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Gambling Regulation Further
Amendment Bill 2009
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purpose of the Bill. The purpose of the Bill is to
make miscellaneous amendments to the Gambling Regulation
Act 2003 to improve the operation of that Act.
Clause 2 sets out when the provisions of the Bill come into operation.
Subclause (1) provides that, subject to subsection (2), this Act
come into operation on a day or days to be proclaimed.
Subclause (2) provides that, if the Act does not come into
operation before 1 September 2012, then it comes into operation
on that day. The forced commencement date in subsection (2) is
due to the fact that under the Principal Act, the new structure of
the gaming industry will not commence until 2012. As many of
the provisions in this Act relate to the new structure of the
gaming industry, those provisions cannot come into operation
until that time.
Clause 3 provides that, in the Act, the Gambling Regulation Act 2003 is
called "the Principal Act".
PART 2--GAMING MACHINE AND GAMING MACHINE
ENTITLEMENT-RELATED AMENDMENTS
Clause 4 inserts into and makes amendments to the definitions in
section 1.3 of the Principal Act.
Subclause (1) substitutes a new definition of gaming equipment
for the existing definition of gaming equipment.
561347 1 BILL LA INTRODUCTION 13/8/2009
Subclause (2) substitutes a new definition of regional limit for
the existing definition of regional limit.
Subclause (3) inserts definitions for monitoring equipment,
restricted gaming component and restricted monitoring
component.
Subclause (4) repeals the definition of restricted component.
Clause 5 inserts new section 3.1.1(2) in the Principal Act, to extend the
purposes of Chapter 3 to include--
(a) providing for the allocation of gaming machine
entitlements in order to maximise the financial and social
benefits to the Victorian community within the regulatory
framework applying to the allocation of entitlements; and
(b) promoting a competitive gaming industry with the aim of
providing financial and social benefits to the Victorian
community.
Clause 6 amends section 3.1.4(1) of the Principal Act, to provide that in
Chapter 3, a reference to the conduct of gaming also includes the
operation of jackpots.
Clause 7 inserts a new section 3.1.4A in the Principal Act, providing that a
reference to the conduct of monitoring in Chapter 3 is a
reference to an activity referred to in section 3.4.4.
Clause 8 amends section 3.2.2 of the Principal Act, to provide for the sale
or disposal of gaming machines or gaming equipment by a
person who was the holder of a gaming operator's licence or a
gaming licence and by a venue operator.
Subclause (1) inserts new sub-sections (2A), (2B) and (2C),
setting out the circumstances under which the Commission may
authorise the sale or disposal of gaming machines or gaming
equipment.
Subclause (2) makes consequential amendments in
section 3.2.2(3).
Subclause (3) inserts a new section 3.2.2(5) containing a
definition for relevant event for the purposes of section 3.2.2.
Clause 9 makes consequential amendments to section 3.2.3(1)(g) of the
Principal Act.
2
Clause 10 substitutes a new section 3.2.4 for the existing section 3.2.4 in the
Principal Act, which provides that the Minister may determine
regions in the State for the purposes of Chapter 3.
Clause 11 amends section 3.2A.7(1) of the Principal Act, relating to
prohibited interests in gaming machine entitlements.
Subclause (1) amends section 3.2A.7(1) of the Principal Act to
provide that it is unlawful for an entitlement holder to hold a
prohibited number of hotel gaming machine entitlements or club
gaming machine entitlements on and after a day declared by the
Minister under subsection (1A).
Subclause (2) inserts new subsections (1A) and (1B) after section
3.2A.7(1), providing for the Minister to declare a day on and
after which it will be unlawful for an entitlement holder to hold a
prohibited number of hotel gaming machine entitlements or club
gaming machine entitlements.
Clause 12 amends section 3.3.4 of the Principal Act, relating to an
application for approval of premises.
Subclause (1) amends section 3.3.4(1) to provide that the owner
of premises or a person authorised by the owner may apply to the
Commission for the approval of the premises as suitable for
gaming, subject to section 3.3.5.
Subclause (2) amends section 3.3.4(3) to provide further matters
that must be included in an application under section 3.4.4(1).
Clause 13 substitutes a new section 3.3.5 for the existing section and inserts
a new section 3.3.5A in the Principal Act.
Substitute section 3.3.5 provides that the owner of the premises
or a person authorised by the owner, must give the relevant
responsible authority under the Planning and Environment Act
1987 a copy of the proposed application before applying under
section 3.3.4 for the approval of the premises as suitable of
gaming. The relevant responsible authority is required to notify
the Commission whether it intends to make a submission under
section 3.3.6.
New section 3.3.5A provides that the applicant cannot change the
number, stated in the application, of gaming machines sought to
be permitted in the premises for gaming once the first 30 days
after giving the relevant responsible authority a copy of the
proposed application elapse.
3
Clause 14 amends section 3.3.6 of the Principal Act.
Subclause (1) amends section 3.3.6(1) to provide that a
submission by the relevant responsible authority to the
Commission on an application for the approval of premises is
subject to section 3.3.6.
Subclause (2) substitutes new subsections (3), (4) and (5) for
section 3.3.6(3), providing for the time periods in which a
responsible authority may make a submission to the Commission.
Clause 15 repeals section 3.3.7(4) of the Principal Act.
Clause 16 inserts new subsections (1A) and (1B) after section 3.3.8(1) of
the Principal Act, providing for the time periods in which the
Commission must determine an application for the approval of
premises.
Clause 17 inserts a new section 3.3.15A in the Principal Act, providing that
only one venue operator may conduct gaming in each approved
venue.
Clause 18 substitutes a new section 3.4.1(ac) of the Principal Act for the
existing section, providing that the holder of a venue operator's
licence can sell or dispose of a gaming machine or gaming
equipment acquired for the purpose of use in an approved venue
operated by the venue operator, while the venue operator holds a
gaming machine entitlement or under an authorisation under
section 3.2.2A.
Clause 19 amends section 3.4.4(1) of the Principal Act.
Subclause (1) amends section 3.4.4(1)(b) of the Principal Act to
insert "and monitoring equipment" after "electronic monitoring
system" (where first occurring).
Subclause (2) inserts a new section 3.4.4(1)(ca) in the Principal
Act, providing the monitoring licence authorises the monitoring
licensee to provide, in accordance with a direction under section
3.4.49 (if any), systems and mechanisms that implement
responsible gambling measures for the conduct of gaming.
