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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gaming Acts (Further Amendment) Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--GAMING AND BETTING ACT 1994 3
3. Principal Act 3
4. Quarterly statement of costs and expenses 3
5. Prohibited shareholding 3
6. Approved betting competitions 3
7. Tax on under par subsidies 3
PART 3--GAMING MACHINE CONTROL ACT 1991 5
8. Principal Act 5
9. Insertion of new section 26A 5
26A. Renewal of venue operator's licence 5
10. Disciplinary action 7
11. Installation of gaming equipment 8
12. Investigation of complaints 9
13. Audit 9
14. Statute law revision 10
PART 4--CLUB KENO ACT 1993 11
15. Principal Act 11
16. Definitions 11
17. Prizes fund 11
18. Substitution of section 7 12
7. Duty payable by participants 12
PART 5--TATTERSALL CONSULTATIONS ACT 1958 14
19. Principal Act 14
20. Turnover tax 14
21. Abolition of Lotteries Development Fund 15
22. Abolition of Gold Lottery Consultations 15
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Clause Page
23. Appropriation of duty 15
24. Commission paid to accredited representatives 15
25. Insertion of new section 12 16
12. Transitional 16
NOTES 17
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531178B.I1-18/3/97
PARLIAMENT OF VICTORIA
A BILL
to amend the Gaming and Betting Act 1994, the Gaming Machine
Control Act 1991, the Club Keno Act 1993 and the Tattersall
Consultations Act 1958 and for other purposes.
Gaming Acts (Further Amendment) Act
1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make miscellaneous
amendments to the Gaming and Betting Act
5 1994, the Gaming Machine Control Act 1991,
the Club Keno Act 1993 and the Tattersall
Consultations Act 1958.
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Gaming Acts (Further Amendment) Act 1997
s. 2
Act No.
2. Commencement
(1) Parts 1, 2 and 3 (except sections 9 and 11) come
into operation on the day on which this Act
receives the Royal Assent.
5 (2) Part 5 comes into operation on 1 July 1997.
(3) Subject to sub-section (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
10 not come into operation before 6 January 1998, it
comes into operation on that day.
_______________
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Gaming Acts (Further Amendment) Act 1997
s. 3
Act No.
PART 2--GAMING AND BETTING ACT 1994
3. Principal Act
No. 37/1994
In this Part, the Gaming and Betting Act 1994 is as amended
called the Principal Act. by Nos
98/1994,
42/1995,
44/1995,
4/1996 and
17/1996.
5 4. Quarterly statement of costs and expenses
(1) Section 95 of the Principal Act is repealed.
(2) In section 92A of the Principal Act, omit "or 95".
5. Prohibited shareholding
(1) In section 53(1) of the Principal Act--
10 (a) for paragraphs (a) and (b) substitute--
"(a) is entitled to voting shares in the
licensee that together constitute more
than 5% of the total number of voting
shares in the licensee;";
15 (b) omit paragraph (d).
(2) Section 54 of the Principal Act is repealed.
6. Approved betting competitions
In section 68(4) of the Principal Act, after
"competition" insert "conducted in accordance
20 with a licence granted under this Act".
7. Tax on under par subsidies
(1) In section 74(1)(a) of the Principal Act, after
"73(1)" insert "less any amount referred to in sub-
section (1A)".
25
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Gaming Acts (Further Amendment) Act 1997
s. 7
Act No.
(2) In section 74 of the Principal Act, after sub-
section (1) insert--
"(1A) If the calculated dividend on an amount
invested in a totalisator is less than the
5 minimum dividend payable under the betting
rules or the regulations, the difference
between the minimum dividend and the
calculated dividend is not to be included in
the total amount referred to in sub-section
10 (1)(a).".
(3) In section 77(2)(a) of the Principal Act, after "76"
insert "less any amount referred to in sub-section
(2A)".
