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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gaming Legislation (Amendment) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--CASINO CONTROL ACT 1991 3
3. Definitions 3
4. Cessation of Authority's power to enter exclusivity agreements 4
5. Controlled contracts 4
6. Approval of games 4
7. Approval of gaming equipment 5
8. New sections 62AB and 62AC inserted 6
62AB. Banning large denomination note acceptors and
autoplay facilities 6
62AC. Spin rates 7
9. Use of foreign currency in casino 7
10. New section 74 substituted 8
74. Exclusion orders by Chief Commissioner of Police 8
11. Consequential amendment--exclusion orders 8
12. Interstate exclusion orders 9
13. New section 78A inserted 9
78A. No advertising to excluded persons 9
14. Detention of suspected person 10
15. New sections 81AA and 81AAB inserted 10
81AA. Limiting withdrawals and advances from cash
facilities 10
81AAB. Payment of winnings and cashing of cheques 11
16. Exempting casino from other laws 11
17. Cessation of Authority's power to enter certain agreements 12
18. Delegation of disciplinary action 12
19. Statement of reasons 12
PART 3--GAMING AND BETTING ACT 1994 13
20. TABCORP shareholder limits 13
21. Approval of totalisator equipment 13
22. Objects, functions etc. of Authority 13
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541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Clause Page
23. Statement of reasons 14
24. New section 95 inserted 14
95. Annual report 14
25. Offences relating to totalisators 14
PART 4--GAMING MACHINE CONTROL ACT 1991 16
26. Definitions 16
27. New section 9 inserted 17
9. Gaming only permitted in gaming machine areas 17
28. Ministerial directions 18
29. Authority conferred by technician's licence and listing on the
Roll 18
30. Nominee of licensee 20
31. Amendment of conditions 23
32. Application to casino 23
33. Technician's licences and Roll of Suppliers 23
34. Contracts between gaming operators and venue operators 25
35. New section 68A inserted 26
68A. Director's standards for gaming machine types and
games 26
36. Approval of gaming machine types and games 27
37. Withdrawal of approval 28
38. New sections 77B and 77C inserted 29
77B. Banning large denomination note acceptors and
autoplay facilities 30
77C. Spin rates 30
39. Authority's rules 31
40. New sections 81A and 81B inserted 32
81A. Limiting withdrawals and advances from cash
facilities 32
81B. Payment of winnings and cashing of cheques 32
41. New sections 82A to 82F inserted 33
82A. Loyalty schemes 33
82B. Player activity statements 35
82C. Suspension of person who fails to collect their
player activity statement 36
82D. Opting out of loyalty schemes 37
82E. No advertising to people suspended or removed
from loyalty schemes 38
82F. Loyalty scheme participant information 39
42. Minors in gaming machine areas 40
43. Delegation of disciplinary functions 40
44. Statement of reasons 40
45. Accounts and records 40
46. Other returns by gaming operators 41
47. Declaration of different rate of return 41
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541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Clause Page
48. New section 136AB inserted 42
136AB. Community benefit statements 42
49. Gambling Research Panel 45
50. Secrecy 45
51. Regulations 45
52. Statute law revision 45
PART 5--GAMING NO. 2 ACT 1997 47
53. New section 12K inserted 47
12K. Suspension of declaration 47
54. Expenses of entry in a trade promotion lottery 48
55. Inspectors' powers 49
56. New section 80A inserted 49
80A. Identification of inspectors 49
57. Retention of things seized 49
58. New section 83 substituted 50
83. Offences relating to obstruction etc. of inspectors 50
PART 6--INTERACTIVE GAMING (PLAYER PROTECTION)
ACT 1999 52
59. Approval of interactive gaming equipment 52
60. New section 10A inserted 52
10A. Licensed testers to test interactive gaming equipment 52
61. Statement of reasons 52
PART 7--PUBLIC LOTTERIES ACT 2000 53
62. Non-monetary prizes 53
63. Offence not to comply with lottery rules 53
64. New section 14A inserted 53
14A. Non-monetary prizes 53
ENDNOTES 55
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541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
PARLIAMENT OF VICTORIA
Initiated in Assembly 9 May 2002
As amended by Assembly 4 June 2002
A BILL
to amend the Casino Control Act 1991, the Gaming and Betting Act
1994, the Gaming Machine Control Act 1991, the Gaming No. 2
Act 1997, the Interactive Gaming (Player Protection) Act 1999 and
the Public Lotteries Act 2000 and for other purposes.
Gaming Legislation (Amendment) Act
2002
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the
Casino Control Act 1991, the Gaming and
5 Betting Act 1994, the Gaming Machine Control
Act 1991, the Gaming No. 2 Act 1997, the
1
541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002
Act No.
part 1--preliminary
s. 2
Interactive Gaming (Player Protection) Act
1999 and the Public Lotteries Act 2000.
2. Commencement
(1) This Act (except sections 3(3), 6, 7(2), 8, 9, 15,
5 26, 27, 28(1) and (3), 30, 32, 34, 36(4) and (6), 37,
38, 39(1), 40, 41, 42, 45, 50, 52(2), 54, 62 and 64)
comes into operation on the day after the day on
which it receives the Royal Assent.
(2) Section 52(2) is deemed to have come into
10 operation on 1 March 2001.
(3) Sections 3(3), 8, 15, 26 (except sub-sections (2),
(3), (4) and (6)), 28(3), 32(3), 38 and 40 come into
operation on 1 January 2003.
(4) Sections 26(3) and (6), 41, 45 and 50 come into
15 operation on 1 July 2003.
(5) Subject to sub-sections (6), (7) and (8), sections 6,
7(2), 9, 26(2) and (4), 27, 28(1), 30, 32(1) and (2),
34, 36(4) and (6), 37, 39(1), 42, 54, 62 and 64
come into operation on a day or days to be
20 proclaimed.
(6) If section 9 does not come into operation before
1 July 2002, it comes into operation on that day.
(7) If section 26(2) or (4), 27, 28(1), 32(1), 39(1) or
42 does not come into operation before
25 1 September 2002, it comes into operation on that
day.
(8) If section 6, 7(2), 30, 32(2), 34, 36(4) or (6), 37,
54, 62 or 64 does not come into operation before
1 July 2003, it comes into operation on that day.
__________________
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Gaming Legislation (Amendment) Act 2002
Act No.
part 2--casino control act 1991
s. 3
PART 2--CASINO CONTROL ACT 1991
See: 3. Definitions
Act No.
47/1991.
(1) In section 3(1) of the Casino Control Act 1991,
Reprint No. 5
after the definition of "betting rules" insert--
as at
28 August
5 ' "cash facility" means--
2001.
LawToday:
www.dms. (a) an automatic teller machine; or
dpc.vic.
gov.au
(b) an EFTPOS facility; or
(c) any other prescribed facility that
enables a person to gain access to his or
10 her funds or to credit;'.
(2) In section 3(1) of the Casino Control Act 1991--
(a) in the definition of "exclusion order", after
"section 72" insert "or a written order under
section 74";
15 (b) insert the following definitions--
' "interstate Chief Commissioner" means
the chief officer (however designated)
of the police force of another State or a
Territory;
20 "interstate exclusion order" means an
order made by an interstate Chief
Commissioner of a similar nature to an
exclusion order made under
section 74;'.
25 (3) In section 3(1) of the Casino Control Act 1991,
after the definition of "refund" insert--
' "spin" means a sequence of actions and states in
a gaming machine initiated by a player
through a wagering of credits and terminated
30 when all credits wagered have been lost or
all winnings have been transferred to the
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541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002
Act No.
part 2--casino control act 1991
s. 4
gaming machine's total wins meter and the
player's credit meter;
"spin rate", in relation to a gaming machine,
means the interval between spins on the
5 gaming machine;'.
