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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gaming Acts (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--TATTERSALL CONSULTATIONS ACT 1958 3
3. Principal Act 3
4. Definitions inserted 3
5. Conditions of licence 5
6. Consultations conducted by operator not to be unlawful 5
7. New sections 5A to 5E inserted 6
5A. Minister may declare company to be operator 6
5B. Approval of wholly owned and controlled company 7
5C. Investigation 8
5D. Authority may require further information etc. 9
5E. Updating of application 10
8. Consequential amendments 10
9. Statute law revision 11
PART 3--GAMING MACHINE CONTROL ACT 1991 12
10. Principal Act 12
11. Amendment of definitions 12
12. New sections 3A to 3E inserted 13
3A. Minister may declare company to be operator 13
3B. Approval of wholly owned and controlled company 14
3C. Investigation 15
3D. Authority may require further information etc. 16
3E. Updating of application 17
13. Meaning of "associate" 18
14. Authority conferred by gaming operator's licence 18
15. Accounts etc. 18
16. Statute law revision 20
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Clause Page
PART 4--CLUB KENO ACT 1993 21
17. Principal Act 21
18. Amendment of definitions 21
19. New sections 3A to 3E inserted 23
3A. Minister may declare company to be participant 23
3B. Approval of wholly owned and controlled company 24
3C. Investigation 25
3D. Authority may require further information etc. 26
3E. Updating of application 27
NOTES 29
ii
532009B.I1-8/4/98
PARLIAMENT OF VICTORIA
A BILL
to amend the Tattersall Consultations Act 1958, the Gaming
Machine Control Act 1991 and the Club Keno Act 1993 and for
other purposes.
Gaming Acts (Amendment) Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to enable one or more corporate bodies
5 wholly owned and controlled by the trustees
of the will and estate of the late George
Adams to conduct gaming activities
currently conducted by those trustees; and
1
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Gaming Acts (Amendment) Act 1998
s. 2
Act No.
(b) to make amendments of a statute law
revision nature.
2. Commencement
(1) This Act (except section 16) comes into operation
5 on the day on which it receives the Royal Assent.
(2) Section 16 is deemed to have come into operation
on 9 December 1997.
_______________
2
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Gaming Acts (Amendment) Act 1998
s. 3
Act No.
PART 2--TATTERSALL CONSULTATIONS ACT 1958
3. Principal Act
No. 6390.
In this Part, the Tattersall Consultations Act
Reprint No. 6
1958 is called the Principal Act. as at
5 September
1997. Further
amended by
No. 93/1997.
5 4. Definitions inserted
(1) In section 3 of the Principal Act insert the
following definitions--
' "associate" means, in relation to a person (the
first person)--
10 (a) a person who holds or will hold any
relevant financial interest, or is or will
be entitled to exercise any relevant
power (whether in right of the person or
on behalf of any other person) in the
15 business of promoting and conducting
Consultations of the first person, and by
virtue of that interest or power, is able
or will be able to exercise a significant
influence over or with respect to the
20 management or operation of any such
business; or
(b) a person who holds or will hold any
relevant position, whether in right of
the person or on behalf of any other
25 person, in the business of the first
person under this Act; or
(c) a person who is a relative of the first
person;
3
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Gaming Acts (Amendment) Act 1998
s. 4
Act No.
"Authority" means the Victorian Casino and
Gaming Authority established under the
Gaming and Betting Act 1994;
"company" means a company within the
5 meaning of section 9 of the Corporations
Law;
"Director" means the Director of Gaming and
Betting appointed under the Gaming and
Betting Act 1994;
10 "operator", in relation to a licence, means--
(a) the promoter; and
(b) if a declaration under section 5A is in
force, the company declared under that
section to be the operator in relation to
15 that licence;
"relative", in relation to a person, means the
spouse, de facto spouse, parent, son,
daughter, or brother or sister (whether of the
full or half blood) of the person;
20 "relevant financial interest", in relation to a
business, means--
(a) any share in the capital of the business;
or
(b) any entitlement to receive any income
25 derived from the business; or
(c) any entitlement to receive any payment
as a result of money advanced;
"relevant position", in relation to a business,
means the position of director, manager, or
30 other executive position or secretary,
however that position is designated;
"relevant power" means any power, whether
exercisable by voting or otherwise and
4
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s. 5
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whether exercisable alone or in association
with others--
(a) to participate in any directorial,
managerial, or executive decision; or
5 (b) to elect or appoint any person to any
relevant position;'.
