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PARLIAMENT OF VICTORIA
Gaming Acts (Further Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--CASINO CONTROL ACT 1991 3
3. Restrictions on employment 3
4. Statute law revision 3
PART 3--CASINO (MANAGEMENT AGREEMENT) ACT 1993 5
5. Principal Act 5
6. Amendment of definitions 5
7. Insertion of new section 6E 5
6E. Ratification of the fifth Deed of Variation 5
8. Amendment of section 7 6
9. Insertion of Schedule 6 6
PART 4--CLUB KENO ACT 1993 10
10. Principal Act 10
11. Definitions 10
12. Declaration of participant 11
13. Regulations 11
14. Repeal of spent provisions 11
PART 5--GAMING AND BETTING ACT 1994 12
15. Amendment of section 51 12
16. Amendment of section 128 12
PART 6--GAMING MACHINE CONTROL ACT 1991 13
17. Principal Act 13
18. Declaration of operator 13
19. Amendment of section 12A 14
20. Amendment of section 12D 14
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532101B.I1-21/10/98
Clause Page
21. Amendment of section 30 14
22. Manufacturers and suppliers 14
23. Malfunction of gaming machines 15
24. Delegation 16
25. Returns by gaming operators 16
26. New section 136B inserted 16
136B. Interest on late payment 16
27. Statute law revision 17
PART 7--GAMING NO. 2 ACT 1997 19
28. Principal Act 19
29. Applicant for permit under Part 4 19
30. Trade promotion lotteries 19
28A. Nominee of holder of permit 19
31. Operators need not be natural persons 20
32. New section 39A inserted 21
39A. Nominee of licensee 21
33. Amendment of section 47 22
34. Employees licence 22
35. New section 62 substituted 23
62. Duration of employee's licence 23
36. Banking 23
37. Disciplinary action 23
38. Suspension of permit or licence 24
39. Delegation 26
PART 8--TATTERSALL CONSULTATIONS ACT 1958 27
40. Declaration of operator 27
NOTES 29
ii
532101B.I1-21/10/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Casino Control Act 1991, the Casino (Management
Agreement) Act 1993, the Club Keno Act 1993, the Gaming and
Betting Act 1994, the Gaming Machine Control Act 1991, the
Gaming No. 2 Act 1997 and the Tattersall Consultations Act 1958
and for other purposes.
Gaming Acts (Further Amendment) Act
1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to amend the Casino
Control Act 1991, the Casino (Management
5 Agreement) Act 1993, the Club Keno Act 1993, the
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Gaming Acts (Further Amendment) Act 1998
s. 2
Act No.
Gaming and Betting Act 1994, the Gaming Machine
Control Act 1991, the Gaming No. 2 Act 1997 and
the Tattersall Consultations Act 1958.
2. Commencement
5 (1) Subject to this section, this Act comes into
operation on the day on which this Act receives
the Royal Assent.
(2) Sections 29, 30, 31 and 32 come into operation on
1 March 1999.
10 (3) Section 36 comes into operation on 1 June 1999.
_______________
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Gaming Acts (Further Amendment) Act 1998
s. 3
Act No.
PART 2--CASINO CONTROL ACT 1991
No. 47/1991.
3. Restrictions on employment
Reprint No. 3
as at 8 May
In section 152 of the Casino Control Act 1991--
1997 and
subsequently
(a) sub-sections (3) and (4) are repealed; amended by
Nos 16/1997
5 (b) in sub-section (5), omit ", (3) or (4) or by and 46/1998.
section 111".
4. Statute law revision
(1) In the Casino Control Act 1991--
(a) in section 115(2)(a) for "not less that"
10 substitute "not less than";
(b) in section 128D(2)(c) after "project;" insert
"and".
(2) In section 167 of the Casino Control Act 1991,
for sub-sections (3) and (4) substitute--
15 "(3) The Regulations are subject to disallowance
by a House of the Parliament.
(4) If a regulation made under this Act is
disallowed by the Parliament or a House of
the Parliament, no regulation which is the
20 same in substance as the disallowed
regulation may be made within 6 months
after the date of the disallowance, unless--
(a) if the regulation was disallowed by one
House of the Parliament, that House
25 approves the making of a regulation the
same in substance as the disallowed
regulation; or
(b) if the regulation was disallowed by
both Houses of the Parliament, each
30 House approves the making of a
regulation the same in substance as the
disallowed regulation.".
