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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gambling Legislation (Responsible Gambling) Act
2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF THE CASINO CONTROL ACT 1991 3
3. Gaming machine numbers in casino 3
4. Object of the Authority 3
5. Regulations 3
PART 3--AMENDMENT OF THE GAMING MACHINE
CONTROL ACT 1991 4
Division 1--General 4
6. Purpose widened 4
7. Definitions 4
Division 2--Regional Limits 5
8. New section 12AA inserted 5
12AA. Regional limits on gaming machines 5
12AB. No compensation payable 7
9. Matters to be considered in application for venue operator's
licence 7
10. Amendment of conditions of venue operator's licence 8
11. New sections 165 and 166 inserted 8
165. Transitional provision--regional limits 9
166. Saving of direction under section 12 9
Division 3--24 Hour Gaming 9
12. 24 hour gaming venues in Melbourne 9
13. Determination of application for approval of premises 10
14. Notification of approval 11
15. Venue operator's licence 11
16. Register of venue operators and approved venues 12
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Clause Page
17. Increase of 24 hour gaming 12
18. New section 167 inserted 14
167. Transitional provisions--24 hour gaming 14
Division 4--Impact of Gaming on Community 16
19. New section 12CA inserted 16
12CA. Impact of gaming on municipal district 16
20. Matters for consideration in application for approval of premises 17
21. Exception of renewal of approval 17
22. Increase in gaming machines in an approved venue 17
23. New section 168 inserted 18
168. Transitional provisions--impact of gaming on
community 18
Division 5--Gambling Research Panel 21
24. Community Support Fund 21
25. New Part 9A inserted 22
PART 9A--GAMBLING RESEARCH PANEL 22
138A. Establishment 22
138B. The Crown 22
138C. Functions and powers 22
138D. Members of the Panel 23
138E. Remuneration 24
138F. Term of office 24
138G. Acting appointments 24
138H. Vacancies, resignations 25
138I. Disclosure of interests 26
138J. Chairperson to preside 26
138K. Proceedings of the Panel 26
138L. Validity of decisions 27
138M. Research plan 27
138N. Financial Management Act 28
Division 6--Miscellaneous 29
26. Delegation 29
27. Objects of the Authority 29
28. Supreme Court--limitation of jurisdiction 30
29. Section 68 inserted 30
68. Contracts to be approved by Authority 30
30. Regulation-making power 31
31. Statute law revision 31
NOTES 32
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541028B.A1-5/4/2000 BILL LA AS SENT 5/4/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 1 March 2000
As amended in Assembly 4 April 2000
A BILL
to amend the Casino Control Act 1991 and the Gaming Machine
Control Act 1991 and for other purposes.
Gambling Legislation (Responsible
Gambling) Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to restrict the number of gaming machines at
5 the Melbourne Casino;
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(b) to provide for the determination of maximum
numbers of gaming machines in regions of
the State;
(c) to provide for restrictions on 24 hour
5 gaming;
(d) to provide for the views of a municipal
council to be taken into account when the
Authority is considering the placement of
gaming machines in the municipal district;
10 (e) to provide for the establishment of the
Gambling Research Panel;
(f) to provide for players of gaming machines to
be given information relevant to gaming on
gaming machines;
15 (g) to provide for the regulation of advertising in
relation to gambling.
2. Commencement
(1) This Act, except Division 3 of Part 3, comes into
operation on the day after the day on which this
20 Act receives the Royal Assent.
(2) Division 3 of Part 3 is deemed to have come into
operation on 2 March 2000.
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PART 2--AMENDMENT OF THE CASINO CONTROL ACT
1991
3. Gaming machine numbers in casino
No. 47/1991.
At the end of section 62A of the Casino Control
Reprint No. 4
5 Act 1991 insert-- as at
1 January
'(2) The number of gaming machines available 1999. Further
for gaming at the Melbourne Casino must amended by
No. 41/1999.
not exceed 2500.
(3) In sub-section (2), "Melbourne Casino" has
10 the same meaning as in the Agreement
within the meaning of the Casino
(Management Agreement) Act 1993.'.
4. Object of the Authority
In section 140 of the Casino Control Act 1991,
15 for paragraph (c) substitute--
"(c) fostering responsible gambling in casinos in
order to--
(i) minimise harm caused by problem
gambling; and
20 (ii) accommodate those who gamble
without harming themselves or others.".
