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PARLIAMENT OF VICTORIA
Gambling Legislation Amendment (Problem
Gambling and Other Measures) Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 3
PART 2--AMENDMENTS TO GAMBLING REGULATION
ACT 2003 4
3 Definitions 4
4 New section 1.3A inserted 4
1.3A What is intoxication? 4
5 Consequential repeal of section 2.5.16A 5
6 New Division 5A inserted in Part 5 of Chapter 2 5
Division 5A--Regulation of publication and use of race
fields 5
2.5.19A Definitions 5
2.5.19B Restrictions on publication and use of race fields 7
2.5.19C Application for race field publication and use
approval 8
2.5.19D Publication and use approval 8
2.5.19E Tribunal review 10
2.5.19F Trade Practices Act and Competition Code 11
7 Matters to be considered in determining application--
approval or modification of premises 12
8 Application for venue operator's licence 12
9 Matters to be considered in determining applications--
venue operator's licence 12
10 Determination of applications and duration of licence--
venue operator's licence 13
11 New sections 3.4.12A and 3.4.12B inserted 14
3.4.12A Self-exclusion program is a condition of licence 14
3.4.12B Responsible Gambling Code of Conduct is a
condition of licence 14
12 Disciplinary action against venue operator 14
561103B.I-30/10/2007 i BILL LA INTRODUCTION 30/10/2007
Clause Page
13 New section 3.5.32A inserted 15
3.5.32A Limiting placement of automatic teller machines
and amount that can be withdrawn in a 24 hour
period 15
14 Payment of accumulated credits and cashing of cheques 16
15 New section 3.5.33A inserted 16
3.5.33A Playing of gaming machines by intoxicated persons
prohibited 16
16 Community benefit statements 17
17 New section 3.6.9A inserted 18
3.6.9A Ministerial directions as to requirements of
community benefit statements 18
18 Compliance requirements 19
19 Duration of wagering licence and licence conditions 19
20 Amendment of wagering licence conditions 19
21 New section 4.3.10A inserted 19
4.3.10A Responsible Gambling Code of Conduct is a
condition of licence 19
22 Disciplinary action--wagering licence 19
23 New section 4.7.7 inserted 20
4.7.7 Gambling by intoxicated persons prohibited 20
24 Application for public lottery licence 20
25 Report to Minister by Commission--public lottery licence 20
26 New section 5.3.7B inserted 21
5.3.7B Responsible Gambling Code of Conduct is a
condition of licence 21
27 Grounds for disciplinary action 21
28 New section 6.2.6C inserted 21
6.2.6C Responsible Gambling Code of Conduct 21
29 Application for interactive gaming licence 22
30 Matters to be considered in determining interactive gaming
licence applications 22
31 Determination of interactive gaming licence applications 22
32 New section 7.3.5A inserted 23
7.3.5A Responsible Gambling Code of Conduct is a
condition of licence 23
33 Changing conditions of interactive gaming licence 23
34 Grounds for disciplinary action--interactive gaming licence 23
35 Application for bingo centre operator's licence 23
36 Matters to be considered in determining bingo centre operator's
licence applications 24
37 Determination of bingo centre operator's licence applications 24
38 New section 8.5.7A inserted 24
8.5.7A Responsible Gambling Code of Conduct is a
condition of licence 24
39 Amendment of bingo centre operator's licence conditions 25
40 Disciplinary action--bingo operator's licence 25
561103B.I-30/10/2007 ii BILL LA INTRODUCTION 30/10/2007
Clause Page
41 Application for commercial raffle organiser's licence 25
42 Matters to be considered in determining commercial raffle
organiser's licence applications 25
43 Determination of commercial raffle organiser's licence
applications 26
44 New section 8.5A.8A inserted 26
8.5A.8A Responsible Gambling Code of Conduct is a
condition of licence 26
45 Amendment of commercial raffle organiser's licence
conditions 26
46 Disciplinary action--commercial raffle organiser's licence 27
47 Functions of Commission 27
48 Are Commission proceedings open to the public? 28
49 New Part 6 inserted in Chapter 10 28
PART 6--SELF EXCLUSION PROGRAMS AND
RESPONSIBLE GAMBLING CODES OF CONDUCT 28
Division 1--Self-exclusion programs 28
10.6.1 Ministerial directions as to requirements of self-
exclusion programs 28
10.6.2 Self-exclusion program additional requirements 29
10.6.3 Approval of self-exclusion program 29
10.6.4 Obligation on venue operators if requirements in
respect of self-exclusion program change 30
Division 2--Responsible Gambling Codes of Conduct 31
10.6.5 Definition 31
10.6.6 Ministerial directions as to requirements of
Responsible Gambling Codes of Conduct 31
10.6.7 Responsible Gambling Code of Conduct additional
requirements 32
10.6.8 Approval of Responsible Gambling Code of Conduct 33
10.6.9 Obligation on relevant persons if requirements in
respect of Responsible Gambling Code of Conduct
change 33
Division 3--General 34
10.6.10 Reports to Minister 34
50 Transitional 35
PART 18--GAMBLING LEGISLATION AMENDMENT
(PROBLEM GAMBLING AND OTHER MEASURES)
ACT 2007 35
Division 1--Preliminary 35
18.1 Definition 35
561103B.I-30/10/2007 iii BILL LA INTRODUCTION 30/10/2007
Clause Page
Division 2--Publication and use of race fields 35
18.2 Publication and use approvals 35
Division 3--Self-exclusion programs 36
18.3 Venue operator's licence 36
Division 4--Responsible Gambling Codes of Conduct 36
18.4 Venue operator's licence 36
18.5 The wagering licence 37
18.6 Public lottery licence 37
18.7 Club keno system 38
18.8 Interactive gaming licence 38
18.9 Bingo centre operator's licence 38
18.10 Commercial raffle organiser's licence 39
51 Statute law revision 39
PART 3--AMENDMENTS TO CASINO CONTROL ACT 1991 40
52 Definition 40
53 New section 3A inserted 40
3A What is intoxication? 40
54 Application for casino licence 41
55 Cancellation, suspension or variation of casino licence 41
56 New section 62AA inserted 41
62AA Gaming machines must be located indoors 41
57 New section 69 inserted 42
69 Responsible Gambling Code of Conduct is a
condition of licence 42
58 New section 81AAA inserted 42
81AAA Limiting placement of automatic teller machines
and amount that can be withdrawn in a 24 hour
period 42
59 New section 81AAC inserted 43
81AAC Gambling or betting by intoxicated persons
prohibited 43
60 Transitional 43
171 Transitional provisions--Gambling Legislation
Amendment (Problem Gambling and Other
Measures) Act 2007 43
561103B.I-30/10/2007 iv BILL LA INTRODUCTION 30/10/2007
Clause Page
61 New Schedule 4 inserted 43
SCHEDULE 4--Transitional Provisions--Gambling
Legislation Amendment (Problem
Gambling and Other Measures) Act 2007 43
1 Definitions 43
2 Responsible Gambling Code of Conduct 44
PART 4--AMENDMENT TO LIQUOR CONTROL REFORM
ACT 1998 45
62 Consequential amendment of meaning of intoxication 45
PART 5--REPEAL OF AMENDING ACT 46