Clause 20 inserts section 3.4.5(fa) of the Principal Act to provide that that a
person listed on the Roll may also enter into arrangements with
the keno licensee, the holder of a public lottery licence and the
monitoring licensee to test instruments, contrivances, hardware,
software or equipment referred to in section 3.5.13, 5.2.1A or
6A.2.5 of the Principal Act for the purposes of the issue of
certificates referred to in that section.
4
Clause 21 substitutes new sections 3.4.18(2) and (2A) for the existing
section 3.4.18(2) in the Principal Act.
New section 3.4.18(2) provides what the venue operator must
give to the municipal council of the municipal district in which
the approved venue is located a copy of a proposed amendment if
an amendment proposed by a venue operator is to increase the
number of gaming machines permitted in an approved venue.
New section 3.4.18(2A) provides the time period in which a
municipal council must notify the Commission as to whether it
intends to make a submission under section 3.4.19 in respect of
any request to which the proposed amendment relates.
Clause 22 inserts a new section 3.4.18A in the Principal Act, providing that
a venue operator who has requested an amendment to licence
conditions to increase the number of gaming machines permitted
in an approved venue cannot change the number stated in the
request once the first 30 days after giving a copy of the proposed
amendment to the municipal council elapse.
Clause 23 amends section 3.4.19 of the Principal Act, to provide for the
consideration by the Commission of a submission by a municipal
council in relation to a request by a venue operator for an
amendment of its licence conditions and the time periods in
which the municipal council may make a submission.
Clause 24 inserts new subsections (2A) and (2B) after section 3.4.20(2) of
the Principal Act, providing for the time periods in which the
Commission must determine a request by a venue operator for an
amendment of its licence conditions to increase the number of
gaming machines permitted at an approved venue.
Clause 25 inserts a new section 3.4.28AA in the Principal Act, providing
that Division 2A of Part 4 of Chapter 3 of the Principal Act,
which provides for venue agreements which are reviewable by
the Commission and venue agreements which are prohibited,
does not apply to a venue operator who is a casino operator.
Clause 26 amends section 3.4.41 of the Principal Act.
Subclause (1) substitutes a new section 3.4.41(1) for the existing
section, providing that if requested by the Minister, the Secretary
must give a written report to the Minister in relation to a person
the Minister is considering to invite to apply for the monitoring
licence.
Subclause (2) repeals section 3.4.41(2).
5
Clause 27 inserts a new section 3.4.41A in the Principal Act, providing that
the Secretary must obtain the written consent of possible invitees,
pending applicants for the monitoring licence and other persons
the Secretary consider relevant, for the purpose of preparing a
report under sections 3.4.41 or 3.4.43 of the Principal Act and for
the purpose of investigation and inquiries to be carried out under
Division 1C of Part 4 of Chapter 10 of the Principal Act.
Clause 28 inserts definitions for monitoring services and monitoring
services provider in section 3.4.38 of the Principal Act.
Clause 29 substitutes a new heading for the existing heading to section
3.4.48 of the Principal Act.
Clause 30 inserts new sections 3.4.48A to 3.4.48E after section 3.4.48 of the
Principal Act.
New section 3.4.48A provides that the Minister may direct the
monitoring licensee to enter into an agreement or class of
agreements dealing with matters relating to the monitoring
licence, with the Minister or a person or a class of persons
specified by the Minister. This clause enables the Minister to
direct the monitoring licensee to enter into agreements with
venue operators. The monitoring licensee must given a copy of
any such agreement to the Commission.
New section 3.4.48B provides that no compensation is payable
by the State because of a direction under section 3.4.48A or the
entering into an agreement in compliance with a direction under
section 3.4.48A.
New section 3.4.48C limits the monitoring licensee's liability in
the provision of monitoring services and provides when the
monitoring licensee's liability is not limited.
New section 3.4.48D provides that an agreement referred to in
section 3.4.48 or 3.4.48A must provide for the kinds of damages
determined by the Minister under section 3.4.48F.
New section 3.4.48E provides that the Minister, after consulting
with the Treasurer, may determine the kinds of damages that
must be provided for under an agreement referred to in section
3.4.48 or 3.4.48A.
Clause 31 makes consequential amendments to section 3.4.54(2) of the
Principal Act.
Clause 32 inserts a new subsection (1A) after section 3.4.59B(1) of the
Principal Act, setting out the circumstances in which the Minister
may refuse to consider a request for a licence amendment.
6
Clause 33 amends section 3.4.59C of the Principal Act to provide for the
Minister to make an amendment to the monitoring licence by
giving the monitoring licensee written notice of the decision.
Clause 34 substitutes a new section 3.4.59G(1) of the Principal Act for the
existing section, providing the circumstances where the Minister
may suspend the monitoring licensee.
Clause 35 amends section 3.4.59I of the Principal Act.
Subclause (1) amends section 3.4.59I(1) of the Principal Act,
providing that the Minister's ability to issue a temporary
monitoring licence is subject to section 3.4.59(1A).
Subclause (2) inserts new section 3.4.59I(1A), providing that the
Minister may, in accordance with section 3.4.59I(2A), issue a
temporary monitoring licence and appoint a temporary
monitoring licensee for a period of 90 days.
Subclause (3) substitutes a new section 3.4.59I(2) and
3.4.59I(2A) for the existing section 3.4.59I(2), providing the
circumstances in which the Minister may issue a temporary
monitoring licence under subsections (1) and (1A).
Subclause (4) amends section 3.4.59I(3), providing that the
Minister's ability to issue a temporary monitoring licence on the
terms and conditions it thinks fit is subject to sections
3.4.59I(1A) and 3.4.59I(2A).
Subclause (5) makes consequential amendments to
section 3.4.59I(4).
Subclause (6) inserts new subsection (5) after section 3.4.59I(4).
New subsection (5) provides that in considering whether to issue
a temporary monitoring licence under section 3.4.59I(1A), the
Minister may consult any person the Minister considers
appropriate and is entitled to rely on any findings or
recommendations contained in the report of the Commission
under section 3.4.59JA.
Clause 36 makes consequential amendments to section 3.4.59J of the
Principal Act.
Clause 37 inserts a new section 3.4.59JA in the Principal Act, providing that
if the Minister is considering issuing a temporary monitoring
licence under section 3.4.59I(1A), the Minister may request the
Commission to give a preliminary written report to the Minister.