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Gaming Acts (Further Amendment) Act 1998
s. 4
Act No.
_______________
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Gaming Acts (Further Amendment) Act 1998
s. 5
Act No.
PART 3--CASINO (MANAGEMENT AGREEMENT) ACT 1993
No. 94/1993.
5. Principal Act
Reprint No. 2
as at
In this Part, the Casino (Management
5 September
Agreement) Act 1993 is called the Principal Act. 1997 and
subsequently
amended by
No. 16/1997.
5 6. Amendment of definitions
In section 4 of the Principal Act--
(a) in the definition of "the Agreement", after
"fourth Deed of Variation" insert "and the
fifth Deed of Variation";
10 (b) after the definition of "the fourth Deed of
Variation" insert--
' "the fifth Deed of Variation" means the
deed of variation to the management
agreement for the Melbourne Casino
15 Project, a copy of which is set out in
Schedule 6.'.
7. Insertion of new section 6E
After section 6D of the Principal Act insert--
"6E. Ratification of the fifth Deed of Variation
20 (1) The fifth Deed of Variation is ratified and
takes effect as if it had been enacted in this
Act.
(2) The Agreement is amended as provided in
the fifth Deed of Variation.
25 (3) A reference in clause 2.2 of the fifth Deed of
Variation to the coming into operation of the
Bill is deemed to be a reference to the date
5
532101B.I1-21/10/98
Gaming Acts (Further Amendment) Act 1998
s. 8
Act No.
on which the Gaming Acts (Further
Amendment) Act 1998 receives the Royal
Assent.".
8. Amendment of section 7
5 In section 7(2) of the Principal Act, after "6D(1)"
insert "or 6E(1)".
9. Insertion of Schedule 6
After Schedule 5 to the Principal Act insert--
"SCHEDULE 6
10 FIFTH DEED OF VARIATION TO THE MANAGEMENT
AGREEMENT
MELBOURNE CASINO PROJECT
DEED dated 1 October 1998
BETWEEN THE HONOURABLE ROGER M. HALLAM MLC, the
15 Minister of the Crown for the time being administering the
Casino Control Act acting for and on behalf of the State of
Victoria ('State')
AND CROWN LIMITED ACN 006 973 262 of 8 Whiteman
Street, Southbank, Victoria ('Company')
20 RECITALS
A. The State and the Company entered into an agreement dated
20 September 1993 ratified by and scheduled to the Casino
(Management Agreement) Act 1993 ('Management Agreement').
B. The Management Agreement was varied by:
25 (a) a deed of variation dated 14 November 1994 ratified
by and scheduled to the Casino (Management
Agreement) (Amendment) Act 1994;
(b) a deed of variation dated 12 October 1995 ratified by
and scheduled to the Casino (Management
30 Agreement) (Further Amendment) Act 1995;
(c) a deed of variation dated 3 June 1996 ratified by and
scheduled to the Gaming Acts (Amendment) Act 1996;
and
6
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Gaming Acts (Further Amendment) Act 1998
s. 9
Act No.
(d) a deed of variation dated 7 November 1996 ratified by
and scheduled to the Casino (Management
Agreement) (Amendment) Act 1996.
C. The parties have agreed to further vary the Management
5 Agreement as provided in this document.
AGREEMENT
1. Definitions
Unless the context otherwise requires or the contrary intention
appears, terms defined in the Casino Control Act or the
10 Management Agreement have the same meaning when used in this
document.
2. Ratification and operation of provisions
2.1 A Minister of the State must introduce and sponsor a Bill in the
Parliament of Victoria to ratify this document as soon as
15 reasonably practicable after its execution.
2.2 Clauses 3 and 4 of this document shall come into operation on the
date on which the Bill referred to in clause 2.1 receives Royal
Assent.
2.3 Clauses 1, 2, 5, 6 and 7 of this document shall come into operation
20 on the date of this document.
2.4 If the condition in clause 2.2 is not satisfied by 31 January 1999 or
such later date agreed by the parties, this document other than
clause 5 will terminate. Following such termination neither party
shall have any claim against the other with respect to any matter or
25 thing antecedent to or arising out of or done, performed, or
omitted to be done or performed under this document.
