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GAMBLING REGULATION ACT 2003
TABLE OF PROVISIONS
1.1. Purpose, objectives and outline
1.2. Commencement
1.3. Definitions
1.3AA. Meaning of gambling
1.3A. What is intoxication?
1.3B. Meaning of electronic monitoring system
1.4. Who is an associate?
1.5. Money invested
1.6. Act binds the Crown
PART 1--INTRODUCTION
2.1.1. Purposes
2.1.2. Definitions
PART 2--GAMBLING
Division 1--Unauthorised gambling
2.2.1. Prohibition against unauthorised gambling
2.2.2. Recovery of money lost in unauthorised gambling
Division 2--Authorised gambling
2.2.3. Authorisation for games at amusement centres, fetes, carnivals etc.
2.2.4. Authorisation for two-up on ANZAC Day
2.2.5. Authorisation for betting games on approved foot or bicycle races
2.2.6. Approved Calcutta Sweepstakes permitted
2.2.7. Suspension or revocation of approval to conduct Calcutta Sweepstakes
Division 3--Advertising of unauthorised gambling
2.2.8. Prohibition against advertising unauthorised gambling
PART 4--GAMING OR WAGERING AGREEMENTS
2.4.1. Unauthorised gaming or wagering contracts are void
PART 5--PLACES PROVIDED FOR UNAUTHORISED GAMBLING
2.5.20. Prohibition against providing place for unauthorised gambling
2.5.21. Warrant to enter place provided for unauthorised gambling and search and seize on premises
2.5.22. Offence to obstruct the entry of authorised police officers
2.5.23. Obstructing entry to be evidence of place being provided for unauthorised gambling
2.5.25. Power of owner to evict occupier of place provided for unauthorised gambling
2.5.26. Cancellation of notice to quit
2.5.27. Declaration of place provided for unauthorised gambling
2.5.28. Application for rescission by owner etc.
2.5.29. Application for rescission by police
2.5.30. Notice in the Government Gazette
2.5.31. Other notices of declaration
2.5.32. Persons found etc. in declared place
2.5.33. Convicted persons found in declared place
2.5.35. Liability of owner
2.5.36. Liability of occupier
2.5.37. Additional penalty for continuing offences
2.5.38. Entry by police
2.5.40. Procedure where place is entered under a warrant etc.
2.5.41. Persons required to be examined as witnesses making a full discovery to receive a certificate
2.5.42. Indemnity of witnesses
2.5.43. Persons found in place provided for unauthorised gambling
PART 5A--BANNING IRRESPONSIBLE GAMBLING PRODUCTS AND PRACTICES
Division 1--Introduction
2.5A.1. Definitions
Division 2--Interim ban orders
2.5A.2. Minister may make interim ban order
2.5A.3. Duration of interim ban order
2.5A.4. Procedure following interim ban order
Division 3--Fixed term ban orders
2.5A.9. Fixed term ban order
2.5A.10.Duration of fixed term ban order
2.5A.11.Revocation of fixed term ban order
2.5A.12.Disallowance of fixed term ban order
Division 4--Effect of ban orders
2.5A.13.Offence to breach ban order
Division 5--General
2.5A.14.No compensation
PART 6--GENERAL
2.6.3. Money stolen and paid away in bets is recoverable
2.6.5. Evidence as to offences
2.6.7. Vicarious liability
2.6.9. Entry of police to public places
PART 1--INTRODUCTION
3.1.1. Purpose
3.1.2. Definitions
3.1.3. Machines may be declared to be gaming machines
3.1.4. Conduct of gaming and playing gaming machines
3.1.4A. Conduct of monitoring
3.1.5. Application of Chapter to casino operator
3.1.6A. Application of Chapter to tabaret premises
3.1.6B. Minister may nominate person to enter into entitlement-related agreement
PART 2--GENERAL AUTHORISATION FOR GAMING ON GAMING MACHINES
Division 1--Legality of gaming machine gaming
3.2.1. Gaming in approved venue declared lawful
3.2.2. Possession of gaming equipment or monitoring equipment may be authorised
Division 2--Ministerial directions, regional limits and municipal limits
3.2.3. Ministerial directions as to requirements for gaming machines
3.2.4. Regions for gaming machines
3.2.5. No compensation payable
PART 2A--OWNERSHIP AND RELATED PERSON RESTRICTIONS
Division 1--Interpretation
3.2A.1. Definitions
Division 2--Ownership and related person licensee restrictions
3.2A.2. Restrictions for venue operators and related persons
3.2A.3. Monitoring restrictions for persons listed on the Roll and related persons
3.2A.4. Other restrictions for persons listed on the Roll and related persons
3.2A.5. Restrictions for the monitoring licensee and related persons
3.2A.6. Restrictions for a casino operator
Division 3--Gaming machine entitlement prohibited interests
3.2A.7. Prohibited interests in gaming machine entitlements
3.2A.7A.Minister may declare day for increase of limit on club gaming machine entitlements
PART 3--APPROVAL OF PREMISES FOR GAMING
Division 1--Introduction
3.3.1. Outline of Part
Division 2--Premises approvals
3.3.2. Which premises may be approved as suitable for gaming?
3.3.4. Application for approval of premises
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for approval of premises as suitable for gaming.
3.3.5. Proposed application must be given to relevant responsible authority before application is made
3.3.5AA.Commission to notify relevant responsible authority of receipt of application
3.3.5AB.Amendment of application for premises approval
3.3.5A. No change permitted to number of gaming machines sought in application after certain period
3.3.5B. Relevant responsible authority must notify Commission of intention to make submission
3.3.6. Responsible authority may make submission
3.3.7. Matters to be considered in determining applications
3.3.8. Determination of application
3.3.9. Conditions of approval
3.3.10. Duration of approval
3.3.11. Variation of approval
3.3.11A.Variation of conditional approval
3.3.12. Revocation of approval
3.3.13. Automatic revocation or suspension of approval
3.3.14. Tribunal review of approval
3.3.15. Surrender of approval
3.3.15A.One venue operator for an approved venue
Division 3--Modification of gaming machine areas
3.3.16. Modification of gaming machine areas
3.3.17. Appeal
PART 4--LICENSING OF OPERATORS AND MONITORS AND LISTING OF MANUFACTURERS, SUPPLIERS AND TESTERS
Division 1--Authority conferred by licences and listing
3.4.1. Authority conferred by venue operator's licence
3.4.1B. Venue operator must comply with standards and operational requirements
3.4.4. Authority conferred by monitoring licence
3.4.4B. Monitoring licensee must comply with standards and operational requirements
3.4.5. Authority conferred by listing on the Roll
3.4.6. Offence to breach licence conditions
3.4.7. Offence to breach condition of listing on Roll
Division 2--Venue operator's licence
3.4.8. Application for venue operator's licence
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for a venue operator's licence.
3.4.10. Objections
3.4.11. Matters to be considered in determining applications
3.4.12. Determination of applications and duration of licence
3.4.12A.Self-exclusion program is a condition of licence
3.4.12B.Responsible Gambling Code of Conduct is a condition of licence
3.4.13. Register of venue operators and approved venues
3.4.13A.Venue operator to give Commission certain information about where gaming will be conducted under gaming machine entitlements
3.4.14. Nominee of licensee
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for approval under this section.
3.4.15. Venue operator's licence is non-transferable
3.4.16. Renewal of venue operator's licence
3.4.17. Amendment of conditions
3.4.18. Proposal of amendment by venue operator
3.4.18A.Commission to notify municipal council of receipt of proposal
3.4.18B.Amendment of proposal to increase number of gaming machines permitted in an approved venue
3.4.18C.Municipal council must notify Commission of intention to make submission
3.4.19. Submissions on proposed amendments
3.4.20. Consideration and making of amendment
3.4.20A.Variation of conditional amendment
3.4.21. Tribunal review of amendment increasing number of gaming machines
3.4.22. Removal of approved venue if liquor licence is cancelled etc.
3.4.23. Notification of certain changes
3.4.24. Endorsement of licence and Register
3.4.25. Disciplinary action against venue operator
3.4.26. Letter of censure
3.4.27. Suspension of venue operator's licence pending criminal proceedings
3.4.27A.No authority to conduct gaming if venue operator's licence suspended or cancelled
3.4.28. Provisional venue operator's licence
Division 2A--Venue operators and venue agreements
3.4.28AA.Application of Division
3.4.28A.Definitions
3.4.28AB.Meaning of prohibited venue agreement
3.4.28B.Commission may declare certain agreements to be reviewable venue agreements
3.4.28C.Entering into prohibited venue agreement prohibited
3.4.28D.Prohibited venue agreements are void
3.4.28E.Commission may issue written notice directing venue operators to give it copies of reviewable venue agreements
3.4.28F.No compensation payable
Division 4--Monitoring licence
3.4.38. Definitions
3.4.39. One licence
3.4.40. Minister may invite applications
3.4.41. Secretary may report on suitability of persons Minister is considering to invite to apply for licence
3.4.41A.Consent required for reports and investigations
3.4.42. Application for monitoring licence
Division 1D--of Part 4 of Chapter 10 provides for the investigation by the Commission of an application for the monitoring licence.