7
Clause 38 amends section 3.4.59L(1) and inserts new section 3.4.59L(1A)
in the Principal Act.
Section 3.4.59L(1) is amended to provide that the section, which
provides for the extension and cancellation of a temporary
monitoring licence, is subject to section 3.4.59L(1A).
New section 3.4.59L(1A) provides that a temporary monitoring
licence issued under section 3.4.59I(1A) may be extended once
only for a period of 90 days.
Clause 39 inserts new sections 3.4.59LA to 3.4.59LG in the Principal Act.
New section 3.4.59LA provides that the Minister may direct the
temporary monitoring licensee to enter into an agreement or class
of agreements dealing with matters relating to the temporary
monitoring licence, with the Minister or a class of persons
specified by the Minister. This clause enables the Minister to
direct the temporary monitoring licensee to enter into agreements
with venue operators. The temporary monitoring licensee must
give a copy of any such agreement to the Commission.
New section 3.4.59LB provides that no compensation is payable
by the State because of a direction under section 3.4.59LA or the
entering into an agreement in compliance with a direction under
section 3.4.59LA.
New section 3.4.59LC limits the liability of the temporary
licensee for an act or omission in the provision of monitoring
services and provides when the temporary monitoring licensee's
liability is not limited.
New section 3.4.59LD provides that an agreement referred to in
section 3.4.59LA must provide for the kinds of damages
determined by the Minister under section 3.4.59LE.
New section 3.4.59LE provides that the Minister, after consulting
with the Treasurer, may determine the kinds of damages that
must be provided for under an agreement referred to in
section 3.4.59LA.
New section 3.4.59LF provides for the Minister to appoint a
monitoring services provider if the Minister does not grant any
application for the monitoring licence.
New section 3.4.59LG provides for the Minister to appoint a
monitoring services provider if the monitoring licence is
suspended, cancelled or surrendered or where the Minister
considers there has been a significant failure such that no
effective monitoring services are being provided.
8
Clause 40 inserts a new section 3.4.59Q in the Principal Act, providing the
circumstances where no compensation is payable to persons by
the State in relation to the provision of monitoring services.
Clause 41 inserts a new section 3.4.59R in the Principal Act, providing what
conduct in relation to the monitoring licence and temporary
monitoring licence is authorised by the Principal Act for the
purposes of the Trade Practices Act 1974 (Cth) and the
Competition Code.
Clause 42 substitutes a new section 3.4.66(2) for the existing section in the
Principal Act, providing that if a direction in a letter of censure is
not complied with in the specified time, the Commission may by
written notice remove the person's name from the Roll or fine the
person.
Clause 43 amends section 3.4A.1(1) of the Principal Act by inserting a new
paragraph (c), to provide that in addition to the requirements of
paragraphs (a) and (b), the conduct of gaming in an approved
venue is lawful only if no gaming in that venue is conducted
concurrently under that gaming machine entitlement and a
gaming licence or a gaming operator's licence.
Clause 44 makes amendments to section 3.4A.5 of the Principal Act.
Subclause (1) makes consequential amendments to section
3.4A.5(1)(b) of the Principal Act.
Subclause (2) makes consequential amendments to section
3.4A.5(3) of the Principal Act.
Subclause (3) inserts a new section 3.4A.5(3A) in the Principal
Act, providing that the Minister may by Order published in the
Government Gazette determine the maximum permissible
number of gaming machine entitlements under which gaming
may be conducted in a region or municipal district, or require the
Commission, based on the criteria in the Order, to make such a
determination.
Subclause (4) repeals the note at the foots of section 3.4A.5(6) of
the Principal Act.
Subclause (5) makes consequential amendments to section
3.4A.5(7) of the Principal Act.
Clause 45 inserts new section 3.4A.5A in the Principal Act, providing for
the review of the Commission's determination under
section 3.4A.5(3A).
Clause 46 substitutes a new heading for the existing heading to section
3.4A.6 of the Principal Act.
9
Clause 47 inserts new section 3.4A.6A in the Principal Act, providing that
the Minister may direct a venue operator that holds a gaming
machine entitlement to enter into an agreement with the Minister
that deals with matters related to the gaming machine
entitlement.
Clause 48 amends section 3.4A.7(3) of the Principal Act to provide that a
venue operator may apply to the Minister, before the gaming
machine entitlement expires, for an extension of the entitlement
if invited by the Minister to do so.
Clause 49 inserts new sections 3.4A.11A and 3.4A.11B in the Principal Act.
New section 3.4A.11A provides that a Minister may by written
notice direct a venue operator that holds a gaming machine
entitlement to enter in an agreement with the monitoring licensee
dealing with matters relating to the provision of monitoring
services to the venue operator by the monitoring licensee.
The venue operator must give a copy of any such agreement to
the Commission.
New section 3.4A.11B provides that no compensation is payable
by the State because of a direction under section 3.4.11A or the
entering into an agreement in compliance with a direction under
section 3.4.11A.
Clause 50 inserts new section 3.4A.17A in the Principal Act, providing that
a venue operator cannot transfer a gaming machine entitlement
to another venue operator (the transferee) unless the transferee
has entered into an agreement with the Minister, or a person
nominated by the Minister, referred to in section 3.4A.6 or
3.4A.6A that deals with matters related to the gaming machine
entitlement.
Clause 51 inserts new Division 5A of Part 4A of Chapter 3 in the Principal
Act, setting out the provisions for the purchase by the State of
gaming machine entitlements.
New section 3.4A.20A provides the date from which the Division
applies.
New section 3.4A.20B provides that before making an Order
under section 3.4A.20C, the Minister must direct the Commission
to determine whether the number of gaming machine
entitlements under which gaming may be conducted in the State,
a region or a municipal district exceeds the maximum permissible
number of gaming machine entitlements under which gaming
may be conducted in those areas.
10
New section 3.4A.20C provides that if there are excess
entitlements, the Minister may determine by Order published in
the Government Gazette that the State will offer to purchase
those excess entitlements.
New section 3.4A.20D provides that the Minister may determine
the gaming machine reduction requirements or direct the
Commission to determine, based on criteria specified in the
direction, the gaming machine reduction requirements.