63 Repeal of Act 46
ENDNOTES 47
561103B.I-30/10/2007 v BILL LA INTRODUCTION 30/10/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Gambling Legislation Amendment
(Problem Gambling and Other
Measures) Bill 2007
A Bill for an Act to amend the Gambling Regulation Act 2003, the
Casino Control Act 1991 and the Liquor Control Reform Act 1998
and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Gambling Regulation Act
5 2003--
(i) to require venue operators to conduct
self-exclusion programs;
561103B.I-30/10/2007 1 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 1--Preliminary
s. 1
(ii) to require various licence holders and
others to have a Responsible Gambling
Code of Conduct;
(iii) to make it an offence for a venue
5 operator or the holder of the wagering
licence or the wagering operator to
knowingly allow an intoxicated person
to gamble;
(iv) to further limit the availability of
10 automatic teller machines in gaming
venues;
(v) to impose further limits on venue
operators with respect to the cashing of
cheques by customers;
15 (vi) to ensure that the Victorian
Commission for Gambling Regulation
does not specify a gaming machine area
that is located outdoors;
(vii) to amend the requirements relating to
20 the order that the Minister makes in
respect of community benefit
statements;
(viii) to improve the operation and
effectiveness of the restrictions on the
25 use of Victorian race fields by wagering
service providers;
(b) to amend the Casino Control Act 1991--
(i) to require a casino operator to have a
Responsible Gambling Code of
30 Conduct;
(ii) to further limit the availability of
automatic teller machines in a casino;
(iii) to make it an offence for a casino
operator to provide gaming machines
35 outdoors;
561103B.I-30/10/2007 2 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 1--Preliminary
s. 2
(iv) to make it an offence for a casino
operator to knowingly allow an
intoxicated person to gamble in the
casino;
5 (c) to make a consequential amendment to the
Liquor Control Reform Act 1998.
2 Commencement
(1) Subject to subsections (2) and (3), this Act (other
than sections 13 and 58) comes into operation on a
10 day or days to be proclaimed.
(2) Sections 13 and 58 come into operation on
1 January 2010.
(3) If a provision of this Act (other than section 13
or 58) does not come into operation before
15 1 December 2008, it comes into operation on that
day.
__________________
561103B.I-30/10/2007 3 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 2--Amendments to Gambling Regulation Act 2003
s. 3
PART 2--AMENDMENTS TO GAMBLING REGULATION
ACT 2003
3 Definitions
See: In section 1.3(1) of the Gambling Regulation
Act No.
5 114/2003. Act 2003 insert the following definitions--
Reprint No. 2
as at "Responsible Gambling Code of Conduct means
1 October
2007
a Code of Conduct to foster responsible
and gambling;
amending
Act Nos self-excluded person means a person who has
16/2004 and
10 39/2007. voluntarily excluded himself or herself from
LawToday: a gaming machine area under a self-
www.
legislation. exclusion program;
vic.gov.au
self-exclusion program means a program that--
(a) enables a person to voluntarily exclude
15 himself or herself from a gaming
machine area; and
(b) enables the venue operator to prohibit
such a person from that area;".
4 New section 1.3A inserted
20 After section 1.3 of the Gambling Regulation
Act 2003 insert--
"1.3A What is intoxication?
For the purposes of this Act, a person is in a
state of intoxication if his or her speech,
25 balance, co-ordination or behaviour is
noticeably affected and there are reasonable
grounds for believing that this is the result of
the consumption of liquor.
Note
30 The Director of Liquor Licensing (appointed under
section 149 of the Liquor Control Reform Act 1998)
issues guidelines containing information about how to
determine whether a person is in a state of
561103B.I-30/10/2007 4 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 2--Amendments to Gambling Regulation Act 2003
s. 5
intoxication. See section 3AB of the Liquor Control
Reform Act 1998.".
5 Consequential repeal of section 2.5.16A
Section 2.5.16A of the Gambling Regulation Act
5 2003 is repealed.
6 New Division 5A inserted in Part 5 of Chapter 2
After Division 5 of Part 5 of Chapter 2 of the
Gambling Regulation Act 2003 insert--
"Division 5A--Regulation of publication and
10 use of race fields
2.5.19A Definitions
In this Division--
appropriate controlling body means--
(a) in the case of horse racing, Racing
15 Victoria;
(b) in the case of harness racing,
Harness Racing Victoria;
(c) in the case of greyhound racing,
Greyhound Racing Victoria;
20 betting exchange means a facility, electronic
or otherwise, that provides a
mechanism through which--
(a) offers to enter into wagering
contracts are regularly made and
25 accepted; or
561103B.I-30/10/2007 5 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 2--Amendments to Gambling Regulation Act 2003
s. 6
(b) offers or invitations to enter into
wagering contracts are regularly
made that are intended to result, or
may reasonably be expected to
5 result, directly or indirectly, in the
acceptance of the offers or
invitations--
but does not include a facility that
provides a mechanism through which a
10 wagering contract is made with a
bookmaker or a totalisator;
publication and use approval means an
approval granted under
section 2.5.19D;
15 publish means publish or disseminate, or
cause to be published or disseminated,
in any form or by any method of
communication;
wagering contract means a contract,
20 arrangement or understanding--
(a) to make a bet or wager; or
(b) to enter into or take a share or
interest in another transaction that
involves a bet or wager;
25 wagering service provider means--
(a) a person who operates a totalisator
in Victoria or elsewhere;
(b) a person who operates a betting
exchange in Victoria or elsewhere;
30 (c) a person who, in Victoria or
elsewhere, carries on the business
of, or acts as, a bookmaker or turf
commission agent;
561103B.I-30/10/2007 6 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 2--Amendments to Gambling Regulation Act 2003
s. 6
(d) a person who, in Victoria or
elsewhere, gains or endeavours to
gain their livelihood wholly or
partly by betting or making
5 wagers;
(e) an employee or agent of a person
mentioned in paragraph (a), (b),
(c) or (d).
2.5.19B Restrictions on publication and use of race
10 fields
(1) A wagering service provider must not, in
Victoria or elsewhere, publish, use or
otherwise make available, a race field in the
course of business unless--
15 (a) the wagering service provider has
obtained the publication and use
approval of the appropriate controlling
body; and
(b) the wagering service provider complies
20 with the conditions (if any) to which
the approval is subject.