(2) In section 3 of the Principal Act--
(a) in paragraph (b) of the definition of "amount
subscribed", after "promoter" insert "or
10 operator";
(b) in the definition of "promoter's net profit",
after "promoter" (wherever occurring) insert
"or operator";
(c) in paragraph (b) of the definition of "relevant
15 period", after "promoter" insert "or
operator".
5. Conditions of licence
(1) In section 4(2) of the Principal Act, for
"promoter" (where first occurring) substitute
20 "operator".
(2) In section 4(4) of the Principal Act, for
"promoter" substitute "operator".
(3) In section 4(5) of the Principal Act, for
"promoter" (wherever occurring) substitute
25 "operator".
6. Consultations conducted by operator not to be
unlawful
(1) In section 5(1)(a) of the Principal Act, after
"promoter" insert "and, while a declaration under
30 section 5A is in force, the company declared
under that section to be the operator".
(2) In section 5(2)(a) of the Principal Act, after
"promoter" insert "and, while a declaration under
5
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s. 7
Act No.
section 5A is in force, the company declared
under that section to be the operator".
(3) In section 5(4) of the Principal Act, for
"promoter" substitute "operator".
5 (4) In section 5(5) of the Principal Act, for
"promoter" substitute "operator".
(5) In section 5(6) of the Principal Act, for
"promoter" substitute "operator".
7. New sections 5A to 5E inserted
10 After section 5 of the Principal Act insert--
"5A. Minister may declare company to be
operator
(1) Subject to section 5B, the Minister, on the
recommendation of the promoter, may
15 declare a company that is wholly owned and
controlled by the promoter and is approved
by the Authority to be the operator of the
licence under section 4(1).
(2) A declaration declaring a company to be the
20 operator ceases to have effect if the company
ceases to be wholly owned and controlled by
the promoter.
(3) The Minister, on the recommendation of the
promoter, may revoke the declaration of an
25 operator under this section.
(4) The Minister must cause notice of a
declaration or revocation of a declaration
under this section to be published in the
Government Gazette.
30 (5) If a declaration is made under this section,
any liability or obligation of the promoter
incurred prior to the declaration continues to
attach to the promoter after the declaration.
6
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s. 7
Act No.
(6) If a declaration ceases to have effect or is
revoked, any liability or obligation of the
company incurred prior to the cessation of
effect or revocation continues to attach to the
5 company after the cessation or revocation.
5B. Approval of wholly owned and controlled
company
(1) The Authority must not approve a company
that is wholly owned and controlled by the
10 promoter unless satisfied that the company,
and each associate of the company, is a
suitable person to be concerned in, or
associated with, the management and
operation of a business of promoting and
15 conducting Consultations.
(2) In particular, the Authority must consider
whether--
(a) the company, and each associate of the
company, is of good repute, having
20 regard to character, honesty and
integrity;
(b) the company (other than a company
that is wholly owned and controlled by
the promoter and has not commenced to
25 carry on business), and each associate
of the company, is of sound and stable
financial background;
(c) the company has, or is able to obtain,
financial resources that are adequate to
30 ensure the financial viability of a
business of promoting and conducting
Consultations, and the services of
persons who have sufficient experience
in the management and operation of a
35 business of promoting and conducting
Consultations;
7
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s. 7
Act No.
(d) neither the company nor any associate
of the company has any association
with any person, body or association
who or which, in the opinion of the
5 Authority, is not of good repute having
regard to character, honesty and
integrity as a result of which the
company or the associate is likely to be
significantly affected in an
10 unsatisfactory manner;
(e) each director, executive officer or
secretary of the company and any other
officer or person determined by the
Authority to be associated or connected
15 with the ownership or management of
the operations or business of the
company, is a suitable person to act in
that capacity.
