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Gambling Regulation Amendment
(Licensing) Bill 2009
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purpose of the Bill. The main purpose of the Bill is
to amend the Gambling Regulation Act 2003 to--
· substantially restructure the gaming industry by--
· providing for a new licence for the monitoring of
the conduct of gaming;
· providing for the creation and allocation of
gaming machine entitlements under which
gaming by means of gaming machines will be
authorised; and
· imposing certain ownership and related person
restrictions in relation to licensees and persons
on the Roll;
· authorise the conduct of a betting exchange;
· make further provision in relation to simulated games
and simulated racing events; and
· otherwise improve the operation of that Act.
Clause 2 sets out when the provisions of the Bill come into operation.
Subsection (1) provides that the Act (except Division 1 of Part 4,
Division 2 of Part 4, section 76 and section 77) comes into
operation on the day after the day the Act receives the Royal
Assent.
561208 1 BILL LA INTRODUCTION 3/2/2009
Subsection (2) provides that, subject to subsection (3), Division 1
of Part 4, Division 2 of Part 4, section 76 and section 77 come
into operation on a day or days to be proclaimed.
Subsection (3) provides that, if a provision referred to in
subsection (2) does not come into operation before 1 January
2010, it comes into operation on that day.
Clause 3 provides that, in the Bill, the Gambling Regulation Act 2003 is
called "the Principal Act".
PART 2--NEW MONITORING LICENCE AND GAMING
MACHINE ENTITLEMENTS AND OTHER GAMING
AMENDMENTS
Clause 4 amends section 1.3(1) of the Principal Act by inserting
definitions for gaming machine entitlement, gaming machine
entitlement declared day, monitoring licence and monitoring
licensee.
Clause 5 inserts into and makes amendments to the definitions in
section 3.1.2 of the Principal Act.
Subsection (1) inserts definitions for gaming machine
entitlement allocation and transfer rules, geographic area
condition, significant event, significant game play transaction
and venue condition.
Subsection (2) substitutes "3.2.3(1)(a);" for "3.2.3(1)(a)." in the
definition of State limit.
Clause 6 amends section 3.1.4(2) of the Principal Act and inserts a new
subsection (3) to extend the operation of section 3.1.4 to the
monitoring licensee.
Clause 7 substitutes a new section 3.1.6 in place of section 3.1.6 in the
Principal Act. The new section 3.1.6 provides for Chapter 3 to
apply to approved venues which are tabaret premises as if they
were an approved venue in respect of which a pub licence were
in force.
Clause 8 amends section 3.2.1 of the Principal Act, to provide that gaming
in approved venues is lawful if conducted in accordance with the
conditions of the relevant gaming machine entitlements.
Clause 9 inserts a new paragraph (ea) after section 3.2.3(1)(e) of the
Principal Act, to provide that the Minister may issue directions to
specify the number or proportion of gaming machine entitlements
that authorise the conduct of gaming in an approved venue with a
pub, club or racing club licence.
2
Clause 10 inserts a new Part 2A of Chapter 3 in the Principal Act, relating
to ownership and related party gaming machine operation
restrictions.
New Division 1 of Part 2A of Chapter 3 sets out the
interpretation provisions for Part 2A of Chapter 3.
New section 3.2A.1 inserts definitions for entitlement holder,
hotel gaming machine entitlement and prescribed connection.
New Division 2 of Part 2A of Chapter 3 sets out ownership and
related party licensee restrictions.
New section 3.2A.2 provides that a venue operator (and an
associate, subsidiary or related body corporate of a venue
operator) must not be: a person listed on the Roll; a holder of the
monitoring licence; an associate, subsidiary or related body
corporate of a holder of the monitoring licence; or an associate,
subsidiary or related body corporate of a person listed on the
Roll.
New section 3.2A.3 provides that a person listed on the Roll who
manufactures approved gaming machines or restricted
components or supplies testing services (and an associate,
subsidiary or related body corporate of such a person) must not
be a holder of the monitoring licence or an associate, subsidiary
or related body corporate of a holder of the monitoring licence.
New section 3.24A.4 provides that a person listed on the Roll
(and an associate, subsidiary or related body corporate of such a
person) must not be a holder of a venue operator's licence or an
associate, subsidiary or related body corporate of a holder of a
venue operator's licence
New section 3.2A.5 provides that the monitoring licensee (and an
associate, subsidiary or related body corporate of the monitoring
licensee) must not be: a person listed on the Roll as a person who
manufactures approved gaming machines or restricted
components or who does any of the things referred to in section
3.4.5(c), (d) or (e) of the Principal Act; an associate, subsidiary or
related body corporate of such a person listed on the Roll; a
holder of a venue operator's licence; or an associate, subsidiary or
a related body corporate of a holder of a venue operator's licence.
New section 3.2A.6 provides that a casino operator (and an
associate, subsidiary or related body corporate of a casino
operator) must not hold a gaming machine entitlement which
authorises the conduct of gaming in an approved venue in respect
of which there is in force a pub licence, and must not be the
holder of the monitoring licence.
3
New Division 3 of Part 2A of Chapter 3 sets out gaming machine
entitlement prohibited interests.
New section 3.2A.7 provides that an entitlement holder is
prohibited from holding more than 35% of hotel gaming machine
entitlements alone or with other entitlement holders with which
the entitlement holder has a prescribed connection (defined in the
new section 3.2A.1 of the Principal Act). In the second case the
number of gaming machine entitlements held by an entitlement
holder is determined by adding the number of gaming machine
entitlements held by the entitlement holder (the first entitlement
holder) to the number of gaming machine entitlements held by
entitlement holders with a prescribed connection to the first
entitlement holder. If the sum of hotel gaming machine
entitlements held by the first entitlement holder and entitlement
holders with a prescribed connection to the first entitlement
holder equates to more than 35% of hotel gaming entitlements,
the first entitlement holder holds a prohibited number of hotel
gaming machine entitlements.
Clause 11 amends Part 4 of Chapter 3 of the Principal Act, relating to the
licensing of operators.
Subclause (1) amends the heading to Part 4 of Chapter 3 of
the Principal Act to refer to the licensing of monitors.
This amendment is consequential to the amendments in the
Bill that insert the monitoring licence regime.
Subclause (2) amends section 3.4.1 of the Principal Act,
authorising the holder of a venue operator's licence to acquire and
transfer gaming machine entitlements in accordance with Part 4A
of the Principal Act and while holding a gaming machine
entitlement or following the forfeiture of a gaming machine
entitlement under Division 6, 7 or 8 of Part 4A, sell or dispose of
gaming machine equipment with the approval of the Commission
and service, repair or maintain gaming equipment through
persons holding a gaming industry employee's licence.
Subclause (3) inserts a new section 3.4.1(2) into the Principal Act
to provide that a venue operator's licence does not authorise the
licensee to engage in any business by way of manufacture or
supply of gaming machines or restricted components or service,
repair or maintenance of gaming equipment or games.
4
Clause 12 inserts a new section 3.4.1A into the Principal Act, providing that
the granting of a venue operator's licence to a person under Part 4
of Chapter 3 of the Principal Act on or after the commencement
of section 12 of the Gambling Regulation Further Amendment
(Licensing) Act 2008 is not to be taken to be a granting of a
gaming operator's licence or a granting of a gaming licence under
Chapter 4 of the Principal Act.
Clause 13 inserts new sections 3.4.3 to 3.4.3A into the Principal Act.
New section 3.4.3 provides for the application of Part 4 of
Chapter 3 to the gaming operator's licence issued on 14 April
1992 and does not authorise the grant of any further gaming
operator's licence.
New section 3.4.4 provides the authority that is conferred by a
monitoring licence.
New section 3.4.4A provides that the granting of a monitoring
licence to a person on or after the commencement of section 13
of the Gambling Regulation Further Amendment (Licensing)
Act 2008 is not to be taken to be a granting of a gaming
operator's licence or a granting of a gaming licence under
Chapter 4 of the Principal Act.
Clause 14 amends section 3.4.5 of the Principal Act, in relation to the
authority conferred by listing on the Roll.