Penalty: 60 penalty units.
(2) Subsection (1) does not apply to--
(a) the licensee within the meaning of
25 Chapter 4; or
(b) the wagering operator; or
(c) an approved bookmaker; or
(d) a publication that is approved under
section 2.5.19.
561103B.I-30/10/2007 7 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 2--Amendments to Gambling Regulation Act 2003
s. 6
2.5.19C Application for race field publication and
use approval
(1) A wagering service provider may apply to an
appropriate controlling body for publication
5 and use approval.
(2) An application for approval must--
(a) be made in the prescribed time; and
(b) be in the prescribed form; and
(c) contain or be accompanied by any
10 additional information the controlling
body requires.
2.5.19D Publication and use approval
(1) An appropriate controlling body may grant
an approval to a wagering service provider to
15 publish, use or otherwise make available in
the course of business, in Victoria or
elsewhere, a race field if the wagering
service provider makes an application for
that approval in accordance with
20 section 2.5.19C.
(2) For the purposes of determining an
application for publication and use approval,
an appropriate controlling body--
(a) must consider the prescribed matters (if
25 any);
(b) may consider any other matters the
appropriate controlling body considers
to be relevant.
(3) An appropriate controlling body must--
30 (a) determine an application by either
granting or refusing publication and use
approval in the prescribed time; and
561103B.I-30/10/2007 8 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 2--Amendments to Gambling Regulation Act 2003
s. 6
(b) notify the applicant in writing of its
decision to grant or refuse publication
and use approval in the prescribed time.
(4) Publication and use approval may be granted
5 subject to any conditions the appropriate
controlling body thinks fit, including a
condition that the wagering service provider
pay a fee or a series of fees of an amount or
amounts and in the manner specified in the
10 approval.
(5) Any fee that is payable as a condition of the
approval is a debt due to the appropriate
controlling body that granted the approval
and may be recovered in any court of
15 competent jurisdiction.
(6) Publication and use approval--
(a) takes effect on the day specified by the
appropriate controlling body in the
approval; and
20 (b) remains in force for the period specified
by the appropriate controlling body in
the approval, unless revoked earlier
under subsection (7).
(7) At any time the appropriate controlling body,
25 by written notice to the wagering service
provider, may--
(a) vary the publication and use approval
(including a variation of the conditions
to which the approval is subject); or
30 (b) revoke the publication and use approval
for any reasonable cause stated by the
appropriate controlling body in the
notice of revocation.
561103B.I-30/10/2007 9 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 2--Amendments to Gambling Regulation Act 2003
s. 6
2.5.19E Tribunal review
(1) A wagering service provider whose interests
are affected by the relevant decision may
apply to the Tribunal for review of a decision
5 of an appropriate controlling body--
(a) to refuse an application by the wagering
service provider for publication and use
approval;
(b) to impose a condition on the
10 publication and use approval (other
than a condition relating to the payment
of a fee or series of fees);
(c) to vary or revoke the publication and
use approval (other than the variation of
15 a condition relating to the payment of a
fee or series of fees).
(2) An application for review must be made
within 28 days after the latest of--
(a) the day on which the decision was
20 made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
the wagering service provider requests
a statement of reasons for the decision,
25 the day on which the statement of
reasons is given to the wagering service
provider or the wagering service
provider is informed under
section 46(5) of that Act that a
30 statement of reasons will not be given;
(c) if, under section 10.1.24, the wagering
service provider requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
35 to the wagering service provider or the
wagering service provider is informed
561103B.I-30/10/2007 10 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 2--Amendments to Gambling Regulation Act 2003
s. 6
under section 10.1.23(6) that a
statement of reasons will not be given.
2.5.19F Trade Practices Act and Competition
Code
5 (1) For the purposes of the Trade Practices Act
1974 of the Commonwealth and the
Competition Code, the following things are
authorised by this Act--
(a) any agreement entered into between--
10 (i) 2 or more appropriate controlling
bodies in relation to the
appointment of an agent to collect,
or the collection by an agent or
any of the controlling bodies of,
15 fees that are payable to those
bodies under a publication and use
approval; or
(ii) one or more appropriate
controlling bodies and any
20 corresponding body of another
State or Territory in relation to the
appointment of an agent to collect,
or the collection by an agent or
any of the controlling bodies of,
25 fees that are payable to those
bodies in relation to the
publication or use of a race field;
(b) the conduct of appropriate controlling
bodies and any agents in negotiating
30 and entering an agreement under
paragraph (a);
(c) the conduct of appropriate controlling
bodies and any agent in performing an
agreement under paragraph (a).
561103B.I-30/10/2007 11 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 2--Amendments to Gambling Regulation Act 2003
s. 7
(2) In this section--
agreement includes a contract, arrangement
or understanding.".
7 Matters to be considered in determining
5 application--approval or modification of premises
(1) After section 3.3.7(4) of the Gambling
Regulation Act 2003 insert--
"(5) The Commission cannot approve an area as a
gaming machine area unless that area is
10 wholly indoors.".
(2) After section 3.3.16(3) of the Gambling
Regulation Act 2003 insert--
"(3A) The Commission cannot grant an application
for approval of modification of a gaming
15 machine area unless that area as modified is
wholly indoors.".
8 Application for venue operator's licence
After section 3.4.8(2)(b) of the Gambling
Regulation Act 2003 insert--
20 "(ba) set out details of the self-exclusion program
that the applicant intends to conduct if the
licence is granted; and
(bb) be accompanied by a Responsible Gambling
Code of Conduct that the applicant intends to
25 implement if the licence is granted; and".
9 Matters to be considered in determining
applications--venue operator's licence
(1) In section 3.4.11(1)(d) of the Gambling
Regulation Act 2003 for "other." substitute
30 "other; and".
561103B.I-30/10/2007 12 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 2--Amendments to Gambling Regulation Act 2003
s. 10
(2) After section 3.4.11(1)(d) of the Gambling
Regulation Act 2003 insert--
"(e) the self-exclusion program complies with--
(i) any direction given under
5 section 10.6.1; and
(ii) the additional requirements set out in
section 10.6.2; and
(f) the Responsible Gambling Code of Conduct
complies with--
10 (i) any direction given under
section 10.6.6; and
(ii) the additional requirements set out in
section 10.6.7.".
10 Determination of applications and duration of
15 licence--venue operator's licence
(1) In section 3.4.12(2) of the Gambling Regulation
Act 2003 after "conditions" insert "imposed by
this Act and".
(2) In section 3.4.12(2)(c) of the Gambling
20 Regulation Act 2003 for "premises." substitute
"premises; and".