3. Variation of Management Agreement
The State and the Company agree to vary the Management
Agreement in the following manner:
30 (a) the definition of 'Completion Date' in clause 2 shall be
varied by deleting from paragraph (e) '1999' and substituting
'2003';
(b) clause 10.4 is varied by:
(i) deleting the words 'as soon as practicable'; and
35 (ii) inserting at the end of the clause the words 'within
sufficient time to enable their Completion by the
relevant Completion Date';
(c) clause 16.9(b) is varied by:
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Gaming Acts (Further Amendment) Act 1998
s. 9
Act No.
(i) inserting the words 'and section 81J of the Casino
Control Act' after the words 'clauses 22 and 22A'; and
(ii) deleting the word 'and' after the words 'Gross Gaming
Revenue' and substituting a comma; and
5 (iii) inserting the words 'and gross betting revenue' after
the words 'Commission Based Players' Gaming
Revenue'.
4. Bank Guarantee
4.1 On or before 1 January 2000, the Company must provide to the
10 State an unconditional guarantee or letter of credit issued by a
bank or banks acceptable to the State's Nominated Representative
and in a form approved by the State's Nominated Representative to
pay to the State on demand up to $25 000 000.
4.2 The guarantee or letter of credit required under clause 4.1 is to be
15 provided in substitution for the Bank Guarantee currently provided
to the State under clause 18.1 of the Management Agreement, and
will be the Bank Guarantee for the purposes of clause 18.2 of the
Management Agreement.
4.3 A breach by the Company of clause 4.1 shall be taken to be a
20 breach of the Management Agreement for the purposes of clause
25.2 of the Management Agreement.
5. Force Majeure Event
The Company acknowledges that none of the negotiation,
preparation and execution of this document, its ratification under
25 clause 2 or any of the circumstances relating to or giving rise to
the creation of this document has or will cause or create any
Government Action or Force Majeure Event.
6. Confirmation of other terms
6.1 The parties acknowledge and confirm that except as varied by this
30 document the terms and conditions of the Management Agreement
remain in full force and effect.
6.2 Without limiting clause 6.1, the Company acknowledges and
confirms that:
(a) subject to clause 16.3 of the Management Agreement, the
35 Company shall be liable for liquidated damages under
clause 17 of the Management Agreement if the Lyric
Theatre and the Southern Tower of the Hotel are not
Completed and open for business by the Completion Date;
and
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Gaming Acts (Further Amendment) Act 1998
s. 9
Act No.
(b) the Company must comply with the requirements of clause
13.1 of the Management Agreement in relation to materials,
fittings, equipment and workmanship utilised in carrying out
the construction of the Melbourne Casino Complex.
5 7. General provisions
Clauses 33 and 35 to 40 (inclusive) of the Management Agreement
apply to this document as if expressly included in this document.
EXECUTED as a deed.
SIGNED by THE HONOURABLE
ROGER M. HALLAM MLC for and on
ROGER M HALLAM
behalf of the State of Victoria in the presence
of
ANNA O'SULLIVAN
Signature of witness
THE COMMON SEAL of CROWN
L. S.
LIMITED is affixed in accordance with its
articles of association in the presence of
P ROWEC L J WILLIAMS
Secretary ".
Director
10 _______________
9
532101B.I1-21/10/98
Gaming Acts (Further Amendment) Act 1998
s. 10
Act No.
PART 4--CLUB KENO ACT 1993
10. 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 and
subsequently
amended by
Nos 15/1997,
93/1997 and
29/1998.
5 11. Definitions
In this section 3 of the Principal Act insert--
' "subsidiary"--
(a) in relation to the trustees, means a body
corporate that, if the trustees were a
10 body corporate, would be a subsidiary
of the trustees within the meaning of
the Corporations Law (but not a
subsidiary of another such body
corporate);
15 (b) in relation to a body corporate, means
another body corporate that is a
subsidiary of the first-mentioned body
corporate within the meaning of the
Corporations Law (but not a subsidiary
20 of another such body corporate);
"wholly-owned subsidiary", in relation to the
trustees, means a company--
(a) that is a subsidiary of the trustees or of
a body corporate that is a subsidiary of
25 the trustees; and
(b) none of whose members is a person
other than--
10
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Gaming Acts (Further Amendment) Act 1998
s. 12
Act No.
(i) the trustees;
(ii) a nominee of the trustees;
(iii) a subsidiary of the trustees, being
a subsidiary none of whose
5 members is a person other than--
(A) the trustees; or
(B) a nominee of the trustees;
(iv) a nominee of such a subsidiary.'.