5. Regulations
In section 167(1) of the Casino Control Act
1991, after paragraph (b) insert--
25 "(ba) the provision to players of gaming machines
in a casino of information relevant to gaming
on gaming machines;".
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PART 3--AMENDMENT OF THE GAMING MACHINE
CONTROL ACT 1991
Division 1--General
6. Purpose widened
No. 53/1991.
5 In section 1 of the Gaming Machine Control Act
Reprint No. 5
1991, after paragraph (e) insert--
as at 30 June
1998. Further
"; and
amended by
Nos 117/1993,
(f) fostering responsible gambling in order to--
90/1997,
93/1997,
(i) minimise harm caused by problem
90/1998,
94/1998,
10 gambling; and
41/1999,
47/1999 and
(ii) accommodate those who gamble
53/1999.
without harming themselves or others.".
7. Definitions
In section 3(1) of the Gaming Machine Control
15 Act 1991--
(a) for the definition of "Melbourne Statistical
Division" substitute--
' "Melbourne Statistical Division" means
the Major Statistical Region of
20 Melbourne described in the publication
entitled Statistical Geography--
Volume 1--Australian Standard
Geographical Classification (ASGC),
Catalogue number 1216.0 published in
25 1996 by the Australian Bureau of
Statistics;';
(b) insert the following definitions--
' "municipal district" has the same meaning
as in the Local Government Act 1989;
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"Panel" means Gambling Research Panel
established under Part 9A;
"regional limit" means the maximum
permissible number of gaming
5 machines available for gaming in a
region of the State determined and in
force under section 12AA;
"State limit" means the maximum
permissible number of gaming
10 machines available for gaming in the
State directed and in force under
section 12(1)(a);'.
Division 2--Regional Limits
8. New section 12AA inserted
15 In Part 2 of the Gaming Machine Control Act
1991, after section 12 insert--
"12AA. Regional limits on gaming machines
(1) The Minister may from time to time, by
order in writing published in the Government
20 Gazette--
(a) determine regions in the State for the
purposes of this Act; and
(b) in respect of each region, specify the
criteria which the Authority must use to
25 determine the maximum permissible
number of gaming machines available
for gaming in the region.
(2) Within 60 days after an order under sub-
section (1) is published in the Government
30 Gazette, the Authority must, by instrument
published in the Government Gazette, and in
accordance with the specified criteria,
determine the maximum permissible number
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of gaming machines available for gaming in
a region determined and in force under sub-
section (1)(a) but so that the total for the
State does not exceed the State limit.
5 (3) Within 7 days after publication of a
determination under sub-section (2), the
Authority must--
(a) serve on each gaming operator a copy
of the determination; and
10 (b) give to each gaming operator a written
direction requiring compliance with the
regional limits determined under sub-
section (2) by any means specified by
the Authority in the direction.
15 (4) Without limiting sub-section (3)(b), a
direction under that sub-section may--
(a) require the number of gaming machines
in a region to be reduced by the gaming
operators on a pro rata or percentage
20 basis or on any other basis, subject to
compliance with directions given by the
Minister and in force under paragraph
(d) or (e) of section 12(1); or
(b) specify a period or date, being not later
25 than 5 years after the date on which the
direction is given, within which or by
which one or more regional limits must
be met.
(5) A gaming operator must comply with a
30 direction under sub-section (3) as soon as it
takes effect.
(6) A direction takes effect when the direction is
given to the gaming operator or on a later
date specified in the direction.
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(7) Not later than 5 years after the publication of
a determination under sub-section (2) and
thereafter at intervals not exceeding 5 years,
the Authority must--
5 (a) review the regional limits; and
(b) if a regional limit is no longer
appropriate, determine, by instrument
published in the Government Gazette, a
new regional limit in accordance with
10 the criteria specified under sub-section
(1)(b) but so that the total for the State
does not exceed the State limit.
(8) This section applies to a determination under
sub-section (7)(b) as if it were a
15 determination under sub-section (2).
12AB. No compensation payable
No compensation is payable by the Crown in
respect of any direction given or anything
done under or arising out of any direction
20 given by the Authority under section 12AA,
any action taken by the Authority under
section 27(2AB) or any decision made by the
Authority arising out of an amendment
proposed under section 27(2AB).".