(3) After section 3.4.12(2)(c) of the Gambling
Regulation Act 2003 insert--
"(d) the self-exclusion program that will be
25 conducted by the licensee; and
(e) the Responsible Gambling Code of Conduct
that will be implemented by the licensee.".
561103B.I-30/10/2007 13 BILL LA INTRODUCTION 30/10/2007
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Bill 2007
Part 2--Amendments to Gambling Regulation Act 2003
s. 11
11 New sections 3.4.12A and 3.4.12B inserted
After section 3.4.12 of the Gambling Regulation
Act 2003 insert--
"3.4.12A Self-exclusion program is a condition of
5 licence
It is a condition of a venue operator's licence
that the venue operator conduct a
self-exclusion program that has been
approved by the Commission.
10 3.4.12B Responsible Gambling Code of Conduct is
a condition of licence
It is a condition of a venue operator's licence
that the venue operator implement a
Responsible Gambling Code of Conduct that
15 has been approved by the Commission.".
12 Disciplinary action against venue operator
In section 3.4.25(1) of the Gambling Regulation
Act 2003, in the definition of grounds for
disciplinary action, after paragraph (f) insert--
20 "(g) that there have been repeated breaches by the
venue operator of the operator's
self-exclusion program;
(h) that there have been repeated breaches by the
venue operator of the operator's Responsible
25 Gambling Code of Conduct;".
561103B.I-30/10/2007 14 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 2--Amendments to Gambling Regulation Act 2003
s. 13
13 New section 3.5.32A inserted
After section 3.5.32 of the Gambling Regulation
Act 2003 insert--
"3.5.32A Limiting placement of automatic teller
5 machines and amount that can be
withdrawn in a 24 hour period
(1) A venue operator must not provide, or allow
another person to provide, an automatic teller
machine in a gaming machine area.
10 Penalty: 60 penalty units.
(2) A venue operator must not provide, or allow
another person to provide, an automatic teller
machine in any other part of an approved
venue (other than an approved venue that is
15 on a race-course), if the automatic teller
machine allows a person to withdraw, on any
one debit or credit card, an amount of cash
exceeding $400 in total in a period of
24 hours.
20 Penalty: 60 penalty units.
(3) If an approved venue is on a race-course, a
venue operator must not provide, or allow
another person to provide, an automatic teller
machine within 50 metres of an entrance to a
25 gaming machine area in the approved venue,
if the automatic teller machine allows a
person to withdraw, on any one debit or
credit card, an amount of cash exceeding
$400 in total in a period of 24 hours.
30 Penalty: 60 penalty units.
(4) This section does not apply to a venue
operator who is a casino operator.
561103B.I-30/10/2007 15 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 2--Amendments to Gambling Regulation Act 2003
s. 14
(5) In this section--
approved venue includes the exterior walls
of the venue;
race-course has the same meaning as in the
5 Racing Act 1958.".
14 Payment of accumulated credits and cashing of
cheques
After section 3.5.33(3) of the Gambling
Regulation Act 2003 insert--
10 "(3A) A venue operator must not exchange a
cheque at an approved venue for cash if the
value of the cheque is more than $400.
Penalty: 40 penalty units.
(3B) A venue operator must not exchange at an
15 approved venue, more than one cheque for
cash for any one person, within a period of
24 hours.
Penalty: 40 penalty units.".
15 New section 3.5.33A inserted
20 After section 3.5.33 of the Gambling Regulation
Act 2003 insert--
"3.5.33A Playing of gaming machines by
intoxicated persons prohibited
A venue operator must not knowingly allow
25 a person who is in a state of intoxication to
play a gaming machine.
Penalty: 40 penalty units.
Note
Intoxication is defined in section 1.3A.".
561103B.I-30/10/2007 16 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 2--Amendments to Gambling Regulation Act 2003
s. 16
16 Community benefit statements
For section 3.6.9(3) of the Gambling Regulation
Act 2003 substitute--
"(3) The Minister, by order published in the
5 Government Gazette, may from time to
time--
(a) determine the kind of activities or
purposes that constitute community
purposes;
10 (b) determine the kind of activities or
purposes that do not constitute
community purposes;
(c) specify the maximum amount of
gaming revenue (if any) that can be
15 claimed by the venue operator in
respect of each community purpose
determined under paragraph (a).
(3A) For the purposes of subsection (3)(c), the
Minister may determine the maximum
20 amount of gaming revenue that can be
claimed by the venue operator in respect of
each community purpose by specifying--
(a) a percentage amount; or
(b) a dollar amount; or
25 (c) any other method that specifies the
maximum amount that can be claimed
by a venue operator.".
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Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 2--Amendments to Gambling Regulation Act 2003
s. 17
17 New section 3.6.9A inserted
After section 3.6.9 of the Gambling Regulation
Act 2003 insert--
"3.6.9A Ministerial directions as to requirements
5 of community benefit statements
(1) The Minister may from time to time give a
direction in writing to the Commission or to
venue operators as to any one or more of the
following matters--
10 (a) the information that a venue operator
must include in a community benefit
statement;
(b) the level of detail to be set out in
respect of each claim made by a venue
15 operator in a community benefit
statement;
(c) any other matter relating to the
requirements to be met by venue
operators in relation to community
20 benefit statements.
(2) The Minister may vary or revoke a direction
by further direction in writing to the
Commission.
(3) The Commission must, as soon as possible
25 after receiving a direction under this section,
cause notice of the direction to be published
in the Government Gazette.
(4) The Commission and venue operators are
bound by a direction given under this
30 section.
(5) The Commission must publish in its report
under Part 7 of the Financial Management
Act 1994 for a financial year all directions
given by the Minister under this section
35 during that year.".
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18 Compliance requirements
In section 3.7.2(2) of the Gambling Regulation
Act 2003, after "Chapter" insert ", except to the
extent that they are relevant to any requirements
5 imposed on a venue operator under section 3.6.9
or 3.6.9A in respect of a community benefit
statement".
19 Duration of wagering licence and licence conditions
In section 4.3.9(1) of the Gambling Regulation
10 Act 2003 after "the licence" (where secondly
occurring) insert "and any conditions imposed by
this Act".
20 Amendment of wagering licence conditions
In section 4.3.10 of the Gambling Regulation
15 Act 2003 after "term" insert "and conditions
imposed by this Act".
21 New section 4.3.10A inserted
After section 4.3.10 of the Gambling Regulation
Act 2003 insert--
20 "4.3.10A Responsible Gambling Code of Conduct is
a condition of licence
It is a condition of the wagering licence that
the licensee and the wagering operator
implement a Responsible Gambling Code of
25 Conduct that has been approved by the
Commission.".