12. Declaration of participant
10 In sections 3A(1) and (2), 3B(1), (2)(b) and (2)(d)
and 3C(1) of the Principal Act, for "wholly owned
and controlled by" substitute "a wholly-owned
subsidiary of".
13. Regulations
15 In section 15 of the Principal Act, for sub-section
(3) substitute--
"(3) The Regulations are subject to disallowance
by a House of the Parliament.".
14. Repeal of spent provisions
20 Sections 16 and 17 of the Principal Act are
repealed.
_______________
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Gaming Acts (Further Amendment) Act 1998
s. 15
Act No.
PART 5--GAMING AND BETTING ACT 1994
15. Amendment of section 51
No. 37/1994. In section 51(1) of the Gaming and Betting Act
Reprint No. 1
1994, the definition of "relevant offence" is
as at 28 July
5 repealed.
1997 and
subsequently
amended by
Nos 16/1997,
90/1997 and
46/1998.
16. Amendment of section 128
In section 128 of the Gaming and Betting Act
1994--
(a) in sub-section (4), omit "or the Director, as
10 the case requires";
(b) in sub-section (6), after "1991" insert ", a
casino operator under the Casino Control
Act 1991 or a person whose name is on the
Roll referred to in section 62 of the Gaming
15 Machine Control Act 1991".
_______________
12
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Gaming Acts (Further Amendment) Act 1998
s. 17
Act No.
PART 6--GAMING MACHINE CONTROL ACT 1991
No. 53/1991.
17. Principal Act
Reprint No. 5
as at 30 June
In this Part, the Gaming Machine Control Act
1998.
1991 is called the Principal Act.
5 18. Declaration of operator
(1) In section 3(1) of the Principal Act insert--
' "subsidiary"--
(a) in relation to the Trustees, means a
body corporate that, if the Trustees
10 were a body corporate, would be a
subsidiary of the Trustees within the
meaning of the Corporations Law (but
not a subsidiary of another such body
corporate);
15 (b) in relation to a body corporate, means
another body corporate that is a
subsidiary of the first-mentioned body
corporate within the meaning of the
Corporations Law (but not a subsidiary
20 of another such body corporate);
"wholly-owned subsidiary", in relation to the
Trustees, means a company--
(a) that is a subsidiary of the Trustees or of
a body corporate that is a subsidiary of
25 the Trustees; and
(b) none of whose members is a person
other than--
(i) the Trustees;
(ii) a nominee of the Trustees;
30 (iii) a subsidiary of the Trustees, being
a subsidiary none of whose
members is a person other than--
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Gaming Acts (Further Amendment) Act 1998
s. 19
22
Act No.
(A) the Trustees; or
(B) a nominee of the Trustees;
(iv) a nominee of such a subsidiary.'.
(2) In sections 3A(1) and (2), 3B(1), (2)(b) and (2)(d)
5 and 3C(1) of the Principal Act for "wholly owned
and controlled by" substitute "a wholly-owned
subsidiary of".
19. Amendment of section 12A
After section 12A(1)(d) of the Principal Act
10 insert--
"; or
(e) a licence of a kind referred to in paragraphs
(a) to (d) that is granted subject to a
condition under section 80 of the Liquor
15 Control Act 1987.".
20. Amendment of section 12D
In section 12D of the Principal Act for sub-section
(2) substitute--
"(2) In particular, the Authority must consider
20 whether the size, layout and facilities of the
premises are or will be suitable.".
21. Amendment of section 30
After section 30(4)(b) of the Principal Act
insert--
25 "; or
(c) the imposition of a fine.".
22. Manufacturers and suppliers
(1) In section 66 of the Principal Act, before sub-
section (1) insert--
14
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Gaming Acts (Further Amendment) Act 1998
Act No.
'(1A) In this section--
"disciplinary action" means removal of the
name of a person from the Roll, the
issuing of a letter of censure or the
5 imposition of a fine not exceeding
$5 000 000.'.
(2) In section 66(1) of the Principal Act, for "remove
the name of a person from the Roll" substitute
"take disciplinary action against a person listed on
10 the Roll whether before or after the
commencement of section 22 of the Gaming Acts
(Further Amendment) Act 1998".
(3) In section 66(2) of the Principal Act, for "why the
person's name should not be removed from the
15 Roll" substitute "why disciplinary action should
not be taken against the person".
23. Malfunction of gaming machines
(1) In section 83(1) of the Principal Act after
"suspects that the gaming machine" insert "or any
20 related gaming equipment".
