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PARLIAMENT OF VICTORIA
Gambling Legislation Amendment (Responsible
Gambling and Other Measures) Bill 2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2--RESPONSIBLE GAMBLING AMENDMENTS 3
3 Objectives 3
4 Evicting occupiers of common gaming houses 3
5 New Part 5A inserted in Chapter 2 3
PART 5A--BANNING IRRESPONSIBLE GAMBLING
PRODUCTS AND PRACTICES 3
Division 1--Introduction 3
2.5A.1 Definitions 3
Division 2--Interim ban orders 4
2.5A.2 Minister may make interim ban order 4
2.5A.3 Duration of interim ban order 5
2.5A.4 Minister to direct Commission to investigate 5
Division 3--Fixed term ban orders 6
2.5A.5 Investigation by Commission 6
2.5A.6 Notice of investigation 6
2.5A.7 Submissions 7
2.5A.8 Report on investigation 7
2.5A.9 Fixed term ban order 8
2.5A.10 Duration of fixed term ban order 9
2.5A.11 Revocation of fixed term ban order 9
2.5A.12 Disallowance of fixed term ban order 9
Division 4--Effect of ban orders 10
2.5A.13 Offence to breach ban order 10
561219B.I-7/10/2008 i BILL LA INTRODUCTION 7/10/2008
Clause Page
Division 5--General 10
2.5A.14 No compensation 10
6 New section 3.4.12C inserted 11
3.4.12C Amendment of self-exclusion program or
Responsible Gambling Code of Conduct 11
7 New section 3.4.36 substituted 11
3.4.36 Disciplinary action 11
8 New section 3.5.17A inserted 13
3.5.17A Gaming machines must be connected to approved
electronic monitoring system 13
9 Investigation of associates and others--gaming machines 13
10 New section 4.3.30 substituted and sections 4.3.30A to
4.3.30C inserted 13
4.3.30 Change in situation of licensees, associates etc. 13
4.3.30A Notification of persons becoming associates 14
4.3.30B Investigation of associates and others 14
4.3.30C Termination of association 15
11 New section 4.3.31 substituted 16
4.3.31 Disciplinary action 16
12 New section 5.3.30 inserted 18
5.3.30 Responsible Gambling Code of Conduct is a
condition of temporary licence 18
13 New section 8.2.4A inserted 18
8.2.4A Bingo sessions conducted by others 18
14 New section 8.3.6 substituted and section 8.3.6A inserted 19
8.3.6 Duration of declaration 19
8.3.6A Renewal of declaration 19
15 Commission proceedings in relation to irresponsible gambling
products and practices 20
16 Responsible gambling codes of conduct 21
17 New section 10.6.4A inserted 21
10.6.4A Venue operator may apply to Commission to
approve amended self-exclusion program 21
18 New section 10.6.9A inserted 21
10.6.9A Relevant person may apply to Commission to
approve amended Code of Conduct 21
PART 3--BINGO AMENDMENTS 22
19 What is a bingo centre? 22
20 What is a session? 22
21 New section 8.2.4 substituted 22
8.2.4 Bingo sessions conducted by or on behalf of
community or charitable organisations 22
22 Bingo 23
561219B.I-7/10/2008 ii BILL LA INTRODUCTION 7/10/2008
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23 New sections 8.4.2A to 8.4.2F inserted 23
8.4.2A Notification of intention to conduct or cease
conducting bingo sessions 23
8.4.2B Nominees 25
8.4.2C Notification of large bingo prizes 26
8.4.2D Bingo rules 27
8.4.2E Rules binding unless Commission approves a variation 27
8.4.2F Commission may require notification of bingo rules 28
24 Further bingo amendments 29
25 New Division 4 inserted in Part 4 of Chapter 8 30
Division 4--Disciplinary action against community or
charitable organisations in relation to bingo 30
8.4.17 Definitions 30
8.4.18 Taking disciplinary action 32
8.4.19 Letter of censure 34
8.4.20 Appeal 34
26 Further bingo amendments 35
27 Gaming industry employees 36
28 Subject matter for regulations--bingo 36
PART 4--MINORS 38
29 Repeal of provisions in relation to gambling by minors 38
30 Evidence 38
31 New Part 7 inserted in Chapter 10 38
PART 7--MINORS 38
10.7.1 Definitions 38
10.7.2 Application of Part 41
10.7.3 Offences in respect of allowing a minor to gamble 42
10.7.4 Offence to assist minor to gamble 42
10.7.5 Offence by minor to gamble 43
10.7.6 Offences in respect of minors in a gaming machine
area or casino 43
10.7.7 Offence by minor to enter gaming machine area or
casino 44
10.7.8 Offence by minor using false evidence of age 44
10.7.9 Notices to be displayed 45
10.7.10 Supervision of vending machines 45
10.7.11 No offence if gambling employee a minor 45
10.7.12 Defences 46
10.7.13 Proof of age may be required 46
32 Consequential amendments to the Racing Act 1958 48
33 Consequential amendments to the Casino Control Act 1991 48
561219B.I-7/10/2008 iii BILL LA INTRODUCTION 7/10/2008
Clause Page
PART 5--OTHER AMENDMENTS TO THE GAMBLING
REGULATION ACT 2003 49
34 New Division 8 inserted in Part 3A of Chapter 4 49
Division 8--General 49
4.3A.40 Powers of Secretary 49
35 New Division 8 inserted in Part 3 of Chapter 6A 49
Division 8--General 49
6A.3.40 Powers of Secretary 49
36 Nomination of assistants and advisers 49
37 Confidentiality 50
38 New Part 1A inserted in Chapter 10 51
PART 1A--THE MINISTER AND THE SECRETARY 51
10.1A.1 Nomination of assistants and advisers 51
39 New section 10.4.7HA inserted 52
10.4.7HA Powers of Secretary 52
40 Statute law revision 52
41 New Part 21 inserted in Schedule 7 52
PART 21--GAMBLING LEGISLATION AMENDMENT
(RESPONSIBLE GAMBLING AND OTHER MEASURES)
ACT 2008 52
21.1 Definition of amending Act 52
21.2 Community and charitable gaming 53
21.3 Bingo 54
PART 6--REPEAL OF AMENDING ACT 55
42 Repeal of Act 55
ENDNOTES 56
561219B.I-7/10/2008 iv BILL LA INTRODUCTION 7/10/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Gambling Legislation Amendment
(Responsible Gambling and Other
Measures) Bill 2008
A Bill for an Act to amend the Gambling Regulation Act 2003, the
Casino Control Act 1991 and the Racing Act 1958 to promote
responsible gambling and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The purposes of this Act are--
(a) to amend the Gambling Regulation Act
5 2003 to--
(i) consolidate offences in relation to
minors;
561219B.I-7/10/2008 1 BILL LA INTRODUCTION 7/10/2008
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Measures) Bill 2008
Part 1--Preliminary
s. 2
(ii) provide for the banning of irresponsible
gambling products and practices;
(iii) reform the regulation of the conduct of
bingo by or on behalf of community or
5 charitable organisations;
(iv) clarify the Secretary's powers in
relation to wagering and betting
licensing and keno licensing;
(v) make other miscellaneous amendments;
10 (b) to make consequential amendments to the
Casino Control Act 1991 and the Racing
Act 1958.
2 Commencement
(1) This Act (other that Parts 2, 3 and 4) comes into
15 operation on the day after the day on which it
receives the Royal Assent.
(2) Subject to subsection (4), Parts 2 and 4 come into
operation on a day or days to be proclaimed.
(3) Part 3 comes into operation on the first
20 anniversary of the day on which this Act receives
the Royal Assent.
(4) If a provision of Part 2 or 4 does not come into
operation before 1 January 2010, it comes into
operation on that day.
__________________
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Measures) Bill 2008
Part 2--Responsible Gambling Amendments
s. 3
PART 2--RESPONSIBLE GAMBLING AMENDMENTS
3 Objectives
In section 1.1(2) of the Gambling Regulation See:
Act No.
