreement) Act 1993, the Gambling Regulation Act
2003 and regulations made under those Acts;
· in the case of the Melbourne Casino Operator, whether
or not the casino operator is complying with the
transaction documents as defined in new section 25(1A)
and with any other agreements between the Melbourne
Casino Operator and the State or a body representing
the State, that impose obligations on the casino operator
in relation to gaming; and
· whether or not it is in the public interest that the casino
licence should continue in force.
Sub-clause (2) inserts a definition of "Melbourne Casino
Operator" into section 25 of the Casino Control Act 1991 and
gives it the same meaning as in the Casino (Management
Agreement) Act 1993. That Act defines it as having the same
meaning as "Company" has in the Management Agreement.
The Management Agreement defines "Company" to mean Crown
Casino Ltd ACN 006 973 262, a company subsequently
registered as Crown Limited ACN 006 973 262.
Sub-clause (2) also inserts a definition of "transaction
documents" into section 25 of the Casino Control Act 1991.
Transaction documents are defined to mean Transaction
Document as defined in the Management Agreement.
That definition is amended by the eighth Deed of Variation to
the Management Agreement, inserted by the Bill.
Clause 4 inserts a new sub-paragraph (x) into section 141(2)(c) of the
Casino Control Act 1991 to broaden the functions of the
Victorian Commission for Gambling Regulation to include
investigating and reporting to the Minister on matters referred to
in section 25 of the Casino Control Act 1991.
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Clause 5 amends section 142(4) of the Casino Control Act 1991 to allow
the Victorian Commission for Gambling Regulation, with the
approval of the Minister for Gaming, to amend or vary any
agreement that was made under section 142 of that Act before the
commencement of section 17 of the Gaming Legislation
(Amendment) Act 2002.
Clause 6 inserts a new section 170 in the Casino Control Act 1991.
The new section is a transitional provision and provides that the
first periodic review of the casino operator that occurs after the
commencement of the Bill must be conducted not later than five
years after the last investigation. A review conducted on or after
the commencement of the Bill must include all matters referred
to in the new section 25(1) for the entire period of the review,
including the period of the review before the commencement of
the Bill.
Clause 7 makes a statute law revision amendment to section 58(2) of
the Casino Control Act 1991 by changing the form of sub-
section (2) into one paragraph.
PART 3--AMENDMENT OF THE CASINO (MANAGEMENT
AGREEMENT) ACT 1993
Clause 8 amends the definition of "the Agreement" in section 4 of the
Casino (Management Agreement) Act 1993 by including a
reference to the eighth Deed of Variation and inserts a definition
of "the eighth Deed of Variation" into section 4 of the Casino
(Management Agreement) Act 1993.
Clause 9 inserts a new section 6H into the Casino (Management
Agreement) Act 1993.
Section 6H(1) ratifies the eighth Deed of Variation to the
Management Agreement as though it had been enacted in that
Act.
Section 6H(2) amends the Management Agreement as provided
in the eighth Deed of Variation to the Management Agreement.
Section 6H(3) provides that a reference in clause 2.2 of the eighth
Deed of Variation to the coming into operation of the Bill is
deemed to be a reference to the commencement of the Casino
Control (Amendment) Act 2005.
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Clause 10 inserts a reference to section 6H(1) into section 7(2) of the
Casino (Management Agreement) Act 1993. Section 7(2)
provides that nothing in section 7 of that Act derogates from the
operation of certain sections, including section 6H(1), by the
insertion of this reference.
Clause 11 inserts a new Schedule 9 to the Casino (Management
Agreement) Act 1993 which comprises the eighth Deed of
Variation to the Management Agreement.
Clause 12 makes a statute law revision amendment by inserting a heading to
section 8 of the Casino (Management Agreement) Act 1993.
The new heading replaces an outdated reference to the Victorian
Casino Control Authority with a reference to the Victorian
Commission for Gambling Regulation.
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