3.4.43. Report to Minister by Secretary on applications
3.4.44. Determination of applications
3.4.45. Prohibition on improper interference
3.4.45A.Prohibition on lobbying
3.4.46. Issue of licence
3.4.46A.Monitoring licence not personal property
3.4.47. Licence conditions
3.4.48. Minister may refuse to issue monitoring licence if related agreements not entered into
3.4.48A.Related agreements with monitoring licensee
3.4.48B.No compensation payable because of a direction to enter into related agreements
3.4.48C.Limitation of monitoring licensee's civil liability
3.4.48D.Related agreements may provide for damages determined by the Minister
3.4.48E.Minister may determine certain damages that must be included in related agreements
3.4.49. Responsible gambling directions
3.4.49A.Monitoring licensee must establish and maintain approved linked jackpot trust accounts
3.4.49B.Operation of multiple venue linked jackpot arrangements without approved linked jackpot trust account prohibited
3.4.49C.Payments out of approved linked jackpot trust accounts
3.4.50. Duration of licence
3.4.51. Extension of licence
3.4.52. Licence may authorise preparatory action
3.4.53. Publication and tabling
3.4.54. Engaging contractors and appointing agents to assist with monitoring
3.4.55. Transfer only under this Division
3.4.56. Application to transfer licence
3.4.57. Transfer of monitoring licence
3.4.58. Report to Minister by Commission
Division 1B--of Part 4 of Chapter 10 provides for the investigation by the Commission of an application to transfer a monitoring licence.
3.4.59. Related agreements
3.4.59A.Publication and tabling
3.4.59B.Request by licensee for amendment of licence
3.4.59C.Amendment of licence
3.4.59CA.Prohibition on lobbying for amendment of licence
3.4.59D.Grounds for disciplinary action
3.4.59E.Commission may take or recommend disciplinary action
3.4.59F.Minister may take disciplinary action
3.4.59G.Suspension of licence
3.4.59GA.Disciplinary and other action against monitoring licensee—preparatory action
3.4.59H.Effect of licence suspension
3.4.59I.Temporary monitoring licence
3.4.59J.Report to Minister by Commission for a temporary monitoring licence
Division 1B--of Part 4 of Chapter 10 provides for investigations by the Commission for the purposes of the Minister deciding whether or not to issue a temporary monitoring licence.
3.4.59JA.Report to Minister by Commission for a temporary monitoring licence issued for 90 days
3.4.59K.Arrangements with former licensee
3.4.59L.Further provisions for temporary licence
3.4.59LA.Related agreements with temporary licensee
3.4.59LB.No compensation payable because of a direction to enter into related agreements
3.4.59LC.Limitation of temporary licensee's civil liability
3.4.59LD.Related agreements may provide for damages determined by the Minister
3.4.59LE.Minister may determine certain damages that must be included in related agreements
3.4.59LF.Appointment of a monitoring services provider if monitoring licence not granted
3.4.59LG.Appointment of a monitoring services provider after monitoring licence suspended or cancelled
3.4.59M.Secretary may require further information
3.4.59N.Updating information provided to Secretary
3.4.59O.Updating information provided to Minister regarding licence application
3.4.59P.Updating licence transfer application
3.4.59Q.No compensation payable for certain acts and omissions
3.4.59R.Competition and Consumer Act and Competition Code
Division 7--Roll of Manufacturers, Suppliers and Testers
3.4.60. The Roll
3.4.61. Application to be listed on Roll
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for listing on the Roll.
3.4.62. Objections
3.4.63. Determination of applications
3.4.64. Imposition and amendment of conditions
3.4.65. Disciplinary action
3.4.66. Letter of censure
3.4.67. Voluntary removal from Roll
3.4.68. Payments etc. to venue operator unlawful
3.4.68A.Publication of standard price lists
PART 4A--GAMING MACHINE ENTITLEMENTS
Division 1--Requirement to hold gaming machine entitlements and authority conferred by them
3.4A.1. Requirement to hold gaming machine entitlements
3.4A.2. Authority conferred by gaming machine entitlements
Division 2--Gaming machine entitlement allocation and transfer rules
3.4A.3. Gaming machine entitlement allocation and transfer rules
3.4A.4. Directions to the Commission in relation to allocation and transfers of gaming machine entitlements
Division 2A--Standard entitlement-related conditions and standard monitoring-related conditions
3.4A.4A.Minister may determine standard entitlement-related conditions
3.4A.4B.Minister may determine standard monitoring-related conditions
3.4A.4C.Publication and effect of standard conditions
3.4A.4D.No compensation for determination of standard conditions
Division 3--Creation and allocation of gaming machine entitlements
3.4A.5. Minister may create and allocate gaming machine entitlements
3.4A.5AA.Proportions of gaming machine entitlements for venues of different types
3.4A.5A.Review of regional and municipal limits for gaming machine entitlements
3.4A.5B.Gaming machine entitlement not personal property
3.4A.6. Minister may refuse to allocate gaming machine entitlement if entitlement-related agreements not entered into
3.4A.6A.Directions in relation to entitlement-related agreements
3.4A.6B.No compensation payable because of direction to enter entitlement-related agreements under section 3.4A.6A
3.4A.7. Duration of gaming machine entitlements
3.4A.8. Gaming machine entitlements to be noted on Register
3.4A.9. Gaming machine entitlements may authorise preparatory action
3.4A.10.States rights in relation to allocated gaming machine entitlements
3.4A.11.No entitlement to or legitimate expectation of approval of venue
3.4A.11A.Related agreements between venue operators and monitoring licensee
3.4A.11B.No compensation payable because of a direction to enter into related agreements under section 3.4A.11A
3.4A.11C.Payments for gaming machine entitlements must be made to Commission
Division 3A--Assignment of gaming machine entitlements
3.4A.11D.What is an assignment agreement?