4. Cessation of Authority's power to enter exclusivity
agreements
At the end of section 14 of the Casino Control
Act 1991 insert--
10 "(2) The Authority cannot enter into any
agreement under this section on or after the
commencement of section 4 of the Gaming
Legislation (Amendment) Act 2002.
(3) Sub-section (2) does not prevent the
15 Authority from amending or varying any
agreement made under this section before the
commencement referred to in that sub-
section after that commencement in
accordance with the terms of the
20 agreement.".
5. Controlled contracts
In section 29(1) of the Casino Control Act 1991,
in the definition of "controlled contract", after
paragraph (b) insert--
25 "(ba) the supply, maintenance, repair or
modification of gaming machines or gaming
equipment relating to gaming machines,
being a contract between the casino operator
and a person listed on the Roll of Suppliers
30 under the Gaming Machine Control Act
1991; or".
6. Approval of games
(1) In section 60(1) of the Casino Control Act 1991,
after "a casino" insert "(other than games to be
35 played on a gaming machine)".
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Gaming Legislation (Amendment) Act 2002
Act No.
part 2--casino control act 1991
s. 7
(2) In section 60 of the Casino Control Act 1991, at
the foot of sub-section (1) insert--
"Note: Games to be played on gaming machines in a casino
are approved under section 69 of the Gaming
5 Machine Control Act 1991.".
(3) In section 60 of the Casino Control Act 1991,
after sub-section (4) insert--
"(5) Sub-sections (2) and (3) do not apply to a
game played on a gaming machine in a
10 casino.".
7. Approval of gaming equipment
(1) In section 62 of the Casino Control Act 1991, for
sub-section (2A) substitute--
"(2A) In approving gaming equipment under this
15 section, the Director may take into account
the certificate of a person listed on the Roll
of Suppliers under the Gaming Machine
Control Act 1991, being a person referred to
in section 63(1A) of that Act.".
20 (2) In section 62 of the Casino Control Act 1991,
after sub-section (4) insert--
"(5) This section does not apply to gaming
equipment that is a gaming machine.".
(3) In section 62A of the Casino Control Act 1991,
25 after sub-section (3) insert--
"(4) The Minister may from time to time give a
direction in writing to a casino operator as to
the bet limits to apply to gaming machines in
the casino.
30 (5) The Minister may vary or revoke a direction
by further direction in writing to the casino
operator.
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Gaming Legislation (Amendment) Act 2002
Act No.
part 2--casino control act 1991
s. 8
(6) The Minister must, as soon as possible after
giving a direction under sub-section (4) or
(5), cause notice of the direction to be
published in the Government Gazette.
5 (7) A casino operator must comply with a
direction given under sub-section (4) or (5).
Penalty: 100 penalty units.".
8. New sections 62AB and 62AC inserted
After section 62A of the Casino Control Act
10 1991 insert--
"62AB. Banning large denomination note acceptors
and autoplay facilities
(1) A casino operator must not allow a game to
be played on a gaming machine that accepts
15 banknotes with a denomination greater than
$50.
Penalty: 20 penalty units.
(2) A casino operator must not allow a game to
be played on a gaming machine unless each
20 spin can be initiated only by a distinct and
separate activation of the machine by the
player (whether by pushing a play button,
touching the screen or otherwise).
Penalty: 20 penalty units.
25 (3) Sub-sections (1) and (2) do not apply, before
1 January 2008, to a game that was approved
by the Authority before 1 January 2003.
(4) Sub-sections (1) and (2) do not apply to a
game played on a gaming machine located in
30 an area specified by notice of the Authority
published in the Government Gazette if the
casino operator complies with the conditions,
if any, specified in the notice.
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Gaming Legislation (Amendment) Act 2002
Act No.
part 2--casino control act 1991
s. 9
62AC. Spin rates
(1) A casino operator must not allow a game to
be played on a gaming machine if the spin
rate of the game is less than 214 seconds.
5 Penalty: 20 penalty units.
(2) Sub-section (1) does not apply to a game
played on a gaming machine located in an
area specified by notice of the Authority
published in the Government Gazette if the
10 casino operator complies with the conditions,
if any, specified in the notice.".
9. Use of foreign currency in casino
At the end of section 64 of the Casino Control
Act 1991 insert--
15 '(2) Despite sub-section (1), a casino operator
may accept gaming wagers, pay wagers won
on gaming or betting or issue or redeem
chips in or for the currency of a country
other than Australia for commission based
20 players in accordance with any relevant
controls and procedures approved by the
Authority under section 121 in respect of the
use of foreign currency in the casino.
(3) In sub-section (2)--
25 "commission based player" means a
person who participates in a premium
player arrangement or a junket where
the person and the casino operator
satisfy the requirements of any relevant
30 controls and procedures approved by
the Authority under section 121 in
respect of a premium player or a junket
player (as the case may be).'.
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Gaming Legislation (Amendment) Act 2002
Act No.
part 2--casino control act 1991
s. 10
10. New section 74 substituted
For section 74 of the Casino Control Act 1991
substitute--
"74. Exclusion orders by Chief Commissioner of
5 Police
(1) The Chief Commissioner of Police may, by
written order given to a person, prohibit the
person from entering or remaining in a
casino.
10 (2) As soon as practicable after making an
exclusion order, the Chief Commissioner of
Police must--
(a) give a copy of the order to the casino
operator and the Director and, if
15 practicable, make available to the
casino operator a photograph of the
person who is the subject of the order;
and
(b) notify each interstate Chief
20 Commissioner of the making of the
order.
(3) For the avoidance of doubt, an exclusion
order given under this section is not subject
to appeal under section 73.".
25 11. Consequential amendment--exclusion orders
In section 75 of the Casino Control Act 1991, for
sub-section (3) substitute--
"(3) If the Chief Commissioner of Police revokes
an exclusion order, he or she must notify
30 each casino operator, the Director and each
interstate Chief Commissioner of the
revocation.".
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Gaming Legislation (Amendment) Act 2002
Act No.
part 2--casino control act 1991
s. 12
12. Interstate exclusion orders
(1) In section 76 of the Casino Control Act 1991--
(a) in sub-section (1), after "for the casino"
insert ", or interstate exclusion orders,";
5 (b) in sub-section (2)(b), after "exclusion order"
insert "or interstate exclusion order".
(2) In section 76 of the Casino Control Act 1991,
after sub-section (3) insert--
"(4) As soon as practicable after becoming aware
10 of the making or revocation of an interstate
exclusion order, the Chief Commissioner of
Police must notify each casino operator and
the Director.".
(3) At the end of section 77 of the Casino Control
15 Act 1991 insert--
"(2) A person the subject of an interstate
exclusion order must not enter or remain in a
casino.
Penalty: 20 penalty units.".
20 (4) In section 78(2) and (4)(a) of the Casino Control
Act 1991, after "exclusion order" insert "or
interstate exclusion order".
13. New section 78A inserted
After section 78 of the Casino Control Act 1991
25 insert--
"78A. No advertising to excluded persons
(1) A casino operator must not knowingly send
or direct by any means advertising or other
promotional material relating to the casino to
30 a person who is the subject of an exclusion
order relating to the casino or an interstate
exclusion order.
Penalty: 50 penalty units.
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Gaming Legislation (Amendment) Act 2002
Act No.
part 2--casino control act 1991
s. 14
(2) For the purposes of sub-section (1), a casino
operator does not send or direct material to a
person only because the casino operator
makes the material available generally to
5 members of the public.
Examples
Examples of making material available generally to
members of the public include publishing it on the
Internet, television or other medium or displaying it
10 on a billboard.".
14. Detention of suspected person
In section 81(2) of the Casino Control Act 1991,
for "section 82" substitute "section 81, 82".