(4) In section 77 of the Principal Act, after sub-
15 section (2) insert--
"(2A) If the calculated dividend on an amount
invested in a totalisator is less than the
minimum dividend payable under the betting
rules or the regulations, the difference
20 between the minimum dividend and the
calculated dividend is not to be included in
the total amount referred to in sub-section
(2)(a).".
_______________
25
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Gaming Acts (Further Amendment) Act 1997
s. 8
Act No.
PART 3--GAMING MACHINE CONTROL ACT 1991
8. Principal Act
No. 53/1991.
In this Part, the Gaming Machine Control Act
Reprinted to
1991 is called the Principal Act. No. 44/1995
and
subsequently
amended by
Nos 17/1996,
18/1996 and
41/1996.
5 9. Insertion of new section 26A
After section 26 of the Principal Act insert--
"26A. Renewal of venue operator's licence
(1) The holder of a venue operator's licence
may, not earlier than 9 months before the
10 expiration of the current licence, apply to the
Authority for a new licence, in which case--
(a) the current licence continues in force,
unless sooner cancelled or surrendered,
until the new licence is issued or its
15 issue is refused; and
(b) if issued, the new licence must be taken
to have been granted on the day on
which the current licence was due to
expire and must be dated accordingly.
20 (2) An application for a new licence must be
made in or to the effect of a form approved
by the Authority and must be accompanied
by the prescribed fee.
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Gaming Acts (Further Amendment) Act 1997
Act No.
(3) This Act (except sections 19(4), 19(5), 20(2),
21(1)(c), 21(2)(f) and 21(2)(g)) applies to
and in relation to--
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Gaming Acts (Further Amendment) Act 1997
s. 10
Act No.
(a) an application under this section for a
new licence; and
(b) the determination of such an
application; and
5 (c) any licence issued as a result of such an
application--
as if the application has been made by a
person other than a venue operator.".
10. Disciplinary action
10 (1) In section 30(1) of the Principal Act, in paragraph
(ea) of the definition of "grounds for disciplinary
action", for sub-paragraph (vii) substitute--
"(vii) whether or not in Victoria--
(A) an indictable offence; or
15 (B) an offence which, if committed in
Victoria, would be an indictable
offence--
the nature or circumstances of which, in the
opinion of the Authority, relate to an
20 approved venue of the venue operator;".
(2) In section 30(7A) of the Principal Act, for
paragraph (g) substitute--
"(g) whether or not in Victoria--
(i) an indictable offence; or
25 (ii) an offence which, if committed in
Victoria, would be an indictable
offence--
the nature or circumstances of which, in the
opinion of the Director, relate to an approved
30 venue of the venue operator.".
(3) In section 30 of the Principal Act, after sub-
section (9) insert--
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Gaming Acts (Further Amendment) Act 1997
s. 11
Act No.
"(10) This section as amended by section 10 of the
Gaming Acts (Further Amendment) Act
1997 applies to a person charged with or
convicted or found guilty of an offence after
5 the commencement of section 10 of that
Act.".
11. Installation of gaming equipment
(1) In section 77(1) of the Principal Act--
(a) in paragraph (b), for "Authority; and"
10 substitute "Authority.";
(b) omit paragraph (c).
(2) In section 77 of the Principal Act, after sub-
section (1D) insert--
"(1E) A gaming operator must not allow gaming to
15 commence on gaming equipment in respect
of which certificates under sub-sections (1A)
and (1C)--
(a) have not been signed; or
(b) have been signed in contravention of
20 sub-section (1B) or (1D).
Penalty: 1000 penalty units.".
(3) In section 77 of the Principal Act, for sub-section
(2) substitute--
"(2) A gaming operator who installs gaming
25 equipment, or causes gaming equipment to
be installed, at an approved venue must give
notice to the Authority of--
(a) particulars of the gaming equipment;
and
30 (b) the date and time of commencement of
gaming on the gaming equipment--
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Gaming Acts (Further Amendment) Act 1997
s. 12
13
Act No.
not later than the next day on which the
Authority is open for business after that
commencement.
Penalty: 100 penalty units.