Act 2003-- 114/2003.
Reprint No. 2
5 (a) after paragraph (a) insert-- as at
1 October
"(ab) to ensure that minors are neither 2007
and
encouraged to gamble nor allowed to amending
do so;"; Act Nos
39/2007,
(b) for paragraph (e)(i) substitute-- 72/2007,
4/2008,
12/2008 and
10 "(i) community and charitable gaming 40/2008.
benefits the community or charitable LawToday:
www.
organisation concerned;". legislation.
vic.gov.au
4 Evicting occupiers of common gaming houses
After section 2.5.25(4) of the Gambling
15 Regulation Act 2003 insert--
"(5) This section does not apply if the occupier
occupies the house or place under a tenancy
agreement to which the Residential
Tenancies Act 1997 applies.".
20 5 New Part 5A inserted in Chapter 2
After Part 5 of Chapter 2 of the Gambling
Regulation Act 2003 insert--
"PART 5A--BANNING IRRESPONSIBLE
GAMBLING PRODUCTS AND PRACTICES
25 Division 1--Introduction
2.5A.1 Definitions
In this Part--
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Measures) Bill 2008
Part 2--Responsible Gambling Amendments
s. 5
fixed term ban order means an order made
under section 2.5A.9;
gambling practice means any practice that is
adopted in connection with the offering
5 or provision of a gambling product;
gambling product means a product that may
be used for gambling or that resembles
a product that may be used for
gambling, whether or not that product
10 is otherwise regulated by or under a
gaming Act;
interim ban order means an order made
under section 2.5A.2;
responsible gambling objective means an
15 objective referred to in section 1.1(2)(a)
or (ab).
Division 2--Interim ban orders
2.5A.2 Minister may make interim ban order
(1) The Minister, by notice published in the
20 Government Gazette, may make an order
banning a gambling product or gambling
practice, if the Minister considers that the
product or practice undermines or may
undermine a responsible gambling objective.
25 (2) The Minister may make an interim ban order
whether or not the gambling product has
been offered or provided, or the gambling
practice has been adopted, in Victoria.
(3) The Minister must publish notice of the
30 making of an interim ban order in a
newspaper circulating generally in Victoria.
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Part 2--Responsible Gambling Amendments
s. 5
2.5A.3 Duration of interim ban order
An interim ban order--
(a) takes effect on the day on which notice
of the order is published in the
5 Government Gazette, or on a later day
specified in the notice; and
(b) remains in force for 12 months after the
day on which it takes effect, unless it is
sooner revoked by the Minister or
10 replaced by a fixed term ban order.
2.5A.4 Minister to direct Commission to
investigate
(1) If the Minister makes an interim ban order,
the Minister must give a written direction to
15 the Commission--
(a) to investigate the gambling product or
gambling practice that is the subject of
the order; and
(b) to report to the Minister on whether the
20 gambling product or gambling practice
should be made the subject of a fixed
term ban order.
(2) The Minister may include in a direction
under subsection (1) any matter that the
25 Minister requires the Commission to address
in the investigation or report.
(3) A failure by the Minister to comply with this
section does not affect the validity or
operation of an interim ban order.
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Measures) Bill 2008
Part 2--Responsible Gambling Amendments
s. 5
Division 3--Fixed term ban orders
2.5A.5 Investigation by Commission
If the Minister gives the Commission a
direction under section 2.5A.4, the
5 Commission must investigate the gambling
product or gambling practice that is the
subject of the notice.
2.5A.6 Notice of investigation
(1) As soon as practicable after receiving a
10 direction under section 2.5A.4, the
Commission must--
(a) publish notice of the investigation in
the Government Gazette and on its
website; and
15 (b) give written notice of the investigation
to any person who the Commission is
aware is offering or providing the
gambling product or adopting the
gambling practice in Victoria.
20 (2) Notice under subsection (1) must state--
(a) that the Minister has made an interim
ban order and the effect of that order;
and
(b) that the Commission has been directed
25 to investigate the gambling product or
gambling practice that is the subject of
the order and report to the Minister; and
(c) in the case of notice under
subsection (1)(b), that the person may
30 make a written submission to the
Commission within a period specified
in the notice (being a period of not less
than 90 days).
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Part 2--Responsible Gambling Amendments
s. 5
2.5A.7 Submissions
(1) A person to whom notice is given under
section 2.5A.6(1)(b) may make a written
submission to the Commission within the
5 period specified in the notice, or the longer
period allowed by the Commission.
(2) The submission--
(a) must be in the form (if any) approved
by the Commission;
10 (b) must contain the information (if any)
required by the Commission.
(3) If a person makes a submission in
accordance with this section, the
Commission must take it into account in
15 making a report to the Minister under
section 2.5A.8.
2.5A.8 Report on investigation
(1) The Commission must make a written report
to the Minister on an investigation under
20 section 2.5A.5 within 9 months after the day
on which the Minister directed the
Commission to conduct the investigation.
(2) The report must contain--
(a) a recommendation that--
25 (i) a fixed term ban order be made in
respect of the gambling product or
gambling practice that is the
subject of the report; or
(ii) the interim ban order in respect of
30 that gambling product or
gambling practice be revoked; and
(b) the reasons for that recommendation;
and
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Part 2--Responsible Gambling Amendments
s. 5
(c) the findings on material questions of
fact that led to that recommendation.
2.5A.9 Fixed term ban order
(1) After considering a report of the
5 Commission under section 2.5A.8, the
Minister may make an order banning the
gambling product or gambling practice that
is the subject of the report for a period not
exceeding 10 years, if the Minister is
10 satisfied that the product or practice
undermines or may undermine a responsible
gambling objective.
(2) In making a fixed term ban order, the
Minister may rely on, but is not bound by,
15 any recommendation contained in the
Commission's report.
(3) The Minister may make a fixed term ban
order whether or not--
(a) the gambling product has been offered
20 or provided, or the gambling practice
has been adopted, in Victoria; or
(b) the interim ban order in respect of the
gambling product or gambling practice
has expired.
25 (4) The Minister makes a fixed term ban order
by notice published in the Government
Gazette.
(5) If the Minister makes a fixed term ban
order--
30 (a) the Minister must publish notice of the
making of the order in a newspaper
circulating generally in Victoria; and
(b) the Minister must cause a copy of the
order to be presented to each House of
35 Parliament within 6 sitting days of that
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s. 5
House after the making of the order;
and
(c) the Minister must give a copy of the
notice to the Commission; and
5 (d) the Commission must cause a copy of
the notice to be made available on its
website as soon as practicable after
receiving the copy from the Minister.
(6) A notice under subsection (4) or (5) must
10 include the Minister's reasons for making the
fixed term ban order.
2.5A.10 Duration of fixed term ban order
A fixed term ban order--
(a) takes effect on the day on which notice
15 of the order is published in the
Government Gazette, or on a later day
specified in the notice; and
(b) remains in force for the period specified
in the order by the Minister, unless it is
20 sooner revoked by the Minister.
2.5A.11 Revocation of fixed term ban order
(1) The Minister, by notice published in the
Government Gazette, may revoke a fixed
term ban order at any time.
25 (2) The Minister must give a copy of the notice
to the Commission as soon as practicable
after the notice is published.
2.5A.12 Disallowance of fixed term ban order
(1) A fixed term ban order is disallowed if--
30 (a) a notice of a resolution to disallow the
order is given in a House of Parliament
on or before the 18th sitting day of that
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Part 2--Responsible Gambling Amendments
s. 5
House after the order is presented to
that House; and
(b) the resolution is passed by that House
on or before the 12th sitting day of that
5 House after the giving of the notice of
the resolution.
(2) Disallowance of a fixed term ban order has
the same effect as a revocation of the order.
Division 4--Effect of ban orders
10 2.5A.13 Offence to breach ban order
(1) While an interim ban order or fixed term ban
order is in force, a person must not offer or
provide a gambling product, or adopt a
gambling practice, in contravention of the
15 order.