Subclause (a) inserts a new paragraph (ba) into section 3.4.5 of
the Principal Act, authorising those listed on the Roll to enter into
arrangements with venue operators to service, repair or maintain
gaming equipment through the services of a person holding a
gaming industry employee's licence.
Subclause (b) amends section 3.4.5(f) of the Principal Act,
authorising those listed on the Roll to enter into arrangements
with the wagering and betting licensee to test instruments,
contrivances, hardware, software or equipment referred to in
section 4.2.3 of the Principal Act for the purpose of the issue of
certificates referred to in that section.
Clause 15 amends section 3.4.8(1) of the Principal Act, to provide that only
a person who is not a natural person may apply for venue
operator's licence.
Clause 16 substitutes a new section in place of section 3.4.9 of the Principal
Act, providing that a gaming operator may be granted a venue
operator's licence, however the venue operator's licence does not
take effect until the day after the gaming operator's licence
expires.
5
Clause 17 makes amendments consequential to the amendment made by
clause 15 of the Bill.
Subclause (1) omits "in the case of an applicant that is not a
natural person," from section 3.4.11(2)(b) of the Principal Act.
Subclause (2) repeals section 3.4.24(3)(a)(ii) of the Principal Act.
Clause 18 makes a number of consequential amendments to sections 3.4.12,
3.4.13 and 3.4.25 of the Principal Act, in matters relating to
venue operator's licences.
Subclause (1) inserts a new subparagraph (ba) after section
3.4.12(2)(b) of the Principal Act, to provide that a venue
operator's licence must specify in respect of each premises, the
details that identify gaming machine entitlements held by the
venue operator under which gaming may be conducted at those
premises.
Subclause (2) inserts new subparagraphs (4A) and (4B) after
section 3.4.12(4) of the Principal Act, providing that the
Commission may impose different conditions on a venue
operator's licence and must give written notice to the venue
operator of the conditions.
Subclause (3) amends section 3.4.12(5) of the Principal Act,
increasing the term of a venue operator's licence from 5 years to
10 years.
Subclause (4) makes consequential amendments and inserts a
new subsection (g) into section 3.4.13(2) of the Principal Act, to
provide that the Register of Venue Operators and Approved
Venues must contain information about the details that identify
each gaming machine entitlement held by the venue operator
under which gaming is conducted in each approved venue.
Subclause (4) amends the definition of disciplinary action
contained in section 3.4.25(1) of the Principal Act.
Clause 19 amends the definition of grounds for disciplinary action in
section 3.4.25(1) of the Principal Act to include a contravention
of section 3.2A.2 or 3.2A.6 as grounds for disciplinary action.
Clause 20 substitutes a new section 3.4.26(2) in place of the existing
subsection in the Principal Act and inserts a new section
3.4.26(2A), providing that if a venue operator does not comply
with directions given in a letter of censure, the Commission may
cancel, suspend or vary the conditions of the venue operator's
licence, and/or fine the venue operator.
6
Clause 21 inserts a new section 3.4.27A into the Principal Act, providing
that if a venue operator's licence is suspended or cancelled by the
Commission under section 3.4.25(4) or 3.24.26(2)(a), a gaming
machine entitlement held by that venue operator does not
authorise the conduct of gaming. However, while the venue
operator's licence is suspended, a venue operator may acquire
approved gaming machines and restricted components, possess,
sell or dispose of gaming machine equipment and transfer
gaming machine entitlements.
Clause 22 inserts a new Division 2A into Part 4 of Chapter 3 in the
Principal Act, setting out the provisions for venue operators and
venue agreements.
New section 3.4.28A inserts the definitions of prohibited venue
agreement and reviewable venue agreement.
New section 3.4.28B provides that the Commission may declare
certain agreements to which a venue operator is a party to be a
reviewable venue agreement.
New section 3.4.28C provides that a venue operator must not
enter into or be a party to a prohibited venue agreement.
New section 3.4.28D provides that a prohibited venue agreement
to which a venue operator is party is void.
New section 3.4.28E provides that the Commission may direct a
venue operator to give the Commission a copy of every
reviewable venue agreement specified by the Commission to
which the venue operator is a party.
New section 3.4.28F provides that no compensation is payable by
the State to any person because of the operation of Division 2A.
Clause 23 inserts a new Division 4 in Part 4 of Chapter 3 in the Principal
Act, setting out the provisions for the monitoring licence.
New section 3.4.38 inserts definitions for applicant and
application for the purposes of the Division.
New section 3.4.39 provides for no more than one monitoring
licence to be authorised to operate at any one time.
New section 3.4.40 sets out the conditions that must be met
before the Minister may invite a person to apply for the
monitoring licence.
New section 3.4.41 provides for the Secretary to give a written
report to the Minister on the suitability of a person the Minister is
considering to invite, or has invited, to apply for the monitoring
licence, if requested to do so by the Minister.
7
New section 3.4.42 sets out the requirements that apply to a
person applying for the monitoring licence, where invited to do
so by the Minister. Subsection (1) specifies that if a person
applies for the licence, the person must comply with any
requirements specified by the Minister. Subsection (2) provides
that a licence application must be in the form and accompanied
by any information required by the Minister, and must be lodged
in accordance with any procedural requirements specified by the
Minister. Subsection (3) provides that the Minister may require
the applicant to provide further information. Subsection (4)
provides that the Minister may require any matter in relation to
the application to be verified by statutory declaration.
Subsection (5) requires the Minister to refer each licence
application to the Secretary for a report under section 3.4.43.
Subsection (6) provides that if a requirement of section 3.4.42 is
not complied with, the Minister may refuse to consider an
application or refuse to refer it to the Secretary. Subsection (7)
defines interested person for the purposes of section 3.4.42.
New section 3.4.43 provides for the Secretary to give a written
report to the Minister on each licence application.
New section 3.4.44 provides that the Minister may grant a
monitoring licence only if he or she is satisfied that to do so is in
the public interest. Subsection (2) sets out those matters the
Minister must consider in making a determination as to whether
it is in the public interest to grant or refuse a licence application.
It provides that the Minister may also consider any other matters
the Minister consider relevant. Subsection (3) provides that the
Minister may rely on the report provided by the Secretary under
section 3.4.43, in determining whether to grant a monitoring
licence. Subsection (4) provides that if the Minister refuses a
licence application, the Minister must give the applicant written
notice of the decision.
New section 3.4.45 prohibits improper interference by an
interested person in the making of a recommendation or report
under this Act in relation to an application for a monitoring
licence.
New section 3.4.46 provides for the issuing of a monitoring
licence by the Minister.
New section 3.4.47 provides for the Minister to impose any
conditions he or she thinks fit on a monitoring licence.
New section 3.4.48 provides that the Minister may refuse to issue
a monitoring licence unless the applicant or any other person
requested by the Minister (or both) enters into one or more
8
agreements with the Minister (or a person nominated by the
Minister) dealing with matters related to the monitoring licence.
New section 3.4.49 provides for the Minister to direct a
monitoring licensee to provide, as part of operating and
maintaining an electronic monitoring system for the conduct of
gaming, systems and mechanisms that implement responsible
gambling measures.
New section 3.4.50 provides the monitoring licence is to take
effect at the time of issue or at the later time specified in the
licence, and is valid for a term of 10 years unless otherwise
terminated or extended in accordance with the Act.
New section 3.4.51 provides for the Minister to, on application
by the monitoring licensee after inviting the monitoring licensee
to do so, extend the monitoring licence only once, and for a
period not exceeding 2 years from the day it would otherwise
expire. The section also provides that a monitoring licence
cannot be renewed, but a current or previous monitoring licensee
may apply for a subsequent monitoring licence if invited to so by
the Minister.
New section 3.4.52 provides for the monitoring licensee to take
preparatory action. Subsection (1) provides that the section
applies if the licence is specified to take effect after the issue of
the licence. Subsection (2) provides for the monitoring licence to
authorise the monitoring licensee to take preparatory action from
a time specified in the licence (which may be the time of issue)
even though the licence has not taken effect. Subsection (3)
provides that an authorisation under subsection (2) may specify a
single time from which preparatory action may commence, or
may specify different times from which different kinds of
preparatory action may be taken. Subsection (4) provides that
despite section 3.4.50(a) of the Principal Act, the monitoring
licence is taken to be in effect for the purpose of undertaking
preparatory action under subsection (2) of section 3.4.52.
