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Racing and Gaming Acts (Police Powers) Bill
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
PART 1--PRELIMINARY
Clause 1 sets out the purposes of the Bill. The Bill amends the Racing
Act 1958 to enable the Chief Commissioner of Police to issue
exclusion orders for race-courses and amends the Casino
Control Act 1991 to extend the scope of exclusion orders issued
by the Chief Commissioner of Police under that Act so that they
can apply to the Casino Complex.
Clause 2 provides for the Bill to come into operation on the day after
Royal Assent.
PART 2--AMENDMENT OF RACING ACT 1958
Clause 3 inserts definitions of "chief steward", "controlling body",
"exclusion order", "police member", "specified race-course" and
"steward" into section 3 of the Racing Act 1958 for the purposes
of Part I of that Act.
"chief steward" is defined in relation to a controlling body to
mean the person appointed as chairman of stewards by Racing
Victoria, the person appointed as chairman of stewards by
Harness Racing Victoria and the person appointed as chief
steward by Greyhound Racing Victoria.
"controlling body" is defined to mean the same as in Part IIIB of
the Racing Act 1958. Controlling body is defined in Part IIIB to
mean Racing Victoria for horse racing, Harness Racing Victoria
for harness racing and Greyhound Racing Victoria for greyhound
racing.
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551304 BILL LA INTRODUCTION 18/5/2005
"exclusion order" is defined to mean a written order given under
section 33 of the Racing Act 1958.
"police member" is defined to mean a member of the force within
the meaning of the Police Regulation Act 1958.
"specified race-course" is defined to mean an area of land
described in Schedule 2 to the Bill or an area of land that is
prescribed to be a specified race-course by regulations made
under the Racing Act 1958.
"steward" is defined to mean the same as in Part IIIB of the
Racing Act 1958.
Sub-clause (2) inserts a new section 3(5) into the Racing Act
1958. It provides that the duration of a race-meeting must be
determined in accordance with section 14A of that Act.
This means that unless the Minister for Racing otherwise directs,
a race-meeting must start and finish on the same day and is
deemed to have commenced 1 hour before the advertised starting
time of the first race and to finish 1 hour after the actual starting
time of the last race at the meeting.
Clause 4 inserts a new Division 5 into Part I of the Racing Act 1958.
The new Division provides for the making of exclusion orders
by the Chief Commissioner of Police.
New section 33 enables the Chief Commissioner of Police to
issue a written order to a person that excludes them from entering
or remaining on a specified race-course or specified race-courses.
The Chief Commissioner of Police can only issue an order under
the section if he or she considers it necessary in the public
interest. An order cannot be made in respect of a person who
holds a bookmaking licence or an occupational racing licence
under Part IIIC of the Racing Act 1958.
New section 34 provides that an exclusion order remains in force
until revoked by the Chief Commissioner of Police.
New section 35(1) requires the Chief Commissioner of Police to
prepare and keep a list of names of persons who are excluded
from specified race-courses by an exclusion order made under
new section 33.
New section 35(2) requires the Chief Commissioner of Police to
update the list whenever an exclusion order is made, amended or
revoked.
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New section 35(3) requires the Chief Commissioner of Police to
provide the chief steward of each of the controlling bodies with a
copy of the list, and of each update of the list, as soon as
practicable.
New section 35(4) requires the Chief Commissioner of Police to
give the chief steward of each of the controlling bodies a
photograph, if he or she has one, of each person on the list of
excluded persons that the Commissioner has provided under new
section 35(3).
New section 35A enables the chief steward of each controlling
body to give a copy of the list and photographs provided to them
under new section 35 to a steward.
New section 35B provides that a person who is subject to an
exclusion order relating to a specified race course must not enter
or remain on the specified race-course during a race-meeting.
New section 35C requires a steward to notify a member of the
police if he or she reasonably believes that a person is present on
a specified race-course during a race-meeting in contravention of
an exclusion order.
New section 35D enables a member of the police, on being
authorised by a steward, to enter any part of a specified race-
course to which the public does not have access, for the purpose
of enforcing an exclusion order during a race-meeting.
Clause 5 inserts a new Schedule 2 into the Racing Act 1958.
The Schedule lists and describes race-courses that are specified
race-courses for the purpose of exclusion orders made under new
section 33.
PART 3--AMENDMENT OF CASINO CONTROL ACT 1991
Clause 6 substitutes a new section 1 in the Casino Control Act 1991.
The new section provides that the purposes of the Casino
Control Act 1991 are--
· to establish a system for the licensing, supervision and
control of casinos with the aims of--
· ensuring that the management of casinos remains
free from criminal influence or exploitation; and
· ensuring that gaming in casinos is conducted
honestly; and
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· promoting tourism, employment, and economic
development generally in Victoria; and
· to provide for actions that may be taken by the Chief
Commissioner of Police with the aim of ensuring that
the casino complex remains free from criminal
influence or exploitation.