Penalty: 1000 penalty units.
(2) It is a defence to a charge for an offence
against subsection (1) if--
(a) notice of the making of the order had
20 not been published in a newspaper
circulating generally in Victoria; and
(b) the defendant was not aware of the
making of the order.
Division 5--General
25 2.5A.14 No compensation
No compensation is payable by the State in
respect of loss, damage or injury of any kind
suffered by any person as a result of, or
arising out of, the making of an interim ban
30 order or a fixed term ban order.
__________________".
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Measures) Bill 2008
Part 2--Responsible Gambling Amendments
s. 6
6 New section 3.4.12C inserted
After section 3.4.12B of the Gambling
Regulation Act 2003 insert--
"3.4.12C Amendment of self-exclusion program or
5 Responsible Gambling Code of Conduct
(1) The Commission, by written notice, may
require a venue operator to--
(a) amend the operator's self-exclusion
program or Responsible Gambling
10 Code of Conduct (or both); and
(b) submit the amended self-exclusion
program or Responsible Gambling
Code of Conduct to the Commission for
approval--
15 within the time specified by the Commission
in the notice.
(2) A venue operator must comply with a
requirement made under subsection (1).".
7 New section 3.4.36 substituted
20 For section 3.4.36 of the Gambling Regulation
Act 2003 substitute--
"3.4.36 Disciplinary action
(1) In this section--
disciplinary action, against the holder of a
25 gaming operator's licence, means--
(a) the reprimanding of the licence
holder; or
(b) the imposition of a fine not
exceeding an amount that is
30 50 000 times the value of a
penalty unit fixed by the Treasurer
under section 5(3) of the
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Part 2--Responsible Gambling Amendments
s. 7
Monetary Units Act 2004 on the
licence holder;
grounds for disciplinary action, in relation
to the holder of a gaming operator's
5 licence, means that the holder of the
licence has committed a breach--
(a) of a condition of the licence; or
(b) of a gaming Act or gaming
regulations.
10 (2) The Commission may serve on the holder of
a gaming operator's licence a notice in
writing giving the licence holder an
opportunity to show cause within 28 days
why disciplinary action should not be taken
15 on grounds for disciplinary action specified
in the notice.
(3) The licence holder, within the period allowed
by the notice, may arrange with the
Commission for the making of submissions
20 to the Commission as to why disciplinary
action should not be taken and the
Commission must consider any submissions
so made.
(4) The Commission may then take disciplinary
25 action against the licence holder as the
Commission sees fit and does so by giving
written notice of the disciplinary action to
the licence holder.
(5) If the disciplinary action is the imposition of
30 a fine, the fine may be recovered as a debt
due to the State.".
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Part 2--Responsible Gambling Amendments
s. 8
8 New section 3.5.17A inserted
After section 3.5.17 of the Gambling Regulation
Act 2003 insert--
"3.5.17A Gaming machines must be connected to
5 approved electronic monitoring system
A gaming operator must not allow a game to
be played on a gaming machine of the
gaming operator unless the gaming machine
is connected to the gaming operator's
10 approved electronic monitoring system.".
9 Investigation of associates and others--gaming
machines
In section 3.8.3(3) of the Gambling Regulation
Act 2003, for "the Executive Commissioner"
15 substitute "any commissioner".
10 New section 4.3.30 substituted and sections 4.3.30A
to 4.3.30C inserted
For section 4.3.30 of the Gambling Regulation
Act 2003 substitute--
20 "4.3.30 Change in situation of licensees, associates
etc.
(1) Whenever a change of a kind specified by
the Commission in writing given to the
licensee or an operator takes place in the
25 situation existing in relation to the licensee
or operator, the licensee or operator must
notify the Commission in writing of the
change within 14 days after it takes place.
Penalty: 60 penalty units.
30 (2) A function of the Commission under this
section may be performed by any
commissioner.
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Part 2--Responsible Gambling Amendments
s. 10
4.3.30A Notification of persons becoming
associates
The licensee or an operator must--
(a) notify the Commission in writing that a
5 person is likely to become an associate
as soon as practicable after the licensee
or operator becomes aware of the
likelihood; and
(b) ensure that a person does not become
10 an associate within the meaning of
section 1.4(1)(a) or (b) except with the
prior approval in writing of the
Commission.
4.3.30B Investigation of associates and others
15 (1) The Commission may from time to time
investigate--
(a) an associate, or a person likely to
become an associate, of the licensee or
of an operator; or
20 (b) any person, body or association having
a business association with a person
referred to in paragraph (a).
(2) The Commission--
(a) may require an associate or a person
25 likely to become an associate to consent
to having his or her photograph, finger
prints and palm prints taken; and
(b) must refer a copy of such photograph,
finger prints and palm prints and any
30 supporting documents to the Chief
Commissioner of Police.
(3) A function of the Commission under this
section may be performed by any
commissioner.
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s. 10
4.3.30C Termination of association
(1) If--
(a) the Commission, having regard to the
matters referred to in subsection (2),
5 determines that an associate of the
licensee or of an operator is unsuitable
to be concerned in or associated with
the business of the licensee or operator;
and
10 (b) the associate is a person referred to in
section 1.4(1)(a) or (b)--
the Commission may, by notice in writing,
require the associate to terminate the
association with the licensee or operator.
15 (2) In particular, the Commission must consider
whether the associate--
(a) is of good repute, having regard to
character, honesty and integrity;
(b) is of sound and stable financial
20 background;
(c) has any business association with any
person, body or association who or
which, in the opinion of the
Commission, is not of good repute
25 having regard to character, honesty and
integrity or has undesirable or
unsatisfactory financial resources.
(3) If the Commission determines that an
associate of the licensee or of an operator has
30 engaged or is engaging in conduct that, in the
Commission's opinion, is unacceptable for a
person who is concerned in or associated
with the ownership, management or
operation of the business of the licensee or
35 operator, the Commission may--
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(a) issue a written warning to the associate
that the conduct is unacceptable; or
(b) give written notice to the associate
requiring the associate to give a written
5 undertaking to the Commission, within
the period specified in the notice,
regarding the future conduct of the
associate.
(4) If the associate fails to give an undertaking
10 required under subsection (3)(b) or breaches
an undertaking given under that provision,
the Commission may give the associate
written notice requiring the associate to
terminate, within 14 days or a longer period
15 agreed with the Commission, the association
with the licensee or operator.
(5) If the association is not terminated within
14 days after the date of the notice referred
to in subsection (1) or (4) or any longer
20 period agreed with the Commission, the
Commission may, by notice in writing, direct
the licensee or operator to take all reasonable
steps to terminate the association and the
licensee or operator must comply with the
25 direction within 14 days or any longer period
agreed with the Commission.".
11 New section 4.3.31 substituted
For section 4.3.31 of the Gambling Regulation
Act 2003 substitute--
30 "4.3.31 Disciplinary action
(1) In this section--
disciplinary action, against the licensee or
the operator, means--
(a) the reprimanding of the licensee
35 or the operator; or
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(b) the imposition of a fine not
exceeding an amount that is
50 000 times the value of a
penalty unit fixed by the Treasurer
5 under section 5(3) of the
Monetary Units Act 2004 on the
licensee or the operator;
grounds for disciplinary action, in relation
to the licensee or the operator, means
10 that the licensee or the operator has
contravened--
(a) a condition of the wagering
licence or the gaming licence (or
both); or
15 (b) the betting rules; or
(c) a gaming Act or gaming
regulations or any other law
relating to wagering or gaming.
(2) The Commission may serve on the licensee
20 or the operator a notice in writing giving the
licensee or the operator an opportunity to
show cause within 28 days why disciplinary
action should not be taken on grounds for
disciplinary action specified in the notice.
25 (3) The licensee or the operator, within the
period allowed by the notice, may arrange
with the Commission for the making of
submissions to the Commission as to why
disciplinary action should not be taken and
30 the Commission must consider any
submissions so made.