However, subsection (5) provides that in determining the term of
the licence under section 3.4.50(b) of the Principal Act, no
account is to be had to this section 3.4.52. Subsection (6) defines
current gaming monitoring activities and preparatory action for
the purposes of section 3.4.52.
New section 3.4.53 provides for the publishing and tabling of the
monitoring licence and any agreement referred to in 3.4.48.
Subsection (1) provides that a notice must be published in the
Government Gazette of the issue of the monitoring licence and of
the making of any agreement referred to in section 3.4.48.
Subsection (1) also provides that a copy of the monitoring licence
9
and any agreement referred to in section 3.4.48 must be given to
the Commission and presented to each House of Parliament.
Subsection (2) allows the Minister, before presenting the
documents to each House of Parliament, to exclude information
from the licence or agreement which in the Minister's opinion
relates to business, commercial or financial matters the disclosure
of which would be likely to expose any person unreasonably to
disadvantage. Subsections (3) and (4) require the Commission to
publish a copy of the monitoring licence and any agreement
referred to in section 3.4.48 on its website, however any
information the Minister has excluded under subsection (2) must
be excluded from the copies published on the website.
New section 3.4.54 provides for the monitoring licence to
authorise the monitoring licensee to engage a person on contract,
or to appoint an agent, to assist in the conduct of activities
authorised by the licence.
New section 3.4.55 provides that the monitoring licence is not
transferable to any other person except in accordance with
Division 4 of Chapter 3 of the Principal Act.
New section 3.4.56 sets out the provisions for a monitoring
licensee to apply to the Minister to transfer the monitoring
licence to another person (defined as the transferee).
New section 3.4.57 sets out the conditions that must be satisfied
in order for the Minister to transfer the monitoring licence to the
transferee. Subsection (2) provides that the Minister must be
satisfied that the transferee is either a wholly-owned subsidiary of
the monitoring licensee or that the transferee and the monitoring
licensee are both wholly-owned subsidiaries of a third company,
that the transferee has a physical place of business in Victoria,
that the transferee is not a natural person or a venue operator and
that the transferee will not on becoming the monitoring licensee,
contravene Part 2A of Chapter 3A of the Principal Act.
Subsection (3) provides that the Minister must be satisfied that
the transfer of the monitoring licence is in the public interest, and
specifies the matters the Minister must take into account in
determining this. Subsection (4) provides that the Minister must
be satisfied that the transfer of the licence would not result in the
transferee becoming an associate of the licensee, if the transferee
is not currently an associate (or if the transferee is not currently
approved by the Minster to become an associate) of the
transferee. Subsection (5) provides that the Minister must be
satisfied that the transferee is capable of meeting the obligations
under any agreements referred to in section 3.4.48.
Subsection (6) provides that the Minister may require an
associate of the transferee to provide an irrevocable guarantee
10
and indemnity in respect of the transferee's financial obligations.
Subsection (7) provides the Minister may rely on any reports of
the Commission made under section 3.4.58 in determining
whether to grant an application to transfer a licence.
Subsection (8) provides that if the Minister transfers the
monitoring licence, the transferee becomes the monitoring
licensee and assumes all the obligations and liabilities of the
monitoring licensee under the Act.
New section 3.4.58 provides for the Commission to give a
written report to the Minister on the application to transfer the
monitoring licence, if the Minister has referred to the
Commission such an application.
New section 3.4.59 provides the grounds on which the Minister
may refuse an application to transfer the monitoring licence.
New section 3.4.59A provides for the publishing and tabling of
the transfer of the monitoring licence and of the execution of any
document referred to in section 3.4.59(a) or of the entering into
of any agreement referred to in section 3.4.59(b). Subsection (1)
provides that a notice must be published in the Government
Gazette of the transfer of a monitoring licence and of the
execution of any document referred to in section 3.4.59(a) or of
the entering into of any agreement referred to in section
3.4.59(b). Subsection (1) also provides that a copy of the transfer
of the monitoring licence, any document referred to in section
3.4.59(a) and any agreement referred to in section 3.4.59(b) must
be given to the Commission and presented to each House of
Parliament. Subsection (2) allows the Minister, before presenting
the documents to each House of Parliament, to exclude
information from the transfer, document or agreement which in
the Minister's opinion relates to business, commercial or financial
matters the disclosure of which would be likely to expose any
person unreasonably to disadvantage. Subsections (3) and (4)
require the Commission to publish a copy of the transfer,
document or agreement on its website, however any information
the Minister has excluded under subsection (2) must be excluded
from the copies published on the website.
New section 3.4.59B provides for the monitoring licensee to
request the Minister to amend a monitoring licence.
New section 3.4.59C sets out the provisions for a determination
to amend the monitoring licence. The Minister must consider
whether the amendment is in the public interest in determining
whether or not to make the amendment. The section provides for
the subsequent publication in the Government Gazette of a notice
of the amendment, publishing of the amendment by the
11
Commission on its website and the presenting of the amendment
to each House of Parliament.
New section 3.4.59D provides the grounds for disciplinary action
in relation to the monitoring licence.
New section 3.4.59E sets out the provisions for the Commission
to make or recommend disciplinary action in relation to a
monitoring licence. The section provides that the Commission
may take disciplinary action by issuing a letter of censure to the
licensee or fining the licensee. The Commission may also issue a
written report to the Minister, recommending that the Minister
take disciplinary action.
New section 3.4.59F provides for the Minister to take
disciplinary action in relation to the monitoring licence, by
amending, suspending or cancelling the licence or by requesting
the Commission to consider disciplinary action, as provided for
in section 3.4.59E(3)(a). In taking disciplinary action, the
Minister must take into account whether in his or her opinion
disciplinary action is in the public interest, the Minister may rely
on the Commission's report prepared under section 3.4.59E, and
the Minister is not required to give the licensee a further
opportunity to be heard or make submissions.
New section 3.4.59G provides for the Minister to suspend the
monitoring licence pending criminal proceedings.
New section 3.4.59H provides that the monitoring licence is of
no effect for the purposes of Part 2 of Chapter 3 of the Principal
Act while it is suspended.
New section 3.4.59I provides for the Minister to issue a
temporary monitoring licence and appoint a temporary
monitoring licensee for the period determined by the Minister, in
the event that a monitoring licence (the original licence) is
cancelled or suspended. The section provides the matters the
Minister must be satisfied with before he or she issues a
temporary monitoring licence.
New section 3.4.59J provides for the Commission to give a
written report to the Minister, on request from the Minister, if the
Minister is considering issuing a temporary monitoring licence.
New section 3.4.59K provides for a temporary monitoring
licensee to enter into any arrangements that are approved by the
Minister with the former licensee, and sets out that the former
licensee must make available to the temporary licensee on
reasonable terms any assets and staff of, or under the control of,
the former licensee that are reasonably necessary for arrangement
12
under the temporary monitoring licence. Subsection (4) defines
former licensee for the purposes of this section.
New section 3.4.59L provides for the Minister to extend or
cancel a temporary monitoring licence or to issue a further
temporary monitoring licence and appoint a further temporary
licensee for the period determined by the Minister. A temporary
monitoring licence may only be extended once. The section
provides that the cumulative periods for which a temporary
monitoring licence may be issued or extended cannot exceed
3 years after the day on which the original licence was cancelled,
suspended or extended.
New section 3.4.59M provides for the Secretary to require an
interested person to provide further information in relation to an
application for a monitoring licence. Subsection (4) defines
interested person for the purposes of the section as an applicant
for the monitoring licence, an associate of such an applicant, or a
person who the Secretary considers may become an associate of
such an applicant. The Secretary is required to give any
information provided by an interested person to the Minister, and
may also give the information to the Commission if the Secretary
considers it relevant to an investigation or inquiry by the
Commission in relation to the application for the monitoring
licence.
