Victorian Numbered Acts

LIQUOR AND GAMBLING LEGISLATION AMENDMENT ACT 2018 (NO. 20 OF 2018) - SECT 67

After Part 8 of Chapter 4 of the Gambling Regulation Act 2003 insert —

" Part 8A—Harm minimisation directions—wagering service providers

        4.8A.1     Definitions

In this Part—

"harm minimisation direction" means a direction made or varied under section 4.8A.2;

"harm minimisation requirement" means a matter under section 4.8A.3 that may be specified in a harm minimisation direction.

        4.8A.2     Harm minimisation direction

    (1)     The Minister may direct a wagering service provider to meet a specified harm minimisation requirement by notice published in the Government Gazette.

    (2)     The Minister must not give a direction under subsection (1) unless the Minister is satisfied it is in the public interest to do so.

    (3)     The Minister may vary or revoke a direction by notice published in the Government Gazette.

    (4)     A direction under subsection (1) including a variation or revocation of the direction, applies on and from the publication of the notice in the Government Gazette or on any later date specified in the direction.

    (5)     A direction remains in force until it is revoked by the Minister.

        4.8A.3     Harm minimisation requirement matters

    (1)     A harm minimisation direction may specify all or any of the following matters in relation to a wagering service provider—

        (a)     any matter that the wagering service provider must comply with in relation to the minimisation of harm or consumer protection;

        (b)     how the wagering service provider must comply with any matter in relation to the minimisation of harm or consumer protection;

        (c)     that the wagering service provider must comply with the whole or part of the requirements set out in a prescribed document;

        (d)     how the wagering service provider must meet any of the requirements set out in a prescribed document.

    (2)     A harm minimisation direction may—

        (a)     apply generally or be of limited application; or

        (b)     apply differently according to differences in time, place or circumstance.

        4.8A.4     Tabling and disallowance

    (1)     The Minister must ensure that a harm minimisation direction or a variation or a revocation of a harm minimisation direction is tabled in each House of the Parliament on or before the sixth sitting day after—

        (a)     the date on which the notice of the harm minimisation direction is published in the Government Gazette under section 4.8A.2(4); or

        (b)     the date on which notice of the variation or revocation is published in the Government Gazette under section 4.8A.2(4).

    (2)     A harm minimisation direction or a variation or a revocation of a harm minimisation direction may be disallowed by the Parliament.

    (3)     If a harm minimisation direction or a variation or a revocation of a direction is disallowed by the Parliament, no direction, variation or revocation of a direction which is the same in substance as the disallowed direction, variation or revocation of a direction may be made within 6 months after the date of the disallowance unless it is made with the approval of the Parliament.

    (4)     Any harm minimisation direction or a variation or a revocation of a direction made in contravention of subsection (3) is void and of no effect.

        4.8A.5     Act prevails over harm minimisation direction

A harm minimisation direction is of no effect to the extent that it is inconsistent with this Act.

        4.8A.6     Offence to not comply with a harm minimisation direction

A wagering service provider must comply with a harm minimisation direction that applies to the wagering service provider.

Penalty:     60 penalty units.".

Division 4—Miscellaneous amendments