5 (2A) A notice under sub-section (2) must be in a
form approved by the Director.".
12. Investigation of complaints
(1) In section 125 of the Principal Act, sub-section (2)
is repealed.
10 (2) In section 125 of the Principal Act, for sub-
sections (3) and (4) substitute--
"(3) If, as a result of the investigation, the
inspector is satisfied that there has been a
contravention of a provision of this Act, the
15 inspector--
(a) must report the matter to the Director in
writing; and
(b) subsequently must notify the venue
operator and the relevant gaming
20 operator of the substance of the
complaint and give each of the
operators an opportunity to respond to
the complaint within a reasonable
period to be specified in the notice.
25 (3A) Sub-section (3)(b) does not apply to a
complaint in respect of which the Director
decides to take no further action.
(4) The inspector must inform the complainant
of the results of the investigation of the
30 complaint and of any action taken as a
consequence of it.".
13. Audit
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Gaming Acts (Further Amendment) Act 1997
Act No.
(1) In section 3(1) of the Principal Act, in paragraph
(b) of the definition of "gaming operator", after
"sections" insert "134,".
(2) In section 134 of the Principal Act, omit "and an
5 operator under the gaming licence" (wherever
occurring).
14. Statute law revision
(1) In section 119(d) of the Principal Act, for "ability"
substitute "suitability".
10 (2) In section 136 of the Principal Act, sub-section
(3A) is repealed.
(3) In section 136(3D) of the Principal Act--
(a) for "sub-sections (2) and (3)" substitute
"sub-section (3)"; and
15 (b) for "continue" substitute "continues".
(4) Sections 160, 161 and 162 of the Principal Act are
repealed.
_______________
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Gaming Acts (Further Amendment) Act 1997
s. 15
Act No.
PART 4--CLUB KENO ACT 1993
15. Principal Act
No. 56/1993.
In this Part, the Club Keno Act 1993 is called the
Reprint No. 1
Principal Act. as at 24
October 1996.
5 16. Definitions
In section 3 of the Principal Act--
(a) insert the following definitions--
' "approved venue" has the same meaning
as in the Gaming Machine Control
10 Act 1991;
"gaming revenue", in relation to a week,
means the amount received by the
participants for club keno games
conducted by the participants in the
15 week less the sum of all prizes payable
in respect of those games;
"venue operator" has the same meaning as
in the Gaming Machine Control Act
1991;';
20 (b) in the definition of "participants", for
"participants' net profit" substitute "gaming
revenue";
(c) omit the definition of "participants' net
profit".
25 17. Prizes fund
In section 5(2) of the Principal Act, for "82·5 per
centum of the total amount subscribed to"
substitute "75 per centum of the total amount
received by the participants for".
30
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Gaming Acts (Further Amendment) Act 1997
s. 18
Act No.
18. Substitution of section 7
For section 7 of the Principal Act substitute--
"7. Duty payable by participants
(1) In this section, "week" means a period of 7
5 days commencing on a Sunday and ending
on the following Saturday.
(2) The participants must pay in respect of club
keno games conducted during each week--
(a) to the Treasurer, in accordance with
10 arrangements approved by the
Treasurer, for payment into the
Consolidated Fund, 331/3 per centum of
the gaming revenue for the week, such
payment to be made on the next
15 Tuesday after the end of the week; and
(b) to the venue operator of an approved
venue in which tickets in club keno
games are sold during the week, an
amount calculated in accordance with
20 the formula--
GR V
×
3 T
where--
GR is the gaming revenue for the week;
T is the total amount received by the
25 participants for club keno games
conducted during the week;
V is the amount received at the
approved venue for club keno games
conducted during the week.
30 (3) If, in respect of a week, the amount of all
prizes payable in respect of club keno games
conducted during the week exceeds the
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Gaming Acts (Further Amendment) Act 1997
s. 18
Act No.
amount received by the participants for those
games, the amount of that excess may be
applied to reduce the gaming revenue for the
next or a subsequent week for the purposes
5 of determining the amounts payable under
sub-section (2)(a) in respect of that week.