22 Disciplinary action--wagering licence
In section 4.3.31(1) of the Gambling Regulation
Act 2003--
30 (a) omit "contravened";
(b) in paragraph (a), before "a condition" insert
"contravened";
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Part 2--Amendments to Gambling Regulation Act 2003
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(c) in paragraph (b), before "the" insert
"contravened";
(d) after paragraph (b), insert--
"(ba) repeatedly breached the licensee's
5 Responsible Gambling Code of
Conduct; or";
(e) in paragraph (c), before "a gaming" insert
"contravened";
(f) after "contravention" insert "or breach".
10 23 New section 4.7.7 inserted
After section 4.7.6 of the Gambling Regulation
Act 2003 insert--
"4.7.7 Gambling by intoxicated persons
prohibited
15 The holder of the wagering licence or the
wagering operator must not knowingly
accept a bet from a person who is in a state
of intoxication.
Penalty: 40 penalty units.
20 Note
Intoxication is defined in section 1.3A.".
24 Application for public lottery licence
In section 5.3.3(2)(a) of the Gambling
Regulation Act 2003 for "documents," substitute
25 "documents (including a Responsible Gambling
Code of Conduct approved by the Commission),".
25 Report to Minister by Commission--public lottery
licence
(1) In section 5.3.4(1)(g) of the Gambling
30 Regulation Act 2003 for "business." substitute
"business;".
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(2) After section 5.3.4(1)(g) of the Gambling
Regulation Act 2003 insert--
"(h) the Responsible Gambling Code of Conduct
accompanying the application complies with
5 any directions given under section 10.6.6 and
the additional requirements set out in
section 10.6.7, and has been approved by the
Commission.".
26 New section 5.3.7B inserted
10 After section 5.3.7A of the Gambling Regulation
Act 2003 insert--
"5.3.7B Responsible Gambling Code of Conduct is
a condition of licence
It is a condition of a public lottery licence
15 that the public lottery licensee implement a
Responsible Gambling Code of Conduct that
has been approved by the Commission.".
27 Grounds for disciplinary action
In section 5.3.21 of the Gambling Regulation
20 Act 2003--
(a) in paragraph (h), for "way." substitute
"way;";
(b) after paragraph (h), insert--
"(i) the licensee has repeatedly breached the
25 licensee's Responsible Gambling Code
of Conduct.".
28 New section 6.2.6C inserted
After section 6.2.6B of the Gambling Regulation
Act 2003 insert--
30 "6.2.6C Responsible Gambling Code of Conduct
The participants operating a club keno
system must implement a Responsible
Gambling Code of Conduct that has been
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Part 2--Amendments to Gambling Regulation Act 2003
s. 29
approved by the Commission in relation to
the operation of the club keno system.".
29 Application for interactive gaming licence
For section 7.3.1(2)(c) of the Gambling
5 Regulation Act 2003 substitute--
"(c) must--
(i) be accompanied by a Responsible
Gambling Code of Conduct that the
applicant intends to implement if the
10 licence is granted; and
(ii) contain or be accompanied by any
additional information that the
Commission requests.".
30 Matters to be considered in determining interactive
15 gaming licence applications
(1) In section 7.3.2(1)(b) of the Gambling
Regulation Act 2003 for "licence." substitute
"licence; and".
(2) After section 7.3.2(1)(b) of the Gambling
20 Regulation Act 2003 insert--
"(c) that the Responsible Gambling Code of
Conduct accompanying the application
complies with--
(i) any directions given under
25 section 10.6.6; and
(ii) the additional requirements set out in
section 10.6.7.".
31 Determination of interactive gaming licence
applications
30 In section 7.3.5(2) of the Gambling Regulation
Act 2003 after "conditions" insert "imposed by
this Act and any conditions".
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32 New section 7.3.5A inserted
After section 7.3.5 of the Gambling Regulation
Act 2003 insert--
"7.3.5A Responsible Gambling Code of Conduct is
5 a condition of licence
It is a condition of an interactive gaming
licence that the holder of the licence
implement a Responsible Gambling Code of
Conduct that has been approved by the
10 Commission.".
33 Changing conditions of interactive gaming licence
In section 7.3.6 of the Gambling Regulation Act
2003 after "gaming licence" insert "(other than a
condition imposed by this Act)".
15 34 Grounds for disciplinary action--interactive gaming
licence
After section 7.3.10(1)(h) of the Gambling
Regulation Act 2003 insert--
"(ha) the licensed provider has repeatedly
20 breached the Responsible Gambling Code of
Conduct of the licensed provider;".
35 Application for bingo centre operator's licence
For section 8.5.3(1) of the Gambling Regulation
Act 2003 substitute--
25 "(1) An application for a licence must--
(a) be in the form approved by the
Commission; and
(b) be accompanied by the prescribed fee;
and
30 (c) be accompanied by a Responsible
Gambling Code of Conduct that the
applicant intends to implement if the
licence is granted.".
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s. 36
36 Matters to be considered in determining bingo
centre operator's licence applications
(1) In section 8.5.6(1)(b) of the Gambling
Regulation Act 2003 for "centre." substitute
5 "centre; and".
(2) After section 8.5.6(1)(b) of the Gambling
Regulation Act 2003 insert--
"(c) the Responsible Gambling Code of Conduct
accompanying the application complies
10 with--
(i) any directions given under
section 10.6.6; and
(ii) the additional requirements set out in
section 10.6.7.".
15 37 Determination of bingo centre operator's licence
applications
In section 8.5.7(3)(b) of the Gambling
Regulation Act 2003 after "conditions" insert
"imposed by this Act or".
20 38 New section 8.5.7A inserted
After section 8.5.7 of the Gambling Regulation
Act 2003 insert--
"8.5.7A Responsible Gambling Code of Conduct is
a condition of licence
25 It is a condition of a bingo centre operator's
licence that the bingo centre operator
implement a Responsible Gambling Code of
Conduct that has been approved by the
Commission.".
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s. 39
39 Amendment of bingo centre operator's licence
conditions
In section 8.5.12(1) of the Gambling Regulation
Act 2003 after "prescribed conditions" insert "or
5 conditions imposed by this Act".
40 Disciplinary action--bingo operator's licence
In section 8.5.13(1) of the Gambling Regulation
Act 2003, in the definition of grounds for
disciplinary action, after paragraph (h) insert--
10 "(i) that the bingo centre operator has repeatedly
breached the operator's Responsible
Gambling Code of Conduct;".
41 Application for commercial raffle organiser's
licence
15 For section 8.5A.5(2) of the Gambling
Regulation Act 2003 substitute--
"(2) An application for a licence must--
(a) be in the form approved by the
Commission; and
20 (b) be accompanied by the prescribed fee;
and
(c) be accompanied by a Responsible
Gambling Code of Conduct that the
applicant intends to implement if the
25 licence is granted.".