(4) The Commission may then take disciplinary
action against the licensee or the operator as
the Commission sees fit and does so by
35 giving written notice of the disciplinary
action to the licensee or the operator.
561219B.I-7/10/2008 17 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 2--Responsible Gambling Amendments
s. 12
(5) If the disciplinary action is the imposition of
a fine, the fine may be recovered as a debt
due to the State.".
12 New section 5.3.30 inserted
5 After section 5.3.29 of the Gambling Regulation
Act 2003 insert--
"5.3.30 Responsible Gambling Code of Conduct is
a condition of temporary licence
It is a condition of a temporary public lottery
10 licence that the temporary licensee
implement a Responsible Gambling Code of
Conduct that has been approved by the
Commission.".
13 New section 8.2.4A inserted
15 After section 8.2.4 of the Gambling Regulation
Act 2003 insert--
"8.2.4A Bingo sessions conducted by others
(1) A person, other than a community or
charitable organisation or bingo centre
20 operator, may conduct a session of bingo
if--
(a) either--
(i) no fee is charged, directly or
indirectly, to participate in the
25 bingo; or
(ii) the whole of the gross receipts
from the session of bingo is
distributed as prizes during that
session; and
30 (b) the session of bingo is--
(i) not advertised to or open to the
general public; and
561219B.I-7/10/2008 18 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 2--Responsible Gambling Amendments
s. 14
(ii) provided for the entertainment of
the players and not intended to
provide a commercial benefit to
the person conducting the session
5 or to any other person.
(2) Nothing in Division 2 or 3 of Part 4 (other
than section 8.4.4(3)) applies to a session of
bingo conducted by a person authorised by
this section to conduct a session of bingo.".
10 14 New section 8.3.6 substituted and section 8.3.6A
inserted
For section 8.3.6 of the Gambling Regulation
Act 2003 substitute--
"8.3.6 Duration of declaration
15 A declaration of an organisation as a
community or charitable organisation--
(a) takes effect when the instrument of
declaration is made;
(b) remains in force for a period of
20 10 years unless the declaration--
(i) is revoked in accordance with this
Division; or
(ii) is renounced by the organisation
by notice in writing given to the
25 Commission.
Note
A declaration may be suspended under section 8.3.11.
8.3.6A Renewal of declaration
(1) A community or charitable organisation
30 may, not earlier than 9 months before the
expiration of the current declaration, apply to
the Commission, for a new declaration as a
community or charitable organisation, in
which case--
561219B.I-7/10/2008 19 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 2--Responsible Gambling Amendments
s. 15
(a) the current declaration continues in
force, unless sooner revoked or
renounced, until the new declaration is
made or refused; and
5 (b) if made, the new declaration must be
taken to have been made on the day on
which the current declaration was due
to expire and must be dated
accordingly.
10 (2) An application for a new declaration must be
made in or to the effect of a form approved
by the Commission and must be
accompanied by the prescribed fee (if any).
(3) This Act applies to and in relation to--
15 (a) an application under this section for a
new declaration; and
(b) the determination of such an
application; and
(c) any declaration made as a result of such
20 an application--
as if the application has been made by an
organisation other than a community or
charitable organisation.".
15 Commission proceedings in relation to irresponsible
25 gambling products and practices
After section 10.1.22(2) of the Gambling
Regulation Act 2003 insert--
"(2A) A meeting or inquiry for the purposes of
Part 5A of Chapter 2 must be conducted in
30 public unless the Commission determines
that there are special circumstances requiring
that the meeting or inquiry or part of it
should be held in private.".
561219B.I-7/10/2008 20 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 2--Responsible Gambling Amendments
s. 16
16 Responsible gambling codes of conduct
In section 10.6.5 of the Gambling Regulation
Act 2003, in the definition of relevant person, for
paragraph (d) substitute--
5 "(d) a public lottery licensee or temporary public
lottery licensee;".
17 New section 10.6.4A inserted
After section 10.6.4 of the Gambling Regulation
Act 2003 insert--
10 "10.6.4A Venue operator may apply to Commission
to approve amended self-exclusion
program
Nothing in this Part prevents or limits a
venue operator's ability to submit an
15 amended self-exclusion program to the
Commission at any time for approval.".
18 New section 10.6.9A inserted
After section 10.6.9 of the Gambling Regulation
Act 2003 insert--
20 "10.6.9A Relevant person may apply to
Commission to approve amended Code of
Conduct
Nothing in this Part prevents or limits a
relevant person's ability to submit an
25 amended Responsible Gambling Code of
Conduct to the Commission at any time for
approval.".
__________________
561219B.I-7/10/2008 21 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 3--Bingo Amendments
s. 19
PART 3--BINGO AMENDMENTS
19 What is a bingo centre?
In section 1.3(1) of the Gambling Regulation
Act 2003, for the definition of bingo centre
5 substitute--
"bingo centre means a house or place in which
sessions of bingo are regularly conducted on
a commercial basis;".
20 What is a session?
10 (1) Insert the following definition in section 8.1.2 of
the Gambling Regulation Act 2003--
"session of bingo means a session comprising no
more than 30 games of bingo conducted
within an 8 hour period;".
15 (2) In section 8.2.2(b) of the Gambling Regulation
Act 2003 omit "games".
21 New section 8.2.4 substituted
For section 8.2.4 of the Gambling Regulation
Act 2003 substitute--
20 "8.2.4 Bingo sessions conducted by or on behalf
of community or charitable organisations
(1) A session of bingo may be conducted in
accordance with this Chapter and the
regulations by--
25 (a) a community or charitable organisation;
or
(b) a bingo centre operator on behalf of a
community or charitable organisation.
561219B.I-7/10/2008 22 BILL LA INTRODUCTION 7/10/2008
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Measures) Bill 2008
Part 3--Bingo Amendments
s. 22
(2) Nothing in Division 2 or 3 of Part 4 applies
to a session of bingo conducted by a
community or charitable organisation if--
(a) no fee is charged, directly or indirectly,
5 to participate in the bingo; or
(b) the whole of the gross receipts from the
session of bingo is distributed as prizes
during that session.".
22 Bingo
10 Section 8.3.14(1)(b) of the Gambling Regulation
Act 2003 is repealed.
23 New sections 8.4.2A to 8.4.2F inserted
After the heading to Division 2 of Part 4 of
Chapter 8 of the Gambling Regulation Act 2003
15 insert--
"8.4.2A Notification of intention to conduct or
cease conducting bingo sessions
(1) A community or charitable organisation must
give notice to the Commission of the
20 intention to commence the conduct of one or
more sessions of bingo at least 7 days before
the first day on which the first session of
bingo is to be conducted.
(2) The notice--
25 (a) must be in the form approved by the
Commission; and
(b) must contain the following
information--
(i) the address of the premises at
30 which the sessions will be
conducted;
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Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 3--Bingo Amendments
s. 23
(ii) the days of the week or the dates
on which the sessions will be
conducted;
(iii) the starting and finishing times of
5 the sessions;
(iv) the frequency of the sessions;
(v) the number of games of bingo to
be played in each session;
(vi) the name and number of the
10 account in which the proceeds
from the sessions will be
deposited and the name and
branch of the approved deposit-
taking institution at which that
15 account is held; and
(c) must nominate a natural person aged
18 years or more to be responsible for
the conduct of the sessions; and
(d) must include the consent of the
20 nominee to his or her nomination.
(3) A community or charitable organisation must
notify the Commission in writing within
7 days after a change in any of the
information referred to in subsection (2)(b)
25 contained in a notice given by the
organisation to the Commission.
(4) If sessions of bingo are conducted on behalf
of a community or charitable organisation by
a bingo centre operator, subsection (3)
30 applies as if the bingo centre operator were
the community or charitable organisation.
561219B.I-7/10/2008 24 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 3--Bingo Amendments
s. 23
(5) A community or charitable organisation must
notify the Commission in writing of the
organisation's intention to cease conducting
sessions of bingo for a period longer than the
5 period, if any, prescribed by the regulations.