New section 3.4.59N sets out the requirement for an interested
person, in the context of an application for the monitoring licence
and before the application is granted, to provide written notice to
the Secretary of any changes to further information provided to
the Secretary under section 3.4.59M.
New section 3.4.59O sets out the requirement for an applicant, in
the context of an application for the monitoring licence and
before the application is granted, to provide written notice to the
Minister of any changes to any relevant application information.
Subsection (5) defines relevant application information for the
purpose of the section.
New section 3.4.59P sets out the requirement for the monitoring
licensee, before an application for transfer of the monitoring
licence is granted or refused, to provide written notice to the
Minister of any changes to any relevant information.
Subsection (5) defines relevant information for the purpose of
the section.
13
Clause 24 makes amendments to section 3.4.61 of the Principal Act, in
matters relating to the roll of manufacturers, suppliers and testers.
Subclause (a) amends section 3.4.61(1)(b) of the Principal Act to
provide that a person may apply to the Commission to be listed
on the Roll if the person supplies, or intends to supply, gaming
machines or restricted components to entitlement holders.
Subclause (b) amends section 3.4.61(1)(c) of the Principal Act to
provide that a person may apply to the Commission to be listed
on the Roll if the person supplies or intends to supply testing
services to the wagering and betting licensee, the keno licensee, a
venue operator that holds a gaming machine entitlement or the
monitoring licensee.
Clause 25 inserts a new Part 4A in Chapter 3 of the Principal Act, setting
out the provisions applying to gaming machine entitlements.
New Division 1 of Part 4A provides a requirement to hold
gaming machine entitlements for the conduct of gaming and the
authority conferred by entitlements.
New section 3.4A.1 provides that after the day declared by the
Minister, the conduct of gaming in an approved venue is lawful
only if the venue operator holds a gaming machine entitlement
and the gaming is conducted in accordance with any conditions
to which the gaming machine entitlement is subject. The section
provides that the Minister may declare such a day by notice in the
Government Gazette, may declare different days in relation to
different gaming machine entitlements and may at any time
before a declared day has occurred, substitute a later day to be the
declared day.
New section 3.4A.2 sets out what a gaming machine entitlement
authorises the venue operator that holds the entitlement to do.
A gaming machine entitlement authorises a venue operator to
acquire approved gaming machines and restricted components,
conduct gaming on one approved gaming machine in an
approved venue and do all things necessarily incidental to the
carrying out of these activities. A gaming machine entitlement
does not authorise a venue operator to engage in any business by
way of manufacture or supply of gaming machines or restricted
components, or service, repair or maintenance of gaming
equipment or games.
New Division 2 of Part 4A provides for the making of the
gaming machine entitlement allocation and transfer rules.
14
New section 3.4A.3 provides that the Minister may make rules
for the allocation and transfer of gaming machine entitlements.
New section 3.4A.4 provides that the Minister may direct the
Commission about anything to be determined, applied, dispensed
with or regulated by the Minister or the Commission under the
gaming machine entitlement allocation and transfer rules.
New Division 3 of Part 4A provides for the creation and
allocation of gaming machine entitlements.
New section 3.4A.5 provides for the Minister to create and
allocate gaming machine entitlements, including the allocation of
entitlements forfeited to the State under Division 6, 7 or 8.
The section provides that the Minister may determine the process
for the allocation of entitlements, the payment arrangements for
entitlements, the requirements to be complied with by a person
wishing to participate in the process, the conditions to which
entitlements are subject and the day from which gaming
entitlements take effect.
New section 3.4A.6 provides for the Minister to refuse to allocate
a gaming machine entitlement to a venue operator unless the
operator enters into an agreement that deals with matters related
to the gaming machine entitlement.
New section 3.4A.7 provides for the Minister to determine the
day that gaming machine entitlements take effect and that such
entitlements will be in force for a period of 10 years (unless
terminated earlier or extended), and sets out the provisions for an
extension to the period that an entitlement will remain in force.
The section provides that an entitlement may not be extended for
a period longer than 2 years from the date it would otherwise
expire, and that an entitlement may be extended only once.
New section 3.4A.8 specifies the information about gaming
machine entitlements that the Minister must provide to the
Commission, and provides that the Commission must record the
information in the Register.
New section 3.4A.9 provides for the gaming machine entitlement
to authorise the entitlement holder to take preparatory action.
Subsection (1) provides that the section applies if the entitlement
is specified to take effect after the issue of the entitlement.
Subsection (2) provides for the gaming machine entitlement to
authorise the venue operator that holds the entitlement to take
preparatory action from a time specified in the entitlement
(which may be the time of issue) even though the entitlement has
not taken effect. Subsection (3) provides that an authorisation
under subsection (2) may specify a single time from which
15
preparatory action may commence, or may specify different
times from which different kinds of preparatory action may be
taken. Subsection (4) provides that despite section 3.4A.7(1)(a)
of the Principal Act, the entitlement is taken to be in effect for the
purpose of undertaking preparatory action under subsection (2) of
section 3.4A.9. However, subsection (5) provides that in
determining the term of the entitlement under section
3.4A.7(1)(b) of the Principal Act, no account is to be had to this
section 3.4A.9. Subsection (6) defines preparatory action for the
purposes of section 3.4A.9.
New section 3.4A.10 provides that a venue operator holds a
gaming machine entitlement subject to any power or function of
the State in relation to gaming machine entitlements under the
Principal Act, and subject to any agreement between the
Minister, or a person nominated by the Minister, and the venue
operator under section 3.4A.4.
New section 3.4A.11 applies to gaming machines entitlements
issued to venue operators subject to a geographic area or venue
condition. The section provides that such venue operators have
no entitlement or legitimate expectation that premises will be
approved under Part 3, or any other approval will be given under
the Principal Act, to enable the venue operator to conduct gaming
in the premises.
New Division 4 of Part 4A provides for the amendment of
gaming machine entitlement conditions.
New section 3.4A.12 provides that a venue operator that holds a
gaming machine entitlement may request an amendment to a
geographic area condition or venue condition for a gaming
machine entitlement, and sets out the requirements that a venue
operator must comply with when requesting an amendment.
New section 3.4A.13 sets out the provisions applying to a
Commission decision in response to a request from a venue
operator for an amendment to a geographic area condition or
venue condition for a gaming machine entitlement.
New section 3.4A.14 provides for the Commission to update the
Register to reflect any amendment to a geographic area condition
or venue condition for a gaming machine entitlement.
New Division 5 of Part 4A provides for the transfer of gaming
machine entitlements.
New section 3.4A.15 provides for the payment of a prescribed
file in respect of transfers of gaming machine entitlements.
16
New section 3.4A.16 provides that gaming machine entitlements
cannot be transferred to persons other than venue operators.
New section 3.4A.17 provides that gaming machine entitlements
must be transferred in accordance with the Principal Act and the
gaming machine allocation and transfer rules.
New section 3.4A.18 sets out the provisions that apply if a venue
operator transfers a gaming machine entitlement to another venue
operator before the day that is 6 months after the gaming machine
entitlement declared day that applies to the entitlement.
Subsection (2) provides that if a venue operator transfers a
gaming machine entitlement before this day, the entitlement
holder must pay 50% of the prescribed profit earned by the venue
operator from the transfer to the Treasurer, unless the operator
has been granted an exemption under section 3.4A.19.
New section 3.4A.19 provides that the Treasurer, on the
application of a venue operator, may exempt the operator from
the requirement in section 3.4A.18(2). The section provides the
grounds on which the Treasurer may grant such an exemption.
New section 3.4A.20 provides that amounts paid to the Treasurer
under section 3.4A.18 must be paid out of the Consolidated Fund
(which is appropriated to the necessary extent) into the Hospitals
and Charities Fund.
New Division 6 of Part 4A provides for the forfeiture of gaming
machine entitlements not used for the conduct of gaming.
New section 3.4A.21 provides that in Division 5 of Part 4A,
relevant holding period has the meaning given in section
3.4A.22 of the Principal Act.
New section 3.4A.22 provides a definition for relevant holding
period.
New section 3.4A.23 provides that a venue operator must
commence the conduct of gaming by means of an approved
gaming machine within the relevant holding period.