New section 3.4A.20E provides for the Commission to serve on
relevant venue operators that hold gaming machine entitlements
an offer to purchase gaming machine entitlements.
New section 3.4A.20F provides that if following an offer under
section 3.4A.20E, there are still excess entitlements, the
Commission must determine, in accordance with a determination
of the Commission under section 3.4A.20D, which venue
operators must reduce their gaming machine entitlement holdings
and by what number. The Commission must give such venue
operators a written direction setting out the details of the required
reduction of entitlements.
New section 3.4A.20G provides that the Commission must serve
on each relevant venue operator an offer of the State to purchase
the gaming machine entitlements is made.
New section 3.4A.20H provides for the extinguishment of
gaming machine entitlements that have been purchased by the
State for the purpose of reducing the State limit applying to
entitlements.
New section 3.4.20I provides for the extinguishment of gaming
machine entitlements and any interest, right or privilege in them
if a venue operator holds gaming machine entitlements to which
an Order under section 3.4A.5(3) relates and does not reduce the
number of gaming machine entitlements the holder holds in
accordance with a direction under section 3.4A.20F.
New section 3.4A.20J provides that no compensation is payable
by the State in respect of anything given or anything done under
or arising out of anything under Division 6A of Part 4A of
Chapter 3.
Clause 52 inserts new Division 8A of Part 4A of Chapter 3 in the Principal
Act, setting out the provisions for the forfeiture of gaming
machine entitlements following offers to purchase those
entitlements.
11
New section 3.4A.27A provides for the forfeiture of gaming
machine entitlements if an entitlement holder holds gaming
machine entitlements to which an Order under section 3.4A.20C
relates and does not reduce the number of gaming machine
entitlements the holder holds in accordance with a direction
under section 3.4A.20F.
Clause 53 makes consequential amendments to section 3.4A.28(1) of the
Principal Act.
Clause 54 makes consequential amendments to section 3.4A.30 of the
Principal Act.
Clause 55 inserts New Division 11 of Part 4A of Chapter 3 in the Principal
Act.
New section 3.4A.34 provides that entering into, amending or
giving effect to a related agreement referred to in sections 3.4A.6,
3.4A.6A, 3.4A.11A or 3.4A.17A of the Principal Act are
authorised by the Principal Act for the purposes of the Trade
Practices Act 1974 (Cth) and the Competition Code.
Clause 56 inserts new section 3.5.4(5) in the Principal Act, providing that
after the first gaming machine entitlement declared day, only a
person listed on the Roll who manufactures approved gaming
machines or restricted components may submit a gaming
machine type or game under subsection (1).
Clause 57 amends section 3.5.6(2)(b) of the Principal Act by omitting
"entitlement holders" from the persons who the Commission
must give notice to if it withdraws its approval of an approved
gaming machine type or game.
Clause 58 inserts new section 3.5.13(3A) into the Principal Act, providing
that in deciding whether to approve an electronic monitoring
system or a variation to an electronic monitoring system under
section 3.5.13(3), the Commission must have regard to any
relevant standards made under section 10.1.5A.
Clause 59 repeals section 3.5.29(3) of the Principal Act, which allowed the
Commission to declare areas where the restrictions in sections
3.5.29(1) and (2) did not apply.
Clause 60 repeals section 3.5.30(2) of the Principal Act, which allowed the
Commission to declare areas where the restrictions in sections
3.5.30(1) did not apply.
12
Clause 61 amends section 3.6.6A of the Principal Act.
Subclause (1) amends the formula for calculating the taxation
payable by venue operators who conduct gaming in an approved
venue in respect of which a pub licence is in force by substituting
a new description of variable E for the existing description in
section 3.6.6A(2).
Subclause (2) amends section 3.6.6A(6) of the Principal Act by
providing that if the application of 3.6.6A(5) results in a number
that is not a whole number, the number that is a rounding up of
that number to the next 2 decimal points is taken to be the total
number.
Subclause (3) inserts new section 3.6.6A(8) in the Principal Act,
providing a definition of revenue for the purposes of section
3.6.6A of the Principal Act.
Clause 62 amends section 3.6.6B of the Principal Act.
Subclause (1) inserts "or racing club licence" after "licence" in
section 3.6.6B(1).
Subclause (2) substitutes "venue operator" for "entitlement
holder" in section 3.6.6B(2).
Subclause (3) amends the formula for calculating the taxation
payable by venue operators who conduct gaming in an approved
venue in respect of which a club licence or racing club licence is
in force by substituting a new description of variable E for the
existing description in section 3.6.6B(2)
Subclause (4) amends section 3.6.6B(6) of the Principal Act by
providing that if the application of 3.6.6B(5) results in a number
that is not a whole number, the number that is a rounding up of
that number to the next 2 decimal points is taken to be the total
number.
Subclause (5) insert new section 3.6.65(8) in the Principal Act,
providing a definition of revenue for the purposes of section
3.6.6B of the Principal Act.
Clause 63 inserts New Division 3 of Part 7 of Chapter 3 after Division 2 of
Part 7 of Chapter 3 in the Principal Act.
New section 3.7.6A provides that the Minister may direct a
gaming operator to provide the Minister with any information or
document that in the opinion of the Minister relates to the kind of
things that the monitoring licensee will be authorised to do under
the monitoring licence and is considered by the Minister to be
relevant to an invitation or proposed invitation to apply for the
monitoring licence or an application or proposed application for
13
the monitoring licence under section 3.4.40 of the Principal Act.
The Minister may disclose the information to the Commission,
a possible invitee (within the meaning of section 3.4.41(2)) and
any person who applies for the monitoring licence under
section 3.4.42.
New section 3.7.6B provides that the Minister may direct the
monitoring licensee to provide the Minister with any information
or document that in the opinion of the Minister relates to the kind
of things that the monitoring licensee will be authorised to do
under the monitoring licence and is considered by the Minister to
be relevant to an invitation or proposed invitation to apply for the
monitoring licence or an application or proposed application for
the monitoring licence under section 3.4.40 of the Principal Act.
The Minister may disclose the information to the Commission,
a possible invitee (within the meaning of section 3.4.41(2)) and
any person who applies for the monitoring licence under
section 3.4.42.
New section 3.7.6C provides no compensation is payable by the
State in relation to anything done under section 3.7.6A or 3.7.6B
or in compliance with a direction under either of those sections.