15. New sections 81AA and 81AAB inserted
15 After section 81 of the Casino Control Act 1991
insert--
"81AA. Limiting withdrawals and advances from
cash facilities
(1) A casino operator must not, within 50 metres
20 of any entrance to the casino, provide, or
allow another person to provide, cash
facilities that allow a person to obtain by
means of those facilities, in any one
transaction on any one debit or credit card,
25 an amount of cash exceeding $200.
Penalty: 50 penalty units.
(2) A casino operator must not allow a person to
obtain from a cash facility within 50 metres
of any entrance to the casino a cash advance
30 from a credit account.
Penalty: 50 penalty units.
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541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002
Act No.
part 2--casino control act 1991
s. 16
81AAB. Payment of winnings and cashing of
cheques
(1) A casino operator must not pay out, or allow
another person to pay out, winnings or
5 accumulated credits exceeding $2000 from a
gaming machine to a person except by
cheque.
Penalty: 50 penalty units.
(2) Sub-section (1) does not apply to a game
10 played on a gaming machine located in an
area specified by notice of the Authority
published in the Government Gazette if the
casino operator complies with the conditions,
if any, specified in the notice.
15 (3) A casino operator must, at the request of a
person, pay out any winnings or accumulated
credits from a gaming machine to the person
by cheque.
Penalty: 50 penalty units.
20 (4) A casino operator must not, at the casino,
give, or allow another person to give, a
person cash or gaming tokens in exchange
for a cheque drawn on an account of the
casino operator to enable that person to play
25 a gaming machine in the casino.
Penalty: 50 penalty units.".
16. Exempting casino from other laws
Section 128P of the Casino Control Act 1991 is
repealed.
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541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002
Act No.
part 2--casino control act 1991
s. 17
17. Cessation of Authority's power to enter certain
agreements
In section 142 of the Casino Control Act 1991,
after sub-section (2) insert--
5 "(3) The Authority cannot enter into any
agreement under this section on or after the
commencement of section 17 of the Gaming
Legislation (Amendment) Act 2002.
(4) Sub-section (3) does not prevent the
10 Authority from amending or varying any
agreement made under this section before the
commencement referred to in that sub-
section after that commencement in
accordance with the terms of the
15 agreement.".
18. Delegation of disciplinary action
(1) In section 144 of the Casino Control Act 1991,
after sub-section (1) insert--
"(1A) The Authority may delegate to the members
20 of a committee comprising 3 members of the
Authority any power or function of the
Authority under section 20 or 22.".
(2) In section 144(2) of the Casino Control Act
1991, for "this section" substitute
25 "sub-section (1)".
19. Statement of reasons
In section 145(6) of the Casino Control Act
1991, for "false" substitute "substantially
incomplete".
__________________
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Gaming Legislation (Amendment) Act 2002
Act No.
part 3--gaming and betting act 1994
s. 20
PART 3--GAMING AND BETTING ACT 1994
See: 20. TABCORP shareholder limits
Act No.
37/1994.
(1) In section 53(1) of the Gaming and Betting Act
Reprint No. 3
1994--
as at
28 August
5 (a) in paragraph (a), for "5%" substitute "10%";
2001
and
amending (b) paragraph (c) is repealed.
Act Nos
35/2001 and
(2) In section 57(2) of the Gaming and Betting Act
11/2002.
1994--
LawToday:
www.dms.
(a) in paragraph (b), for "5%" substitute "10%";
dpc.vic.
gov.au
10 (b) omit all words and expressions after
paragraph (b).
21. Approval of totalisator equipment
In section 70 of the Gaming and Betting Act
1994, after sub-section (2) insert--
15 "(2A) In approving an instrument, contrivance,
hardware, software or equipment under this
section, the Authority may take into account
the certificate of a person listed on the Roll
of Suppliers under the Gaming Machine
20 Control Act 1991, being a person referred to
in section 63(1A) of that Act.".
22. Objects, functions etc. of Authority
In section 84 of the Gaming and Betting Act
1994, after "Gaming No. 2 Act 1997" insert
25 ", the Interactive Gaming (Player Protection)
Act 1999, the Public Lotteries Act 2000".
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Gaming Legislation (Amendment) Act 2002
Act No.
part 3--gaming and betting act 1994
s. 23
23. Statement of reasons
In section 93A(6) of the Gaming and Betting Act
1994, for "false" substitute "substantially
incomplete".
5 24. New section 95 inserted
After section 94 of the Gaming and Betting Act
1994 insert--
"95. Annual report
In its report of operations for a financial year
10 under Part 7 of the Financial Management
Act 1994, the Authority must include the
name of any person or body with which it
has entered a memorandum of understanding
during the financial year or a previous
15 financial year under any of the following--
(a) section 127A;
(b) section 151A of the Casino Control
Act 1991;
(c) section 140 of the Gaming Machine
20 Control Act 1991;
(d) section 104A of the Gaming No. 2 Act
1997;
(e) section 69A of the Interactive Gaming
(Player Protection) Act 1999;
25 (f) section 83 of the Public Lotteries Act
2000.".
25. Offences relating to totalisators
In section 114 of the Gaming and Betting Act
1994, after sub-section (4) insert--
30 "(5) A person must not employ, or cause to be
employed, another person to service,
maintain or repair an instrument,
contrivance, hardware, software or
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Gaming Legislation (Amendment) Act 2002
Act No.
part 3--gaming and betting act 1994
s. 25
equipment referred to in section 70(1) unless
the second-mentioned person holds a current
technician's licence under the Gaming
Machine Control Act 1991.
5 Penalty: 250 penalty units.".
__________________
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541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002
Act No.
part 4--gaming machine control act 1991
s. 26
PART 4--GAMING MACHINE CONTROL ACT 1991
See:
26. Definitions Act No.
53/1991.
(1) In section 3(1) of the Gaming Machine Control Reprint No. 8
Act 1991, after the definition of "Authority" as at
28 August
5 insert-- 2001
and
' "cash facility" means-- amending
Act Nos
(a) an automatic teller machine; or 117/1993,
90/1997,
(b) an EFTPOS facility; or 88/2000 and
11/2002.
(c) any other prescribed facility that LawToday:
www.dms.
10 enables a person to gain access to his or dpc.vic.
her funds or to credit;'. gov.au
(2) In section 3(1) of the Gaming Machine Control
Act 1991, for the definition of "gaming machine
area" substitute--
15 ' "gaming machine area" means any area in an
approved venue that is approved by the
Authority under Part 2A as an area in which
a licensee is permitted to install a gaming
machine;'.
20 (3) In section 3(1) of the Gaming Machine Control
Act 1991, after the definition of "liquor" insert--
' "loyalty scheme" means--
(a) a system, used in connection with the
operation of gaming machines in
25 approved venues or a casino, in which
the players of those gaming machines
accumulate bonus, loyalty or reward
points from playing the gaming
machines; or
30 (b) any other system that tracks a player's
expenditure on a gaming machine;
16
541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002
Act No.
part 4--gaming machine control act 1991
s. 27
"loyalty scheme provider" means a person who
conducts a loyalty scheme;'.
(4) In section 3(1) of the Gaming Machine Control
Act 1991, the definitions of "restricted area" and
5 "unrestricted area" are repealed.
(5) In section 3(1) of the Gaming Machine Control
Act 1991, after the definition of "sell" insert--
' "spin" means a sequence of actions and states in
a gaming machine initiated by a player
10 through a wagering of credits and terminated
when all credits wagered have been lost or
all winnings have been transferred to the
gaming machine's total wins meter and the
player's credit meter;
15 "spin rate", in relation to a gaming machine,
means the interval between spins on the
gaming machine;'.