New section 3.4A.24 provides for a gaming machine entitlement
to be forfeited to the State if gaming is not commenced within the
relevant holding period.
New section 3.4A.25 provides that a venue operator may apply to
the Commission for an extension to the relevant holding period,
and sets out the form of application required and the power of the
Commission to extend the relevant holding period.
17
New Division 7 of Part 4A provides for the forfeiture of gaming
machine entitlements following disciplinary action or surrender
of a venue operator's licence.
New section 3.4A.26 provides for every gaming machine
entitlement held by the venue operator to be forfeited to the State
if the venue operator's licence is cancelled by the Commission,
expires or is surrendered by the venue operator.
New Division 8 of Part 4A provides for the forfeiture of gaming
machine entitlements following default by a venue operator
under a related agreement.
New section 3.4A.27 provides that if a related agreement referred
to in section 3.4A.4 contains a provision for the venue operator to
forfeit a gaming machine entitlement to the State following the
occurrence of specified circumstances, the gaming machine
entitlement is forfeited to the State on the occurrence of those
specified circumstances.
New Division 9 of Part 4A provides for the extinguishment of
interests and rights in gaming machine entitlements.
New section 3.4A.28 provides that on the day a gaming machine
entitlement is forfeited to the State under Division 6, 7 or 8 of
Part 4A, any interest, right or privilege in or to which that
entitlement is subject is extinguished (other than an interest, right
or privilege held by, or granted in favour of, the State).
New section 3.4A.29 provides that no compensation is payable
for such extinguishment.
New Division 10 of Part 4A provides for forfeited gaming
machine entitlements.
New section 3.4A.30 provides that new Division 10 applies to all
gaming machine entitlements forfeited under Division 6, 7, or 8.
New section 3.4A.31 provides for the extinguishment of all
gaming machine entitlement conditions on the forfeiture of a
gaming machine entitlement under Division 6, 7 or 8.
New section 3.4A.32 provides that no compensation is payable
by the State because of the operation of Division 6, 7 or 8, except
as otherwise provided in Division 10.
New section 3.4A.33 provides that on the day a gaming machine
entitlement is forfeited to the State, any amount owed to the State
for the allocation of that gaming machine entitlement to the
venue operator becomes due and payable immediately to the
State.
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New section 3.4A.34 sets out the State's and venue operator's
rights in relation to the proceeds arising from the allocation of a
forfeited gaming machine entitlement.
Clause 26 inserts a new Division 1AA in Part 5 of Chapter 3 of the
Principal Act, providing for the interpretation of Part 5 of
Chapter 3.
New section 3.5.1AA inserts a definition of entitlement holder.
Clause 27 makes a number of consequential amendments to sections 3.5.3,
3.5.5, 3.5.6, 3.5.8, 3.5.9, 3.5.11, 3.5.15, 3.5.20, 3.5.29, 3.5.30 and
3.5.31 in Part 5 of Chapter 3 of the Principal Act, to include
references to entitlement holders.
Clause 28 makes consequential amendments to sections 3.5.12 and 3.5.13 in
Part 5 of Chapter 3 of the Principal Act, to include references to
the monitoring licensee.
Clause 29 inserts a new section 3.5.17B into the Principal Act, providing
that a venue operator who is an entitlement holder must not allow
a game to be played on the venue operator's gaming machine
unless the gaming machine is connected to the monitoring
licensee's approved electronic monitoring system.
Clause 30 amends section 3.6.1(1) of the Principal Act by inserting a
reference to a venue operator who holds a gaming machine
entitlement, so that the provisions in the section regarding how
much gaming operators must return to players also apply to
venue operators who hold a gaming machine entitlement.
Clause 31 inserts new section 3.6.5A into the Principal Act to require venue
operators that hold gaming machine entitlements to pay a
supervision charge to the Commission (to be paid into the
Consolidated Fund). The supervision charge is a tax.
Clause 32 inserts new sections 3.6.6A and 3.6.6B into the Principal Act
that provide for the rate of tax payable by a venue operator to the
Commission.
New section 3.6.6A provides for the calculation of the rate of tax
payable to the Commission by a venue operator for monthly
revenue for gaming machines by means of which gaming is or
may be conducted under gaming machine entitlements in an
approved venue that has a pub licence. The calculation of the
rate of tax is progressive as set out in the Table and is to be
applied to the average monthly revenue per gaming machine
entitlement for the venue. The section provides that the tax is
19
payable within 7 days of the end of the calendar month to which
the tax relates.
New section 3.6.6B provides for the calculation of the rate of tax
payable to the Commission by a venue operator for monthly
revenue for gaming machines by means of which gaming is or
may be conducted under gaming machine entitlements in an
approved venue that has a club licence. The calculation of the
rate of tax is progressive as set out in the Table and is to be
applied to the average monthly revenue per gaming machine
entitlement for the venue. The section provides that the tax is
payable within 7 days of the end of the calendar month to which
the tax relates.
Clause 33 amends section 3.6.11 of the Principal Act to allow payment out
of the Consolidated Fund of an amount equal to the amount of
taxation paid under section 3.6.6A into the Hospital and Charities
Fund and Mental Health Fund. The section is also amended to
provide for payment out of the Consolidated Fund of a specified
amount into the Hospital and Charities Fund and Mental Health
Fund.
Clause 34 amends section 3.6.12 of the Principal Act to allow payment out
of the Consolidated Fund of a specified amount into the
Community Support Fund.
Clause 35 amends section 3.6.10(1) of the Principal Act, providing for
interest to be payable by venue operators that are holders of
gaming machine entitlements on the late payment of amounts
payable to the Commission.
Clause 36 amends section 3.9.5(1) of the Act to insert a new ground of
appeal, providing that a person whose interests are affected by a
decision of the Commission to amend, or refuse to amend, a
geographic area condition or venue condition to which a gaming
machine entitlement is subject, may appeal to the Supreme Court
from the decision on a question of law.
Clause 37 amends 10.4.1(a) of the Principal Act, providing that Division 1
of Part 4 of Chapter 10, which relates to investigations of
application by the Commission, does not apply to an application
for a monitoring licence.
Clause 38 inserts a new function of the Commission in section 10.1.4(2) of
the Principal Act, being to monitor compliance with Part 2A of
Chapter 3, which provides for gaming machine operation
restrictions and prohibited interests in gaming machine
entitlements.
20
Clause 39 amends the definition of gambling authorisation provided in
section 10.4.8 of the Principal Act, to provide that the allocation
of a gaming machine entitlement is a gambling authorisation.
The clause also amends the definition of regulated person in
section 10.4.8, to include an entitlement holder connecting person
as a regulated person. The clause inserts definitions of
entitlement holder connecting person and prescribed
connection.
Clause 40 substitutes a new section 10.4.9(1) of, and inserts a new section
10.4.9(1A) into, the Principal Act, providing that the
Commission may, if it thinks it desirable to do so or is directed to
do so by the Minister, investigate the conduct of operations under
a gambling authorisation or a contravention or possible
contravention of Part 2A of Chapter 3.
Clause 41 inserts new Divisions 1C and 1D in Part 4 in Chapter 10 of the
Principal Act.
New Division 1C of Part 4 of Chapter 10 provides for the
investigation of a person's suitability for an invitation to apply for
a monitoring licence.
New section 10.4.7P inserts definitions for possible invitee,
pending applicant and related party.
New section 10.4.7Q provides for the Secretary to request the
Commission to carry out all investigations and inquiries
necessary to enable the Secretary to report to the Minister on a
possible invitee and for the Minister to properly consider whether
to invite a possible invitee to apply for the monitoring licence or
whether to grant the monitoring licence to a pending applicant
that subsequently applies for the licence.
New section 10.4.7R provides that the Commission may require a
related party who is a natural person to consent to having his or
her photograph, finger prints and palm prints taken by the
Commission. The section provides that the Commission may
only require this if the Commission is satisfied that it is necessary
to do so for the purposes of an investigation or inquiry, or if the
Secretary has requested the Commission to do so. The Secretary
may only make such a request to the Commission if the Secretary
is satisfied that it is necessary for the purposes of the proper
consideration by the Minister of whether to invite the possible
invitee to apply for the monitoring licence or whether to grant the
monitoring licence to a pending applicant that subsequently
applies for the licence.