3.4A.11E.Gaming machine entitlement may be assigned only by registered assignment agreement
3.4A.11F.Gaming machine entitlement assignment rules
3.4A.11G. Venue operator may apply to Commission for registration of assignment agreement
3.4A.11H.Commission may register assignment agreement
3.4A.11I.Effect of registration of assignment agreement
3.4A.11J.No entitlement to or legitimate expectation of approval of venue
3.4A.11K.Restrictions on assignor for duration of assignment
3.4A.11L.Gaming under registered assignment agreement must be commenced within 6 months
3.4A.11M.Assignment ended if gaming not commenced within 6 months
3.4A.11N.Variation of registered assignment agreement
3.4A.11O.Commission may deregister registered assignment agreement
3.4A.11P.Termination of registered assignment agreement if licence expires or is cancelled or suspended
3.4A.11Q.Termination of assignment if venue approval revoked or venue removed from licence
3.4A.11R.Preparatory action authorised in relation to termination of assignment
3.4A.11S.No compensation payable
Division 4--Amendment of gaming machine entitlement conditions
3.4A.11T.Temporary amendment rules
3.4A.12. Request for amendment of geographic area condition or venue condition
3.4A.13.Commission decision on the request
3.4A.13A.Temporary amendments to geographic area conditions
3.4A.13B.Grace period for early expiry of temporary amendment
3.4A.14.Commission must record amendment in Register
3.4A.14A.No entitlement to or legitimate expectation of certain matters in relation to temporary amendment
3.4A.14B.No compensation payable because of expiry or revocation of temporary amendment
Division 5--Transfer of gaming machine entitlements
3.4A.15.Fee payable for gaming machine entitlement transfers
3.4A.16.Gaming machine entitlements cannot be transferred to persons other than venue operators
3.4A.17.Gaming machine entitlements must be transferred in accordance with allocation and transfer rules
3.4A.17AA. Transfer agreement may provide for substitution of parties to registered assignment agreement
3.4A.17AAB.Assignment of gaming machine entitlement otherwise terminated on transfer
3.4A.17AAC.Directions in relation to related agreements with Minister regarding transferred gaming machine entitlement
3.4A.17AAD.No compensation payable because of direction to enter into entitlement-related agreements
3.4A.18.Gaming machine entitlements that expire on 15 August 2022 and that are transferred before specified date
3.4A.18A.Gaming machine entitlements that take effect on or after 16 August 2022 and that are transferred during specified period
3.4A.19.Exemption from requirement to pay for transfer related to refusal to grant relevant authority
3.4A.19A.Exemption from requirement to pay for transfer related to sale of approved venue
3.4A.20.Hospitals and Charities Fund
Division 5AA--Surrender of gaming machine entitlements on specified date
3.4A.20AA.Rules for surrender of gaming machine entitlements
3.4A.20AAB.Surrender of designated gaming machine entitlements
3.4A.20AAC.No compensation payable because of surrender of gaming machine entitlements
3.4A.20AAD.Certain amounts become immediately payable
3.4A.20AAE.Ministerial Order for extinguishment
3.4A.20AAF.Effect of order
3.4A.20AAG.No compensation payable
Division 5A--Purchase by the State of gaming machine entitlements
3.4A.20A.Application of Division
3.4A.20B.Commission to determine excess gaming machine entitlements
3.4A.20C.Ministerial Order for purchase of gaming machine entitlements
3.4A.20D.Determinations for purpose of Division
3.4A.20E.Initial offers by State for purchase of gaming machine entitlements
3.4A.20F.Further reduction of gaming machine entitlements
3.4A.20G.Further offers by State for purchase of gaming machine entitlements
3.4A.20H.Extinguishment of gaming machine entitlements purchased for purpose of State limit reduction
3.4A.20I.Extinguishment on reduction of State limit
3.4A.20J.No compensation payable
Division 5B--Extinguishment of unallocated or forfeited entitlements on reduction of State limit
3.4A.20K.Ministerial Order for extinguishment
3.4A.20L.Effect of Order
3.4A.20M.No compensation payable
Division 6--Forfeiture of gaming machine entitlements not used for conduct of gaming
3.4A.21.Definition
3.4A.21A.Division does not require gaming under an assigned gaming machine entitlement
3.4A.22.Meaning of relevant holding period
3.4A.23.Gaming under gaming machine entitlements must be commenced within relevant holding period
3.4A.24.Gaming machine entitlements forfeited to State if gaming not commenced within relevant holding period
3.4A.25.Commission may extend relevant holding period
Division 7--Forfeiture of gaming machine entitlements following disciplinary action, surrender of licence or expiry
3.4A.26.Gaming machine entitlements forfeited if venue operator's licence cancelled, surrendered or not renewed
Division 8--Forfeiture of gaming machine entitlements in accordance with standard conditions or related agreement
3.4A.26A.Gaming machine entitlements forfeited in accordance with standard entitlement-related conditions
3.4A.27.Gaming machine entitlements forfeited if venue operator defaults under related agreement
Division 8A--Forfeiture of gaming machine entitlements following offers to purchase those entitlements
3.4A.27A.Forfeiture to State—after reduction of regional or municipal district limit
Division 9--Extinguishment of interests and rights in gaming machine entitlements
3.4A.28.Extinguishment
3.4A.29.No compensation payable because of extinguishment
Division 10--Forfeited gaming machine entitlements
3.4A.30.Application of Division
3.4A.31.No compensation payable because of forfeiture of gaming machine entitlements
3.4A.32.Amounts owed to the State in relation to gaming machine entitlements become immediately payable
3.4A.33.Payment of proceeds from forfeited gaming machine entitlements that are allocated again
Division 11--General
3.4A.34.Competition and Consumer Act and Competition Code authorisation
PART 5--CONTROL OF GAMING
Division 1--Manufacturing and obtaining gaming machines
3.5.1. Manufacture, sale, supply, obtaining or possession of gaming machines
Division 2--Controls over gaming machines and games
3.5.3. Commission's standards for gaming machine types and games
3.5.4. Approval of gaming machine types and games
3.5.5. Variation of gaming machine types and games
3.5.6. Withdrawal of approval
3.5.7. Linked jackpots unlawful without approval
3.5.7A. Linked jackpot arrangements unlawful without approval
3.5.7B. Approval of linked jackpot arrangements
3.5.7C. Withdrawal of approval
3.5.8. Identification of machines
3.5.9. Gaming prohibited on unprotected devices
3.5.10. Unlawful interference with equipment or systems
3.5.11. Protection of sensitive areas of gaming equipment or monitoring equipment
3.5.12. Testing of electronic monitoring system
3.5.13. Approval of electronic monitoring systems
3.5.15. Installation and storage of gaming machines
3.5.16. Certificates of installation—gaming equipment and monitoring equipment
3.5.17. Offence to play gaming machine not installed as authorised
3.5.17B.Gaming machines must be connected to approved electronic monitoring system
3.5.17C.Offence to interfere with an electronic monitoring system
3.5.18. Gaming only permitted in gaming machine areas
3.5.19. Gaming tokens
3.5.20. Malfunction of gaming machines
3.5.21. Defective gaming machines not allowed
3.5.22. After hours gaming
3.5.23. The Commission's rules
3.5.24. Disallowance of rules
3.5.25. Inspection of rules
3.5.26. Rules to be enforced
3.5.27. Commission may give directions
3.5.28. Inducements, cheating etc.
Division 2A--Gaming hours
3.5.28A.Gaming prohibited between 4:00 a.m. and 10:00 a.m.
Division 3--Responsible gaming measures
3.5.29. Banning large denomination note acceptors and autoplay facilities
3.5.30. Spin rates
3.5.31. Credit etc.
3.5.32. Cashing of cheques
3.5.33. Payment of accumulated credits by cheque or electronic funds transfer
3.5.33A.Playing of gaming machines by intoxicated persons prohibited
3.5.33B.Definitions
3.5.33C.Prohibitions on certain cash facilities—approved venue not on a racecourse
3.5.33D.Prohibitions on certain cash facilities—gaming machine area in approved venue on a racecourse
3.5.33DA.Prohibitions on certain cash facilities—other areas in approved venue on a racecourse
3.5.33E.Application for approval
3.5.33F.Approvals
3.5.33G.Ministerial directions as to approvals
3.5.33H.Conditions of approvals
3.5.33I.Amendment of conditions of approvals—Applications by venue operators
3.5.33J.Review of approvals
3.5.33K.Amendment of conditions of approvals—By the Commission
3.5.33L.Functions and powers under this Subdivision may be performed or exercised by a single Commissioner
3.5.33M.Appeal
3.5.33N.No compensation payable
3.5.33O.Subdivision does not apply to casino operator
3.5.33P.Prohibition on inducements involving cashless gaming
3.5.33Q.Prohibition on credit facilities relating to cashless gaming
Division 4--Gaming machine advertising
3.5.34AA.Prohibition on publishing gaming machine advertising by or on behalf of venue operators and casino operators
3.5.34AC.Prohibition on printing gaming machine advertising on player cards
3.5.34. Prohibition on publishing gaming machine advertising by others
3.5.35. Prohibition on displaying gaming machine related signs
3.5.35A.Responsible gambling signs
Division 5--Loyalty schemes
3.5.35B.Definition
3.5.36. Preconditions for allowing participation in loyalty scheme
3.5.36A.Content of written statement
3.5.36B.Setting limits under loyalty scheme
3.5.36C.Excluded persons
3.5.36D.Loyalty scheme must use same equipment as pre-commitment system
3.5.37. Player activity statements—active participants
3.5.37A.Player activity statement—participants who are not active participants
3.5.38. Suspension of person who fails to collect their player activity statement
3.5.39. Opting out of loyalty schemes
3.5.40. No advertising to people suspended or removed from loyalty schemes
Division 4--generally prohibits gaming machine advertising, unless exempted by the regulations.
3.5.41. Loyalty scheme participant information
3.5.41A.Casino loyalty scheme information for data-matching purposes
Division 6--Removal of people from approved venues
3.5.42. Application of Division
3.5.43. Removal of certain persons
Division 7--Jackpot funds
3.5.44. Dealing with jackpot funds on retirement of jackpot
3.5.45. Transfer of unpaid jackpot funds on transfer of approved venue
3.5.46. Dealing with unpaid jackpot funds where venue operator ceases to hold licence or to operate gaming machines
3.5.47. Dealing with jackpots retired previously
PART 6--RETURNS TO PLAYERS, LEVIES AND TAXES
Division 1--Returns to players
3.6.1. Returns to players
Division 2--Taxes and levies
3.6.2. Definitions
3.6.5A. Venue operators to pay supervision charge
3.6.6A. Taxation in relation to gaming in approved venues with pub licences until 16 August 2022
3.6.6B. Taxation in relation to gaming in approved venues with club licences until 16 August 2022
3.6.6C. Taxation in relation to gaming in approved venues on and after 16 August 2022
3.6.6D. Review of tax rates under section 3.6.6C
3.6.8. Declaration for club venue operators to pay different tax in some circumstances
3.6.9. Community benefit statements
3.6.9A. Ministerial directions as to requirements of community benefit statements
3.6.10. Interest on late payment
3.6.11. Hospitals and charities and mental health levy
3.6.12. Payment to Community Support Fund
Division 3--Unclaimed winnings
3.6.13. Unclaimed winnings
PART 7--COMPLIANCE REQUIREMENTS
Division 1--Introduction
3.7.2. Application of Part
Division 2--Banking, accounting and auditing
3.7.3. Banking
3.7.4. Accounting records
3.7.5. Books etc. to be kept on the premises
Division 2A--Approved linked jackpot trust account compliance requirements
3.7.6. Banking
3.7.6AA.Accounting records in relation to approved linked jackpot trust accounts
3.7.6AB.Functions of Commission under this Division may be performed by any commissioner
Division 3--Other requirements
3.7.6B. Directions to monitoring licensee to provide information etc.