(4) An amount payable under this section is a
debt and may be recovered in a court of
competent jurisdiction.
10 (5) An amount equal to the amount paid into the
Consolidated Fund under sub-section (2)(a)
must, in respect of each relevant period, be
paid out of the Consolidated Fund (which is
to the necessary extent appropriated
15 accordingly) into the Hospitals and Charities
Fund under the Health Services Act 1988
and the Mental Hospitals Fund under the
Tattersall Consultations Act 1958, in the
proportions determined by the Treasurer.
20 (6) This section as amended by section 18 of the
Gaming Acts (Further Amendment) Act
1997 applies in respect of a week
commencing on or after the day on which
that section commences.".
25 _______________
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Gaming Acts (Further Amendment) Act 1997
s. 19
Act No.
PART 5--TATTERSALL CONSULTATIONS ACT 1958
19. Principal Act
No. 6390. In this Part, the Tattersall Consultations Act
Reprinted to
1958 is called the Principal Act.
No. 73/1993
and
subsequently
amended by
No. 98/1995.
5 20. Turnover tax
(1) In section 6 of the Principal Act, for sub-sections
(1) and (1A) substitute--
"(1) The promoter must pay to the Treasurer for
payment into the Consolidated Fund--
10 (a) in respect of each Consultation
conducted under the licence a duty
equal to 35·55 per centum of the
amount subscribed to the Consultation;
and
15 (b) in respect of each soccer football pool
conducted under the licence a duty
equal to 34 per centum of the amount
subscribed to the soccer football pool;
and
20 (c) an amount equal to 25 per centum of
the promoter's net profit for the relevant
period.".
(2) In section 6(1B) of the Principal Act--
(a) after "under" (where first occurring) insert
25 "paragraphs (a) and (b) of"; and
(b) for "sub-section (1A)" substitute "paragraph
(c) of sub-section (1)".
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Gaming Acts (Further Amendment) Act 1997
s. 21
Act No.
21. Abolition of Lotteries Development Fund
(1) Section 6AA of the Principal Act is repealed.
(2) On the repeal of section 6AA of the Principal Act
the balance of money standing to the credit of the
5 Lotteries Development Fund must be paid to the
promoter.
22. Abolition of Gold Lottery Consultations
(1) In section 3 of the Principal Act--
(a) in the definition of "Consultation", omit
10 paragraph (b);
(b) the definition of "Gold Lottery Consultation"
is repealed.
(2) Section 7B of the Principal Act is repealed.
23. Appropriation of duty
15 In section 7(1) of the Principal Act, for "other
than a Gold Lottery Consultation and an amount
equal to one-third of" substitute "and an amount
equal to".
24. Commission paid to accredited representatives
20 In section 3 of the Principal Act, for the definition
of ' "amount subscribed" or "total subscriptions" '
substitute--
' "amount subscribed" or "total subscriptions",
in relation to a Consultation or soccer
25 football pool, does not include--
(a) an amount determined by multiplying
by 10 cents the number of tickets issued
in Victoria in the Consultation or
soccer football pool; or
30 (b) an amount paid or payable to an
accredited representative of the
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Gaming Acts (Further Amendment) Act 1997
s. 25
Act No.
promoter as commission on the issue of
tickets in the Consultation or soccer
football pool;'.
25. Insertion of new section 12
5 After section 11 of the Principal Act insert--
"12. Transitional
(1) This Act as amended by section 20 of the
Gaming Acts (Further Amendment) Act
1997 applies to--
10 (a) Consultations and soccer football pools
conducted on or after 1 July 1997; and
(b) a relevant period commencing on or
after 1 July 1997.
(2) This Act as amended by section 23 of the
15 Gaming Acts (Further Amendment) Act
1997 applies to all duty paid into the
Consolidated Fund in respect of soccer
football pools during each financial year
ending after 1 July 1997.".
20
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Gaming Acts (Further Amendment) Act 1997
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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531178B.I1-18/3/97
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