New section 3.7.6D provides that the Commission may give a
written direction to the monitoring licensee relating to the
monitoring services, which the monitoring licensee must comply
with.
PART 3--WAGERING AND BETTING-RELATED
AMENDMENTS
Clause 64 substitutes a new section 4.2.3(3) for the existing section in the
Principal Act, providing what the Commission must have regard
to in approving an instrument, contrivance, hardware, software or
equipment under section 4.2.3.
Clause 65 inserts new section 4.2.4A(3A) in the Principal Act, providing
that a betting exchange rule that specifies a maximum amount
that may be deducted as commission referred to in subsection (3)
does not take effect until the Treasurer has give written consent
to the maximum amount.
Clause 66 inserts new section 4.2.6(6) in the Principal Act, providing that
the Commission has no power to disallow a betting exchange rule
that specifies the maximum amount that may be deducted as a
betting exchange commission.
14
Clause 67 inserts New Division 8 in Part 3 of Chapter 4 of the Principal
Act.
New section 4.3.34 provides that the Minister may give a written
direction to the wagering licensee requiring the licensee to
provide to the Minister any information or document in the
licensee's possession or control that the Minister considers
relevant to its arrangements with VicRacing and Racing
Products, a call or a proposed call for registrations of interest in
the grant of a wagering or betting licence, an invitation or
proposed invitation to apply for a wagering and betting licence or
an application or proposed application for a wagering and betting
licence. The Minister may disclose the information to the
Commission and any person who registers an interest in or
applies for the wagering and betting licence. No compensation is
payable by the State in relation to anything done this section
4.3.34 or in compliance with a direction under this section.
Clause 68 substitutes a new heading for the existing heading to section
4.3A.10 of the Principal Act.
Clause 69 inserts new sections 4.3A.10AA and 4.3A.10AB in the Principal
Act.
New section 4.3A.10AA provides that the Minister may direct
the wagering and betting licensee to enter into an agreement or
class of agreements dealing with matters relating to the wagering
and betting licence, with the Minister or a person or class of
persons specified by the Minister. The wagering and betting
licensee must give a copy of any such agreement to the
Commission.
New section 4.3A.10AB provides that no compensation is
payable by the State because of a direction under section 4.3A.10
or the entering into an agreement in compliance with a direction
under section 4.3A.10AA.
Clause 70 inserts new sections 4.3A.13A and 4.3A.13B in the Principal Act.
New section 4.3A.13A provides that the wagering and betting
licensee must pay interest on any outstanding premium payment
under section 4.3A.13.
New section 4.3A.13B provides that a premium payment under
section 4.3A.13 or any interest payable under section 4.3A.13A
may be recovered in court as a debt due to the State.
15
Clause 71 amends section 4.3A.15(2) of the Principal Act, providing that
the engagement of a person or the appointment of an agent by the
wagering and betting licensee does not affect any function or
obligation of the licensee under a gaming Act, the gaming
regulations, the wagering and betting licence or any related
agreement.
Clause 72 inserts new section 4.3A.22(1A) in the Principal Act, providing
in what circumstances the Minister may refuse to consider a
request to amend the wagering and betting licence.
Clause 73 amends section 4.3A.23 of the Principal Act to provide for the
Minister to make an amendment to the wagering and betting
licence by giving the wagering and betting licensee written notice
of the decision.
Clause 74 amends section 4.3A.31 of the Principal Act.
Subclause (1) amends section 4.3A.31(1), which provides for the
issue of a temporary wagering and betting licence by the
Minister, to make it subject to section 4.3A.31(1A).
Subclause (2) inserts new section 4.3A.31(1A) in the Principal
Act, providing that the Minister may, in accordance with section
4.3A.31(2A), issue a temporary wagering and betting licence and
appoint a temporary wagering and betting licensee for a period of
90 days.
Subclause (3) amends section 4.3A.31(2) for the existing sections
4.3A.31(2)(a) to (c), providing the circumstances in which the
Minister may issue a temporary wagering and betting licence
under section 4.3A.31(1).
Subclause (4) inserts new section 4.3A.31(2A ) in the Principal
Act, providing the circumstances in which the Minister may
issue a temporary wagering and betting licence under
section 4.3A.31(1A).
Subclause (5) amends section 4.3A.31(3), which provides that a
temporary wagering and betting licence is issued on the terms
and conditions the Minister thinks fit, to make it subject to
section 4.3A.31(1A) and 4.3A.31(2A).
Subclause (6) amends section 4.3A.31(4) to clarify that the
reference to a temporary wagering and betting licence is a
reference to a temporary wagering and betting licence under
section 4.3A.31(1).
16
Subclause (7) inserts new section 4.3A.31(4A) in the Principal
Act, providing what the Minister may do in considering whether
to issue a temporary wagering and betting licence under
section 4.3A.31(1A).
Clause 75 amends section 4.3A.32 to clarify that the section refers to
the temporary wagering and betting licence under
section 4.3A.31(1).
Clause 76 inserts new section 4.3A.32A in the Principal Act providing that
if the Minister is considering issuing a temporary wagering and
betting licence under section 4.3A.31(1A), the Minister may
request the Commission to give a preliminary written report to
the Minister.
Clause 77 amends section 4.3A.34(1) of the Principal Act.
Subclause (1) specifies that section 4.3A.34(1), which relates to
the extension or cancellation of a temporary wagering and betting
licence, is subject to section 4.3A.34(1A).
Subclause (2) inserts new section 4.3A.34(1A), to provide that a
temporary wagering and betting licence issued under section
4.3A.31(1A) may be extended once only for a period of 90 days.
Clause 78 inserts new sections 4.3A.34AA and 4.3A.34B in the Principal
Act.
New section 4.3A.34A provides that the Minister may by written
notice direct the temporary wagering and betting licensee to enter
into an agreement or class of agreements dealing with matters
relating to the temporary wagering and betting licence with the
Minister or a person or class of persons.
New section 4.3A.34B provides that no compensation is payable
by the State because of a direction under section 4.3A.34AA or
the entering into an agreement in compliance with a direction
under section 4.3A.34AA.
Clause 79 inserts new section 4.3A.34B(1A) in the Principal Act, providing
that in approving a telecommunication device under section
4.3A.34B(1), the Commission must have regard to any relevant
standards made under section 10.1.5A.
Clause 80 inserts new sections 4.3A.39A and 4.3A.39B in the Principal Act.