3.7.6C. No compensation payable
3.7.6D. Directions to monitoring licensee
PART 8A--PRE-COMMITMENT FROM 1 DECEMBER 2015
Division 1--Preliminary
3.8A.1. Definitions
Division 2--Pre-commitment direction, approval and testing
3.8A.2. Pre-commitment direction
3.8A.3. Monitoring licensee must not provide unapproved pre-commitment system
3.8A.4. Commission may approve pre‑commitment system
3.8A.5. Testing of pre-commitment system
Division 3--Obligations of monitoring licensee, venue operators and casino operators
3.8A.6. Application of Division
3.8A.7. Certificates of installation—player account equipment and parts of a pre‑commitment system
3.8A.8. Monitoring licensee must ensure that pre‑commitment system complies with standards and operational requirements
3.8A.9. Player account equipment must comply with regulations and standards
3.8A.10.Offence for operator failing to ensure proper installation of player account equipment
3.8A.11.Player cards must comply with regulations and standards
3.8A.12.Operators must ensure functioning of player account equipment and connection to pre-commitment system
3.8A.13.Offence for operator to permit gaming on gaming machine using alternative limit setting scheme
Division 4--Related agreements
3.8A.14.Application of Division
3.8A.15.Related agreement between monitoring licensee and venue operator or casino operator
3.8A.16.Related agreement between Minister and venue operator or casino operator
3.8A.17.Content of direction
3.8A.18.Direction to enter into related agreement must be complied with
3.8A.19.No compensation payable because of a direction to enter into related agreement under section 3.8A.15 or 3.8A.16
Division 4A--Standard pre-commitment conditions
3.8A.19A.Minister may determine standard pre‑commitment conditions
3.8A.19B.Publication and effect of standard pre‑commitment conditions
3.8A.19C.No compensation for determination of standard pre‑commitment conditions
Division 5--Provision of information
3.8A.20.Application of Division
3.8A.21.Directions to monitoring licensee to provide information concerning pre‑commitment
3.8A.22.No compensation payable
3.8A.23.Provision of information for research purposes
Division 6--Confidentiality
3.8A.24.Definition
3.8A.25.Restriction on disclosure of pre-commitment information
3.8A.25A.Disclosure to courts and tribunals permitted with Ministerial approval
3.8A.26.Disclosure with consent permitted
3.8A.27.Disclosure to enforcement agencies permitted
3.8A.28.Disclosure for performance of functions
3.8A.29.Disclosure of lawfully publicly available information permitted
3.8A.30.Disclosure of de-identified information for research purposes
3.8A.31.Disclosure in relation to compliance
PART 9--GENERAL
Division 2--General
3.9.4. Prohibition on recovery of costs of investigating persons on Roll or their associates
3.9.5. Appeals
3.9.6. Injunctions to prevent contraventions etc.
PART 1--INTRODUCTION
4.1.1. Purpose
4.1.2. Definitions
4.1.3. Exemption of totalisators
PART 2--GENERAL AUTHORISATION FOR WAGERING AND BETTING
Division 1--Legality of wagering and betting
4.2.1. Wagering and approved betting competitions
4.2.1A. Conduct of betting exchanges
4.2.2. Use of totalisator lawful
4.2.3. Approval of totalisator equipment
Division 1A--Regulation of publication and use of race fields
4.2.3A. Restrictions on publication and use of race fields
4.2.3B. Application for race field publication and use approval
4.2.3C. Publication and use approval
4.2.3D. Tribunal review
4.2.3E. Competition and Consumer Act and Competition Code
Division 2--Betting rules
4.2.4. Totalisator or approved betting competition not to be conducted without rules
4.2.4A. Betting exchange rules
4.2.5. Licensee to make betting rules
4.2.6. Disallowance of betting rules or betting exchange rules
4.2.7. Commission may direct licensee to deal with certain bets
Division 3--Conduct of wagering and betting by wagering and betting licensee
4.2.8. Acceptance of wagers and bets
4.2.9. Agents of licensee
4.2.10. Investigation of complaints
4.2.11. Termination of certain agent agreements
PART 3A--WAGERING AND BETTING LICENCE
Division 1AA--Interpretation
4.3A.1AA.Definitions
Division 1--Authority and number of wagering and betting licences
4.3A.1. Authority of wagering and betting licence
4.3A.2. Minister determines number of wagering and betting licences
Division 2--Licensing procedure
4.3A.3. Minister may invite applications
4.3A.4. Secretary may report on suitability of persons Minister is considering to invite to apply for wagering and betting licence
4.3A.4A.Consent required for reports and investigation
4.3A.5. Application for licence
Division 1D--of Part 4 of Chapter 10 provides for the investigation of an application for a wagering and betting licence.
4.3A.6. Report to Minister by Secretary on applications
4.3A.7. Determination of applications
4.3A.7A.Prohibition on improper interference
4.3A.7B.Prohibition on lobbying
4.3A.8. Issue of licence
4.3A.8A.Wagering and betting licence not personal property
4.3A.9. Licence conditions
4.3A.10.Minister may refuse to issue wagering and betting licence if related agreements not entered into
4.3A.10AA.Related agreements with wagering and betting licensee
4.3A.10AB.No compensation payable because of a direction to enter into related agreements
4.3A.10A.Responsible Gambling Code of Conduct is a condition of licence
4.3A.11.Duration of licence
4.3A.11A.Exclusivity period for licence
4.3A.12.Licence may authorise preparatory action
4.3A.13.Premium payment
4.3A.13A.Penalty interest for late payment
4.3A.13B.Recovery of amounts
4.3A.14.Publication and tabling
4.3A.15.Engaging contractors and appointing agents to assist with wagering and betting
4.3A.15A.Appointment of wagering and betting operator
4.3A.15B.Approval of wholly-owned subsidiary
4.3A.15C.Rights and obligations of wagering and betting operator
Division 3--Transfer of licence
4.3A.16.Transfer only under this Division
4.3A.17.Application to transfer licence
4.3A.18.Transfer of wagering and betting licence
4.3A.19.Report to Minister by Commission
Division 1B--of Part 4 of Chapter 10 provides for the investigation by the Commission of an application to transfer a wagering and betting licence.
4.3A.20.Related agreements
4.3A.21.Publication and tabling
Division 4--Amendment and surrender of licence
4.3A.22.Request by licensee for amendment of licence
4.3A.22A.Notification of other affected licensees
4.3A.22B.Objection by other licensees
4.3A.23.Amendment of licence
4.3A.23A.Prohibition on lobbying for amendment of licence
4.3A.24.Surrender of licence
Division 5--Monitoring and disciplinary action
4.3A.26.Grounds for disciplinary action
4.3A.27.Commission may take or recommend disciplinary action
4.3A.28.Minister may take disciplinary action
4.3A.29.Suspension of licence pending criminal proceedings
4.3A.30.Effect of licence suspension
4.3A.30A.Disciplinary and other action against licensee—preparatory action
Division 6--Temporary wagering and betting licence
4.3A.31.Temporary wagering and betting licence
4.3A.32.Report to Minister by Commission for a temporary wagering and betting licence
Division 1B--of Part 4 of Chapter 10 provides for investigations by the Commission for the purposes of the Minister deciding whether or not to issue a temporary wagering and betting licence.
4.3A.32A.Report to Minister by Commission for a temporary wagering and betting licence issued for 90 days
4.3A.33.Arrangements with former licensee
4.3A.34.Further provisions for temporary licence
4.3A.34AA.Related agreements with temporary wagering and betting licensee
4.3A.34AB.No compensation payable because of a direction to enter into related agreements
Division 6A--Betting exchanges
4.3A.34A.Definitions
4.3A.34B.Approval of telecommunication devices by Commission
4.3A.34C.Licensee not to enable betting by way of a betting exchange on races, competitions or events without relevant consent
4.3A.34D.Licensee must conduct a betting exchange by way of certain telecommunication devices
4.3A.34E.Commission or controlling body may request information
4.3A.34F.Compliance with information notice
4.3A.34G.Offences by the licensee as operator of betting exchange
4.3A.34H.Offence by direct participant
4.3A.34I.Offence by a person who has an interest in the outcome of a brokered betting event
4.3A.34J.Offence by the owner of a horse to bet through betting exchange
4.3A.34K.Offence by the owner of a greyhound to bet through betting exchange
Division 6B--Requirements in relation to registered players
4.3A.34L.Verification of registered player's identity
4.3A.34M.Wagering and betting funds of registered players
4.3A.34N.Disclosure of names of registered players
Division 7--Further information-gathering powers and obligations
4.3A.35.Definitions
4.3A.36.Secretary may require further information
4.3A.37.Updating information provided to Secretary
4.3A.38.Updating information provided to Minister regarding licence application
4.3A.39.Updating licence transfer application
4.3A.39A.Directions to provide information
4.3A.39B.Directions to licensees or operators
Division 8--General
4.3A.40.Powers of Secretary
PART 4--ON-COURSE WAGERING PERMIT
Division 1--Authority of permit
4.4.1. On-course wagering permit
Division 2--Grant of permit
4.4.2. Application for permit
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for an on-course wagering permit.