(2) In section 84 of the Principal Act, for sub-section
(1) substitute--
"(1) A venue operator or a gaming operator must
not allow a gaming machine that is installed
25 in an approved venue of the venue operator
to be played, other than for testing purposes,
if--
(a) it does not function in the manner in
which it was designed and programmed
30 to function; or
(b) any related gaming equipment does not
function in the manner in which it was
designed and programmed to function
in relation to that gaming machine--
15
532101B.I1-21/10/98
Gaming Acts (Further Amendment) Act 1998
s. 24
26
Act No.
until the gaming machine or gaming
equipment is functioning in the manner in
which it was designed and programmed to
function.
5 Penalty: 100 penalty units.".
24. Delegation
In section 107A(1A) of the Principal Act, for
"Division 4 of Part 3" substitute "section 12B(5),
12C(2), 12D, 12E, 12F, 12H, 12K, 20(3), 21, 22,
10 23, 25, 25A, 30, 31 or 38 or Division 4 of Part 3".
25. Returns by gaming operators
In section 136 of the Principal Act, for sub-section
(5) substitute--
'(5) In this section--
15 "daily net cash balance", in relation to a
gaming machine, means the total
amount wagered on a day less--
(a) the sum of all prizes paid from
that amount (other than prizes
20 paid from a jackpot special prize
pool); and
(b) the sum of amounts determined as
prescribed for payment in respect
of that total amount wagered to a
25 jackpot special prize pool.'.
26. New section 136B inserted
After section 136A of the Principal Act insert--
"136B. Interest on late payment
(1) If an amount payable under this Part--
16
532101B.I1-21/10/98
Gaming Acts (Further Amendment) Act 1998
Act No.
(a) by the Trustees to the Treasurer; or
(b) by a gaming operator or holder of a
gaming licence under the Gaming and
Betting Act 1994 to the Authority--
5 is not so paid within the period within which
it is required to be paid, the Trustees are, or
the operator or holder is, as the case requires,
liable to pay interest at the rate of 20% per
annum on that amount from the date on
10 which the payment was due until the
payment is made.
(2) The Treasurer or the Authority, as the case
requires, may, if the Treasurer or Authority
thinks fit, mitigate or remit an amount of
15 interest due under sub-section (1).".
27. Statute law revision
(1) In section 78 of the Principal Act, for sub-
section (6) substitute--
"(6) Section 15 and Part 5 of the Subordinate
20 Legislation Act 1994 apply to a rule made
under this section as if the rule were a
statutory rule within the meaning or that Act,
notice of the making of which had been
published in the Government Gazette on the
25 day on which the rule was so published.".
(2) In section 159 of the Principal Act, for sub-
sections (4) and (5) substitute--
"(4) The regulations and rules made under section
78 are subject to disallowance by a House of
30 the Parliament.
(5) If a regulation made under this Act or a rule
made under section 78 is disallowed by the
Parliament or a House of the Parliament, no
regulation or rule which is the same in
35 substance as the disallowed regulation or
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Gaming Acts (Further Amendment) Act 1998
s. 27
Act No.
rule may be made within 6 months after the
date of the disallowance, unless--
(a) if the regulation or rule was disallowed
by one House of the Parliament, that
5 House approves the making of a
regulation or rule the same in substance
as the disallowed regulation or rule; or
(b) if the regulation or rule was disallowed
by both Houses of the Parliament, each
10 House approves the making of a
regulation or rule the same in substance
as the disallowed regulation or rule.".
_______________
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Gaming Acts (Further Amendment) Act 1998
s. 28
Act No.
PART 7--GAMING NO. 2 ACT 1997
No. 16/1997
28. Principal Act as amended
by Nos
In this Part, the Gaming No. 2 Act 1997 is called 90/1997,
the Principal Act. 30/1998,
43/1998 and
52/1998.
5 29. Applicant for permit under Part 4
In section 28(1) of the Principal Act, omit
"natural".
30. Trade promotion lotteries
After section 28 of the Principal Act insert--
10 "28A. Nominee of holder of permit
(1) If a permit under this Part is granted to a
body corporate, the body corporate must
nominate a natural person approved by the
Director to be responsible as the holder of
15 the permit on behalf of the body corporate
and a person so nominated and approved is
liable under this Act as the holder of the
permit.