New section 4.3A.39A provides that the Minister may give a
written direction to the wagering and betting licensee requiring
the licensee to provide to the Minister any information or
document that is in the possession or under the control of the
licensee and that in the opinion of the Minister relates to
17
wagering, approved betting competitions, simulated racing games
or the operation of a betting exchange. The Minister may
disclose the information to the Commission and any person who
registers an interest in or applies for the wagering and betting
licence. No compensation is payable by the State in relation to
anything done in accordance with this section 4.3A.39A.
New section 4.3A.39B provides that the Commission may give a
written direction to the wagering and betting licensee relating to
the conduct of activities authorised under the licence, which the
licensee must comply with.
Clause 81 inserts new section 4.6.3A in the Principal Act, providing that the
Treasurer must cause a review to be made of the tax rate set out
in section 4.6.3(1A), which is a pari-mutuel wagering tax.
Clause 82 inserts new Part 9 in Chapter 4 of the Principal Act dealing with
other matters in relation to the wagering and betting licence.
New section 4.9.1 provides for what conduct is authorised by the
Principal Act in relation to the wagering and betting licence for
the purposes of the Trade Practices Act 1974 (Cth) and the
Competition Code.
PART 4--LOTTERIES-RELATED AMENDMENTS
Clause 83 substitutes a new section 5.2.1A(3) of the Principal Act for the
existing section, providing what the Commission must and may
have regard to in approving an instrument, contrivance,
hardware, software or other equipment in connection with a
public lottery licence.
Clause 84 inserts new section 5.3.16(1A) in the Principal Act, providing the
circumstances in which the Minister may refuse to consider a
request to amend the public lottery licence.
Clause 85 amends section 5.3.19 of the Principal Act to provide for the
Minister to make an amendment to the public lottery licence by
giving the public lottery licensee written notice of the decision.
Clause 86 amends section 5.3.27 of the Principal Act.
Subclause (1) amends section 5.3.27(1), which provides for the
issue of a temporary public lottery licence by the Minister, to
make it subject to section 5.3.27(1A).
Subclause (2) inserts new section 5.3.27(1A) in the Principal Act,
providing that the Minister may, in accordance with section
5.3.27(2A), issue a temporary public lottery licence and appoint a
temporary public lottery licensee for a period of 90 days.
18
Subclause (3) substitutes a new section 5.3.27(2) and 5.3.27(2A)
for the existing section 5.3.27(2). New section 5.3.27(2)
provides the circumstances in which the Minister may issue a
temporary public lottery licence under section 5.3.27(1).
New section 5.3.27(2A) provides the circumstances in which
the Minister may issue a temporary public lottery licence under
section 5.3.27(1A).
Subclause (4) amends section 5.3.27(3), which provides that a
temporary public lottery licence is issued on the terms and
conditions the Minister thinks fit, to make it subject to section
5.3.27(1A) and 5.3.27(2A).
Subclause (5) inserts new sections 5.3.27(3A) and 5.3.27(3B) in
the Principal Act, providing what the Minister may do in
determining or considering whether to issue a temporary public
lottery licence under sections 5.3.27(1) or 5.3.27(1A).
Subclause (6) amends section 5.3.27(4) to clarify that it subject to
section 5.3.27(4A).
Subclause (7) inserts new section 5.3.27(4A) in the Principal Act,
to provide that a temporary public lottery licence issued under
subsection (1A) may be extended once only for a period of
90 days.
Clause 87 amends section 5.3.28 to clarify that the section refers to the
temporary public lottery licence under section 5.3.27(1).
Clause 88 inserts new section 5.3.28A in the Principal Act providing that if
the Minister is considering issuing a temporary public lottery
licence under section 5.3.28(1A), the Minister may request the
Commission to give a preliminary written report to the Minister.
PART 5--CLUB KENO-RELATED AMENDMENTS
Clause 89 inserts New Division 3 in Part 3 of Chapter 6 in the Principal Act
dealing with unclaimed prizes.
New section 6.3.4 provides for the payment by the participants to
the Treasurer of amounts equal to the sum of unclaimed prizes,
less the expenses reasonably incurred in searching for the persons
entitled to those prizes.
Clause 90 inserts New Part 6 in Chapter 6 of the Principal Act.
New section 6.6.1 provides that the Minister may give a written
direction to a participant requiring the participant to provide to
the Minister any information or document in the participant's
possession or control that in the opinion of the Minister is
relevant to a call or proposed call for registrations of interest in
19
the grant of a keno licence, an invitation or proposed invitation to
apply for a keno licence, or an application or proposed
application for a keno licence. The Minister may disclose the
information to the Commission and any person who registers an
interest in or applies for a keno licence. No compensation is
payable by the State in relation to anything done in accordance
with section 6.6.1 or in compliance with a direction under that
section.
PART 6--KENO-RELATED AMENDMENTS
Clause 91 inserts new section 6A.2.5(3) in the Principal Act, providing that
in approving a keno system or a variation to a keno system, the
Commission must have regard to any relevant standards made
under section 10.1.5A.
Clause 92 substitutes a new heading for the existing heading to section
6A.3.10 of the Principal Act.
Clause 93 inserts new sections 6A.3.10A and 6A.3.10B in the Principal Act.
New section 6A.3.10A provides that the Minister may direct the
keno licensee to enter into an agreement or class of agreements
dealing with matters relating to the keno licence, with the
Minister or a person or class of person specified by the Minister.
The keno licensee must give a copy of any agreement entered
into in compliance with a direction under subsection (1) to the
Commission.
New section 6A.3.10B provides that no compensation is payable
by the State because of a direction under section 6A.3.10A or the
entering into an agreement in compliance with a direction under
section 6A.3.10A.
Clause 94 inserts new sections 6A.3.13A and 6A.3.13B in the Principal Act.
New section 6A.3.13A provides that the keno licensee must
pay interest on any outstanding premium payment under
section 6A.3.13.
New section 6A.3.13B provides that a premium payment under
section 6A.3.13 or any interest payable under section 6A.3.13A
may be recovered in court as a debt due to the State.
Clause 95 amends section 6A.3.15(2) of the Principal Act, providing that
the engagement of a person or the appointment of an agent by the
keno licensee does not affect any function or obligation of the
licensee under a gaming Act, the gaming regulations, the keno
licence or any related agreement.