Clause 7 inserts a definition of "casino complex" into section 3(1) of the
Casino Control Act 1991 and amends the definitions of
"exclusion order" and "public interest" in that section.
"casino complex" is defined to mean the land shown in the colour
grey on the plan lodged in the Central Plan Office of the
Department of Sustainability and Environment and numbered
LEGL./05-141 that is open to the public but excluding Kings
Way.
Sub-clause (b) amends the definition of "exclusion order" to
include an order made prohibiting a person from entering or
remaining in the casino complex. This will extend the definition
of exclusion order which currently includes an order made under
section 72 or 74 of the Casino Control Act 1991 prohibiting a
person from entering or remaining in a casino.
Sub-clause (c) amends the definition of "public interest" so that
the definition of public interest contained in section 3(1) of the
Casino Control Act 1991 will not apply to the term when used
in section 74 of that Act. Section 74 provides for the making of
exclusion orders by the Chief Commissioner of Police.
Clause 8 sub-clause (1) amends section 74(1) of the Casino Control Act
1991 to enable the Chief Commissioner of Police to issue an
exclusion order for the casino complex and provides that the
Chief Commissioner of Police may only issue an exclusion order
for the casino or the casino complex if he or she considers it
necessary in the public interest.
Sub-clause (2) inserts a new section 74(1A) into the Casino
Control Act 1991 which requires an order issued under section
74(1) for the casino complex to include a copy of the plan of the
casino complex that has been lodged in the Central Plan Office of
the Department of Sustainability and Environment.
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Clause 9 amends section 76(1) of the Casino Control Act 1991 which
requires the preparation of a list of excluded persons so that the
different types of exclusion order that the list must cater for is set
out. That is exclusion orders under section 72 (that are made by
the Commission or the casino operator or the person for the time
being in charge of a casino, in relation to the casino) and
exclusion orders under section 74 (that are made by the Chief
Commissioner of Police in relation to the casino or the casino
complex). Section 76(1) also refers to interstate exclusion orders.
Clause 10 substitutes a new section 77 in the Casino Control Act 1991.
New section 77(1) provides that a person who is the subject of an
exclusion order under section 72 of the Casino Control Act
1991 must not enter or remain in the casino.
New section 77(2) provides that a person who is the subject of an
exclusion order issued under section 74 of the Casino Control
Act 1991 in relation to the casino or casino complex must not
enter or remain in the casino or casino complex.
New section 77(3) provides that a person who is the subject of an
interstate exclusion order must not enter or remain in the casino.
Clause 11 inserts new section 77A into the Casino Control Act 1991.
New section 77A provides that only a member of the police
force can bring proceedings for an offence against sections 77(2)
or 77(3), notwithstanding section 10.5.31 of the Gambling
Regulation Act 2003. The offences under new sections 77(2)
and 77(3) relate to exclusion orders issued by the Chief
Commissioner of Police and interstate exclusion orders.
Clause 12 sub-clause (1) amends section 78(2) of the Casino Control Act
1991 so that it continues to require the person for the time being
in charge of the casino, an agent of the casino operator or a
casino employee, who reasonably believes a person is in the
casino in contravention of an exclusion order issued under
section 72, to notify an inspector as soon as practicable.
However the section no longer applies to exclusion orders issued
under section 74 or to interstate exclusion orders.
Sub-clause (2) amends section 78(4)(a) of the Casino Control
Act 1991 so that it applies only to exclusion orders issued under
section 72. It provides that it is lawful for a person to whom
section 78 applies, using no more force than is necessary, to
prevent a person who is the subject of an exclusion order under
section 72 from entering the casino and to remove or cause such
a person to be removed from the casino.
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Clause 13 inserts new sections 78AA and 78AB into the Casino Control
Act 1991.
New section 78AA requires the person for the time being in
charge of the casino, an agent of the casino operator or a casino
employee, who reasonably believes a person is in the casino in
contravention of an interstate exclusion order or an exclusion
order issued under section 74, to notify a member of the police
force as soon as practicable.
New section 78AB enables the Victorian Commission for
Gambling Regulation or an inspector who reasonably believes a
person is in the casino in contravention of an interstate exclusion
order or an exclusion order issued under section 74 of the Casino
Control Act 1991 to notify a member of the police force.
Clause 14 makes a consequential amendment to section 78A of the Casino
Control Act 1991 so that it specifically refers to exclusion orders
made under both sections 72 and 74 of the Casino Control Act
1991.
Clause 15 inserts new section 169 into the Casino Control Act 1991.
The section is a transitional provision and preserves the effect of
an exclusion order made under section 74 of the Casino Control
Act 1991 that is in force immediately before the Bill comes into
operation.
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