4.4.3. Matters to be considered in determining application
4.4.4. Grant of permit
4.4.5. Permit is non-transferable
Division 3--Conduct of on-course wagering
4.4.6. Compliance with betting rules
4.4.7. Racing industry and licensee
Division 4--Commissions, dividends and taxes
4.4.8. Commissions
4.4.9. Dividends
4.4.10. Wagering tax
4.4.11. Hospitals and Charities Fund
4.4.12. Supervision charge
Division 5--General
4.4.13. Unclaimed refunds and dividends
PART 5--APPROVED BETTING COMPETITIONS AND SPORTS BETTING
Division 1--Preliminary
4.5.1. Definitions
4.5.2. Events and betting competitions that cannot be approved under this Part
Division 2--Approved betting competitions on horse, harness and greyhound racing
4.5.3. Approval of betting competitions on horse, harness and greyhound races
4.5.4. Notice of approval
4.5.5. Variation and revocation of approval
Division 3--Approval of other events for betting purposes
4.5.6. Approval of events for betting purposes
4.5.7. What kinds of events can be approved?
4.5.8. What must Commission consider in approving events?
4.5.9. Designation of sports betting events
4.5.10. Notice and publication requirements
4.5.11. Variation and revocation of approval
Division 3A--Approval of simulated racing events
4.5.11A.Approval of simulated racing events for betting purposes
4.5.11B.What must Commission consider in approving simulated racing events?
4.5.11C.Notice and publication requirements
4.5.11D.Variation and revocation of approval
4.5.11E.Approval does not limit Minister's power to approve keno game under Chapter 6A
Division 4--Approval or declaration of sports controlling bodies for sports betting purposes
4.5.12. Application for approval
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for approval under this Division.
4.5.13. Objections
4.5.14. Matters to be considered in determining applications for approval
4.5.15. Determination of applications and duration of approval
4.5.15A.Declaration of sports controlling body from another jurisdiction
4.5.16. Notice and publication requirements
4.5.17. Variation and revocation of approval or declaration
4.5.18. Surrender of approval or declaration
4.5.19. Change in situation of sports controlling body
4.5.20. Tribunal reviews
Division 5--Requirements onsports betting providers
4.5.21. What is offering a betting service?
4.5.22. Prohibition on offering betting service without agreement or determination
4.5.23. Agreement of sports controlling body
4.5.24. Application for Commission determination if no sports controlling body agreement
4.5.25. Procedure on application
4.5.26. Determination of Commission
4.5.27. Variation and revocation of determination
4.5.28. Costs of investigating applications
Division 6--Prohibition of betting contingencies relating to events
4.5.29AA.Definition
4.5.29. Commission may prohibit betting on a contingency relating to an event
4.5.30. Notice and publication requirements
4.5.31. Offence to offer bets on a contingency relating to an event
Division 7--Monitoring integrity in sports betting
4.5.32. Sports controlling body to notify Commission
4.5.33. Direction to sports controlling body to provide information about integrity mechanisms
PART 5AA--PROHIBITIONS OR CONDITIONS ON BETTING ON CONTINGENCIES
4.5AA.1.Definitions
4.5AA.2.Minister may prohibit or impose conditions on betting on contingencies
4.5AA.3.Matters to consider when prohibiting or imposing conditions on betting on contingencies
4.5AA.4.Notice and publication requirements
4.5AA.5.Taking effect of prohibition or condition
4.5AA.6.Submissions on making or varying a prohibition or condition
4.5AA.7.Disallowance of contingency betting prohibition or condition
4.5AA.8.Offences to offer bets on prohibited betting contingencies and not to comply with conditions on betting contingencies
PART 5A--BOOKMAKER AND BOOKMAKING RELATED REGISTRATIONS
4.5A.1. Definitions
4.5A.2. Application for registration as bookmaker
4.5A.3. Application for registration as bookmaker's key employee
4.5A.4. Determination of application for registration as bookmaker
4.5A.5. Determination of application for registration as bookmaker's key employee
4.5A.6. Certificate of registration and identity card
4.5A.7. Duration of registration as bookmaker or bookmaker's key employee
4.5A.8. Nominee of corporation
4.5A.9. Application of registered bookmakers to be in partnerships
4.5A.10.Approval of registered bookmakers to be in partnerships
4.5A.10A.Responsible Gambling Code of Conduct is a condition of registration for a bookmaker
4.5A.11.Conditions of registration
4.5A.12.Amendment of conditions
4.5A.13.Registration renewal
4.5A.14.Disciplinary action against registered bookmaker or bookmaker's key employee
4.5A.14A.Suspension of a bookmaker's registration pending criminal proceedings
4.5A.14B.Suspension of a bookmaker's key employee's registration pending criminal proceedings
4.5A.15.Review by VCAT of registrations as a bookmaker or bookmaker's key employee
4.5A.16.Time limit for applying for review
4.5A.17.Registered bookmaker must not engage convicted person
PART 6--COMMISSIONS, DIVIDENDS AND SUPERVISION CHARGE
Division 1--Wagering
4.6.1. Commissions—wagering
4.6.2. Dividends—wagering
Division 2--Approved betting competitions
4.6.4. Commissions—approved betting competitions
4.6.5. Dividends—approved betting competitions
Division 3--Supervision charge
4.6.7A. Licensee to pay charge
Division 4--General
4.6.8. Hospitals and Charities Fund
4.6.9. Unclaimed refunds, dividends and prizes
PART 7--OFFENCES
4.7.1AA.Definition
4.7.1. Offence to display betting advertising in certain locations
4.7.1A. Exemptions
4.7.2. Offences relating to totalisators and approved betting competitions
4.7.3. Tickets purportedly issued by licensee
4.7.4. Offence related to payment of dividends or prizes
4.7.5. Inducements, cheating etc.
4.7.6. Offence to extend credit etc.
4.7.7. Gambling by intoxicated persons prohibited
4.7.8. Appropriate advertising standards required
4.7.9. Prescribed statement to be included in advertisements
4.7.10. Offence to offer inducement to open betting account
PART 8--COMPLIANCE REQUIREMENTS
Division 1--Banking, accounting and auditing
4.8.1. Application of Division
4.8.2. Banking
4.8.3. Accounts
4.8.4. Books etc. to be kept on the premises
4.8.5. Audit of books, accounts and financial statements
Division 2--Reporting
4.8.6. Submission of reports
PART 8A--HARM MINIMISATION DIRECTIONS--WAGERING SERVICE PROVIDERS
4.8A.1. Definitions
4.8A.2. Harm minimisation direction
4.8A.3. Harm minimisation requirement matters
4.8A.4. Tabling and disallowance
4.8A.5. Act prevails over harm minimisation direction
4.8A.6. Offence to not comply with a harm minimisation direction
PART 9--OTHER MATTERS
4.9.1. Competition and Consumer Act and Competition Code
PART 1--INTRODUCTION
5.1.1. Purposes
5.1.2. Definitions
5.1.3. Application of Chapter
PART 2--PUBLIC LOTTERIES
Division 1--Legality of public lotteries
5.2.1. Public lotteries declared lawful
5.2.1A. Approval of computer system etc.
Division 2--Public lottery rules
5.2.2. Lottery rules
5.2.3. When do lottery rules come into force?
5.2.4. Publication and inspection of lottery rules
5.2.5. Disallowance of lottery rules
Division 3--Conduct of public lotteries
5.2.6. Supervision of public lottery draws by Commission's representative
5.2.7. Licensee to record entries
5.2.9. Licensee not to act as credit provider
5.2.10. Non-monetary prizes
5.2.11. Prohibition of certain schemes
5.2.12. Publicity concerning prizewinners
PART 3--PUBLIC LOTTERY LICENCES
Division 1AA--Interpretation
5.3.1AA.Definitions
Division 1--Number and type ofpublic lottery licences
5.3.1. Minister determines number and type of public lottery licences
5.3.2. Which public lotteries can be licensed?
Division 2--Licensing procedure
5.3.2A. Registration of interest
5.3.3. Application for licence
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for a public lottery licence.