20
Clause 96 inserts new section 6A.3.22(1A) of the Principal Act, providing
in what circumstances the Minister may refuse to consider a
request for an amendment to the keno licence.
Clause 97 amends section 6A.3.23 of the Principal Act to provide for the
Minister to make an amendment to the keno licence by giving the
keno licensee written notice of the decision.
Clause 98 amends section 6A.3.31of the Principal Act.
Subclause (1) amends section 6A.3.31(1), which provides for the
issue of a temporary keno licence by the Minister, to make it
subject to section 6A.3.31(1A).
Subclause (2) inserts new section 6A.3.31(1A) in the Principal
Act, providing that the Minister may, in accordance with section
6A.3.31(2A), issue a temporary keno and appoint a temporary
keno licensee for a period of 90 days.
Subclause (3) substitutes new sections 6A.3.31(2) and
6A.3.31(2A) for the existing section 6A.3.31(2). New section
6A.3.31(2) provides the circumstances in which the Minister
may issue a temporary keno licence under section 6A.3.31(1).
New section 6A.3.31(2A) provides the circumstances in which
the Minister may issue a temporary keno licence under
section 6A.3.31(1A).
Subclause (4) amends section 6A.3.31(3), which provides that
a temporary keno licence is issued on the terms and conditions
the Minister thinks fit, to make it subject to subsections (1A)
and (2A).
Subclause (5) amends section 6A.3.31(4) to clarify that the
reference to a temporary keno licence in the section is a reference
to a temporary keno licence under section 6A.3.31(1).
Subclause (6) inserts new section 6A.3.31(4A) in the Principal
Act, providing what the Minister may do in considering whether
to issue a temporary keno licence under section 6A.3.31(1A).
Clause 99 amends section 6A.3.32 to clarify that the section refers to the
temporary keno licence under section 6A.3.31(1).
Clause 100 inserts new section 6A.3.32A in the Principal Act providing that
if the Minister is considering issuing a temporary keno licence
under section 6A.3.31(1A), the Minister may request the
Commission to give a preliminary written report to the Minister.
21
Clause 101 amends section 6A.3.34 of the Principal Act.
Subclause (1) amends section 6A.3.34(1) to clarify that it subject
to subsection 6A.3.34 (1A).
Subclause (2) inserts new section 6A.3.34(1A) in the Principal
Act, to provide that a temporary keno licence issued under
section 6A.3.31(1A) may be extended once only for a period of
90 days.
Clause 102 inserts new sections 6A.3.34A and 6A.3.34B in the Principal Act.
New section 6A.3.34A provides that the Minister may by written
notice direct the temporary keno licensee to enter into an
agreement or class or agreements dealing with matters relating to
the temporary keno licence with the Minister or a person or class
of persons the Minister specifies in the direction.
New section 6A.3.34B provides that no compensation is payable
by the State because of a direction under section 6A.3.34A or the
entering into an agreement in compliance with a direction under
section 6A.3.34A.
Clause 103 inserts new sections 6A.3.39A to 6A.3.39D in the Principal Act.
New section 6A.3.39A provides the Minister may give a written
direction to the keno licensee requiring the licensee to provide to
the Minister any information or document that is in the
possession or control of the licensee and that in the opinion of the
Minister relates to the activities conducted under the keno
licence. The Minister may disclose the information to the
Commission and any person who registers an interest in or
applies for the keno licence. No compensation is payable by the
State in relation to anything done under this section 6A.3.39A or
in compliance with a direction under this section.
New section 6A.3.39B provides that the Commission may give a
written direction to the keno licensee relating to the conduct of
activities authorised under the licence, which the licensee must
comply with.
New section 6A.3.39C provides if a claim for a prize in a keno
game is made to the keno licensee and that prize has not been
paid to the Treasurer in accordance with section 6A.3.39D(1),
the keno licensee must immediately try to resolve the claim and
if it is not able to resolve the claim, the keno licensee must
promptly give the claimant written notice of the licensee's
decision. The section provides that if the claim is not resolved,
the claimant may ask the Commission to review the licensee
decision or to resolve the claim.
22
New section 6A.3.39D provides for the payment by the keno
licensee to the Treasurer of amounts equal to the sum of
unclaimed prizes, less the expenses reasonably incurred in
searching for the persons entitled to those prizes.
Clause 104 inserts new Part 6 in Chapter 6A of the Principal Act dealing
with other matters in relation to the keno licence.
New section 6A.6.1 provides what conduct in relation to a keno
licence and a temporary keno licence is authorised by the
Principal Act for the purposes of the Trade Practices Act 1974
(Cth) and the Competition Code.
PART 7--COMMUNITY AND CHARITABLE GAMING-
RELATED AMENDMENTS
Clause 105 inserts new section 8.4.7A in the Principal Act, providing for the
payment of prize money and the payment of cheques.
Subclause (1) provides that if a person wins more than $1000 in a
bingo game, the prize money cannot be paid except by cheque
that is not payable to cash.
Subclause (2) provides that at the request of a person, a bingo
centre operator or a nominee of an organisation conducting the
bingo game must pay out any prize money to that person by
cheque that is not payable to cash.
PART 8--ADMINISTRATION AND ENFORCEMENT-
RELATED AMENDMENTS
Clause 106 inserts new paragraphs (ac) to (ag) after section 10.1.4(2)(ab) of
the Principal Act, providing additional functions of the
Commission.
Clause 107 inserts new section 10.1.5A in the Principal Act, providing for
the Commission, with the approval of the Minister, to make and
amend standards in respect of any technical equipment and
systems that the Commission is required to approve under this
Act.
Clause 108 amends section 10.1.22 of the Principal Act.
Subclause (1) substitutes new sections 10.1.22(2)(c)(iii) and
10.1.22(2)(c)(iiia) for the existing section, providing further
circumstances when a meeting on inquiry for the purposes of
making a finding or determination relating to the proposed
amendments to a venue operator's licence must be conducted in
public.
23
Clause 109 inserts new section 10.1.22A in the Principal Act, providing
when a decision by the Commission in relation to a proposed
amendment to a venue operator's licence to increase the number
of gaming machines permitted in an approved venue, where the
proposed amendments is not a matter referred to in section
10.1.22(2)(c)(iii) or (iiia), may be made without the Commission
conducting a public meeting or inquiry.
Clause 110 amends section 10.1.23 of the Principal Act.