21
New section 10.4.7S sets out the requirement, where the
Secretary has requested the Commission to carry out an
investigation or inquiry under section 10.4.7Q, for the
Commission to refer to the Chief Commissioner of Police a copy
of the request of the Secretary; any photograph, finger prints and
palm prints obtained under section 10.4.7R; any supporting
documentation; and any other information which the Secretary
has requested that the Commission refer to the Chief
Commissioner of Police. The Chief Commissioner of Police
must inquire into and report to the Commission on any matters
concerning a possible invitee or related party that the
Commission requests.
New section 10.4.7T provides for the Commission, by notice in
writing, to require a possible invitee, pending applicant or related
party to provide further information.
New section 10.4.7U sets out the requirement for a possible
invitee, pending applicant or related party to provide written
particulars of any change to the information provided in response
to the Commission's request for further information under section
10.4.7T, before the Minister decides whether or not to invite the
possible invitee to apply for the monitoring licence or whether to
grant the monitoring licence to a pending applicant that
subsequently applies for the licence.
New section 10.4.7V provides for the Commission, by written
notice, to require a possible invitee to pay to the Commission an
amount determined by the Commission, being an amount not
exceeding the reasonable costs of an investigation under section
10.4.7Q in relation to a possible invitee or pending applicant.
The Commission may require the possible invitee to pay the
amount in instalments and at any time the Commission requires.
New section 10.4.7W provides for the Secretary and the
Commission to enter into an agreement in relation to the
performance of functions by the Commission under Division 1C
of Part 4 of Chapter 10 of the Principal Act.
New section 10.4.7X provides that the Secretary has all the
powers necessary to perform his or her functions under this
Division.
New Division 1D of Part 4 of Chapter 10 provides for the
investigation of applications for the monitoring licence.
New section 10.4.7Y inserts definitions for applicant, application
and interested person.
22
New section 10.4.7Z sets out the requirement for the
Commission, on the written request of the Secretary, to carry out
all investigations and inquiries that the Commission considers
necessary to enable the Secretary to report to the Minister on an
application and for the Minister to consider the application
properly, and to subsequently report to the Secretary on the
results of those investigations and inquiries.
New section 10.4.7ZA provides that the Commission may require
an interested person who is a natural person to consent to having
his or her photograph, finger prints and palm prints taken by the
Commission. The section provides that the Commission may
only require this if the Commission is satisfied that it is necessary
to do so for the purposes of an investigation or inquiry, or if the
Secretary has requested the Commission to do so. The Secretary
may only make such a request to the Commission if the Secretary
is satisfied that it is necessary to do so in order to properly
consider the application.
New section 10.4.7ZB sets out the requirement, where the
Secretary has requested the Commission to carry out an
investigation or inquiry under section 10.4.7Z, for the
Commission to refer to the Chief Commissioner of Police a copy
of the request of the Secretary; any photograph, finger prints and
palm prints obtained under section 10.4.7ZA; any supporting
documentation; and any other information which the Secretary
has requested that the Commission refer to the Chief
Commissioner of Police. The Chief Commissioner of Police
must inquire into and report to the Commission on any matters
concerning the application that the Commission requests.
New section 10.4.7ZC provides for the Commission, by notice in
writing, to require an interested person to provide further
information.
New section 10.4.7ZD sets out the requirement for an interested
person to provide written particulars of any change to the
information provided in response to the Commission's request for
further information under section 10.4.7ZC, where the change
has occurred prior to an application being granted.
New section 10.4.7ZE provides for the Commission, by written
notice, to require an applicant to pay to the Commission an
amount determined by the Commission, being an amount not
exceeding the reasonable costs of an investigation under section
10.4.7Z in relation to the application. The Commission may
require the applicant to pay the amount in instalments and at any
time the Commission requires.
23
New section 10.4.7ZF provides for the Secretary and the
Commission to enter into an agreement in relation to the
performance of functions by the Commission under this Division
1D of Part 4 of Chapter 10.
New section 10.4.7ZG provides that the Secretary has all the
powers necessary to perform his or her functions under this
Division 1D of Part 4 of Chapter 10.
Clause 42 makes consequential amendments to sections 10.4.7I, 10.4.11(7)
and 10.5.1(2)(a)(vii) of the Principal Act, relating to the
investigation of licence transfers.
Subclause (1) amends the definitions for relevant licence,
temporary licence, temporary licensee and transferee in section
10.4.7I to include references to the monitoring licence and
monitoring licensee.
Subclause (2) amends the definition of regulated person in
section 10.4.11(7) to include the monitoring licensee as a
regulated person.
Subclause (3) amends section 10.5.1(2)(a)(vii) of the Principal
Act to include in the persons that the Executive Commissioner
cannot appoint as an inspector a person who is or who has been at
any time during the previous 4 years employed or significantly
associated with the monitoring licensee or a public lottery
licensee.
Clause 43 amends the proposed section 3.1.6(1) in section 12.1.5 of the
Principal Act to provide that the provisions of Chapter 3 relating
to gaming machine entitlements apply to tabaret premises as if
they were premises in respect of which a pub licence were in
force.
PART 3--BETTING EXCHANGES, WAGERING AND
BETTING AND SIMULATED RACING EVENTS
Clause 44 inserts definitions for betting contract and betting exchange in
section 1.3(1) of the Principal Act, and repeals the definitions of
betting exchange and wagering contract in section 2.5.19A of
the Principal Act.
Clause 45 amends section 1.4 of the Principal Act to provide that the
definition of associate in section 1.4 does not apply for the
purposes of Division 6A of Part 3A of Chapter 4 (Betting
Exchanges).
24
Clause 46 amends section 2.4.2(d) of the Principal Act to provide that any
bet or wager made with a licensee under Chapter 4 is not voided
by section 2.4.1.
Clause 47 inserts a new Division 4A into Part 5 of Chapter 2 of the
Principal Act in relation to the legality of betting exchanges.
New clause 2.5.14A provides that subject to section 4.2.1A, a
person must not conduct a betting exchange.
New clause 2.5.14B provides for the avoidance of doubt that it is
lawful for a person to offer or accept a bet by way of a betting
exchange conducted by the wagering and betting licensee in
accordance with its wagering and betting licence, or conducted,
in accordance with the law of another State or a Territory, by a
person from a telecommunications device situated outside
Victoria.
Clause 48 inserts in section 4.1.1 of the Principal Act a new purpose of
Chapter 4 of the Principal Act, being to provide for the wagering
and betting licensee to conduct a betting exchange.
Clause 49 inserts in section 4.1.2 of the Principal Act definitions for
approved simulated racing event, betting exchange commission,
brokered betting event and registered player.
Clause 50 inserts a new section 4.2.1A in the Principal Act to provide that
the conduct of a betting exchange from a telecommunication
device is lawful when conducted in accordance with the Principal
Act and the wagering and betting licence.
Clause 51 inserts a new section 4.2.4A of the Principal Act, providing for
the operation of betting exchanges in accordance with betting
exchange rules. Subsection (1) provides that a wagering and
betting licensee must not operate a betting exchange unless there
are in force betting exchange rules which apply to that betting
exchange. Subsections (2) to (6) provide that a wagering and
betting licensee must make betting exchange rules, and provides
what those rules must contain. Subsection (7) provides that
betting exchange rules which are in force when a bet is made
form part of the contract between the wagering and betting
licensee and the registered player. Subsection (8), when read
with the definition of brokered betting event, provides that in the
case of a brokered betting event in respect of which persons offer
or accept bets by way of a betting exchange conducted by the
wagering and betting licensee, the laws of Victoria govern the
contract between the licensee and the registered player.
Subsection (9) provides that the betting exchange rules must be
25
made available on the wagering and betting licensee's Internet
site.
Clause 52 amends section 4.2.6 of the Principal Act to provide that the
provisions regarding the disallowance of betting rules also apply
to betting exchange rules.