(2) If the body corporate has not nominated a
20 person under sub-section (1) or if a person so
nominated has resigned, or been dismissed,
or is otherwise unable for any reason to carry
out the duties of the holder of a permit, the
directors of the body corporate are severally
25 liable under this Act as the holder of the
permit until such time as a natural person or
another natural person (as the case may be)
is nominated and approved by the Director.
(3) The Director may refuse to approve a person
30 nominated under this section unless satisfied
19
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Gaming Acts (Further Amendment) Act 1998
s. 31
Act No.
that the person nominated is a suitable
person to be concerned in or associated with
the promotion of the trade or business to
which the permit relates.
5 (4) In particular, the Director must consider
whether the person nominated is of good
repute, having regard to character, honesty
and integrity.
(5) The Director must determine an application
10 by either approving or refusing to approve
the person nominated and must notify the
applicant in writing of its decision.
(6) The nomination and approval by the Director
of a person under this section does not limit
15 the liability of the holder of the permit under
this Act whilst that person is a nominee.".
31. Operators need not be natural persons
(1) In section 3 of the Principal Act, in the definition
of "operator" omit "natural".
20 (2) In section 35(1)(a) and (b) of the Principal Act,
after "applicant" insert "or an associate of the
applicant".
(3) In section 36 of the Principal Act--
(a) in sub-section (1)(a), after "applicant" insert
25 "and each associate of the applicant";
(b) in sub-section (2)(a) and (b), after
"applicant" insert "and each associate of the
applicant";
(c) after sub-section (2)(b) insert--
30 "(ba) if the applicant is not a natural person,
the applicant has, or has arranged, a
satisfactory ownership, trust or
corporate structure;";
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s. 32
Act No.
(d) in sub-section (2)(c), after "applicant" insert
"or an associate of the applicant".
32. New section 39A inserted
After section 39 of the Principal Act insert--
5 "39A. Nominee of licensee
(1) If an operator's licence is granted to a body
corporate, the body corporate must nominate
a natural person approved by the Authority
to be responsible as licensee on behalf of the
10 body corporate and a person so nominated
and approved is liable under this Act as
licensee.
(2) If the body corporate has not nominated a
person under sub-section (1) or if a person so
15 nominated has resigned or been dismissed or
has ceased to manage or control a bingo
centre to which the licence relates, the
directors of the body corporate are severally
liable under this Act as licensee until such
20 time as a natural person or another natural
person (as the case may be) is nominated and
approved by the Authority.
(3) The Authority may refuse to approve a
person nominated under this section unless
25 satisfied that the person nominated, and each
associate of the person, is a suitable person
to be concerned in or associated with the
management and operation of a bingo centre.
(4) In particular, the Authority must consider
30 whether--
(a) the person nominated and each
associate of the person nominated is of
good repute, having regard to character,
honesty and integrity;
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Gaming Acts (Further Amendment) Act 1998
s. 33
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(b) each person is of sound and stable
financial background;
(c) any of those persons has any business
association with any person, body or
5 association who or which, in the
opinion of the Authority, is not of good
repute having regard to character,
honesty and integrity or has undesirable
or unsatisfactory financial resources.
10 (5) Sections 37, 38 and 39 apply as if a reference
to an application for an operator's licence
were a reference to an application under this
section for approval of a person as a
nominee.
15 (6) The Authority must determine an application
by either approving or refusing to approve
the person nominated and must notify the
applicant in writing of its decision.
(7) The nomination and approval by the
20 Authority of a person under this section does
not limit the liability of the holder of an
operator's licence under this Act whilst that
person is a nominee.".
33. Amendment of section 47
25 At the end of section 47 of the Principal Act
insert--
"Penalty: 50 penalty units".
34. Employees licence
In section 53(1) of the Principal Act--
30 (a) at the end of paragraph (b), omit "and";
(b) paragraph (c) is repealed.
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s. 35
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35. New section 62 substituted
For section 62 of the Principal Act substitute--
"62. Duration of employee's licence
An employee's licence remains in force,
5 unless sooner cancelled or surrendered, for a
period of 3 years after the end of the month
in which the licence was issued.".
36. Banking
In section 89(1) of the Principal Act--
10 (a) for "must--" substitute "or has, at any time
in the preceding 12 months, held such a
permit or conducted such an activity
must--";
(b) for paragraph (c) substitute--
15 "(c) keep and maintain a single account, as
approved by the Authority, at a
financial institution in the State for use
for all transactions arising under this
Act in relation to all such permits or
20 activities held or conducted by that
person; and".