5C. Investigation
20 (1) On receiving a request to approve a company
that is wholly owned and controlled by the
promoter, the Authority must cause to be
carried out all such investigations and
inquiries as it considers necessary to enable
25 it to consider the application properly.
(2) The Authority--
(a) may require a person it is investigating
in relation to the person's suitability to
be concerned in or associated with the
30 management of the operations or
business of the company to consent to
having his or her photograph, finger
prints and palm prints taken;
(b) must refer such photograph, finger
35 prints and palm prints and any
8
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s. 7
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supporting documents to the Chief
Commissioner of Police.
(3) The Chief Commissioner of Police and the
Director must inquire into and report to the
5 Authority on such matters concerning the
matter as the Authority requests.
(4) The Authority may refuse to consider an
application for approval of a company as
operator if any person from whom it requires
10 a photograph, finger prints or palm prints
under this section refuses to allow his or her
photograph, finger prints or palm prints to be
taken.
5D. Authority may require further information
15 etc.
(1) The Authority may, by notice in writing,
require a person who is a company for which
the promoter is seeking approval or a person
whose association with the company is, in
20 the opinion of the Authority, relevant to the
application to do any one or more of the
following--
(a) to provide, in accordance with
directions in the notice, any
25 information, verified by statutory
declaration, that is relevant to the
investigation of the request for approval
and is specified in the notice; and
(b) to produce, in accordance with
30 directions in the notice, any records
relevant to the request for approval that
are specified in the notice and to permit
examination of the records, the taking
of extracts from them and the making
35 of copies of them; and
9
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Gaming Acts (Amendment) Act 1998
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8
Act No.
(c) to authorise a person described in the
notice to comply with a specified
requirement of the kind referred to in
paragraph (a) or (b); and
5 (d) to furnish to the Authority any
authorities and consents that the
Authority directs for the purpose of
enabling the Authority to obtain
information (including financial and
10 other confidential information)
concerning the person and his or her
associates from other persons.
(2) If a requirement made under this section is
not complied with, the Authority may refuse
15 to consider the request for approval.
5E. Updating of application
(1) If a change occurs in the information
provided in or in connection with a request
for approval of a company as operator
20 (including in any documents lodged with the
application), before the request is granted or
refused, the promoter must forthwith give
the Authority written particulars of the
change verified by statutory declaration.
25 Penalty: 50 penalty units.
(2) When particulars of the change are given,
those particulars must then be considered to
have formed part of the original request, for
the purposes of the application of sub-section
30 (1) to any further change in the information
provided.".
8. Consequential amendments
(1) In section 6AAA(1A) of the Principal Act, for
"promoter" substitute "operator".
10
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Gaming Acts (Amendment) Act 1998
s. 9
Act No.
(2) At the end of section 8E of the Principal Act
insert--
"(2) If a declaration under section 5A is in force,
sections 8A to 8D apply to both the promoter
5 and the company declared under that section
to be the operator.".
(3) In section 9 of the Principal Act, after sub-section
(2) insert--
"(3) If a declaration under section 5A is in force,
10 this section applies to both the promoter and
the company declared under that section to
be the operator.".
(4) In section 10A(8) of the Principal Act, after
"promoter" (wherever occurring) insert "or
15 operator".
(5) In sub-sections (1), (2) and (3) of section 10B of
the Principal Act, after "promoter" (wherever
occurring) insert "or operator".
(6) In section 10C(1) of the Principal Act, after
20 "promoter" insert "or operator".
(7) In section 11(1)(c) of the Principal Act, after
"promoter" (where first occurring) insert "or
operator".
9. Statute law revision
25 The Principal Act is amended as follows--
(a) in section 6A(5)(b), for "soccer pools"
substitute "soccer football pools";
(b) in section 10B(5), in paragraph (b) of the
definition of "promoter", omit "means".
30 _______________
11
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Gaming Acts (Amendment) Act 1998
s. 10
Act No.
PART 3--GAMING MACHINE CONTROL ACT 1991
10. Principal Act
No. 53/1991. In this Part, the Gaming Machine Control Act
Reprint No. 4
1991 is called the Principal Act.
as at 8 May
1997. Further
amended by
Nos 117/1993,
15/1997,
16/1997,
90/1997 and
93/1997.