(6) In section 3 of the Gaming Machine Control Act
1991, after sub-section (4) insert--
20 '(5) For the purposes of the definition of "loyalty
scheme provider" in sub-section (1), a
reference to a person includes a reference to
the Trustees.'.
27. New section 9 inserted
25 After section 8 of the Gaming Machine Control
Act 1991 insert--
"9. Gaming only permitted in gaming machine
areas
A venue operator must not allow a person to
30 play a game on a gaming machine that is not
placed in a gaming machine area.
Penalty: 1000 penalty units or
imprisonment for 4 years or
both.".
17
541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002
Act No.
part 4--gaming machine control act 1991
s. 28
28. Ministerial directions
(1) In section 12(1) of the Gaming Machine Control
Act 1991--
(a) in paragraph (aa), after "approved venue in"
5 insert "the State or";
(b) for paragraph (c) substitute--
"(c) the bet limits to apply to gaming
machines;".
(2) In section 12(1)(d) of the Gaming Machine
10 Control Act 1991, after sub-paragraph (ii)
insert--
"or
(iii) a licence under Part I of the Racing Act
1958 is in force;".
15 (3) In section 12(1) of the Gaming Machine Control
Act 1991, after paragraph (e) insert--
"(f) the criteria that the Authority must apply in
determining whether to specify an area by
notice under section 77B(4) or 77C(2) of this
20 Act or section 62AB(4), 62AC(2) or
81AAB(2) of the Casino Control Act 1991;
(g) the conditions that the Authority must
specify in a notice referred to in
paragraph (f).".
25 29. Authority conferred by technician's licence and listing
on the Roll
(1) At the end of section 16 of the Gaming Machine
Control Act 1991 insert--
"(2) A technician's licence also authorises the
30 licensee, subject to any conditions to which
the licence is subject--
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(a) to test gaming equipment (within the
meaning of the Casino Control Act
1991) for the purposes of the issue of
certificates referred to in section 62 of
5 that Act;
(b) to service, repair and maintain
instruments, contrivances, hardware,
software or equipment (within the
meaning of the Gaming and Betting
10 Act 1994) and to test them for the
purposes of the issue of certificates
referred to in section 70 of that Act;
(c) to service, repair and maintain
interactive gaming equipment (within
15 the meaning of the Interactive
Gaming (Player Protection) Act
1999) and to test that equipment for the
purposes of the issue of certificates
referred to in section 10 of that Act.".
20 (2) In section 17 of the Gaming Machine Control
Act 1991, at the end of paragraph (d) insert--
"; and
(e) to enter into arrangements with persons
seeking approval of gaming equipment
25 (within the meaning of the Casino Control
Act 1991) to test the equipment for the
purposes of the issue of certificates referred
to in section 62 of that Act; and
(f) to enter into arrangements with a licensee or
30 an operator or the holder of a permit (within
the meaning of the Gaming and Betting Act
1994) to test instruments, contrivances,
hardware, software or equipment (within the
meaning of that Act) for the purposes of the
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issue of certificates referred to in section 70
of that Act; and
(g) to enter into arrangements with a licensed
provider (within the meaning of the
5 Interactive Gaming (Player Protection)
Act 1999) to test interactive gaming
equipment (within the meaning of that Act)
for the purposes of the issue of certificates
referred to in section 10 of that Act.".
10 30. Nominee of licensee
(1) In section 25A of the Gaming Machine Control
Act 1991, for sub-sections (1), (2), (3) and (4)
substitute--
"(1) Within 60 days, or the longer period allowed
15 by the Authority, after a venue operator that
is a body corporate is notified under section
25(1) that it has been granted a licence, the
venue operator must--
(a) nominate, for each approved venue, a
20 natural person to be responsible as
licensee on behalf of the venue
operator; and
(b) apply to the Authority for approval
under this section of the person
25 nominated.
Penalty: 20 penalty units.
(2) Within 60 days, or the longer period allowed
by the Authority, after the conditions of the
licence of a venue operator that is a body
30 corporate are amended by the addition of an
approved venue under section 27(1)(a), the
venue operator must--
(a) nominate, for that approved venue, a
natural person to be responsible as
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licensee on behalf of the venue
operator; and
(b) apply to the Authority for approval
under this section of the person
5 nominated.
Penalty: 20 penalty units.
(3) Within 60 days, or the longer period allowed
by the Authority, after--
(a) a venue operator is notified by the
10 Authority of a refusal to approve a
person nominated under this section; or
(b) a person nominated by the venue
operator and approved by the Authority
resigns, is dismissed or ceases to
15 manage or control the approved
venue--
the venue operator must nominate another
natural person to be responsible as licensee
on behalf of the venue operator and apply to
20 the Authority for approval of the person
nominated.
Penalty: 20 penalty units.
(4) A person nominated by a venue operator and
approved by the Authority under this section
25 is liable under this Act as licensee in respect
of the approved venue for which he or she
was nominated.
(4A) If a venue operator that is a body corporate
does not have a person who has been
30 approved by the Authority under this section
managing or controlling an approved venue,
the directors or members of the committee of
management of the body corporate (as the
case requires) are severally liable under this
35 Act as licensee.".
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(2) In section 25A of the Gaming Machine Control
Act 1991, after sub-section (9) insert--
"(10) A person who--
(a) was managing or controlling an
5 approved venue immediately before the
commencement of section 30 of the
Gaming Legislation (Amendment)
Act 2002; and
(b) was nominated by a venue operator and
10 approved by the Authority under this
section as in force immediately before
that commencement--
is taken, after that commencement, to have
been nominated by the venue operator and
15 approved by the Authority under this section
as amended by that section 30.
(11) If a venue operator that is a body corporate
does not, at the commencement of section 30
of the Gaming Legislation (Amendment)
20 Act 2002, have a person managing or
controlling an approved venue who was
nominated by the venue operator and
approved by the Authority under this section
as in force immediately before that
25 commencement, the venue operator must,
within 60 days, or the longer period allowed
by the Authority, after that
commencement--
(a) nominate, for the approved venue, a
30 natural person to be responsible as
licensee on behalf of the venue
operator; and
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(b) apply to the Authority for approval
under this section of the person
nominated.
Penalty: 20 penalty units.".
5 31. Amendment of conditions
In section 27(2A)(c) of the Gaming Machine
Control Act 1991, after "(1A)" insert "or an
amendment to increase the number of gaming
machines permitted in an approved venue".
10 32. Application to casino
(1) In section 32(2) of the Gaming Machine Control
Act 1991, before "29" insert "9,".
(2) In section 32(2) of the Gaming Machine Control
Act 1991--
15 (a) omit "69, 70,";
(b) for "78, 79" substitute "78(1), 79(1) and
(2)".
(3) In section 32(2) of the Gaming Machine Control
Act 1991, after "80," insert "81A, 81B,".
20 33. Technician's licences and Roll of Suppliers
(1) In section 57 of the Gaming Machine Control
Act 1991, for the definition of "technician"
substitute--
' "technician" means a person who--
25 (a) services, maintains or repairs--
(i) gaming equipment; or
(ii) instruments, contrivances,
hardware, software or equipment
(within the meaning of the
30 Gaming and Betting Act 1994);
or
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(iii) interactive gaming equipment
(within the meaning of the
Interactive Gaming (Player
Protection) Act 1999); or
5 (b) tests--
(i) gaming equipment or games for
the purposes of the issue of
certificates referred to in
section 69 or 75B; or
10 (ii) gaming equipment (within the
meaning of the Casino Control
Act 1991) for the purposes of the
issue of certificates referred to in
section 62 of that Act; or
15 (iii) instruments, contrivances,
hardware, software or equipment
(within the meaning of the
Gaming and Betting Act 1994)
for the purposes of the issue of
20 certificates referred to in
section 70 of that Act; or
(iv) interactive gaming equipment
(within the meaning of the
Interactive Gaming (Player
25 Protection) Act 1999) for the
purposes of the issue of
certificates referred to in
section 10 of that Act; or
(c) performs other prescribed duties.'.