37. Disciplinary action
In section 92(1) of the Principal Act, in the
definition of "grounds for disciplinary action",
25 after paragraph (g) insert--
"(h) that--
(i) the holder of a permit under section 28
or of an operator's licence; or
(ii) if such a holder is a body corporate, an
30 officer or director of the holder; or
23
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s. 38
Act No.
(iii) the nominee of such a holder or
operator approved under section 28A or
39A--
has been convicted or found guilty of--
5 (iv) an offence against this Act or the
Regulations, the Casino Control Act
1991, the Gaming Machine Control
Act 1991 the Club Keno Act 1993, the
Gaming and Betting Act 1994 or the
10 Lotteries Gaming and Betting Act
1966 or an offence against regulations
made under any of those Acts; or
(v) an offence arising out of or in
connection with the employment of the
15 holder under any of those Acts; or
(vi) an offence arising out of or in
connection with the management or
operation of a bingo centre; or
(vii) whether or not in Victoria--
20 (A) an indictable offence; or
(B) an offence which, if committed in
Victoria, would be an indictable
offence--
the nature or circumstances of which, in the
25 opinion of the Authority, relate to a bingo
centre of the holder of an operator's licence;
(i) that the holder of a permit under Part 4 or of
an operator's licence is considered, having
regard to the matters set out in section 29(1)
30 or 36(2), to be no longer a suitable person to
hold the permit or licence.".
38. Suspension of permit or licence
After section 92(8) of the Principal Act insert--
24
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s. 38
Act No.
"(9) The Authority or the Director may suspend a
permit under Part 4, the Authority may
suspend an operator's licence and the
Director may suspend a bingo employee's
5 licence by notice in writing given to the
holder of the permit or licence if the
Authority or Director, as the case requires, is
satisfied that--
(a) the holder; or
10 (b) if the holder is a body corporate, an
officer or director of the holder; or
(c) the nominee of the holder approved
under section 28A or 39A--
has been charged with--
15 (d) an offence against this Act or the
Regulations, the Casino Control Act
1991, the Gaming Machine Control
Act 1991, the Club Keno Act 1993,
the Gaming and Betting Act 1994 or
20 the Lotteries Gaming and Betting Act
1966 or an offence against regulations
made under any of those Acts; or
(e) an offence arising out of or in
connection with the employment of the
25 holder under any of those Acts; or
(f) an offence arising out of or in
connection with the management or
operation of a bingo centre; or
(g) an indictable offence or an offence
30 committed outside Victoria which , if
committed in Victoria, would be an
indictable offence the nature or
circumstances of which, in the opinion
of the Authority or Director, as the case
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s. 39
Act No.
requires, relate to a bingo centre of the
holder.".
39. Delegation
After section 103(1) of the Principal Act insert--
5 "(1A) The Authority may, by instrument under its
official seal, delegate to the Director any
power of the Authority under section 4,
34(3) or (6), 37, 38, 45, 48(2) or 67.".
_______________
10
26
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s. 40
Act No.
PART 8--TATTERSALL CONSULTATIONS ACT 1958
40. Declaration of operator
(1) In section 3 of the Tattersall Consultations Act
1958 insert--
5 ' "subsidiary"--
(a) in relation to the promoter, means a
body corporate that, if the promoter
were a body corporate, would be a
subsidiary of the promoter within the
10 meaning of the Corporations Law (but
not a subsidiary of another such body
corporate);
(b) in relation to a body corporate, means
another body corporate that is a
15 subsidiary of the first-mentioned body
corporate within the meaning of the
Corporations Law (but not a subsidiary
of another such body corporate);
"wholly-owned subsidiary", in relation to the
20 promoter, means a company--
(a) that is a subsidiary of the promoter or
of a body corporate that is a subsidiary
of the promoter; and
(b) none of whose members is a person
25 other than--
(i) the promoter;
(ii) a nominee of the promoter;
(iii) a subsidiary of the promoter,
being a subsidiary none of whose
30 members is a person other than--
(A) the promoter; or
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s. 40
Act No.
(B) a nominee of the promoter;
(iv) a nominee of such a subsidiary.'.
(2) In sections 5A(1) and (2), 5B(1) and (2)(b) and
5C(1) of the Tattersall Consultations Act 1958,
5 for "wholly owned and controlled by" substitute
"a wholly-owned subsidiary of".
28
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
29
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Act No.
30
532101B.I1-21/10/98
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