5.3.4. Report to Minister by Commission
5.3.5. Determination of applications
5.3.5A. Prohibition on improper interference
5.3.5B. Prohibition on lobbying in relation to grant of application
5.3.6. Issue of licence
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for approval of a wholly-owned subsidiary.
5.3.7. Licence conditions
5.3.7A. Ancillary agreements
5.3.7B. Responsible Gambling Code of Conduct is a condition of licence
5.3.8. Duration of licence
5.3.8A. Licence may authorise preparatory action
5.3.9. Premium payment
5.3.10. Licence is non-transferable
5.3.11. Publication and tabling
5.3.12. Inspection of licence
5.3.13. Register of licences
Division 3--Appointing subsidiaries to conduct public lotteries
5.3.14. Appointment of subsidiaries
5.3.15. Approval of subsidiary
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for approval of a wholly-owned subsidiary.
5.3.15A.Engaging contractors and appointing agents to assist with public lotteries
Division 4--Amending and surrendering licences
5.3.16. Request by licensee for amendment of licence
5.3.17. Notification of other affected licensees
5.3.18. Objection by other licensees
5.3.19. Amendment of licence
5.3.19A.Prohibition on lobbying for amendment of licence
5.3.20. Surrender of licence
Division 5--Disciplinary action
5.3.21. Grounds for disciplinary action
5.3.22. Commission may recommend disciplinary action
5.3.23. Minister may take disciplinary action
5.3.24. Suspension of licence pending criminal proceedings
5.3.25. Effect of licence suspension
5.3.26. Application of Division to appointed subsidiaries
Division 6--Temporary public lottery licences
5.3.27. Temporary public lottery licences
5.3.28. Report to Minister by Commission for a temporary public lottery licence
5.3.28A.Report to Minister by Commission for a temporary public lottery licence issued for 90 days
5.3.29. Arrangements with former licensee
5.3.30. Responsible Gambling Code of Conduct is a condition of temporary licence
PART 4--RETURNS TO PLAYERS AND TAXES
Division 1--Returns to players
5.4.1. Returns to players
Division 2--Taxes
5.4.2. Supervision charge
5.4.3. Public lottery tax
5.4.4. Penalty interest for late payment
5.4.5. Recovery of amounts
5.4.6. Application of tax proceeds
5.4.7. Sharing tax with other jurisdictions
PART 5--COMPLIANCE REQUIREMENTS
Division 1--Financial recording and reporting
5.5.1. Licensee to keep accounts and records
5.5.2. Annual financial statements
5.5.6. Subsidiaries to comply with Division
Division 2--Other requirements
5.5.6A. Directions to provide information etc.
5.5.7. Directions to licensees
5.5.8. Claims for prize
5.5.9. Unclaimed prizes
5.5.10. Complaints
PART 7--TRADE PROMOTION LOTTERIES
Division 1--Legality of trade promotion lotteries
5.7.1. Trade promotion lotteries declared lawful
5.7.2. Conduct of trade promotion lotteries
Division 4--Compliance and offences
5.7.16AA.Definitions
5.7.16. Conducting trade promotion lottery in contravention of Act etc.
5.7.16A.Venue operators must not conduct trade promotion lotteries in relation to gaming
5.7.18A.Gaming machine play restrictions to be included trade promotion lottery advertisements
5.7.18B.Commission determinations about the manner of display of gaming machine play restrictions
Division 6--General
5.7.20. Commissioner may perform Commission's functions
PART 1--INTRODUCTION
6A.1.1. Purpose
6A.1.2. Definitions
6A.1.3. Keno linked jackpot arrangements
PART 2--KENO GAMES
Division 1--Legality of approved keno games
6A.2.1. Approved keno games conducted under this Chapter are lawful
6A.2.2. Approved keno games not subject to Chapter 3
Division 2--Conducting approved keno games
6A.2.3. Sale of tickets
6A.2.4. Agents of licensee
6A.2.4A.Termination of certain agent agreements
6A.2.5. Approval of keno system
6A.2.6. Security of certain equipment
6A.2.7. Defective machinery, equipment and computer systems
6A.2.8. Unlawful interference with keno system
6A.2.9. Use of defective keno machinery, equipment or computer system
6A.2.10.Credit and loans
6A.2.11.Keno rules
6A.2.12. Commencement of rules
6A.2.13. Publication and inspection of keno rules
6A.2.14. Disallowance of keno rules
PART 2A--APPROVAL OF KENO GAMES
6A.2A.1.Approval of keno games for betting purposes
6A.2A.2.Notice and publication requirements
6A.2A.3.Variation and revocation of approval
6A.2A.4.Approval does not limit Commission's power to approve simulated racing events under Chapter 4
PART 3--KENO LICENCE
Division 1AA--Interpretation
6A.3.1AA.Definitions
Division 1--Authority and number of keno licences
6A.3.1. Authority of keno licence
6A.3.2. Minister determines number of keno licences
Division 2--Licensing procedure
6A.3.3. Minister may invite applications
6A.3.4. Secretary may report on suitability of persons Minister is considering to invite to apply for keno licence
6A.3.4A.Consent required for reports and investigation
6A.3.5. Application for licence
Division 1D--of Part 4 of Chapter 10 provides for the investigation of an application for a keno licence.
6A.3.6. Report to Minister by Secretary on applications
6A.3.7. Determination of applications
6A.3.7A.Prohibition on improper interference
6A.3.7B.Prohibition on lobbying
6A.3.8. Issue of licence
6A.3.8A.Keno licence not personal property
6A.3.9. Licence conditions
6A.3.9A.Responsible Gambling Code of Conduct is a condition of licence
6A.3.10.Minister may refuse to issue keno licence if related agreements not entered into
6A.3.10A.Related agreements with keno licensee
6A.3.10B.No compensation payable because of a direction to enter into related agreements
6A.3.11.Duration of licence
6A.3.11AA.Exclusivity period for licence
6A.3.11A.Extension of licence
6A.3.12.Licence may authorise preparatory action
6A.3.13.Premium payment
6A.3.13A.Penalty interest for late payment
6A.3.13B.Recovery of amounts
6A.3.14.Publication and tabling
6A.3.15.Engaging contractors and appointing agents to assist with approved keno games
Division 3--Transfer of licence
6A.3.16.Transfer only under this Division
6A.3.17.Application to transfer licence
6A.3.18.Transfer of a keno licence
6A.3.19.Report to Minister by Commission
Division 1B--of Part 4 of Chapter 10 provides for the investigation by the Commission of an application to transfer a keno licence.
6A.3.20.Related agreements
6A.3.21.Publication and tabling
Division 4--Amendment and surrender of licence
6A.3.22.Request by licensee for amendment of licence
6A.3.22A.Notification of other affected licensees
6A.3.22B.Objection by other licensees
6A.3.23.Amendment of licence
6A.3.23A.Prohibition on lobbying for amendment of licence
6A.3.24.Surrender of licence
Division 5--Monitoring and disciplinary action
6A.3.26.Grounds for disciplinary action
6A.3.27.Commission may take or recommend disciplinary action
6A.3.28.Minister may take disciplinary action
6A.3.29.Suspension of licence pending criminal proceedings
6A.3.30.Effect of licence suspension
6A.3.30A.Disciplinary and other action against keno licensee—preparatory action
Division 6--Temporary keno licence
6A.3.31.Temporary keno licence
6A.3.32.Report to Minister by Commission for a temporary keno licence
Division 1B--of Part 4 of Chapter 10 provides for investigations by the Commission for the purposes of the Minister deciding whether or not to issue a temporary keno licence.