5 11. Amendment of definitions
In section 3(1) of the Principal Act--
(a) for paragraph (a) of the definition of
"gaming operator" substitute--
"(a) in relation to a gaming operator's
10 licence under Part 3--
(i) the holder of the licence; and
(ii) if a declaration under section 3A
is in force, the company declared
under that section to be the
15 operator in relation to that
licence; and";
(b) after the definition of "casino operator"
insert--
' "company" means a company within the
20 meaning of section 9 of the
Corporations Law;'.
12
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Gaming Acts (Amendment) Act 1998
s. 12
Act No.
12. New sections 3A to 3E inserted
After section 3 of the Principal Act insert--
"3A. Minister may declare company to be
operator
5 (1) Subject to section 3B, the Minister, on the
recommendation of the Trustees, may
declare a company that is wholly owned and
controlled by the Trustees and is approved
by the Authority to be the operator in
10 relation to the gaming operator's licence held
by the Trustees.
(2) A declaration declaring a company to be an
operator ceases to have effect if the company
ceases to be wholly owned and controlled by
15 the Trustees.
(3) The Minister, on the recommendation of the
Trustees, may revoke the declaration of an
operator under this section.
(4) The Minister must cause notice of a
20 declaration or revocation of a declaration
under this section to be published in the
Government Gazette.
(5) If a declaration is made under this section,
any liability or obligation of the Trustees
25 incurred prior to the declaration continues to
attach to the Trustees after the declaration.
(6) If a declaration ceases to have effect or is
revoked, any liability or obligation of the
company incurred prior to the cessation of
30 effect or revocation continues to attach to the
company after the cessation or revocation.
13
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s. 12
Act No.
3B. Approval of wholly owned and controlled
company
(1) The Authority must not approve a company
that is wholly owned and controlled by the
5 Trustees unless satisfied that the company,
and each associate of the company, is a
suitable person to be concerned in, or
associated with, the management and
operation of a gaming machine business.
10 (2) In particular, the Authority must consider
whether--
(a) the company, and each associate of the
company, is of good repute, having
regard to character, honesty and
15 integrity;
(b) the company (other than a company
that is wholly owned and controlled by
the Trustees and has not commenced to
carry on business), and each associate
20 of the company, is of sound and stable
financial background;
(c) the company has, or is able to obtain,
financial resources that are adequate to
ensure the financial viability of a
25 gaming machine business, and the
services of persons who have sufficient
experience in the management and
operation of a gaming machine
business;
30 (d) the company (other than a company
that is wholly owned and controlled by
the Trustees and has not commenced to
carry on business) has sufficient
business ability to establish and
35 maintain a successful gaming machine
business;
14
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(e) neither the company nor any associate
of the company has any association
with any person, body or association
who or which, in the opinion of the
5 Authority, is not of good repute having
regard to character, honesty and
integrity as a result of which the
company or the associate is likely to be
significantly affected in an
10 unsatisfactory manner;
(f) each director, executive officer or
secretary of the company and any other
officer or person determined by the
Authority to be associated or connected
15 with the ownership or management of
the operations or business of the
company, is a suitable person to act in
that capacity.
3C. Investigation
20 (1) On receiving a request to approve a company
that is wholly owned and controlled by the
Trustees, the Authority must cause to be
carried out all such investigations and
inquiries as it considers necessary to enable
25 it to consider the application properly.
(2) The Authority--
(a) may require a person it is investigating
in relation to the person's suitability to
be concerned in or associated with the
30 management of the operations or
business of the company to consent to
having his or her photograph, finger
prints and palm prints taken;
(b) must refer such photograph, finger
35 prints and palm prints and any
15
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Gaming Acts (Amendment) Act 1998
s. 12
Act No.
supporting documents to the Chief
Commissioner of Police.
(3) The Chief Commissioner of Police and the
Director must inquire into and report to the
5 Authority on such matters concerning the
matter as the Authority requests.
(4) The Authority may refuse to consider an
application for approval of a company as
operator if any person from whom it requires
10 a photograph, finger prints or palm prints
under this section refuses to allow his or her
photograph, finger prints or palm prints to be
taken.