42 Matters to be considered in determining commercial
raffle organiser's licence applications
(1) In section 8.5A.7(2)(e) of the Gambling
Regulation Act 2003 for "capacity." substitute
30 "capacity;".
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s. 43
(2) After section 8.5A.7(2)(e) of the Gambling
Regulation Act 2003 insert--
"(f) the Responsible Gambling Code of Conduct
accompanying the application complies
5 with--
(i) any directions given under
section 10.6.6; and
(ii) the additional requirements set out in
section 10.6.7.".
10 43 Determination of commercial raffle organiser's
licence applications
In section 8.5A.8(3)(b) of the Gambling
Regulation Act 2003 after "conditions" insert
"imposed by this Act or".
15 44 New section 8.5A.8A inserted
After section 8.5A.8 of the Gambling Regulation
Act 2003 insert--
"8.5A.8A Responsible Gambling Code of Conduct is
a condition of licence
20 It is a condition of a commercial raffle
organiser's licence that the licensee
implement a Responsible Gambling Code of
Conduct that has been approved by the
Commission.".
25 45 Amendment of commercial raffle organiser's licence
conditions
In section 8.5A.13(1) of the Gambling
Regulation Act 2003 after "prescribed
conditions" insert "or conditions imposed by this
30 Act".
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46 Disciplinary action--commercial raffle organiser's
licence
In section 8.5A.14(1) of the Gambling
Regulation Act 2003, in the definition of grounds
5 for disciplinary action, after paragraph (g)
insert--
"(h) that the licensee has repeatedly breached the
licensee's Responsible Gambling Code of
Conduct;".
10 47 Functions of Commission
Before section 10.1.4(2)(g) of the Gambling
Regulation Act 2003 insert--
"(fb) ensuring that proposed self-exclusion
programs are of a satisfactory standard and
15 comply with--
(i) any directions given under
section 10.6.1; and
(ii) the additional requirements set out in
section 10.6.2;
20 (fc) monitoring approved self-exclusion
programs to ensure that they remain
satisfactory and comply with--
(i) any directions given under
section 10.6.1; and
25 (ii) the additional requirements set out in
section 10.6.2;
(fd) ensuring that proposed Responsible
Gambling Codes of Conduct are of a
satisfactory standard and comply with--
30 (i) any directions given under
section 10.6.6; and
(ii) the additional requirements set out in
section 10.6.7;
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s. 48
(fe) monitoring the compliance of relevant
persons (within the meaning of
section 10.6.5) with their Responsible
Gambling Codes of Conduct;".
5 48 Are Commission proceedings open to the public?
After section 10.1.22(2)(c)(iii) of the Gambling
Regulation Act 2003 insert--
"(iv) vary the approved self-exclusion program;
(v) vary the approved Responsible Gambling
10 Code of Conduct;".
49 New Part 6 inserted in Chapter 10
After Part 5 of Chapter 10 of the Gambling
Regulation Act 2003 insert--
"PART 6--SELF EXCLUSION PROGRAMS AND
15 RESPONSIBLE GAMBLING CODES OF
CONDUCT
Division 1--Self-exclusion programs
10.6.1 Ministerial directions as to requirements
of self-exclusion programs
20 (1) The Minister may from time to time give a
direction in writing to the Commission in
relation to one or more of the following--
(a) the standards and requirements that a
self-exclusion program approved by the
25 Commission, and conducted by a venue
operator, must meet;
(b) guidelines in respect of self-exclusion
programs;
(c) the content, monitoring and
30 enforcement of self-exclusion
programs.
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(2) The Minister may vary or revoke a direction
by further direction in writing to the
Commission.
(3) The Commission must, as soon as possible
5 after receiving a direction under this section,
cause notice of the direction to be published
in the Government Gazette.
(4) The Commission is bound by a direction
given under this section.
10 10.6.2 Self-exclusion program additional
requirements
In addition to any directions given by the
Minister under section 10.6.1, a self-
exclusion program must--
15 (a) detail how a person will be able to
voluntarily exclude himself or herself
under the program; and
(b) detail how a person will be able to opt
out of the program; and
20 (c) be appropriate for the nature and size of
the gaming machine area; and
(d) require the venue operator to assist
customers to exclude themselves in an
effective manner; and
25 (e) set out a review process by which the
venue operator will assess the operation
and effectiveness of the program.
10.6.3 Approval of self-exclusion program
(1) The Commission may approve or refuse to
30 approve a self-exclusion program.
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(2) The Commission must not approve a
self-exclusion program unless satisfied that
the program--
(a) complies with any directions given
5 under section 10.6.1; and
(b) meets the additional requirements set
out in section 10.6.2.
10.6.4 Obligation on venue operators if
requirements in respect of self-exclusion
10 program change
(1) This section applies to a venue operator if--
(a) the Minister gives or varies a direction
under section 10.6.1 that results in a
change to, or addition of, requirements
15 to be met by the venue operator
conducting a self-exclusion program;
and
(b) the self-exclusion program of the venue
operator does not comply with the
20 direction or variation.
(2) A venue operator must, within 6 months
after the date of the direction or variation--
(a) amend the self-exclusion program so
that it complies with the direction or
25 variation; and
(b) submit the amended self-exclusion
program to the Commission for
approval.
(3) The Commission must approve an amended
30 self-exclusion program submitted under
subsection (2) if it complies with the
direction or variation.
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(4) The Commission may extend the period
referred to in subsection (2) for a venue
operator to submit an amended self-
exclusion program if that program requires
5 further amendment before the Commission
can approve it under subsection (3).
Division 2--Responsible Gambling Codes of
Conduct
10.6.5 Definition
10 In this Part--
relevant person means--
(a) a venue operator;
(b) the holder of the wagering licence;
(c) a wagering operator;
15 (d) a public lottery licensee;
(e) a holder of a commercial raffle
organiser's licence;
(f) a bingo centre operator;
(g) a casino operator;
20 (h) the holder of an interactive
gaming licence;
(i) the participants within the
meaning of Chapter 6 (Club
Keno).
25 10.6.6 Ministerial directions as to requirements
of Responsible Gambling Codes of
Conduct
(1) The Minister may from time to time give a
direction in writing to the Commission in
30 relation to one or more of the following--
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(a) the standards and requirements that a
Responsible Gambling Code of
Conduct approved by the Commission,
and implemented by a relevant person,
5 must meet;
(b) guidelines in respect of Responsible
Gambling Codes of Conduct;
(c) the content, monitoring and
enforcement of Responsible Gambling
10 Codes of Conduct.
(2) The Minister may vary or revoke a direction
by further direction in writing to the
Commission.