6A.3.32A.Report to Minister by Commission for a temporary keno licence issued for 90 days
6A.3.33.Arrangements with former licensee
6A.3.34.Further provisions for temporary licence
6A.3.34A.Related agreements with temporary keno licensee
6A.3.34B.No compensation payable because of a direction to enter into related agreements
Division 6A--Requirements in relation to registered players
6A.3.34C.Definitions
6A.3.34D.Verification of registered player's identity
6A.3.34E.Keno funds of registered players
6A.3.34F.Disclosure of names of registered players
Division 7--Further information-gathering powers and obligations
6A.3.35.Definitions
6A.3.36.Secretary may require further information
6A.3.37.Updating information provided to Secretary
6A.3.38.Updating information provided to Minister regarding licence application
6A.3.39.Updating licence transfer application
6A.3.39A.Directions to provide information
6A.3.39B.Directions to licensee
6A.3.39C.Claim for prize
6A.3.39D.Unclaimed prizes
Division 8--General
6A.3.40.Powers of Secretary
PART 4--RETURNS TO PLAYERS, COMMISSION, SUPERVISION CHARGE AND FUNDS
Division 1--Returns to players
6A.4.1. Returns to players
Division 2--Commission
6A.4.2. Commission payable to sales agent
Division 3--Supervision charge
6A.4.3. Supervision charge
Division 4--Funds
6A.4.4. Hospitals and Charities Fund
PART 5--COMPLIANCE REQUIREMENTS
Division 1--Accounting records
6A.5.1. Accounting records
Division 2--Complaints
6A.5.2. Investigation of complaints
PART 6--COMPETITION AUTHORISATIONS
6A.6.1. Trade Practices Act and Competition Code
PART 7--HARM MINIMISATION DIRECTIONS--KENO GAME PROVIDERS
6A.7.1. Definitions
6A.7.2. Harm minimisation direction
6A.7.3. Harm minimisation requirement matters
6A.7.4. Tabling and disallowance
6A.7.5. Act prevails over harm minimisation direction
6A.7.6. Offence to not comply with a harm minimisation direction
PART 1--INTRODUCTION
8.1.1. Purpose
8.1.2. Definitions
PART 2--LEGALITY OF COMMUNITY AND CHARITABLE GAMING
8.2.1. Community and charitable gaming declared lawful
8.2.2. Minor gaming must be in accordance with Chapter etc.
8.2.3. Permit not required for raffle where prize value $5000 or less
8.2.3A. Indexation of threshold for minor gaming permit for raffles
8.2.4. Bingo sessions conducted by or on behalf of community or charitable organisations
8.2.4A. Bingo sessions conducted by others
8.2.5. Disclosure if raffle proceeds to be paid to or for a political party
PART 3--COMMUNITY OR CHARITABLE ORGANISATIONS
Division 1--Community or charitable organisations
8.3.1. Application to be declared as a community or charitable organisation
8.3.2. Commission may require further information etc.
8.3.3. Commission may make declaration
8.3.4. Can the applicant appeal?
8.3.5. Commission to determine appeal
8.3.6. Duration of declaration
8.3.6A. Renewal of declaration
8.3.7. Commission may require organisation to show cause
8.3.8. Organisation may make submissions
8.3.9. Revocation of declaration
8.3.10. Appeal to Supreme Court
8.3.11. Suspension of declaration
8.3.11A.Investigation of community or charitable organisations
8.3.11B.Provision of information
Division 2--Minor gaming permits
8.3.12. Application for minor gaming permit
8.3.13. Determination of application
8.3.14. What does a minor gaming permit authorise?
8.3.15. Duration of minor gaming permit
8.3.16. Nominee of organisation
8.3.17. Amendment of permit conditions
8.3.18. Appeal
Division 3--Disciplinary action
8.3.19. Definitions
8.3.20. Taking disciplinary action
8.3.21. Letter of censure
8.3.22. Performance of functions
PART 4--CONDUCT OF COMMUNITY AND CHARITABLE GAMING
Division 1--Lucky envelopes
8.4.1. Lucky envelopes must comply with prescribed standards
8.4.2. Lucky envelopes only to be supplied to permit holder
8.4.2AA.Lucky envelopes must not be sold online
Division 2--Bingo
8.4.2A. Notification of intention to conduct or cease conducting bingo sessions
8.4.2B. Nominees
8.4.2C. Notification of large bingo prizes
8.4.2D. Bingo rules
8.4.2E. Rules binding unless Commission approves a variation
8.4.2F. Commission may require notification of bingo rules
8.4.3. Bingo equipment must comply with prescribed standards
8.4.4. Restriction on supply of bingo equipment
8.4.5. Braille bingo tickets
8.4.6. Community or charitable organisation may contract with bingo centre operator to conduct bingo
8.4.7. Expenses operators can charge for bingo
8.4.7A. Payment of prize money and cashing of cheques
8.4.7B. Bingo must not be conducted online
Division 3--Bingo pooling schemes
8.4.8. When can a pooling scheme operate?
8.4.9. Membership of pooling scheme
8.4.10. Pooling scheme rules
8.4.11. Commission may specify matters for rules
8.4.12. Disallowance of rules
8.4.13. Scheme administrator
8.4.14. Amendment of rules
8.4.15. Declaration of interest
8.4.16. Application to political parties
Division 4--Disciplinary action against community or charitable organisations in relation to bingo
8.4.17. Definitions
8.4.18. Taking disciplinary action
8.4.19. Letter of censure
8.4.20. Appeal
PART 5--BINGO CENTRES
Division 1--Licensing of bingo centre operators
8.5.1. Requirement to be licensed
8.5.2. Application for licence
8.5.3. Application procedure
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for a bingo centre operator's licence.
8.5.4. Objections
8.5.5. Responsible authority's report
8.5.6. Matters to be considered in determining applications
8.5.7. Determination of applications
8.5.7A. Responsible Gambling Code of Conduct is a condition of licence
8.5.8. Duration of licence
8.5.9. Nominee of licensee
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for approval under this section.
8.5.10. Licence non-transferable
8.5.11. Licence renewal
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for a bingo centre operator's licence.
8.5.12. Amendment of conditions
8.5.13. Disciplinary action
8.5.14. Letter of censure
8.5.15. Effect and maximum period of suspension of bingo centre operator's licence
8.5.16. Suspension of bingo centre operator's licence pending criminal proceedings
8.5.17. Licence document to be surrendered
8.5.18. Provisional bingo centre operator's licence
Division 3--Compliance requirements and monitoring
8.5.37. Accounts and financial statements
8.5.38. Returns to the Commission
8.5.42. Gaming machines in bingo centres
PART 5A--COMMERCIAL RAFFLE ORGANISERS
8.5A.1. Definition
8.5A.2. Requirement to be licensed
8.5A.3. Commission may require person to show cause
8.5A.4. Appeal
8.5A.5. Application for licence
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for a commercial raffle organiser's licence.
8.5A.6. Objections
8.5A.7. Matters to be considered in determining applications
8.5A.8. Determination of application
8.5A.8A.Responsible Gambling Code of Conduct is a condition of licence
8.5A.9. Duration of licence
8.5A.10.Nominee of licensee
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for approval under this section.
8.5A.11.Licence non-transferable
8.5A.12.Licence renewal
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for a commercial raffle organiser's licence.
8.5A.13.Amendment of conditions
8.5A.14.Disciplinary action
8.5A.15.Letter of censure
8.5A.16.Effect and maximum period of suspension of commercial raffle organiser's licence
8.5A.17.Suspension of commercial raffle organiser's licence pending criminal proceedings
8.5A.18.Licence document to be surrendered
8.5A.19.Provisional commercial raffle organiser's licence
8.5A.23.Community or charitable organisation may contract with licensee to conduct raffle
8.5A.24.Expenses licensee can charge for raffle
8.5A.25.Promotion of raffle
8.5A.26.Accounts and financial statements
8.5A.27.Returns to the Commission
PART 6--GENERAL COMPLIANCE REQUIREMENTS
Division 1--Banking and records
8.6.1. Banking
8.6.2. Records
Division 2--Ongoing notification requirements
8.6.3. Change in situation of person or associate
PART 7--REVIEWS
8.7.1. Tribunal reviews
PART 8--GENERAL
8.8.1. Refusal to issue licence or permit
PART 1--INTRODUCTION
9.1.1. Purpose
9.1.2. Definitions
9.1.3. Application of Chapter
PART 2--APPLICATION OF TASMANIAN ACT
9.2.1. Tasmanian Act applies as law of Victoria
9.2.2. Amendment of Schedules
PART 3--FURTHER PROVISIONS REGULATINGONBOARD GAMING
Division 1--Legality of onboard gaming
9.3.1. Legality of onboard gaming
9.3.2. Non-applicability of other laws
Division 2--Conduct of onboard gaming
9.3.3. Limit on number of gaming machines
9.3.4. Unlawful interference with gaming equipment
9.3.5. Inducements, cheating etc.
Division 3--Taxes
9.3.6. Revenue-sharing agreement
PART 4--SUSPENSION OF CHAPTER
9.4.1. Suspension of Chapter
9A.1.1. Definitions
9A.1.2. Authority conferred by a gaming industry employee's licence
9A.1.3. Gaming industry employees to be licensed
9A.1.4. Application for gaming industry employee's licence
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application for a gaming industry employee's licence.