8.4.2B Nominees
(1) The natural person nominated by a
community or charitable organisation under
section 8.4.2A is responsible on behalf of the
10 organisation for the conduct of the sessions
of bingo and is liable under this Act as the
organisation.
(2) If a nominated person resigns, is dismissed
or leaves the community or charitable
15 organisation--
(a) the organisation must nominate another
natural person within 7 days (or any
longer period allowed by the
Commission in a particular case) after
20 the resignation, dismissal or leaving;
and
(b) the directors of the organisation or the
members of the managing committee of
the organisation (as the case may be)
25 are severally liable under this Act as the
organisation in relation to the conduct
of sessions of bingo until such time as
another person is nominated by the
organisation.
30 (3) The liability of a community or charitable
organisation is not limited under this Act by
the nomination of its nominee except in
respect of a contract entered into under
section 8.4.6.
561219B.I-7/10/2008 25 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 3--Bingo Amendments
s. 23
(4) A function of the Commission under this
section may be performed by any
commissioner.
8.4.2C Notification of large bingo prizes
5 (1) A community or charitable organisation or a
bingo centre operator that intends to conduct
a session of bingo at which the total prizes
for the session will or is likely to exceed the
prescribed amount must notify the
10 Commission in writing of that intention at
least 3 business days before conducting the
session.
(2) The notice--
(a) must be in the form approved by the
15 Commission; and
(b) must contain the following
information--
(i) the contact details for the
organisation or operator;
20 (ii) the organisation's declared
organisation number or the
operator's licence number (as the
case requires);
(iii) the date and time of the session at
25 which the prizes will or are likely
to exceed the prescribed amount;
(iv) the expected amount of prizes for
the session;
(v) any other information the
30 Commission requires.
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Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 3--Bingo Amendments
s. 23
8.4.2D Bingo rules
(1) The Commission, may make rules for or
with respect to the conduct of bingo under
this Chapter.
5 (2) The Commission may vary or revoke a rule
made under subsection (1).
(3) The Commission must--
(a) publish on its website a copy of rules
made under this section and any
10 variation or revocation of those rules;
and
(b) notify in writing each community or
charitable organisation and each bingo
centre operator that the Commission
15 knows is conducting bingo to which
rules made under this section apply of
the making of those rules and of any
variation or revocation of those rules.
(4) The Commission must cause rules made
20 under this section, and a variation or
revocation of a rule, to be published in the
Government Gazette.
(5) A rule, a variation of a rule or a revocation of
a rule takes effect on the date that it is
25 published in the Government Gazette or on
the later date specified in the rule, variation
or revocation.
(6) Different rules may be made under this
section for different forms of bingo.
30 8.4.2E Rules binding unless Commission
approves a variation
(1) Subject to this section, a community or
charitable organisation or a bingo centre
operator must comply with rules made under
35 section 8.4.2D.
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Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 3--Bingo Amendments
s. 23
(2) A community or charitable organisation or a
bingo centre operator may apply to the
Commission for approval to vary the rules
that would otherwise apply to the
5 organisation or operator.
(3) An application--
(a) must be in the form, and contain the
information, approved by the
Commission; and
10 (b) must be accompanied by the prescribed
fee.
(4) On an application under subsection (2), the
Commission may approve a variation of the
rules as those rules apply to the applicant.
15 (5) If the Commission approves a variation
under subsection (4), the organisation or
operator must comply with the rules as
varied.
(6) The Commission must publish on its website
20 any variation approved by the Commission
under subsection (4).
8.4.2F Commission may require notification of
bingo rules
(1) The Commission, by written notice, may
25 require a community or charitable
organisation or a bingo centre operator, to
notify patrons of the rules that apply to the
conduct of a session of bingo.
(2) Without limiting the Commission's power
30 under subsection (1), the Commission may
require notification of the rules to be made--
(a) by displaying notices in the form and
manner specified by the Commission;
561219B.I-7/10/2008 28 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 3--Bingo Amendments
s. 24
(b) by making announcements in the form
and manner specified by the
Commission.
(3) A community or charitable organisation or a
5 bingo centre operator must comply with a
notice of the Commission under
subsection (1).".
24 Further bingo amendments
(1) In the Gambling Regulation Act 2003--
10 (a) in section 8.4.3(1) and (3), for "prescribed
standards" substitute "standards set out in
the rules made by the Commission under
section 8.4.2D";
(b) in section 8.4.3(4)--
15 (i) for "The holder of a minor gaming
permit" substitute "A community or
charitable organisation";
(ii) for "prescribed standards" substitute
"standards set out in the rules made by
20 the Commission under section 8.4.2D";
(c) in section 8.4.3(5), for "the holder of a minor
gaming permit" substitute "a community or
charitable organisation";
(d) in section 8.4.4(1), for "that does not hold a
25 minor gaming permit authorising the conduct
of a session or sessions of bingo games"
substitute "that is not a community or
charitable organisation or a bingo centre
operator";
30 (e) in section 8.4.4(3), for "that is not required to
hold a minor gaming permit to conduct a
session of bingo games" substitute "that is
authorised under section 8.2.4A to conduct a
session of bingo";
561219B.I-7/10/2008 29 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 3--Bingo Amendments
s. 25
(f) in the heading to section 8.4.6, for "Permit
holder" substitute "Community or
charitable organisation".
(2) For section 8.4.6(1) of the Gambling Regulation
5 Act 2003 substitute--
"(1) A community or charitable organisation may
enter into an agreement with a bingo centre
operator for the conduct by the bingo centre
operator of bingo sessions at a bingo centre
10 on behalf of the community or charitable
organisation.".
(3) In the Gambling Regulation Act 2003--
(a) in section 8.4.6(2)(d), (2A), (4) and (5), for
"permit holder" substitute "community or
15 charitable organisation";
(b) in section 8.4.7, for "the holder of a minor
gaming permit" substitute "a community or
charitable organisation".
25 New Division 4 inserted in Part 4 of Chapter 8
20 After Division 3 of Part 4 of Chapter 8 of the
Gambling Regulation Act 2003 insert--
"Division 4--Disciplinary action against
community or charitable organisations in
relation to bingo
25 8.4.17 Definitions
In this Division--
disciplinary action, against a community or
charitable organisation, means any of
the following--
30 (a) the issuing of a letter of censure to
the organisation;
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Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 3--Bingo Amendments
s. 25
(b) the imposition of a fine on the
organisation not exceeding an
amount that is 60 times the value
of a penalty unit fixed by the
5 Treasurer under section 5(3) of the
Monetary Units Act 2004;
(c) the imposition of conditions on
the organisation's authority to
conduct sessions of bingo;
10 grounds for disciplinary action, in relation
to a community or charitable
organisation, means any of the
following--
(a) that the organisation has failed to
15 provide information that the
organisation is required by this
Act to provide or has provided
information knowing it to be false
or misleading;
20 (b) that the organisation has
contravened this Act or the
regulations in relation to bingo or
a condition imposed under this
Division;
25 (c) that--
(i) the organisation; or
(ii) an executive officer or
nominee of the
organisation--
30 has been found guilty of a relevant
offence;
(d) that the organisation has become
an externally-administered body
corporate;
561219B.I-7/10/2008 31 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 3--Bingo Amendments
s. 25
(e) that for any reason the
organisation is not a suitable
person to conduct a session of
bingo;
5 relevant offence means--
(a) an offence against a gaming Act
or gaming regulations in relation
to bingo; or
(b) an offence (in Victoria or
10 elsewhere) involving fraud or
dishonesty punishable by
imprisonment for 3 months or
more (whether or not in addition
to a fine).
15 8.4.18 Taking disciplinary action
(1) The Commission may inquire into whether
there are grounds for disciplinary action
against a community or charitable
organisation.
20 (2) If, following an inquiry under subsection (1),
the Commission considers there are grounds
for taking disciplinary action against a
community or charitable organisation, the
Commission may serve on the organisation a
25 notice in writing giving them an opportunity
to show cause within 14 days why
disciplinary action should not be taken
against them on the grounds for disciplinary
action specified in the notice.