(3) The Commission must, as soon as possible
15 after receiving a direction under this section,
cause notice of the direction to be published
in the Government Gazette.
(4) The Commission is bound by a direction
given under this section.
20 10.6.7 Responsible Gambling Code of Conduct
additional requirements
In addition to any directions given by the
Minister under section 10.6.6, a Responsible
Gambling Code of Conduct must--
25 (a) demonstrate a commitment by the
relevant person to foster responsible
gambling; and
(b) be appropriate for, and relevant to, the
nature and type of gambling the
30 relevant person is authorised to
provide; and
(c) set out a review process by which the
relevant person will assess the
operation and effectiveness of the
35 Code.
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10.6.8 Approval of Responsible Gambling Code
of Conduct
(1) The Commission may approve or refuse to
approve a Responsible Gambling Code of
5 Conduct.
(2) The Commission must not approve a
Responsible Gambling Code of Conduct
unless satisfied that the Responsible
Gambling Code of Conduct--
10 (a) complies with any directions given
under section 10.6.6; and
(b) meets the additional requirements set
out in section 10.6.7.
10.6.9 Obligation on relevant persons if
15 requirements in respect of Responsible
Gambling Code of Conduct change
(1) This section applies to a relevant person if--
(a) the Minister gives or varies a direction
under section 10.6.6 that results in a
20 change to, or addition of, requirements
to be met by the relevant person
implementing a Responsible Gambling
Code of Conduct; and
(b) the Responsible Gambling Code of
25 Conduct of the relevant person does not
comply with the direction or variation.
(2) A relevant person must, within 6 months
after the date of the direction or variation--
(a) amend the Responsible Gambling Code
30 of Conduct so that it complies with the
direction or variation; and
(b) submit the amended Responsible
Gambling Code of Conduct to the
Commission for approval.
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(3) The Commission must approve an amended
Responsible Gambling Code of Conduct
submitted under subsection (2) if it complies
with the direction or variation.
5 (4) The Commission may extend the period
referred to in subsection (2) for a relevant
person to submit an amended Responsible
Gambling Code of Conduct if that Code of
Conduct requires further amendment before
10 the Commission can approve it under
subsection (3).
Division 3--General
10.6.10 Reports to Minister
The Commission must give each of the
15 following reports to the Minister at intervals
not exceeding 12 months, and at any other
times that the Minister requests--
(a) a report on self-exclusion programs
including whether any disciplinary
20 action was taken against a venue
operator because of repeated breaches
of the venue operator's self-exclusion
program;
(b) a report on Responsible Gambling
25 Codes of Conduct including the
following--
(i) the effectiveness of Responsible
Gambling Codes of Conduct;
(ii) the level of compliance by
30 relevant persons;
(iii) whether any disciplinary action
was taken against a relevant
person because of repeated
breaches of the relevant person's
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Responsible Gambling Code of
Conduct;
(iv) whether any programs, including
educational programs, were
5 conducted by the Commission for
the benefit of relevant persons in
order to increase compliance with,
and the effectiveness of,
Responsible Gambling Codes of
10 Conduct.
__________________".
50 Transitional
After Part 17 of Schedule 7 to the Gambling
Regulation Act 2003 insert--
"PART 18--GAMBLING LEGISLATION
15 AMENDMENT (PROBLEM GAMBLING AND
OTHER MEASURES) ACT 2007
Division 1--Preliminary
18.1 Definition
In this Part--
20 Amending Act means the Gambling
Legislation Amendment (Problem
Gambling and Other Measures) Act
2007.
Division 2--Publication and use of race fields
25 18.2 Publication and use approvals
(1) An approval that was in force under
section 2.5.16A immediately before the
commencement day is taken, on and after
that day, to be a publication and use approval
30 under section 2.5.19D.
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(2) In this clause--
commencement day means the day on which
section 6 of the Amending Act comes
into operation.
5 Division 3--Self-exclusion programs
18.3 Venue operator's licence
(1) Subject to subclause (2), the licence
condition set out in section 3.4.12A applies
to a venue operator licence whether the
10 licence was granted before, on or after the
commencement day.
(2) If a venue operator licence was granted
before the commencement day, the condition
set out in section 3.4.12A does not apply to
15 the licence until the day that is 6 months
after the commencement day.
(3) In this clause--
commencement day means the day on which
section 11 of the Amending Act comes
20 into operation.
Division 4--Responsible Gambling Codes of
Conduct
18.4 Venue operator's licence
(1) Subject to subclause (2), the licence
25 condition set out in section 3.4.12B applies
to a venue operator licence whether the
licence was granted before, on or after the
commencement day.
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(2) If a venue operator licence was granted
before the commencement day, the condition
set out in section 3.4.12B does not apply to
the licence until the day that is 6 months
5 after the commencement day.
(3) In this clause--
commencement day means the day on which
section 11 of the Amending Act comes
into operation.
10 18.5 The wagering licence
(1) The licence condition set out in
section 4.3.10A applies only to the wagering
licence that was in force immediately before
the commencement day, but does not apply
15 to that licence until the day that is 6 months
after the commencement day.
(2) In this clause--
commencement day means the day on which
section 21 of the Amending Act comes
20 into operation.
18.6 Public lottery licence
(1) Subject to subclause (2), the licence
condition set out in section 5.3.7B applies to
a public lottery licence whether the licence
25 was granted before, on or after the
commencement day.
(2) If a public lottery licence was granted before
the commencement day, the condition set out
in section 5.3.7B does not apply to the
30 licence until the day that is 6 months after
the commencement day.
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(3) In this clause--
commencement day means the day on which
section 26 of the Amending Act comes
into operation.
5 18.7 Club keno system
(1) Section 6.2.6C does not apply to the
participants operating a club keno system
until the day that is 6 months after the
commencement day.
10 (2) In this clause--
commencement day means the day on which
section 28 of the Amending Act comes
into operation.
18.8 Interactive gaming licence
15 (1) Subject to subclause (2), the licence
condition set out in section 7.3.5A applies to
an interactive gaming licence whether the
licence was granted before, on or after the
commencement day.
20 (2) If an interactive gaming licence was granted
before the commencement day, the condition
set out in section 7.3.5A does not apply to
the licence until the day that is 6 months
after the commencement day.
25 (3) In this clause--
commencement day means the day on which
section 32 of the Amending Act comes
into operation.
18.9 Bingo centre operator's licence
30 (1) Subject to subclause (2), the licence
condition set out in section 8.5.7A applies to
a bingo centre operator's licence whether the
licence was granted before, on or after the
commencement day.
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(2) If a bingo centre operator's licence was
granted before the commencement day, the
condition set out in section 8.5.7A does not
apply to the licence until the day that is
5 6 months after the commencement day.