3D. Authority may require further information
15 etc.
(1) The Authority may, by notice in writing,
require a person who is a company for which
the Trustees are seeking approval or a person
whose association with the company is, in
20 the opinion of the Authority, relevant to the
application to do any one or more of the
following--
(a) to provide, in accordance with
directions in the notice, any
25 information, verified by statutory
declaration, that is relevant to the
investigation of the request for approval
and is specified in the notice; and
(b) to produce, in accordance with
30 directions in the notice, any records
relevant to the request for approval that
are specified in the notice and to permit
examination of the records, the taking
of extracts from them and the making
35 of copies of them; and
16
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s. 12
Act No.
(c) to authorise a person described in the
notice to comply with a specified
requirement of the kind referred to in
paragraph (a) or (b); and
5 (d) to furnish to the Authority any
authorities and consents that the
Authority directs for the purpose of
enabling the Authority to obtain
information (including financial and
10 other confidential information)
concerning the person and his or her
associates from other persons.
(2) If a requirement made under this section is
not complied with, the Authority may refuse
15 to consider the request for approval.
3E. Updating of application
(1) If a change occurs in the information
provided in or in connection with a request
for approval of a company as operator
20 (including in any documents lodged with the
application), before the request is granted or
refused, the Trustees must forthwith give the
Authority written particulars of the change
verified by statutory declaration.
25 Penalty: 50 penalty units.
(2) When particulars of the change are given,
those particulars must then be considered to
have formed part of the original request, for
the purposes of the application of sub-section
30 (1) to any further change in the information
provided.".
17
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Gaming Acts (Amendment) Act 1998
s. 13
Act No.
13. Meaning of "associate"
In section 4(1) of the Principal Act--
(a) after "listed" (where first occurring) insert
"or a company in respect of which a
5 declaration under section 3A is sought or in
force";
(b) for "or person listed" (wherever occurring)
substitute ", person listed or company".
14. Authority conferred by gaming operator's licence
10 In section 14 of the Principal Act, after "licensee"
insert "and, while a declaration under section 3A
is in force, the company declared under that
section to be the operator".
15. Accounts etc.
15 The Principal Act is amended as follows--
(a) in section 131(1), after "Part 3" insert ", a
company declared under section 3A to be an
operator in relation to such a licence";
(b) in section 132(1), after "Part 3" insert ", a
20 company declared under section 3A to be an
operator in relation to such a licence";
(c) in section 133(1), after "Part 3" insert ", a
company declared under section 3A to be an
operator in relation to such a licence";
25 (d) in section 133(2), for "or, the holder of a
gaming operator's licence under Part 3 or"
substitute ", the holder of a gaming
operator's licence under Part 3, a company
declared under section 3A to be an operator
30 in relation to such a licence or";
(e) in section 134(1), after "Part 3" insert ", and
a company declared under section 3A to be
an operator in relation to such a licence,";
18
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s. 15
Act No.
(f) in section 134(3), after "Part 3" (wherever
occurring) insert "or of a company declared
under section 3A to be an operator in relation
to such a licence";
5 (g) in section 134(4), after "Part 3" insert ", and
a company declared under section 3A to be
an operator in relation to such a licence,";
(h) in section 134(5), after "Part 3" insert ", and
a company declared under section 3A to be
10 an operator in relation to such a licence,";
(i) in section 134(7), after "Part 3" insert ", or
of a company declared under section 3A to
be an operator in relation to such a licence,";
(j) in section 135A(4)--
15 (i) after "means" insert "the sum of"; and
(ii) after "Trustees" (where first occurring)
insert "and, if a company has been
declared under section 3A to be an
operator, of that company";
20 (k) in section 135C(1)(b)(i)--
(i) after "accounts" insert "and, if a
company has been declared under
section 3A to be an operator, that
company's financial statements and
25 accounts"; and
(ii) after "Trustees' " (where secondly
occurring) insert "and company's";
(l) in section 135C(2)(b)(i)--
(i) after "Trustees" insert "and, if a
30 company has been declared under
section 3A to be an operator, by the
company"; and
19
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s. 16
Act No.