30 (2) In section 63 of the Gaming Machine Control
Act 1991, for sub-section (1A) substitute--
"(1A) A person may apply to the Authority to be
listed on the Roll if the person supplies or
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intends to supply testing services to any of
the following--
(a) gaming operators or manufacturers or
suppliers;
5 (b) persons seeking approval of gaming
equipment (within the meaning of the
Casino Control Act 1991);
(c) licensees or operators or holders of
permits (within the meaning of the
10 Gaming and Betting Act 1994);
(d) licensed providers (within the meaning
of the Interactive Gaming (Player
Protection) Act 1999).".
(3) In section 65 of the Gaming Machine Control
15 Act 1991, after sub-section (2) insert--
"(3) In determining whether to grant an
application by a person referred to in
section 63(1A), in addition to the matters
referred to in sub-section (2), the Authority
20 must consider--
(a) the technical competence of the
applicant; and
(b) whether the applicant has any
connection to, or relationship with, a
25 supplier or manufacturer listed on the
Roll that would make it inappropriate
for the applicant to be listed on the
Roll.".
34. Contracts between gaming operators and venue
30 operators
(1) In section 68(1) of the Gaming Machine Control
Act 1991, for the definition of "relevant contract"
substitute--
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' "relevant contract" means a contract between a
gaming operator and a venue operator for the
supply and operation of gaming machines.'.
(2) In section 68 of the Gaming Machine Control
5 Act 1991, for sub-section (2) substitute--
"(2) A gaming operator must not enter into a
relevant contract unless the contract is--
(a) in accordance with a form approved by
the Authority; or
10 (b) approved by the Authority before it is
entered into.
Penalty: 100 penalty units.".
(3) In section 68 of the Gaming Machine Control
Act 1991, after sub-section (3) insert--
15 "(4) A relevant contract entered into in
contravention of sub-section (2) is void.".
35. New section 68A inserted
After section 68 of the Gaming Machine Control
Act 1991 insert--
20 "68A. Director's standards for gaming machine
types and games
(1) The Director, with the approval of the
Minister, may from time to time make and
amend standards for gaming machine types
25 and games.
(2) Before making or amending a standard, the
Director must consult--
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(a) each manufacturer or supplier of
gaming machines who is listed on the
Roll; and
(b) each gaming operator; and
5 (c) each casino operator.
(3) The Director must publish each standard, and
each amendment to a standard, in the
Government Gazette.
(4) A standard, or an amendment to a standard,
10 comes into force 6 months after the day on
which it is published or at such later time
specified in it.".
36. Approval of gaming machine types and games
(1) In section 69 of the Gaming Machine Control
15 Act 1991, for sub-section (3) substitute--
"(3) The Authority may approve or refuse to
approve a gaming machine type or a game,
having regard to--
(a) player return, game fairness and
20 security and responsible gambling; and
(b) any standards in force under
section 68A; and
(c) the certificate of a person listed on the
Roll, being a person referred to in
25 section 63(1A).".
(2) In section 69 of the Gaming Machine Control
Act 1991, sub-sections (4) and (5AA) are
repealed.
(3) In section 69 of the Gaming Machine Control
30 Act 1991, for sub-section (5B) substitute--
"(5B) The Authority may approve or refuse to
approve a variation to a gaming machine
type or a game, having regard to--
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(a) player return, game fairness and
security and responsible gambling; and
(b) any standards in force under
section 68A; and
5 (c) the certificate of a person listed on the
Roll, being a person referred to in
section 63(1A).
(5BA) An approval under sub-section (3) or (5B) is
subject to the conditions (if any) imposed by
10 the Authority.".
(4) In section 69(5C) of the Gaming Machine
Control Act 1991, after "gaming operator" insert
"or casino operator".
(5) In section 69 of the Gaming Machine Control
15 Act 1991, after sub-section (6B) insert--
"(7) A gaming machine type or game lawfully
used in an approved venue immediately
before the commencement of section 36(1)
of the Gaming Legislation (Amendment)
20 Act 2002 is deemed to be approved under
this section.".
(6) At the end of section 69 of the Gaming Machine
Control Act 1991 insert--
"(8) A gaming machine type or game lawfully
25 used in a casino immediately before the
commencement of section 36(4) of the
Gaming Legislation (Amendment) Act
2002 is deemed to be approved under this
section.".
30 37. Withdrawal of approval
(1) In section 70 of the Gaming Machine Control
Act 1991--
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(a) in sub-section (2)(b), for "and gaming
operators" substitute ", gaming operators
and casino operators";
(b) in sub-section (3), after "gaming operator"
5 insert "or casino operator".
(2) In section 70 of the Gaming Machine Control
Act 1991, after sub-section (5) insert--
"(5A) Subject to sub-section (3), a casino operator
must not permit a gaming machine to be
10 played in the casino if--
(a) the machine is of a type in respect of
which the Authority has withdrawn
approval under sub-section (1); and
(b) notice has been given to the casino
15 operator under sub-section (2).
Penalty: 1000 penalty units.
(5B) Subject to sub-section (3), a casino operator
must not permit a game to be played in the
casino if--
20 (a) the Authority has withdrawn approval
of that game under sub-section (1); and
(b) notice has been given to the casino
operator under sub-section (2).
Penalty: 1000 penalty units.".
25 38. New sections 77B and 77C inserted
After section 77A of the Gaming Machine
Control Act 1991 insert--
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"77B. Banning large denomination note acceptors
and autoplay facilities
(1) A gaming operator must not allow a game to
be played on a gaming machine that accepts
5 banknotes with a denomination greater than
$50.
Penalty: 20 penalty units.
(2) A gaming operator must not allow a game to
be played on a gaming machine unless each
10 spin can be initiated only by a distinct and
separate activation of the machine by the
player (whether by pushing a play button,
touching the screen or otherwise).
Penalty: 20 penalty units.
15 (3) Sub-sections (1) and (2) do not apply, before
1 January 2008, to a game that was approved
by the Authority before 1 January 2003.
(4) Sub-sections (1) and (2) do not apply to a
game played on a gaming machine located in
20 an area specified by notice of the Authority
published in the Government Gazette if the
gaming operator complies with the
conditions, if any, specified in the notice.
77C. Spin rates
25 (1) A gaming operator must not allow a game to
be played on a gaming machine if the spin
rate of the game is less than 214 seconds.
Penalty: 20 penalty units.
(2) Sub-section (1) does not apply to a game
30 played on a gaming machine located in an
area specified by notice of the Authority
published in the Government Gazette if the
gaming operator complies with the
conditions, if any, specified in the notice.".
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39. Authority's rules
(1) In section 78(1)(a), (b) and (c) of the Gaming
Machine Control Act 1991, for "restricted areas"
substitute "gaming machine areas".
5 (2) In section 78(1) of the Gaming Machine Control
Act 1991--
(a) in paragraph (f), after "winnings" insert
"from gaming in an approved venue";
(b) in paragraph (g), after "gaming" insert "in an
10 approved venue".
(3) In section 78 of the Gaming Machine Control
Act 1991, after sub-section (1) insert--
"(1A) The Authority may make rules for or with
respect to--
15 (a) procedures for the resolution of
disputes concerning payment of
winnings from gaming in a casino; and
(b) any other matter relevant to the conduct
of gaming in a casino.".
20 (4) In section 78 of the Gaming Machine Control
Act 1991--
(a) in sub-section (2), after "sub-section (1)"
insert "or (1A)";
(b) in sub-section (3), for "venue operator of
25 rules made under this section" substitute
"venue operator or casino operator of rules
made under this section that apply to the
venue operator or casino operator";
(c) in sub-section (5), after "sub-section (1)"
30 insert ", (1A)".