Clause 53 inserts a new section 4.2.7 in the Principal Act, providing that if
the Commission disallows a betting exchange rule under which
bets have been accepted, the Commission may direct the
wagering and betting licensee to settle or deal with those bets in a
matter directed by the Commission.
Clause 54 inserts a new Division 3 in Part 2 in Chapter 4 of the Principal
Act, setting out the provisions applying to the conduct of
wagering and betting.
New section 4.2.8 provides that a wagering and betting must not
accept, or authorise an agent to accept, wagers on wagering
events and bets on approved betting competitions conducted by
the licensee that are not in accordance with the distribution
arrangements authorised under the licence.
New section 4.2.9 provides for the wagering and betting licensee
to accredit agents of the licensee to accept wagers on wagering
events or bets on approved betting competitions, and requires the
wagering and betting licensee to give the Commission the names
and addresses of agents accredited by the licensee and of any
other agents and contractors to be used by the licensee in
conducting wagering and approved betting competitions.
The wagering and betting licensee must also give the
Commission a copy of any agreement the wagering and betting
licensee enters into with such agents.
New section 4.2.10 provides for the Commission to investigate
complaints relating to the conduct of wagering or an approved
betting competition by the wagering and betting licensee.
New section 4.2.11 provides for the Commission to direct the
wagering and betting licensee to terminate an agreement the
licensee has with an agent, if the Commission is of the opinion
that one of the events described in subsection (1) of that section,
relating to the conduct of an agent, has occurred.
Clause 55 amends section 4.3A.1(b) of the Principal Act, to include the
conduct of approved simulated racing events and a betting
exchange as activities which a wagering and betting licensee is
authorised to conduct.
26
Clause 56 amends section 4.3A.31(4) of the Principal Act, so that the
section provides for the Minister's determination as to whether to
issue a temporary wagering and betting licence.
Clause 57 inserts new Divisions 6A, 6B and 6C in Part 3A of Chapter 4 of
the Principal Act, setting out further provisions applying to the
wagering and betting licence.
New Division 6A of Part 3A of Chapter 4 sets out the provisions
applying to betting exchanges.
New section 4.3A.34A inserts definitions for approved non-
Victorian telecommunication device, associate, competitor,
controlling body, direct participant, exclusion order, indirect
participant and official for the purpose of Division 6A.
New section 4.3A.34B provides that the wagering and betting
licensee may apply to the Commission for the Commission to
approve a telecommunications device situated outside Victoria.
New section 4.3A.3C provides that the wagering and betting
licensee must not enable persons to offer or accepts bets by way
of a betting exchange on a horse race, harness race, greyhound
race or other competition or event unless the licensee has the
written consent of the controlling body of that race or event and
has given a copy of that consent to the Commission.
New section 4.3A.34D provides that the wagering and betting
licensee must not conduct a betting exchange by way of a
telecommunication device that is not situated in Victoria unless
that device has been approved.
New section 4.3A.34E provides that the Commission or a
controlling body for a brokered betting event may request the
wagering and betting licensee to provide information for the
purpose of ensuring the probity of brokered betting events, or for
any other purpose determined by the Commission or controlling
body.
New section 4.3A.34F provides that the wagering and betting
licence must comply with a notice under section 4.3A.34E.
New section 4.3A.34G provides that the wagering and betting
licensee must not enable a person to offer or accept a bet by way
of a betting exchange unless the person is a registered player, and
must not solicit a person who is the subject of an exclusion order
to offer or accept a bet through a betting exchange of the
licensee. The section also provides that the licensee must
immediately inform the Commission if the licensee reasonably
suspects that a person has offered or accepted, or is trying to offer
27
or accept, a bet of the kind referred to in section 4.3A.34H,
4.3A.3I or 4.3A.34J.
New section 4.3A.34H provides that a person must not place or
accept a bet through a betting exchange if the person is a direct
participant in the brokered betting event to which the bet relates.
New section 4.3A.34I provides that a person who is a direct or
indirect participant in a brokered betting event, or an associate of
a such a participant, must not offer or accept a bet through a
betting exchange, if the bet could reasonably be taken to
constitute an inducement for a human competitor or an official in
the event to take one of the actions described in the section,
which relate to not participating in the event or interfering with
the event (in the case of a competitor), not officiating the event
impartially (in the case of an official), or committing an offence
against section 4.7.5 of the Principal Act.
New clause 4.3A.34J provides that the owner of a horse must not
offer or accept a bet through a betting exchange, in relation to a
race or event in which the horse is competing or entered to
compete, that the horse will fail to win certain places in the race.
New clause 4.3A.34K provides that the owner of a greyhound
must not offer or accept a bet through a betting exchange, in
relation to a race or event in which the greyhound is competing
or entered to compete, that the greyhound will fail to win certain
places in the race.
New Division 6B of Chapter 4 sets out the provisions applying to
registered players.
New clause 4.3A.34L provides that the wagering and betting
licensee must not register a person as a registered player unless
the player's identity has been properly verified.
New clause 4.3A.34M provides that the wagering and betting
licensee must hold all wagering funds of a registered player on
trust for the registered player, and provides how those funds must
be dealt with.
New clause 4.3A.34N provides that on written request of the
Commission or a controlling body for a brokered betting event,
the wagering and betting licensee must provide to the
Commission with a list of registered players, and provide the
controlling body with a list of registered players who have
offered of accepted bets by way of a betting exchange in respect
of that brokered betting event.
New Division 6C of Chapter 4 sets out the provisions applying to
approved simulated racing events.
28
New section 4.3A.34O provides that a wagering and betting
licensee must not accept bets on approved simulated racing
events that are not in cash or by cheque.
New section 4.3A.34P provides that a wagering and betting
licensee must only pay winnings on approved simulated racing
events in cash or by cheque.
Clause 58 inserts a definition for simulated racing event in section 4.5.1 of
the Principal Act.
Clause 59 inserts a new Division 3A in Part 5 of Chapter 4 of the Principal
Act, setting out the provisions for the approval of simulated
racing events.
New section 4.5.11A provides for the Commission to approve a
particular simulated racing event or class of simulated racing
event for betting purposes, and approve a betting competition on
that event or class, on any conditions the Commission thinks fit.
New section 4.5.11B provides what the Commission must
consider when approving simulated racing events.
New section 4.5.11C provides that the Commission must cause
notice to be published in the Government Gazette of an approval
of a simulated racing event or class of simulated racing event,
any conditions imposed on an approval and the variation or
revocation of an approval.
New section 4.5.11D provides that the Commission may at any
time vary or revoke an approval.
New section 4.5.11E provides that Division 3A in Part 5 of
Chapter 4 is not taken to limit the Minister's powers in relation to
keno games under Part 2A of Chapter 6A.
Clause 60 inserts a new section (1A) into section 4.6.3 of the Principal Act
that provides for the wagering and betting licensee to pay a
wagering tax to the Treasurer equal to 7.6% of the commission
under section 4.6.1.
Clause 61 amends section 4.6.6 of the Principal Act to provide for tax on
approved betting competitions.
New subsection (2A) is inserted that provides for a wagering and
betting licensee to pay to the Treasurer a tax equal to 4.38% of
the net investment in approved betting competitions at fixed
odds.
New subsection (2B) is inserted that provides for a wagering and
betting licensee to pay to the Treasurer a tax equal to 7.6% of the
commission under section 4.6.4.
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Clause 62 inserts new Divisions 2A and 2B into Part 6 of Chapter 4.
New Division 2A (new section 4.6.6A) provides for the wagering
and betting licensee to pay to the Treasurer a tax equal to 10.91%
of the net investment in approved simulated racing events.
The section provides that payment is to be made within 14 days
after the approved simulated racing event and also provides for
interest at the rate of 20% per annum on any overdue amount of
tax.
New Division 2B (new section 4.6.6B) provides for the wagering
and betting licensee to pay to the Treasurer a tax equal to 10% of
all betting exchange commissions earned by the licensee each
month. The section provides that payment is to be made within
14 days after the betting exchange commissions are earned and
also provides for interest at the rate of 20% per annum on any
overdue amount of tax.