(ii) after "Trustees' " insert "and
company's";
(m) in section 136(3C), after "Part 3" insert
", and to a company declared under section
5 3A to be an operator in relation to such a
licence,";
(n) in section 136(6)(a)--
(i) after "Part 3" insert "or by a company
declared under section 3A to be an
10 operator in relation to such a licence,";
(ii) after "holder" insert "or operator";
(o) in section 142, after "Act" insert ", a
company declared under section 3A to be an
operator in relation to a gaming operator's
15 licence under Part 3";
(p) in section 149B, after "nominee" insert "or
an applicant for approval under section 3A";
(q) in section 159(1)(a), after "Act" insert "and
any company declared under section 3A to
20 be an operator in relation to a gaming
operator's licence".
16. Statute law revision
In section 163(1) of the Principal Act, for "30"
substitute "28".
25 _______________
20
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Gaming Acts (Amendment) Act 1998
s. 17
Act No.
PART 4--CLUB KENO ACT 1993
17. 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. Further
amended by
Nos 15/1997
and 93/1997.
5 18. Amendment of definitions
(1) In section 3 of the Principal Act, in the definition
of "participants"--
(a) for paragraph (a) substitute--
"(a) in relation to the will and estate of the
10 late George Adams--
(i) the trustees; and
(ii) if a declaration under section 3A
is in force, the company declared
under that section to be a
15 participant for the purposes of this
Act; and";
(b) for "those trustees" substitute "the trustees
(or that company)".
(2) In section 3 of the Principal Act insert the
20 following definitions--
' "associate" means, in relation to a person (the
first person)--
(a) a person who holds or will hold any
relevant financial interest, or is or will
21
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Gaming Acts (Amendment) Act 1998
s. 18
Act No.
be entitled to exercise any relevant
power (whether in right of the person or
on behalf of any other person) in the
business of conducting and promoting
5 club keno games of the first person, and
by virtue of that interest or power, is
able or will be able to exercise a
significant influence over or with
respect to the management or operation
10 of any such business; or
(b) a person who holds or will hold any
relevant position, whether in right of
the person or on behalf of any other
person, in the business of the first
15 person under this Act; or
(c) a person who is a relative of the first
person;
"Authority" means the Victorian Casino and
Gaming Authority established under the
20 Gaming and Betting Act 1994;
"company" means a company within the
meaning of section 9 of the Corporations
Law;
"relative", in relation to a person, means the
25 spouse, de facto spouse, parent, son,
daughter, or brother or sister (whether of the
full or half blood) of the person;
"relevant financial interest", in relation to a
business, means--
30 (a) any share in the capital of the business;
or
(b) any entitlement to receive any income
derived from the business; or
(c) any entitlement to receive any payment
35 as a result of money advanced;
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"relevant position", in relation to a business,
means the position of director, manager, or
other executive position or secretary,
however that position is designated;
5 "relevant power" means any power, whether
exercisable by voting or otherwise and
whether exercisable alone or in association
with others--
(a) to participate in any directorial,
10 managerial, or executive decision; or
(b) to elect or appoint any person to any
relevant position;
"trustees" means the trustees of the will and
estate of the late George Adams;'.
15 19. New sections 3A to 3E inserted
After section 3 of the Principal Act insert--
"3A. Minister may declare company to be
participant
(1) Subject to section 3B, the Minister, on the
20 recommendation of the trustees, may declare
a company within the meaning of section 9
of the Corporations Law that is wholly
owned and controlled by the trustees and is
approved by the Authority to be a participant
25 for the purposes of this Act.
(2) A declaration declaring a company to be a
participant ceases to have effect if the
company ceases to be wholly owned and
controlled by the trustees.
30 (3) The Minister, on the recommendation of the
trustees, may at any time revoke the
declaration of a participant under this
section.
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(4) The Minister must cause notice of a
declaration or revocation of a declaration
under this section to be published in the
Government Gazette.
5 (5) If a declaration is made under this section,
any liability or obligation of the trustees
incurred prior to the declaration continues to
attach to the trustees after the declaration.