30 (3) The organisation, within the period allowed
by the notice, may arrange with the
Commission for the making of submissions
to the Commission as to why disciplinary
action should not be taken and the
35 Commission must consider any submissions
so made.
561219B.I-7/10/2008 32 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 3--Bingo Amendments
s. 25
(4) If the Commission decides that--
(a) the organisation is not a suitable person
to conduct a session of bingo, the
Commission may suspend the
5 organisation's authority to conduct
sessions of bingo for a period specified
by the Commission; or
(b) there are any other grounds for
disciplinary action against the
10 organisation, the Commission may take
the action--
and does so by giving written notice of the
disciplinary action to the organisation.
(5) If the Commission suspends the
15 organisation's authority to conduct sessions
of bingo--
(a) the suspension takes effect at the time
notice of it is given to the organisation;
and
20 (b) this Act does not authorise the conduct
of any session of bingo by or on behalf
of the organisation at any time during
the period of suspension.
(6) If the disciplinary action is the imposition of
25 conditions on an organisation's authority to
conduct sessions of bingo, the organisation
must comply with those conditions.
(7) A function of the Commission under this
section may be performed by any
30 commissioner.
561219B.I-7/10/2008 33 BILL LA INTRODUCTION 7/10/2008
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Measures) Bill 2008
Part 3--Bingo Amendments
s. 25
8.4.19 Letter of censure
(1) Disciplinary action taken by the Commission
under section 8.4.18(4) in the form of a letter
of censure may censure the community or
5 charitable organisation in respect of any
matter connected with the organisation's
conduct of sessions of bingo games under
this Chapter and may include a direction to
the organisation to rectify within a specified
10 time any matter giving rise to the censure.
(2) If a direction given in a letter of censure is
not complied with in the specified time, the
Commission may, by giving written notice to
the organisation, suspend the organisation's
15 authority to conduct sessions of bingo games
without giving the organisation a further
opportunity to be heard.
(3) Section 8.4.18(5) applies to a suspension
under subsection (2).
20 (4) A function of the Commission under this
section may be performed by any
commissioner.
8.4.20 Appeal
(1) A community or charitable organisation may
25 appeal to the Commission, within 28 days of
notification of the decision, against the
following decisions made by a single
commissioner--
(a) a decision to suspend the organisation's
30 authority to conduct sessions of bingo;
(b) a decision to impose conditions on the
organisation's authority to conduct
sessions of bingo.
(2) An appeal must--
35 (a) be in writing; and
561219B.I-7/10/2008 34 BILL LA INTRODUCTION 7/10/2008
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Measures) Bill 2008
Part 3--Bingo Amendments
s. 26
(b) specify the grounds on which it is
made.
(3) After consideration of an appeal, the
Commission may--
5 (a) confirm the decision; or
(b) in the case of a decision to suspend the
authority to conduct sessions of
bingo--lift the suspension, either
unconditionally or subject to
10 conditions; or
(c) in the case of a decision to impose
conditions on the authority to conduct
sessions of bingo--vary or remove the
conditions.
15 (4) The decision of the Commission on an
appeal--
(a) must be notified in writing to the
community or charitable organisation;
and
20 (b) may include the reasons for the
decision.
(5) The Commission as constituted for the
purposes of the appeal must not include the
commissioner who made the decision
25 appealed against.".
26 Further bingo amendments
(1) After section 8.6.1(5) of the Gambling
Regulation Act 2003 insert--
"(6) This section does not apply to--
30 (a) a community or charitable organisation
that conducts a session or sessions of
bingo only as referred to in section
8.2.4(2); or
561219B.I-7/10/2008 35 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 3--Bingo Amendments
s. 27
(b) a person who conducts a session or
sessions of bingo only as authorised by
section 8.2.4A.".
(2) Before section 8.6.2(1)(a) of the Gambling
5 Regulation Act 2003 insert--
"(aa) a community or charitable organisation, but
only in relation to transactions related to
bingo;".
(3) After section 8.6.2(2) of the Gambling
10 Regulation Act 2003 insert--
"(3) This section does not apply to a community
or charitable organisation in relation to
sessions of bingo referred to in
section 8.2.4(2).".
15 27 Gaming industry employees
In section 9A.1.20 of the Gambling Regulation
Act 2003--
(a) in subsection (1), for "holder of a minor
gaming permit authorising the conduct of a
20 session or sessions of bingo games"
substitute "community or charitable
organisation";
(b) in subsection (2), for "The holder of a minor
gaming permit authorising the conduct of a
25 session or sessions of bingo games"
substitute "A community or charitable
organisation".
28 Subject matter for regulations--bingo
(1) In Schedule 1 to the Gambling Regulation Act
30 2003--
(a) in clause 2.2 omit "bingo (including rolling
jackpots),";
561219B.I-7/10/2008 36 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 3--Bingo Amendments
s. 28
(b) in clause 2.4 omit "and for bingo tickets and
random number generators for use in the
playing of bingo";
(c) in clause 2.7, for "holder of a minor gaming
5 permit" substitute "community or charitable
organisation".
(2) In Schedule 1 to the Gambling Regulation Act
2003, after clause 2.8 insert--
"2.8A Requiring periodic returns in relation to
10 bingo to be made to the Commission by a
community or charitable organisation or a
person that was a community or charitable
organisation at any time in the preceding
12 months, in the form approved by the
15 Commission, including--
(a) the information, manner, frequency,
return dates and length of period to
which the return relates to be included
in those returns;
20 (b) requiring the verification of information
in the returns by specified persons by
means of signed certificate or other
authentication.
2.8B Prohibiting the playing of bingo by minors.
25 2.8C Requiring the keeping of records and
accounts in relation to bingo by community
or charitable organisations and bingo centre
operators.".
__________________
561219B.I-7/10/2008 37 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 4--Minors
s. 29
PART 4--MINORS
29 Repeal of provisions in relation to gambling by
minors
In the Gambling Regulation Act 2003--
5 (a) Division 3 of Part 5 of Chapter 2 is
repealed;
(b) Division 7 of Part 5 of Chapter 3 is
repealed;
(c) sections 4.7.1, 5.2.8, 6.2.5(2), 6.2.5(3),
10 6.2.5(4), 6A.2.5(2), 6A.2.5(3), 6A.2.5(4),
7.4.2 and 10.5.32(1)(e) are repealed.
30 Evidence
After section 10.5.32(1) of the Gambling
Regulation Act 2003 insert--
15 "(1A) In proceedings under a gaming Act, an
assertion that, at a specified time, a person
attained a specified age or that, at a specified
time or during a specified period, a specified
person was under or over a specified age is
20 evidence of the truth of the assertion unless
the defendant denies the assertion.".
31 New Part 7 inserted in Chapter 10
After Part 6 of Chapter 10 of the Gambling
Regulation Act 2003 insert--
25 "PART 7--MINORS
10.7.1 Definitions
(1) In this Part--
acceptable proof of age for a person means
documentary evidence that might
30 reasonably be accepted as applying to
561219B.I-7/10/2008 38 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 4--Minors
s. 31
the person and as proving that the
person is at least 18 years of age;
allow a minor to gamble means--
(a) accept a bet from, or give or send
5 a ticket or acknowledgement in
respect of a bet to, any minor; or
(b) allow a minor to play a gaming
machine in any area of an
approved venue; or
10 (c) sell a ticket in a public lottery to a
minor; or
(d) accept an entry in a public lottery
from a minor; or
(e) sell a ticket in a club keno game to
15 a minor; or
(f) accept an entry in a club keno
game from a minor; or
(g) sell a ticket in a keno game to a
minor; or
20 (h) accept an entry in a keno game
from a minor; or
(i) register a minor as a player in an
interactive game; or
(j) allow a minor to play a gaming
25 machine or other game, or
participate in an approved betting
competition, in a casino;
bookmaker's clerk has the same meaning as
in Part IV of the Racing Act 1958;
30 gamble means--
(a) make a bet in a totalisator or
approved betting competition; or
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Part 4--Minors
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(b) buy a ticket in a totalisator or
approved betting competition; or
(c) play a gaming machine in any area
of an approved venue; or
5 (d) buy a ticket in a club keno game;
or
(e) buy a ticket in a keno game; or
(f) participate in an interactive game;
or
10 (g) make a bet with a registered
bookmaker or bookmaker's clerk;
or
(h) play a gaming machine or other
game, or participate in an
15 approved betting competition, in a
casino; or
(i) buy a ticket in a public lottery;
gambling employee means a person
employed by a gambling provider who
20 performs functions or duties in relation
to the provision of gambling;
gambling provider means--
(a) the holder of the wagering licence
and the gaming licence or the
25 wagering operator; or
(b) the wagering and betting licensee;
or
(c) a venue operator; or
(d) a public lottery licensee; or
30 (e) a casino operator; or
(f) a participant within the meaning
of Chapter 6; or
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Part 4--Minors
s. 31
(g) a keno licensee; or
(h) a licensed provider.