(5) In section 79 of the Gaming Machine Control
Act 1991, after "section 78" (where twice
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occurring) insert "that apply to the venue
operator".
(6) In section 79 of the Gaming Machine Control
Act 1991, after sub-section (2) insert--
5 "(3) A casino operator must display in a
prominent place in the casino a copy of rules
made by the Authority under section 78 that
apply to the casino operator as in force from
time to time.
10 Penalty: 25 penalty units.
(4) A casino operator must enforce or cause to
be enforced rules made under section 78 that
apply to the casino operator.
Penalty: 25 penalty units.".
15 40. New sections 81A and 81B inserted
After section 81 of the Gaming Machine Control
Act 1991 insert--
"81A. Limiting withdrawals and advances from
cash facilities
20 (1) A venue operator must not provide, or allow
another person to provide, cash facilities in
the approved venue that allow a person to
obtain by means of those facilities, in any
one transaction on any one debit or credit
25 card, an amount of cash exceeding $200.
Penalty: 50 penalty units.
(2) A venue operator must not allow a person to
obtain from a cash facility in the approved
venue a cash advance from a credit account.
30 Penalty: 50 penalty units.
81B. Payment of winnings and cashing of
cheques
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(1) A venue operator or gaming operator must
not pay out, or allow another person to pay
out, winnings or accumulated credits
exceeding $2000 from a gaming machine to
5 a person except by cheque.
Penalty: 50 penalty units.
(2) A venue operator or gaming operator must,
at the request of a person, pay out any
winnings or accumulated credits from a
10 gaming machine to the person by cheque.
Penalty: 50 penalty units.
(3) A venue operator or gaming operator must
not, at an approved venue, give, or allow
another person to give, a person cash or
15 gaming tokens in exchange for a cheque
drawn on an account of the venue operator or
gaming operator to enable that person to play
a gaming machine in the approved venue.
Penalty: 50 penalty units.".
20 41. New sections 82A to 82F inserted
After section 82 of the Gaming Machine Control
Act 1991 insert--
'82A. Loyalty schemes
(1) A loyalty scheme provider must not allow a
25 person to participate in a loyalty scheme
unless--
(a) the provider has given the person a
written statement--
(i) informing the person of his or her
30 rights under sub-section (2); and
(ii) containing the prescribed
information; and
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(b) the person has agreed to receive player
activity statements relating to the
playing of games under the scheme.
Penalty: 20 penalty units.
5 (2) A participant in a loyalty scheme may at any
time, by notifying the loyalty scheme
provider, set--
(a) a limit on the amount of time, in any
24 hour period determined by the
10 provider, that the participant may play
games under the scheme;
(b) a limit on the participant's net loss on
games played under the scheme in any
24 hour period determined by the
15 provider;
(c) if the participant has set a limit under
paragraph (b), a limit on the
participant's net loss on games played
under the scheme in any year
20 determined by the provider.
(3) If the participant has previously set a limit
under sub-section (2), any new limit set by
the participant that increases the amount of
time or net loss does not take effect until the
25 time determined by the loyalty scheme
provider, which must be at least 24 hours
after the participant has notified the loyalty
scheme provider of the new limit.
(4) A loyalty scheme provider must not allow a
30 participant to continue playing games under
the scheme after a limit set by the participant
under sub-section (2) has been reached.
Penalty: 20 penalty units.
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(5) A loyalty scheme provider must not
knowingly allow an excluded person to
participate in the scheme at a casino.
Penalty: 20 penalty units.
5 (6) A loyalty scheme provider must not
knowingly allow a person who has excluded
themselves from an approved venue to
participate in the scheme at that approved
venue.
10 Penalty: 20 penalty units.
(7) A loyalty scheme provider who conducts a
loyalty scheme at a casino must remove a
participant from the scheme if the participant
becomes an excluded person.
15 Penalty: 20 penalty units.
(8) In this section--
"excluded person" means a person who is
the subject of an exclusion order or
interstate exclusion order (within the
20 meaning of the Casino Control Act
1991).
82B. Player activity statements
(1) At least once each year, a loyalty scheme
provider must provide each participant in the
25 scheme with a player activity statement
containing the prescribed information--
(a) by sending the statement to the
participant by post, fax, e-mail or other
electronic communication; or
30 (b) by making the statement available for
collection by the participant--
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(i) if the provider is a venue
operator--at the approved venue;
or
(ii) if the provider is a casino
5 operator--at the casino; or
(iii) in any other case--at an approved
venue nominated by the
participant--
at the election of the participant.
10 Penalty: 20 penalty units.
(2) If the participant has elected to collect his or
her player activity statement from an
approved venue or casino, the loyalty
scheme provider must, within 7 days after
15 the statement is prepared, send the
participant, by post, fax, e-mail or other
electronic communication, notice that the
statement is available for collection.
Penalty: 20 penalty units.
20 (3) A notice under sub-section (2) must advise
the participant of the provisions of
section 82C.
(4) If a participant requests an additional copy of
his or her player activity statement, the
25 loyalty scheme provider must provide it to
the participant on payment of the fee (if any),
not exceeding $20, determined by the
provider.
Penalty: 20 penalty units.
30 82C. Suspension of person who fails to collect
their player activity statement
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(1) This section applies to a participant in a
loyalty scheme who has elected to collect his
or her player activity statements from an
approved venue or casino.
5 (2) If a participant does not collect his or her
player activity statement within one month
after the day on which notice of the
availability of the statement is sent to the
participant under section 82B(2), the loyalty
10 scheme provider must suspend the
participant from the scheme until--
(a) the participant collects the statement; or
(b) the participant is removed from the
scheme under sub-section (3)--
15 whichever is sooner.
Penalty: 20 penalty units.
(3) If a participant does not collect his or her
player activity statement within 3 months
after the day on which notice of the
20 availability of the statement is sent to the
participant under section 82B(2), the loyalty
scheme provider must remove the participant
from the scheme.
Penalty: 20 penalty units.
25 (4) A loyalty scheme provider must send written
notice, by post, fax, e-mail or other
electronic communication, to a participant
who is suspended or removed from a loyalty
scheme under this section.
30 Penalty: 20 penalty units.
82D. Opting out of loyalty schemes
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(1) At least once each year, a loyalty scheme
provider must send each participant in the
scheme, by post, fax, e-mail or other
electronic communication, a notice
5 informing the participant of his or her right,
by informing the provider, to cease
participating in the scheme.
Penalty: 20 penalty units.
(2) If the notice is sent by post, the loyalty
10 scheme provider must enclose a reply paid
envelope with the notice.
Penalty: 20 penalty units.
(3) A loyalty scheme provider must remove a
participant from the scheme if the participant
15 informs the provider (whether in response to
a notice under sub-section (1) or otherwise)
that the participant wishes to cease
participating in the scheme.
Penalty: 20 penalty units.
20 82E. No advertising to people suspended or
removed from loyalty schemes
(1) If a person has been removed from a loyalty
scheme, the loyalty scheme provider must
not knowingly send or direct by any means
25 advertising or other promotional material
relating to gaming to the person.
Penalty: 20 penalty units.
(2) If a person has been suspended from a
loyalty scheme, the loyalty scheme provider
30 must not knowingly send or direct by any
means advertising or other promotional
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material relating to gaming to the person
during the period of suspension.
Penalty: 20 penalty units.
(3) For the purposes of sub-sections (1) and (2),
5 a loyalty scheme provider does not send or
direct material to a person only because the
provider makes the material available
generally to members of the public.
Examples
10 Examples of making material available generally to
members of the public include publishing it on the
Internet, television or other medium or displaying it
on a billboard.