Subclause (1) makes consequential amendments to
section 10.1.23(1).
Subclause (2) inserts new section 10.1.23(1A), providing when
the Commission must give a written statement of its decision and
the reasons for its decision.
Clause 111 amends item 2.1 of Part 2 of Schedule 1 to the Principal Act to
include the conduct of bingo as a matter for the regulations.
PART 9--OTHER AMENDMENTS, SAVINGS AND
TRANSITIONALS
Division 1--Consequential amendments in relation to the
provision of monitoring services
Clause 112 amends section 1.1 of the Principal Act by amending the
objectives and the outline of the Act to include references to
monitoring and the conduct of activities authorised under
Chapter 8.
Clause 113 amends the purpose of Chapter 3 of the Principal Act in section
3.1.1 of the Principal Act by substituting references to "gaming
machines and gaming equipment" with "gaming equipment and
monitoring equipment".
Clause 114 makes consequential amendments to what a casino operator is
authorised to do under section 3.1.5 of the Principal Act.
Clause 115 amends section 3.2.1 of the Principal Act to include when the
conduct of monitoring is lawful.
Clause 116 makes consequential amendments to section 3.2.2 of the
Principal Act to provide for the authorisation of the possession
of monitoring equipment.
Clause 117 makes consequential amendments to section 3.2A.3(1)(a)(i) of
the Principal Act.
24
Clause 118 makes consequential amendments to section 3.2A.5(2)(b)(i) of
the Principal Act.
Clause 119 makes consequential amendments to section 3.4.1(2) of the
Principal Act.
Clause 120 makes consequential amendments to section 3.4.2 of the
Principal Act.
Clause 121 makes consequential amendments to section 3.4.4(1)(c) of the
Principal Act.
Clause 122 makes consequential amendments to section 3.4.5 of the
Principal Act.
Clause 123 makes consequential amendments to section 3.4.52 of the
Principal Act.
Clause 124 makes consequential amendments to section 3.4.61(1)(a) and (b).
Clause 125 makes consequential amendments to section 3.4.65 of the
Principal Act.
Clause 126 makes consequential amendments to section 3.4A.2 of the
Principal Act.
Clause 127 makes consequential amendments to section 3.5.1 of the
Principal Act.
Clause 128 makes consequential amendments to section 3.5.10 of the
Principal Act.
Clause 129 makes consequential amendments to section 3.5.11 of the
Principal Act.
Clause 130 makes consequential amendments to section 3.5.13(4) of the
Principal Act.
Clause 131 makes consequential amendments to section 3.5.15 of the
Principal Act.
Clause 132 amends section 3.5.16 of the Principal Act.
Subclause (1) makes consequential amendments to
section 3.5.16.
Subclause (2) inserts new section 3.5.16(5A), providing that the
monitoring licensee must ensure that gaming does not commence
on gaming equipment that is connected to an electronic
monitoring system operated by the monitoring licensee in respect
of which certificates under subsections (1) and (3) have not been
25
signed or have been signed in contravention of subsection (2)
or (4).
Clause 133 makes consequential amendments to section 3.5.20(1) of the
Principal Act.
Clause 134 makes consequential amendments to 3.5.21 of the Principal Act.
Clause 135 makes consequential amendments to section 3.5.27 of the
Principal Act.
Clause 136 makes consequential amendments to section 9.3.1 of the
Principal Act.
Clause 137 makes consequential amendments to section 9.3.2(2) of the
Principal Act.
Clause 138 makes consequential amendments to section 9.3.4(1)(a) and (b)
of the Principal Act.
Clause 139 makes consequential amendments to section 9A.1.2 of the
Principal Act.
Clause 140 makes consequential amendments to section 10.1.3(b) of the
Principal Act.
Clause 141 makes consequential amendments to section 10.5.29 of the
Principal Act.
Division 2--Other minor amendments
Clause 142 makes statute law revisions to the Principal Act.
Subclause (1) amends Division 5 of Part 5 of Chapter 2 of the
Principal Act by amending an incorrect section number.
The same section number appears in the preceding Division.
Subclause (2) amends section 3.2A.7(1) of the Principal Act by
amending a punctuation error.
Subclause (3) amends section 3.2A.7(4) of the Principal Act by
amending a punctuation error.
Subclause (4) amends the definition of geographic area
condition in section 3.1.2 of the Principal Act by amending an
incorrect cross reference.
Subclause (5) amends section 3.4A.3(1)(b)(i) of the Principal Act
by amending a punctuation error.
Subclause (6) amends section 3.6.6A(4) of the Principal Act by
amending a grammatical error.
26
Subclause (7) amends section 4.2.9(3)(a)(i) of the Principal Act
by amending a punctuation error.
Subclause (8) amends section 4.3A.34A of the Principal Act by
amending a punctuation error.
Subclause (9) amends the definition of direct participant in
section 4.3A.34A of the Principal Act by amending grammatical
errors.
Subclause (10) amends section 4.3A.34M(8) of the Principal Act
by amending a grammatical error.
Subclause (11) amends section 4.6.6A(1) of the Principal Act by
amending a grammatical error.
Subclause (12) amends section 10.5.32(1)(d) of the Principal Act
by amending a punctuation error.
Division 3--Savings and transitionals
Clause 143 inserts new transitional provisions, inserting a new clause
22.1AB in Part 22 of Schedule 7 of the Principal Act, which
applies if immediately before the day section 146 of this Act (the
relevant day) comes into operation a venue operator (a relevant
operator) does not hold a club licence, pub licence or racing club
licence. In such a case, on the relevant day, a relevant operator
that meets the club requirements is to be taken to hold a club
venue operator's licence and a relevant operator that does not
meet the club requirements is taken to hold a hotel venue
operator's licence.
Clause 144 inserts new transitional provisions, inserting a new Part 24 of
Schedule 7 to the Principal Act, providing that despite the repeal
of sections 3.5.29(3) and 3.5.30(2), a notice which specifies an
area under those sections as is in force immediately before that
repeal is to be taken to remain in force for a period of three
months after that repeal.
PART 10--REPEAL OF ACT
Clause 145 provides for the automatic repeal of this Act on 1 September
2013. The repeal of this Act does not affect in any way the
continuing operation of the amendments made by this Act (see
section 15(1) of the Interpretation of Legislation Act 1984).
27