(2) For the avoidance of doubt, a reference in
subsection (1) to the buying or selling of a
5 ticket includes the buying or selling of a
ticket through a vending machine.
10.7.2 Application of Part
Nothing in this Part applies to any of the
following--
10 (a) the distribution of property among its
owners if--
(i) the property is capable of being
fairly apportioned among all the
owners; and
15 (ii) the property is proposed to be
apportioned equally so far as
practicable among all the owners;
(b) a scheme--
(i) which is not for the promotion of
20 a trade or business; and
(ii) in which all participation is
gratuitous;
(c) a private raffle among persons engaged
in common employment under the
25 same employer if--
(i) the net proceeds of the raffle are
intended to be appropriated to the
provision of amenities for persons
in that employment; and
30 (ii) the value of the prize does not
exceed $5000;
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Part 4--Minors
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(d) a competition based on predicting the
results of a sporting event or to a
sweepstake if the competition or
sweepstake--
5 (i) is not of a commercial nature; and
(ii) does not result in the distribution
of prizes having a total value of
more than $5000;
(e) a trade promotion lottery.
10 10.7.3 Offences in respect of allowing a minor to
gamble
(1) A gambling provider must not allow a minor
to gamble.
Penalty: 120 penalty units.
15 (2) A gambling employee or an agent of a
gambling provider must not knowingly allow
a minor to gamble.
Penalty: 20 penalty units.
(3) A registered bookmaker must not allow a
20 minor to gamble.
Penalty: In the case of a body corporate,
120 penalty units;
In any other case, 20 penalty units.
(4) A bookmaker's clerk must not allow a minor
25 to gamble.
Penalty: 20 penalty units.
10.7.4 Offence to assist minor to gamble
(1) A person must not knowingly assist a minor
or enable a minor to gamble.
30 Penalty: 10 penalty units.
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(2) A person must not knowingly assist a minor
or enable a minor to obtain entry to or
remain in a gaming machine area of an
approved venue.
5 Penalty: 10 penalty units.
(3) A person must not knowingly assist a minor
or enable a minor to obtain entry to or
remain in a casino.
Penalty: 10 penalty units.
10 (4) This section does not apply to a person in
their capacity as a gambling provider,
gambling employee, agent of a gambling
provider, registered bookmaker or
bookmaker's clerk.
15 10.7.5 Offence by minor to gamble
A minor must not gamble.
Penalty: 10 penalty units.
10.7.6 Offences in respect of minors in a gaming
machine area or casino
20 (1) If a minor enters a gaming machine area of
an approved venue, the venue operator is
guilty of an offence and liable to a penalty of
not more than 120 penalty units.
(2) If a gambling employee of a venue operator
25 knowingly allows a minor to enter a gaming
machine area of an approved venue, the
gambling employee is guilty of an offence
and liable to a penalty of not more than
20 penalty units.
30 (3) If a minor enters a casino, the casino
operator is guilty of an offence and liable to
a penalty of not more than 120 penalty units.
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(4) If a gambling employee of a casino operator
knowingly allows a minor to enter a casino,
the gambling employee is guilty of an
offence and liable to a penalty of not more
5 than 20 penalty units.
10.7.7 Offence by minor to enter gaming
machine area or casino
(1) A minor must not enter or remain in a
gaming machine area of an approved venue.
10 Penalty: 10 penalty units.
(2) A minor must not enter or remain in a
casino.
Penalty: 10 penalty units.
10.7.8 Offence by minor using false evidence of
15 age
(1) A minor must not use any evidence that is
false in a material particular in relation to the
minor in order to gamble.
Penalty: 10 penalty units.
20 (2) A minor must not use any evidence that is
false in a material particular in relation to the
minor in order to obtain entry to or remain in
a gaming machine area of an approved
venue.
25 Penalty: 10 penalty units.
(3) A minor must not use any evidence that is
false in a material particular in relation to the
minor in order to obtain entry to or remain in
a casino.
30 Penalty: 10 penalty units.
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10.7.9 Notices to be displayed
(1) The Commission, by written direction given
to a gambling provider or registered
bookmaker, may require the gambling
5 provider or registered bookmaker to display
notices in accordance with this section in
relation to gambling by minors.
(2) The Commission may specify the content,
size, format, location and manner of display
10 of any notice.
(3) A gambling provider or registered
bookmaker must cause to be displayed any
notice that the Commission directs under
subsection (1).
15 Penalty: 60 penalty units.
(4) The Commission must cause a copy of any
direction given under subsection (1) to be
made available on its website as soon as
practicable after giving the direction.
20 10.7.10 Supervision of vending machines
A gambling provider must ensure that any
vending machine used to gamble is at all
times reasonably supervised by a gambling
employee or an agent of the gambling
25 provider.
Penalty: 20 penalty units.
10.7.11 No offence if gambling employee a minor
Despite anything to the contrary in this Part
or the Sentencing Act 1991, a gambling
30 employee who is a minor does not commit
an offence if, in his or her capacity as a
gambling employee, he or she contravenes a
provision of this Part.
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Part 4--Minors
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10.7.12 Defences
(1) It is a defence to a prosecution for an offence
under section 10.7.3, 10.7.4 or 10.7.6 if--
(a) the minor was above the age of
5 14 years at the time the acts
constituting the offence were
committed; and
(b) immediately before the acts constituting
the offence were committed, there was
10 produced to the defendant acceptable
proof of age for the minor.
(2) It is a defence to a prosecution for an offence
under section 10.7.4(2), 10.7.4(3), 10.7.6 or
10.7.7 if--
15 (a) the minor concerned was an apprentice
(within the meaning of Part 5.5 of the
Education and Training Reform Act
2006); and
(b) the minor's entry into the gaming
20 machine area of the approved venue or
casino on the occasion in question was
for the purpose only of his or her
receiving training or instruction as an
apprentice.
25 10.7.13 Proof of age may be required
(1) If an authorised person has reasonable cause
to suspect that a person in an approved venue
or casino is a minor the authorised person
may--
30 (a) require the person in the approved
venue or casino to state his or her
correct age, name and address; and
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Part 4--Minors
s. 31
(b) if it is suspected on reasonable grounds
that the age, name or address given in
response to the requirement is false,
require the person to produce evidence
5 of its correctness.
(2) A person must not fail to comply with a
requirement under subsection (1)(a) and
must not, without reasonable cause, fail to
comply with a requirement under
10 subsection (1)(b).
Penalty: 10 penalty units.
(3) It is not an offence to fail to comply with a
requirement under subsection (1) if the
person who made the requirement did not
15 inform the person of whom the requirement
was made, at the time it was made, that it is
an offence to fail to comply with the
requirement.
(4) If a person contravenes subsection (2), a
20 member of the force may arrest the person
without warrant and bring him or her before
a magistrate to be dealt with according to
law.