(6) If a declaration ceases to have effect or is
10 revoked, any liability or obligation of the
company incurred prior to the cessation of
effect or revocation continues to attach to the
company after the cessation or revocation.
3B. Approval of wholly owned and controlled
15 company
(1) The Authority must not approve a company
that is wholly owned and controlled by the
trustees unless satisfied that the company,
and each associate of the company, is a
20 suitable person to be concerned in, or
associated with, the management and
operation of a business of conducting and
promoting club keno games.
(2) In particular, the Authority must consider
25 whether--
(a) the company, and each associate of the
company, is of good repute, having
regard to character, honesty and
integrity;
30 (b) the company (other than a company
that is wholly owned and controlled by
the trustees and has not commenced to
carry on business), and each associate
of the company, is of sound and stable
35 financial background;
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Act No.
(c) the company has, or is able to obtain,
financial resources that are adequate to
ensure the financial viability of a
business of conducting and promoting
5 club keno games, and the services of
persons who have sufficient experience
in the management and operation of a
business of conducting and promoting
club keno games;
10 (d) the company (other than a company
that is wholly owned and controlled by
the trustees and has not commenced to
carry on business) has sufficient
business ability to establish and
15 maintain a successful business of
conducting and promoting club keno
games;
(e) neither the company nor any associate
of the company has any association
20 with any person, body or association
who or which, in the opinion of the
Authority, is not of good repute having
regard to character, honesty and
integrity as a result of which the
25 company or the associate is likely to be
significantly affected in an
unsatisfactory manner;
(f) each director, executive officer or
secretary of the company and any other
30 officer or person determined by the
Authority to be associated or connected
with the ownership or management of
the operations or business of the
company, is a suitable person to act in
35 that capacity.
3C. Investigation
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(1) On receiving a request to approve a company
that is wholly owned and controlled by the
trustees, the Authority must cause to be
carried out all such investigations and
5 inquiries as it considers necessary to enable
it to consider the application properly.
(2) The Authority--
(a) may require a person it is investigating
in relation to the person's suitability to
10 be concerned in or associated with the
management of the operations or
business of the company to consent to
having his or her photograph, finger
prints and palm prints taken;
15 (b) must refer such photograph, finger
prints and palm prints and any
supporting documents to the Chief
Commissioner of Police.
(3) The Chief Commissioner of Police and the
20 Director must inquire into and report to the
Authority on such matters concerning the
matter as the Authority requests.
(4) The Authority may refuse to consider an
application for approval of a company as
25 operator if any person from whom it requires
a photograph, finger prints or palm prints
under this section refuses to allow his or her
photograph, finger prints or palm prints to be
taken.
30 3D. Authority may require further information
etc.
(1) The Authority may, by notice in writing,
require a person who is a company for which
the trustees are seeking approval or a person
35 whose association with the company is, in
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the opinion of the Authority, relevant to the
application to do any one or more of the
following--
(a) to provide, in accordance with
5 directions in the notice, any
information, verified by statutory
declaration, that is relevant to the
investigation of the request for approval
and is specified in the notice; and
10 (b) to produce, in accordance with
directions in the notice, any records
relevant to the request for approval that
are specified in the notice and to permit
examination of the records, the taking
15 of extracts from them and the making
of copies of them; and
(c) to authorise a person described in the
notice to comply with a specified
requirement of the kind referred to in
20 paragraph (a) or (b); and
(d) to furnish to the Authority any
authorities and consents that the
Authority directs for the purpose of
enabling the Authority to obtain
25 information (including financial and
other confidential information)
concerning the person and his or her
associates from other persons.
(2) If a requirement made under this section is
30 not complied with, the Authority may refuse
to consider the request for approval.
3E. Updating of application
(1) If a change occurs in the information
provided in or in connection with a request
35 for approval of a company as operator
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(including in any documents lodged with the
application), before the request is granted or
refused, the trustees must forthwith give the
Authority written particulars of the change
5 verified by statutory declaration.
Penalty: 50 penalty units.
(2) When particulars of the change are given,
those particulars must then be considered to
have formed part of the original request, for
10 the purposes of the application of sub-section
(1) to any further change in the information
provided.".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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Act No.
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