82F. Loyalty scheme participant information
15 (1) A loyalty scheme provider must allow a
person who is or was a participant in the
scheme, on payment of the fee (if any), not
exceeding $20, determined by the provider,
to have access to any information held by the
20 provider relating to the person's participation
in the scheme.
Penalty: 20 penalty units.
(2) The Minister may from time to time direct a
loyalty scheme provider to provide
25 information derived from the scheme, other
than information that identifies, or is capable
of identifying, any person who is or was a
participant in the scheme--
(a) to the Panel; or
30 (b) to any other person or body for research
purposes.
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Gaming Legislation (Amendment) Act 2002
Act No.
part 4--gaming machine control act 1991
s. 42
43
(3) A loyalty scheme provider must comply with
a direction given under sub-section (2).
Penalty: 100 penalty units.'.
42. Minors in gaming machine areas
5 In the Gaming Machine Control Act 1991--
(a) in sections 90, 92, 93(1) and 95, for
"restricted area" (wherever occurring)
substitute "gaming machine area";
(b) in section 96(1), for "restricted areas"
10 substitute "gaming machine areas";
(c) in section 97, for "restricted area" substitute
"gaming machine area".
43. Delegation of disciplinary functions
In section 107A(1A) of the Gaming Machine
15 Control Act 1991, after "Part 3" insert "or
section 66".
44. Statement of reasons
In section 114(6) of the Gaming Machine
Control Act 1991, for "false" substitute
20 "substantially incomplete".
45. Accounts and records
In section 132 of the Gaming Machine Control
Act 1991, for sub-section (3) substitute--
"(3) Each operator must keep the accounting
25 records in the form required by the Authority
and in a manner that will enable--
(a) true and fair financial statements and
accounts to be prepared from time to
time; and
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Gaming Legislation (Amendment) Act 2002
Act No.
part 4--gaming machine control act 1991
s. 47
(b) in the case of a venue operator, true and
fair community benefit statements to be
prepared under section 136AB--
and for those financial statements, accounts
5 and community benefit statements to be
conveniently and properly audited.
Penalty: 50 penalty units.".
46. Other returns by gaming operators
In section 136 of the Gaming Machine Control
10 Act 1991, after sub-section (3B) insert--
"(3C) A gaming operator must inform a venue
operator of the amounts paid by the gaming
operator under sub-section (3)(c) in respect
of gaming machines at the approved venue
15 of the venue operator.".
47. Declaration of different rate of return
At the end of section 136A of the Gaming
Machine Control Act 1991 insert--
'(2) If a licence referred to in section 12A(1)(b)
20 or (c) is in force in respect of an approved
venue and--
(a) an audited community benefit statement
lodged under section 136AB by the
holder of the licence indicates that the
25 holder has made less than the required
community benefit contribution; or
(b) the holder of the licence has not lodged
an audited community benefit statement
under section 136AB within the time
30 required for lodgement--
the Authority may declare that the amounts
payable by the gaming operator under
section 136 in respect of the period of
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Gaming Legislation (Amendment) Act 2002
Act No.
part 4--gaming machine control act 1991
s. 48
12 months commencing on 1 January next
following the making of the declaration are
to be paid as if the licence were a licence
referred to in section 12A(1)(a).
5 (3) The Authority must notify the licence holder
and the gaming operator of a declaration
under sub-section (2) on or before
1 December in the year in which the
declaration is made.
10 (4) In determining whether a licence holder has
made the required community benefit
contribution, any amounts in respect of GST
payable by the licence holder in respect of
supplies for community purposes are to be
15 taken into account.
(5) A gaming operator must inform a licence
holder of any amounts paid by the gaming
operator in accordance with a declaration
under sub-section (2) in respect of the
20 licence holder.
(6) In this section--
"community purposes" has the same
meaning as in section 136AB;
"gaming revenue" has the same meaning as
25 in section 136AB;
"required community benefit
contribution" in respect of a financial
year means 81/3% of gaming revenue in
respect of that financial year.'.
30 48. New section 136AB inserted
After section 136A of the Gaming Machine
Control Act 1991 insert--
'136AB. Community benefit statements
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Gaming Legislation (Amendment) Act 2002
Act No.
part 4--gaming machine control act 1991
(1) In respect of each financial year
commencing on or after 1 July 2003, each
venue operator must prepare and lodge a
community benefit statement with the
5 Authority in accordance with this section
regarding the application of gaming revenue
in the financial year to community purposes.
Penalty: 50 penalty units.
(2) A community benefit statement--
10 (a) must be in a form approved by the
Minister; and
(b) must state whether the total of--
(i) the percentage (if any) of gaming
revenue applied by the venue
15 operator in the financial year to
community purposes; and
(ii) the value of any non-financial
contribution to community
purposes (for example, voluntary
20 work) by or on behalf of the venue
operator in the financial year,
expressed as a percentage of the
venue operator's gaming revenue
in the financial year; and
25 (iii) any amount payable by a gaming
operator in the financial year
under a declaration made by the
Authority under section 136A(2)
in respect of the venue operator,
30 expressed as a percentage of the
venue operator's gaming revenue
in the financial year--
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Gaming Legislation (Amendment) Act 2002
Act No.
part 4--gaming machine control act 1991
s. 48
is less than, equal to or greater than the
required community benefit
contribution (within the meaning given
by section 136A(6));
5 (c) must be audited; and
(d) must be lodged on or before
30 September next following the
financial year to which it relates.
(3) The Minister, by order published in the
10 Government Gazette, must from time to time
determine the kind of activities or purposes
that constitute community purposes.
(4) The Minister must give notice of an order
under sub-section (3) to each venue operator.
15 (5) An order under sub-section (3) takes effect in
the financial year next following the
financial year in which it is published.
(6) The Authority must publish on the Internet
each statement lodged with it under this
20 section.
(7) In determining the percentage of gaming
revenue applied by a venue operator to
community purposes, any amounts in respect
of GST payable by the venue operator in
25 respect of supplies for community purposes
are to be taken into account.
(8) In this section--
"community purposes" means activities or
purposes of a kind determined by the
30 Minister under sub-section (3);
"gaming revenue" of a venue operator in
respect of a financial year, means the
total daily net cash balances, within the
meaning given by section 136(5), of all
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Gaming Legislation (Amendment) Act 2002
Act No.
part 4--gaming machine control act 1991
s. 49
52
gaming machines at the approved
venue during the financial year.'.
49. Gambling Research Panel
In section 138C of the Gaming Machine Control
5 Act 1991, sub-section (3) is repealed.
50. Secrecy
In section 139 of the Gaming Machine Control
Act 1991, after sub-section (4B) insert--
"(4C) Nothing in this section applies to prohibit or
10 restrict the provision of information referred
to in section 82F(2) in accordance with a
direction of the Minister under that section.".
51. Regulations
In section 159(1) of the Gaming Machine
15 Control Act 1991--
(a) in paragraph (ua), after "gaming" insert "or
that is generally associated with gaming";
(b) after paragraph (ub) insert--
"(uc) in relation to loyalty schemes--
20 (i) information to be given to persons
before joining the scheme;
(ii) the provision to participants of
player activity statements,
including the details to be
25 included in those statements;".
52. Statute law revision
(1) In section 12A(1) of the Gaming Machine
Control Act 1991--
(a) omit "under the Liquor Control Reform
30 Act 1998";
45
541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002
Act No.
part 4--gaming machine control act 1991
(b) in paragraph (c), for "Part 1" substitute
"Part I".
(2) In section 136(3)(a) of the Gaming Machine
Control Act 1991, for "or (d)" substitute "or (c)".
5 (3) In section 158(1) of the Gaming Machine
Control Act 1991, omit "or 65(3)".