PART 4--OTHER AMENDMENTS
Division 1--Gaming machine advertising prohibitions and
restrictions
Clause 63 inserts new sections 3.5.34AA and 3.5.34AB in the Principal Act
providing for the prohibition on publishing gaming machine
advertising.
New section 3.5.34AA provides for a prohibition on publishing
gaming machine advertising by venue operators and casino
operators. Subsections (1), (2), (3) and (4) provide that a venue
operator or casino operator or a person on behalf of a venue
operator or casino operator must not publish or cause to be
published any gaming machine advertising outside the gaming
machine area of an approved venue (in the case of a venue
operator) or the boundaries of a casino (in the case of a casino
operator). Subsection (5) provides an exemption to the
prohibition in subsections (1), (2), (3) and (4), providing that a
loyalty scheme provider may disseminate gaming machine
advertising to a participant in that loyalty scheme and providing
that a venue operator, casino operator or a person on behalf of a
venue operator or casino operator may disseminate gaming
machine advertising to a person who has requested it in writing.
Subsection (6) provides that nothing in section 3.5.34AA
prohibits the publication of: any notice or information that is
required by the Act or the Commission; any notice, information
or gaming machine advertising that is on a gaming machine
related sign permitted under section 3.5.35; or advertising that
contains any prescribed term, express, symbol or other thing.
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Subsection (7) provides that the section prevails over the
Business Names Act 1962. Subsections (8) and (9) insert
definitions for gaming machine advertising and publish for the
purpose of section 3.5.34AA.
New clause 3.5.34AB provides for a prohibition on publishing
gaming machine advertising by gaming operators.
Subsections (1) and (2) provide that a gaming operator or a
person on behalf of a gaming operator must not publish or cause
to be published any gaming machine advertising outside the
gaming machine area of an approved venue. Subsection (3)
provides an exemption to the prohibition in subsections (1) and
(2), providing that a loyalty scheme provider may disseminate
gaming machine advertising to a participant in that loyalty
scheme and providing that a gaming operator or a person on
behalf of a gaming operator may disseminate gaming machine
advertising to a person who has requested it in writing.
Subsection (4) provides that nothing in section 3.5.34AB
prohibits the publication of: (a) any notice or information
required by the Act or the Commission to be published; or
(b) any notice or information or gaming machine related
advertising that is on a gaming machine related sign permitted
under section 3.5.35; or (c) any advertising published by or on
behalf of a gaming operator in relation to that part of the
operator's business not associated with the conduct of gaming.
Subsection (5) provides that the section prevails over the
Business Names Act 1962. Subsection (6) inserts definitions
for gaming machine advertising and publish for the purpose
of section 3.5.34AB.
Clause 64 inserts consequential amendments to sections 3.5.34 of the
Principal Act in relation to gaming machine advertising.
Subclause (1) amends the heading of section 3.5.34 so that the
new heading is "Prohibition on publishing gaming machine by
others".
Subclause (2) amends section 3.5.34 of the Principal Act to
provide that the section does not apply to a venue, casino or
gaming operator, or a person acting on behalf of a venue, casino
or gaming operator.
Subclause (3) increases the amount of the penalty for
contravening sections 3.5.34(1) and 3.5.34(2), so that the penalty
for contravening these sections is the same as the penalty for
contravening new sections 3.5.34AA and 3.5.34AAB.
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Division 2--Trade promotion lotteries
Clause 65 substitutes a new sections 5.7.2(2) and 5.7.5(2) of the Principal
Act, providing what the conditions of entry to, or the manner of
participation in, a trade promotion lottery must not contain.
Clause 66 inserts new section 5.7.16AA, which provides definitions for
gaming machine play restriction, publish and trade promotion
lottery advertising for the purpose of Division 4 of Part 7 of
Chapter 5 of the Principal Act.
Clause 67 inserts new section 5.7.16A of the Principal Act, to provide that a
gaming operator must not conduct a trade promotion lottery in
relation to that part of the operator's business associated with the
conduct of gaming.
Clause 68 inserts new sections 5.7.18A and 5.7.18B in the Principal Act,
providing conditions on trade promotion lotteries.
New section 5.7.18A provides that if a venue operator or a casino
operator conducts a trade promotion lottery under which an
entrant is required to incur an expense per entry into the lottery,
the operator must include in any advertisement for the lottery the
gaming machine play restrictions that apply to that trade
promotion lottery.
New section 5.7.18B provides that the Commission may
determine the manner in which gaming machine play restrictions
that apply to a trade promotion lottery must be displayed in any
advertisement for the lottery.
Division 3--Keno licence and keno games
Clause 69 substitutes the definition of keno game in section 1.3 of the
Principal Act with a new definition.
Clause 70 makes consequential amendments to sections 6A.2.4 and 6A.3.1
of the Principal Act, relating to the keno licence.
Subclause (1) substitutes a new section 6A.2.4(3) in the Principal
Act, setting out the requirement for information about an agent or
contractor of the keno licensee to be given to the Commission.
Subclause (2) amends section 6A.3.1 of the Principal Act, so that
only the keno licensee, and not an agent of the keno licensee, is
authorised to conduct keno games.
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Clause 71 inserts a new section 6A.2.4A in the Principal Act, providing that
the Commission may direct the keno licensee to terminate an
agreement the licensee has with an agent, if the Commission is of
the opinion that one of the events described in subsection (1),
relating to the conduct of an agent, has occurred.
Clause 72 inserts a new Part 2A in Chapter 6A of the Principal Act,
providing for the approval of games as keno games.
New section 6A.2A.1 provides that the Minister may approve a
game as a keno game and sets out the criteria the Minister must
consider in determining whether to approve a game as a keno
game.
New section 6A.2A.2 provides the Minister must cause a notice
to be published in the Government Gazette of the approval of a
game as a keno game, the imposition of a condition on an
approval and the variation or revocation of an approval.
New section 6A.2A.3 provides that the Minister may vary or
revoke an approval of a game as a keno game.
New section 6A.2A.4 provides that an approval of a keno game
does not limit the Commission's power to approve simulated
racing events under Division 3A of Part 5 of Chapter 4.
Clause 73 amends section 6A.3.31(4), so that the section provides for the
Minister's determination as to whether to issue a temporary keno
licence.
Division 4--Savings and transitionals
Clause 74 inserts a new transition provision, inserting a new clause
15.1(2A) in Part 15 of Schedule 7 to the Principal Act to provide
that clause 15.1(2) in Part 15 of Schedule 7 expires on the day the
wagering licence expires.
Clause 75 inserts new transitional arrangements, inserting a new Part 22 of
Schedule 7 to the Principal Act relating to venue operator's
licences, gaming machine advertising and signs and approved
betting competitions.
New clause 22.1 of Part 22 of Schedule 7 provides that on the
transition day, a venue operator's licence that is in force
immediately before the transition day (an existing licence) is
deemed to have been granted for a term of 10 years from the date
the existing licence was granted. The section defines transition
day as the day on which section 18(3) of the Gambling
Regulation Amendment (Licensing) Act 2009 comes into
operation.
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New clause 22.2 of Part 22 of Schedule 7 provides that an event
that is the subject of an approval referred to in clause 15.1, and is
an event or class of event or related to a sport referred to in
Table 1 of this clause 22.2, is taken, after the commencement
day, to be a sports betting event for the purposes of Part 5 of
Chapter 4 of the Principal Act.
Clause 76 inserts new transitional arrangements into Part 22 of Schedule 7
to the Principal Act in relation to gaming machine advertising
prohibition amendments being made by clauses 63 and 64.
Clause 77 inserts new transitional arrangements into Part 22 of Schedule 7
to the Principal Act in relation to amendments being made to the
trade promotion lottery provisions in the Principal Act by
Division 2 of Part 4 of this Bill.
Division 5--Miscellaneous
Clause 78 makes statute law revision amendments to the definition of
Register in section 1.3(1) of the Principal Act and to the heading
in section 3.2.24 of the Principal Act.
PART 5--REPEAL OF AMENDING ACT
Clause 79 provides for the automatic repeal of this Act on 1 January 2011.
The repeal of this Act does not affect in any way the operation of
the amendments made by this Act (see section 15(1) of the
Interpretation of Legislation Act 1984).
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