(5) In this section--
25 authorised person means--
(a) the person for the time being in
charge of an approved venue;
(b) the person for the time being in
charge of a casino;
30 (c) an agent of the venue operator;
(d) an agent of the casino operator;
(e) a holder of a gaming industry
employee's licence;
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Part 4--Minors
s. 32
(f) a casino employee within the
meaning of the Casino Control
Act 1991;
(g) an inspector;
5 (h) a member of the police force.
__________________".
32 Consequential amendments to the Racing Act 1958
In section 5 of the Racing Act 1958--
(a) in subsection (1) omit ", and no bookmaker
or person carrying on the business or
10 vocation of a bookmaker shall bet with
persons apparently under the age of eighteen
years";
(b) in subsection (2) omit ", or bets with persons
apparently under the age of eighteen years".
15 33 Consequential amendments to the Casino Control
Act 1991
In the Casino Control Act 1991--
(a) in section 78B(1)--
(i) in paragraph (b), for "order; or"
20 substitute "order.";
(ii) paragraph (c) is repealed;
(b) Part 6 is repealed.
__________________
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Measures) Bill 2008
Part 5--Other Amendments to the Gambling Regulation Act 2003
s. 34
PART 5--OTHER AMENDMENTS TO THE GAMBLING
REGULATION ACT 2003
34 New Division 8 inserted in Part 3A of Chapter 4
After Division 7 of Part 3A of Chapter 4 of the
5 Gambling Regulation Act 2003 insert--
"Division 8--General
4.3A.40 Powers of Secretary
The Secretary has all the powers necessary to
perform his or her functions under this
10 Part.".
35 New Division 8 inserted in Part 3 of Chapter 6A
After Division 7 of Part 3 of Chapter 6A of the
Gambling Regulation Act 2003 insert--
"Division 8--General
15 6A.3.40 Powers of Secretary
The Secretary has all the powers necessary to
perform his or her functions under this
Part.".
36 Nomination of assistants and advisers
20 After section 10.1.25(2) of the Gambling
Regulation Act 2003 insert--
"(3) The Commission, by instrument, may
nominate a person by name to assist or
advise the Commission in the performance
25 of functions under this Act.
(4) A nomination under subsection (3) must
specify the functions in relation to which the
nominated person is to assist or advise the
Commission.
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Part 5--Other Amendments to the Gambling Regulation Act 2003
s. 37
(5) A nomination under subsection (3) remains
in force for the period determined by the
Commission and may be extended from time
to time by the Commission.".
5 37 Confidentiality
(1) In section 10.1.29(1) of the Gambling
Regulation Act 2003, for the definition of
regulated person substitute--
"regulated person means the Commission or a
10 person who is or was--
(a) a commissioner;
(b) an employee or member of staff
referred to in section 10.1.25(1) or (2);
(c) a person nominated under
15 section 10.1.25(3);
(d) the Minister;
(e) the Secretary;
(f) an employee in the department
administered by the Minister;
20 (g) a person nominated under
section 10.1A.1(1);
(h) a person acting on behalf of the
Commission, the Minister or the
Secretary;
25 (i) a member of the Review Panel
established by section 10.2A.2.".
(2) In section 10.1.31 of the Gambling Regulation
Act 2003--
(a) in subsection (1), for "required" substitute
30 "permitted or required";
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Part 5--Other Amendments to the Gambling Regulation Act 2003
s. 38
(b) in subsection (2), for "may be required to
disclose protected information to a court or
produce" substitute "may disclose, or be
required to disclose, protected information to
5 a court or produce, or be required to
produce,".
(3) In section 10.1.32(2) of the Gambling
Regulation Act 2003, after "information" (where
first occurring) insert "(except to a court)".
10 (4) After section 10.1.32(4) of the Gambling
Regulation Act 2003 insert--
"(4A) An authorisation cannot be given under
subsection (3) to disclose protected
information to a court.
15 Note
The disclosure of protected information to a court is
dealt with in section 10.1.31.".
38 New Part 1A inserted in Chapter 10
After Part 1 of Chapter 10 of the Gambling
20 Regulation Act 2003 insert--
"PART 1A--THE MINISTER AND THE
SECRETARY
10.1A.1 Nomination of assistants and advisers
(1) The Secretary, by instrument, may nominate
25 a person by name to assist or advise the
Secretary or the Minister in the performance
of functions under this Act.
(2) A nomination under subsection (1) must
specify the functions in relation to which the
30 nominated person is to assist or advise the
Secretary or the Minister.
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Part 5--Other Amendments to the Gambling Regulation Act 2003
s. 39
(3) A nomination under subsection (1) remains
in force for the period determined by the
Secretary and may be extended from time to
time by the Secretary.
__________________".
5 39 New section 10.4.7HA inserted
After section 10.4.7H of the Gambling
Regulation Act 2003 insert--
"10.4.7HA Powers of Secretary
The Secretary has all the powers necessary to
10 perform his or her functions under this
Division.".
40 Statute law revision
(1) In the note at the foot of section 6A.3.5 of the
Gambling Regulation Act 2003, for "wagering
15 and betting licence" substitute "keno licence".
(2) In section 10.4.7A of the Gambling Regulation
Act 2003, in the definition of interested person, in
paragraphs (a) and (b) omit "or".
41 New Part 21 inserted in Schedule 7
20 At the end of Schedule 7 to the Gambling
Regulation Act 2003 insert--
"PART 21--GAMBLING LEGISLATION
AMENDMENT (RESPONSIBLE GAMBLING
AND OTHER MEASURES) ACT 2008
25 21.1 Definition of amending Act
In this Part--
amending Act means the Gambling
Legislation Amendment (Responsible
Gambling and Other Measures) Act
30 2008.
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Part 5--Other Amendments to the Gambling Regulation Act 2003
s. 41
21.2 Community and charitable gaming
(1) A declaration of an organisation as a
community or charitable organisation in
force immediately before the commencement
5 day remains in force for the period specified
in the following table, unless cancelled or
renounced earlier.
Declaration made Remains in force until
at least 10 years before 1 year after the
the commencement day commencement day
at least 9 years but less 2 years after the
than 10 years before the commencement day
commencement day
at least 8 years but less 3 years after the
than 9 years before the commencement day
commencement day
at least 7 years but less 4 years after the
than 8 years before the commencement day
commencement day
at least 6 years but less 5 years after the
than 7 years before the commencement day
commencement day
at least 5 years but less 6 years after the
than 6 years before the commencement day
commencement day
at least 4 years but less 7 years after the
than 5 years before the commencement day
commencement day
at least 3 years but less 8 years after the
than 4 years before the commencement day
commencement day
at least 2 years but less 9 years after the
than 3 years before the commencement day
commencement day
at least 1 year but less 10 years after the
than 2 years before the commencement day
commencement day
less than 1 year before the 11 years after the
commencement day commencement day
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Part 5--Other Amendments to the Gambling Regulation Act 2003
s. 41
(2) In this clause, commencement day means the
day on which section 14 of the amending Act
comes into operation.
21.3 Bingo
5 (1) Section 8.2.4 as substituted by section 21 of
the amending Act, Parts 4 and 6 of
Chapter 8, as amended by sections 23 to 26
of the amending Act and Chapter 9A as
amended by section 27 of the amending Act,
10 apply to a session of bingo conducted on or
after the commencement day.
(2) Section 8.2.4, Parts 4 and 6 of Chapter 8 and
Chapter 9A, as in force immediately before
the commencement day, continue to apply to
15 a session of bingo conducted before the
commencement day.
(3) In this clause, commencement day means the
day that is the first anniversary of the day on
which the amending Act receives the Royal
20 Assent.".
__________________
561219B.I-7/10/2008 54 BILL LA INTRODUCTION 7/10/2008
Gambling Legislation Amendment (Responsible Gambling and Other
Measures) Bill 2008
Part 6--Repeal of Amending Act
s. 42
PART 6--REPEAL OF AMENDING ACT
42 Repeal of Act
This Act is repealed on 1 January 2011.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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Measures) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561219B.I-7/10/2008 56 BILL LA INTRODUCTION 7/10/2008
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