__________________
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Gaming Legislation (Amendment) Act 2002
Act No.
part 5--gaming no. 2 act 1997
s. 53
PART 5--GAMING NO. 2 ACT 1997
See: 53. New section 12K inserted
Act No.
16/1997.
After section 12J of the Gaming No. 2 Act 1997
Reprint No. 2
insert--
as at
28 August
5 "12K. Suspension of declaration
2001
and
amending (1) The Authority, by giving written notice to a
Act Nos
community or charitable organisation, may
90/2000 and
11/2002. suspend a declaration made under this
LawToday:
Division in respect of the organisation if--
www.dms.
dpc.vic.
10 (a) the Authority is considering whether to
gov.au
revoke the declaration; and
(b) the Authority considers it in the public
interest to suspend the declaration
pending the making of a decision
15 whether or not to revoke it.
(2) The Authority may at any time terminate a
suspension under sub-section (1).
(3) Unless terminated earlier by the Authority, a
suspension under sub-section (1) is
20 terminated when--
(a) the Authority revokes the declaration
under section 12I; or
(b) the Authority decides not to revoke the
declaration--
25 whichever is earlier.
(4) While a declaration is suspended under sub-
section (1), the organisation to which it
relates is not a community or charitable
organisation for the purposes of Division 2.".
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Gaming Legislation (Amendment) Act 2002
Act No.
part 5--gaming no. 2 act 1997
s. 54
54. Expenses of entry in a trade promotion lottery
(1) In section 27 of the Gaming No. 2 Act 1997, for
paragraph (b) substitute--
"(b) the person complies with--
5 (i) the condition in sub-section (2); and
(ii) any other conditions that are prescribed
for the purposes of this section.".
(2) At the end of section 27 of the Gaming No. 2 Act
1997 insert--
10 "(2) The conditions of entry to, or the manner of
participation in, the trade promotion lottery
must not require the entrant or another
person to incur an expense per entry
exceeding the amount determined from time
15 to time by the Governor in Council by Order
published in the Government Gazette.".
(3) In section 29 of the Gaming No. 2 Act 1997, for
sub-section (3) substitute--
"(3) A permit is subject to--
20 (a) the condition in sub-section (4); and
(b) any other conditions that are prescribed
for the purposes of this section; and
(c) any other conditions the Director may
impose.
25 (4) The conditions of entry to, or the manner of
participation in, the trade promotion lottery
must not require the entrant or another
person to incur an expense per entry
exceeding the amount determined from time
30 to time by the Governor in Council by Order
published in the Government Gazette.".
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Gaming Legislation (Amendment) Act 2002
Act No.
part 5--gaming no. 2 act 1997
s. 55
55. Inspectors' powers
In section 79 of the Gaming No. 2 Act 1997--
(a) in sub-section (2)--
(i) for "this section" substitute "this Act";
5 (ii) for "10 days" substitute "a reasonable
time";
(b) sub-section (5) is repealed.
56. New section 80A inserted
After section 80 of the Gaming No. 2 Act 1997
10 insert--
'80A. Identification of inspectors
(1) If a person proposing to exercise the
functions of an inspector fails to produce on
demand his or her identification card, the
15 person is not authorised to exercise those
functions in relation to the person making the
demand.
(2) In this section--
"identification card"--
20 (a) in relation to a person who is an
inspector--means the
identification card issued to the
inspector under section 106(1) of
the Gaming and Betting Act
25 1994;
(b) in relation to a person who is a
member of the police force--
means the person's police
identification.'.
30 57. Retention of things seized
In the Gaming No. 2 Act 1997, section 82 is
repealed.
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Gaming Legislation (Amendment) Act 2002
Act No.
part 5--gaming no. 2 act 1997
s. 58
58. New section 83 substituted
For section 83 of the Gaming No. 2 Act 1997
substitute--
"83. Offences relating to obstruction etc. of
5 inspectors
A person must not--
(a) assault, obstruct, hinder, threaten,
abuse, insult or intimidate an inspector
or a member of the police force when
10 the inspector or member is exercising
or attempting to exercise his or her
functions under this Act; or
(b) fail to produce for inspection any
equipment or records in the possession
15 or under the control of the person when
required so to do by an inspector or
member of the police force in the
exercise of his or her functions under
this Act; or
20 (c) fail without reasonable excuse to attend
before an inspector or member of the
police force and answer questions or
supply information when required so to
do by the inspector or member in the
25 exercise of his or her functions under
this Act; or
(d) except with the permission of an
inspector or member of the police
force, take any equipment, money,
30 securities or records seized under the
authority of this Act; or
(e) fail to comply with an order under
section 79(1)(e) to withdraw equipment
from use; or
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Gaming Legislation (Amendment) Act 2002
Act No.
part 5--gaming no. 2 act 1997
s. 58
(f) prevent, directly or indirectly, a person
from attending before an inspector or
member of the police force, producing
to an inspector or member any
5 equipment or records or answering any
question of, or supplying any
information to an inspector or member
when that person is required to do so
under this Act.
10 Penalty: 50 penalty units.".
__________________
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Gaming Legislation (Amendment) Act 2002
Act No.
part 6--interactive gaming (player protection) act 1999
s. 59
PART 6--INTERACTIVE GAMING (PLAYER PROTECTION)
ACT 1999
See:
59. Approval of interactive gaming equipment Act No.
41/1999.
In section 10 of the Interactive Gaming (Player Reprint No. 1
5 Protection) Act 1999, after sub-section (2) as at
13 September
insert-- 2001 and
amending Act
"(3) In approving equipment under this section, No. 11/2002.
the Authority may take into account the LawToday:
www.dms.
certificate of a person listed on the Roll of dpc.vic.
10 Suppliers under the Gaming Machine gov.au
Control Act 1991, being a person referred to
in section 63(1A) of that Act.".
60. New section 10A inserted
After section 10 of the Interactive Gaming
15 (Player Protection) Act 1999 insert--
"10A. Licensed testers to test interactive gaming
equipment
A person must not employ, or cause to be
employed, another person to service,
20 maintain or repair interactive gaming
equipment unless the second-mentioned
person holds a current technician's licence
under the Gaming Machine Control Act
1991.
25 Penalty: 250 penalty units.".
61. Statement of reasons
In section 67A(6) of the Interactive Gaming
(Player Protection) Act 1999, for "false"
substitute "substantially incomplete".
__________________
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Gaming Legislation (Amendment) Act 2002
Act No.
part 7--public lotteries act 2000
s. 62
PART 7--PUBLIC LOTTERIES ACT 2000
See: 62. Non-monetary prizes
Act No.
73/2000
In section 3(1) of the Public Lotteries Act 2000,
and
in the definition of "public lottery" omit
amending
Act No.
5 "monetary".
44/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
63. Offence not to comply with lottery rules
In section 7 of the Public Lotteries Act 2000, for
sub-section (2) substitute--
"(2) A licensee or an appointed subsidiary of a
10 licensee must not conduct a public lottery
unless--
(a) lottery rules for the public lottery are in
force; and
(b) the public lottery is conducted in
15 accordance with those rules.
Penalty: 100 penalty units.".
64. New section 14A inserted
After section 14 of the Public Lotteries Act 2000
insert--
20 "14A. Non-monetary prizes
(1) If a licensee offers a non-monetary prize in a
public lottery the licensee must also offer a
monetary prize of equivalent value as an
alternative to the non-monetary prize.
53
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Gaming Legislation (Amendment) Act 2002
Act No.
part 7--public lotteries act 2000
s. 64
(2) In determining whether a monetary prize is
of equivalent value to a non-monetary prize,
any amount in respect of GST payable in
respect of the supply to which the prize
5 relates is to be taken into account.".
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Gaming Legislation (Amendment) Act 2002
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
55
541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
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