(3) In this clause--
commencement day means the day on which
section 38 of the Amending Act comes
into operation.
10 18.10 Commercial raffle organiser's licence
(1) Subject to subclause (2), the licence
condition set out in section 8.5A.8A applies
to a commercial raffle organiser's licence
whether the licence was granted before, on
15 or after the commencement day.
(2) If a commercial raffle organiser's licence was
granted before the commencement day, the
condition set out in section 8.5A.8A does not
apply to the licence until the day that is
20 6 months after the commencement day.
(3) In this clause--
commencement day means the day on which
section 44 of the Amending Act comes
into operation.".
25 51 Statute law revision
In the Gambling Regulation Act 2003--
(a) in section 1.3(1), in the definitions of AFL
footy tipping competition and soccer
football pool, for "public lottery" substitute
30 "lottery";
(b) section 10.1.26(2)(b) is repealed.
__________________
561103B.I-30/10/2007 39 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 3--Amendments to Casino Control Act 1991
s. 52
PART 3--AMENDMENTS TO CASINO CONTROL ACT 1991
52 Definition
See: In section 3(1) of the Casino Control Act 1991
Act No.
47/1991. insert the following definition--
Reprint No. 7
5 as at "Responsible Gambling Code of Conduct has the
5 April 2006
and
same meaning as in the Gambling
amending Regulation Act 2003;".
Act Nos
24/2006,
79/2006 and
22/2007.
LawToday:
www.
legislation.
vic.gov.au
53 New section 3A inserted
After section 3 of the Casino Control Act 1991
10 insert--
"3A What is intoxication?
For the purposes of this Act, a person is in a
state of intoxication if his or her speech,
balance, co-ordination or behaviour is
15 noticeably affected and there are reasonable
grounds for believing that this is the result of
the consumption of liquor.
Note
The Director of Liquor Licensing (appointed under
20 section 149 of the Liquor Control Reform Act 1998)
issues guidelines containing information about how to
determine whether a person is in a state of
intoxication. See section 3AB of the Liquor Control
Reform Act 1998.".
561103B.I-30/10/2007 40 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 3--Amendments to Casino Control Act 1991
s. 54
54 Application for casino licence
For section 8(3) of the Casino Control Act 1991
substitute--
"(3) The application must--
5 (a) be accompanied by a Responsible
Gambling Code of Conduct that the
applicant intends to implement if the
licence is granted; and
(b) contain or be accompanied by any
10 additional information the Commission
requires.".
55 Cancellation, suspension or variation of casino
licence
In section 20(1) of the Casino Control Act 1991,
15 in the definition of grounds for disciplinary
action, after paragraph (da), insert--
"(db) that there have been repeated breaches by the
casino operator of the casino operator's
Responsible Gambling Code of Conduct;".
20 56 New section 62AA inserted
After section 62 of the Casino Control Act 1991
insert--
"62AA Gaming machines must be located indoors
A casino operator must not allow game to be
25 played on a gaming machine in the casino
that is not located wholly indoors.".
561103B.I-30/10/2007 41 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 3--Amendments to Casino Control Act 1991
s. 57
57 New section 69 inserted
After section 68 of the Casino Control Act 1991
insert--
"69 Responsible Gambling Code of Conduct is
5 a condition of licence
It is a condition of a casino licence that the
casino operator implement a Responsible
Gambling Code of Conduct that has been
approved by the Commission.".
10 58 New section 81AAA inserted
After section 81AA of the Casino Control Act
1991 insert--
"81AAA Limiting placement of automatic teller
machines and amount that can be
15 withdrawn in a 24 hour period
A casino operator must not provide, or allow
another person to provide, in the casino or
within 50 metres of any entrance to the
casino, an automatic teller machine, if the
20 automatic teller machine allows a person to
withdraw, on any one debit or credit card, an
amount of cash exceeding $400 in total in a
period of 24 hours.
Penalty: 60 penalty units.".
561103B.I-30/10/2007 42 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 3--Amendments to Casino Control Act 1991
s. 59
59 New section 81AAC inserted
After section 81AAB of the Casino Control Act
1991 insert--
"81AAC Gambling or betting by intoxicated
5 persons prohibited
A casino operator must not knowingly allow
a person who is in a state of intoxication to
gamble or bet in the casino.
Penalty: 40 penalty units.
10 Note
Intoxication is defined in section 3A.".
60 Transitional
After section 170 of the Casino Control Act 1991
insert--
15 "171 Transitional provisions--Gambling
Legislation Amendment (Problem
Gambling and Other Measures) Act 2007
Schedule 4 has effect.".
61 New Schedule 4 inserted
20 After Schedule 3 to the Casino Control Act 1991
insert--
"__________________
SCHEDULE 4
Section 171
TRANSITIONAL PROVISIONS--GAMBLING
LEGISLATION AMENDMENT (PROBLEM
25 GAMBLING AND OTHER MEASURES)
ACT 2007
1 Definitions
In this Schedule--
561103B.I-30/10/2007 43 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 3--Amendments to Casino Control Act 1991
s. 61
Amending Act means the Gambling
Legislation Amendment (Problem
Gambling and Other Measures) Act
2007;
5 commencement day means the day on which
section 57 of the Amending Act comes
into operation.
2 Responsible Gambling Code of Conduct
(1) Subject to subclause (2), the licence
10 condition set out in section 69 applies to a
casino licence whether the licence was
granted before, on or after the
commencement day.
(2) If a casino licence was granted before the
15 commencement day, the condition set out in
section 69, as inserted by section 57 of the
Amending Act, does not apply to the licence
until the day that is 6 months after the
commencement day.".
__________________
561103B.I-30/10/2007 44 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 4--Amendment to Liquor Control Reform Act 1998
s. 62
PART 4--AMENDMENT TO LIQUOR CONTROL REFORM
ACT 1998
62 Consequential amendment of meaning of
intoxication
5 In section 3AB(2) of the Liquor Control Reform See:
Act No.
Act 1998, after "Act" insert ", the Casino 94/1998.
Control Act 1991 or the Gambling Regulation Reprint No. 3
as at
Act 2003". 5 April 2006
and
amending
Act Nos
97/2005,
8/2006,
24/2006,
32/2006 and
80/2006.
LawToday:
www.
legislation.
vic.gov.au
__________________
561103B.I-30/10/2007 45 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Part 5--Repeal of Amending Act
s. 63
PART 5--REPEAL OF AMENDING ACT
63 Repeal of Act
This Act is repealed on 1 January 2011.
561103B.I-30/10/2007 46 BILL LA INTRODUCTION 30/10/2007
Gambling Legislation Amendment (Problem Gambling and Other Measures)
Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561103B.I-30/10/2007 47 BILL LA INTRODUCTION 30/10/2007
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