9A.1.5. Determination of application
9A.1.6. Conditions of gaming industry employee's licence
9A.1.7. Appeal
9A.1.8. Identification of gaming industry employee
9A.1.9. Provisional licence
9A.1.10.Duration of gaming industry employee's licence
9A.1.11.Renewal of gaming industry employee's licence
9A.1.12.Disciplinary action
9A.1.13.Suspension of gaming industry employee's licence in connection with criminal proceedings
9A.1.14.Effect etc. of suspension
9A.1.15.Return of licence on suspension or cancellation
9A.1.16.Termination of employment on suspension or cancellation of licence
9A.1.17.Licensee to provide information relating to licence
9A.1.18.Compulsory training for certain gaming industry employees
9A.1.19.Venue operator may perform duties of gaming industry employee
9A.1.20.Volunteers at bingo centres
9A.1.21.Casino employees
9A.1.22.Change in situation of licensees
PART 1--THE COMMISSION'S FUNCTIONS
Division 1--General functions
10.1.4. Functions of Commission
10.1.5A.Standards for approvals of technical equipment and systems
10.1.5B.Standards relating to certain matters
10.1.5C.Operational requirements
Division 6--Confidentiality
10.1.29.Definitions
10.1.30.General duty of confidentiality
10.1.31.Disclosure in legal proceedings
10.1.32.Other permitted disclosures
10.1.33.Aggregation of statistical information
10.1.34.Third party disclosures
PART 1A--THE MINISTER AND THE SECRETARY
10.1A.1.Nomination of assistants and advisers
10.1A.2.Directions to licence holders to provide information for policy development
10.1A.3.Delegation of certain reporting functions of Secretary
PART 2A--REVIEW PANEL
Division 1--Introduction
10.2A.1.Definitions
Division 2--Establishment and functions
10.2A.2.Establishment of Review Panel
10.2A.3.Functions and powers of Review Panel
Division 3--Membership of Review Panel
10.2A.4.Membership of Review Panel
10.2A.5.Chairperson
10.2A.6.Other members
10.2A.7.Vacancies and resignation
10.2A.8.Acting chairperson
Division 4--Procedure of Review Panel
10.2A.9.Meetings
10.2A.10.Reports
10.2A.11.Publication of Review Panel reports
10.2A.12.Direction in response to Review Panel's reports
PART 3--FUNDS
Division 1--Community Support Fund
10.3.1. Community Support Fund
10.3.2. Payments into Community Support Fund
10.3.3. Payments from the Community Support Fund
10.3.3A.Additional payment from the Community Support Fund
Division 2--Mental Health Fund
10.3.4. Mental Health Fund
10.3.5. Payments into the Mental Health Fund
10.3.6. Payments from the Mental Health Fund
Division 3--Gambling Harm Response Fund
10.3.7. Gambling Harm Response Fund
10.3.8. Payments into the Gambling Harm Response Fund
10.3.9. Payments from the Gambling Harm Response Fund
PART 4--INVESTIGATIONS AND INFORMATION GATHERING BY THE COMMISSION
Division 1--Investigation of applications
10.4.1. Application of Division
10.4.2. Investigation of application
10.4.3. Photographs, finger prints and palm prints
10.4.4. Police inquiry and report
10.4.5. Commission may require further information etc.
10.4.6. Updating of application
10.4.7. Costs of investigating applications
Division 1B--Investigations of transfers of monitoring licence, wagering and betting licence and keno licence and temporary licensing
10.4.7I.Definitions
10.4.7J.Investigations and inquiries
10.4.7K.Photographs, finger prints and palm prints
10.4.7L.Police inquiry and report
10.4.7M.Commission may require further information
10.4.7N.Updating information
10.4.7O.Costs of investigating
Division 1C--Investigations of persons for suitability for invitation, and to apply, for monitoring licence, wagering and betting licence or keno licence
10.4.7P.Definitions
10.4.7Q.Investigations and inquiries
10.4.7R.Photographs, finger prints and palm prints
10.4.7S.Police inquiry and report
10.4.7T.Commission may require further information
10.4.7U.Updating information
10.4.7V.Costs of investigating
10.4.7W.Service agreement
10.4.7X.Powers of Secretary
Division 1D--Investigations of applications for monitoring licence, wagering and betting licence or keno licence
10.4.7Y.Definitions
10.4.7Z.Investigations and inquiries
10.4.7ZA.Photographs, finger prints and palm prints
10.4.7ZB.Police inquiry and report
10.4.7ZC.Commission may require further information
10.4.7ZD.Updating information
10.4.7ZE.Costs of investigating
10.4.7ZF.Service agreement
10.4.7ZG.Powers of Secretary
Division 2--General investigatory powers of Commission
10.4.8. Definitions
10.4.10.Provision of information
Division 3--Information gathering for law enforcement purposes
10.4.11.Information gathering for law enforcement purposes
PART 4A--MONITORING OF RELATIONSHIPS WITH ASSOCIATES
Division 1--Interpretation
10.4A.1.Definitions
10.4A.2.Relevant interests
10.4A.3.References to the Corporations Act
Division 2--Notifications in relation to associates
10.4A.4.Change in situation of gambling industry participants, associates etc.
10.4A.5.Notification of Commission of persons who are likely to become associates
10.4A.6.Notification of Commission of persons who have become associates
Division 3--Commission approval
10.4A.7.Prior Commission approval required before certain persons become associates
Division 1--of Part 4 of Chapter 10 provides for the investigation of an application to approve a person to become an associate of a gambling industry participant.
Division 4--Termination of associations, warnings and undertakings
10.4A.8.Termination of association
10.4A.9.Written warnings and undertakings in relation to conduct of associates
Division 5--Forfeiture and sale of shares in gambling industry participants
10.4A.10.Disposal, forfeiture etc. of shares
10.4A.11.Sale of forfeited shares
Division 6--Investigations for purposes of Divisions 4 and 5
10.4A.12.Investigation of associates and others
10.4A.13.Provision of information to Commission
10.4A.14.Reports to Minister
PART 5--COMPLIANCE AND ENFORCEMENT
Division 1--Inspectors
10.5.4. Police may perform functions of inspectors
10.5.5. Responsibilities of inspectors while on duty
Division 2--Functions of inspectors
10.5.7. Functions of inspectors
10.5.8. Right of entry
10.5.9. Powers of inspectors
10.5.10.Power to require names and addresses
10.5.11.Inspector to investigate complaints
10.5.12.Search warrants
10.5.13.Announcement before entry
10.5.14.Copy of warrant to be given to occupier or person in charge of vehicle
10.5.14B.Application of Division to personal electronic devices
Division 3--Offences
10.5.15.Offences relating to obstruction of inspectors
10.5.16.False or misleading information
10.5.17.Impersonation of inspectors or commissioners
10.5.18.Bribery of authorised person
10.5.19.Protection against self-incrimination
Division 4--Infringement notices
10.5.20.Power to serve a notice
10.5.21.Prescribed infringement penalty
10.5.27.Proof of prior convictions
Division 5--Forfeiture
10.5.28.Forfeiture
10.5.29.Seizure and forfeiture of equipment
Division 6--Prosecutions and evidentiary provisions
10.5.30.Offences by bodies
10.5.31.Proceedings
10.5.32.Evidence
PART 6--SELF EXCLUSION PROGRAMS ANDRESPONSIBLE GAMBLING CODES OF CONDUCT
Division 1--Self-exclusion programs
10.6.1. Ministerial direction about self-exclusion programs
10.6.2. Change in Ministerial direction about self‑exclusion programs
10.6.3. Review of direction about self-exclusion programs
10.6.4. Regulations prevail over direction
Division 2--Responsible GamblingCodes of Conduct
10.6.5. Definition
10.6.6. Ministerial direction about Responsible Gambling Codes of Conduct
10.6.7. Change in Ministerial direction about Responsible Gambling Codes of Conduct
10.6.8. Review of direction about Responsible Gambling Codes of Conduct
10.6.9. Regulations prevail over direction
PART 7--MINORS
10.7.1. Definitions
10.7.2. Application of Part
10.7.3. Offences in respect of allowing a minor to gamble
10.7.4. Offence to assist minor to gamble
10.7.5. Offence by minor to gamble
10.7.6. Offences in respect of minors in a gaming machine area or casino
10.7.7. Offence by minor to enter gaming machine area or casino
10.7.8. Offence by minor using false evidence of age
10.7.9. Notices to be displayed
10.7.10.Supervision of vending machines
10.7.11.No offence if gambling employee a minor
10.7.12.Defences
10.7.13.Proof of age may be required
PART 1--ADMINISTRATIVE PROVISIONS
Division 1--Service of documents
11.1.1. Service of documents on Commission
11.1.2. Service of documents on other persons
Division 2--Records and forms
11.1.3. Records not kept in writing
11.1.4. Sufficient compliance with approved forms
Division 3--General
11.1.5. Destruction of finger prints and palm prints
11.1.6. Refund of fees
11.1.7. Supreme Court—limitation of jurisdiction
11.1.8. No entitlement to or legitimate expectation of licence
PART 2--REGULATIONS
11.2.1. Regulations
PART 2--TRANSITIONAL PROVISIONS
12.2.1. Transitional provisions
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 7
ENDNOTES
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