25 9. Matters to be considered in application for venue
operator's licence
In section 21(1) of the Gaming Machine Control
Act 1991, after paragraph (b) insert--
"(c) in respect of each premises approved under
30 Part 2A that the applicant seeks to manage
and operate under the licence, the regional
limit will not be exceeded by the grant of the
application; and".
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10. Amendment of conditions of venue operator's licence
(1) In section 27 of the Gaming Machine Control
Act 1991, after sub-section (2) insert--
"(2AA) For the purpose of complying with a regional
5 limit, the gaming operator who supplies
gaming machines to a venue operator may
request the Authority in writing to propose
an amendment of the conditions of that
venue operator's licence by varying the
10 number of gaming machines permitted in an
approved venue.
(2AB) If the Authority is satisfied that an
amendment referred to in sub-section (2AA)
is required to implement a regional limit, the
15 Authority must propose the amendment in
accordance with sub-section (2)(b).".
(2) In section 27(3B) of the Gaming Machine
Control Act 1991, after paragraph (a) insert--
"(ab) if the proposed amendment will result in an
20 increase in the number of gaming machines
permitted in an approved venue, the
Authority is satisfied that the regional limit
for gaming machines for the region in which
the approved venue is located will not be
25 exceeded by the making of the amendment;
and".
(3) In section 27(5) of the Gaming Machine Control
Act 1991, after "gaming" insert "or for the
purpose of implementing a regional limit".
30 11. New sections 165 and 166 inserted
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After section 164 of the Gaming Machine
Control Act 1991 insert--
"165. Transitional provision--regional limits
This Act as amended by Division 2 of Part 3
5 of the Gambling Legislation (Responsible
Gambling) Act 2000 applies to--
(a) an application for the grant of a venue
operator's licence that is made to the
Authority but not determined before the
10 commencement of that Division; and
(b) an amendment of a condition of a
venue operator's licence that is
proposed under section 27 but not
decided before the commencement of
15 that Division.
166. Saving of direction under section 12
A direction made by the Minister under
section 12(1)(b) and in force immediately
before the commencement of section 7(a) of
20 the Gambling Legislation (Responsible
Gambling) Act 2000 continues to have
effect as if section 7(a) of that Act had not
been enacted until the direction is varied or
revoked.".
25 Division 3--24 Hour Gaming
12. 24 hour gaming venues in Melbourne
In section 12B of the Gaming Machine Control
Act 1991, after sub-section (3) insert--
"(3A) If an applicant for approval of premises--
30 (a) in the Melbourne Statistical Division;
and
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(b) in respect of which a licence granted
under section 8 or 10 of the Liquor
Control Reform Act 1998 authorises
the supply of liquor at any time--
5 wishes to open the premises as an approved
venue for 24 hours on any day, the
application must also be accompanied by a
submission--
(c) on the net economic and social benefit
10 that will accrue to the community of the
municipal district in which the premises
are located as a result of the premises
being open as an approved venue for
24 hours; and
15 (d) taking into account the impact of the
proposal for approval on surrounding
municipal districts.
(3B) A submission under sub-section (3A) must
be made in or to the effect of the form
20 approved by the Authority and must include
the information specified in the form.".
13. Determination of application for approval of premises
(1) In section 12H of the Gaming Machine Control
Act 1991, after sub-section (1) insert--
25 "(1A) It is a condition of every approval of
premises that, when the premises are an
approved venue--
(a) there must be a continuous 4 hour break
from gaming after every 20 hours of
30 gaming; and
(b) there must not be more than 20 hours of
gaming each day.
(1B) Sub-section (1A) does not apply to premises
in the Melbourne Statistical Division on any
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day or date specified in an approval of
premises or in a venue operator's licence as a
day or date on which 24 hour gaming is
permitted in the premises.
5 (1C) Sub-sections (1A) and (1B) apply to--
(a) an approval of premises granted under
this section; and
(b) a new approval granted under
section 12J--
10 where the application for approval is made
on or after 2 March 2000.".
(2) In section 12H(2) of the Gaming Machine
Control Act 1991, after "any" insert "other".
14. Notification of approval
15 In section 12H of the Gaming Machine Control
Act 1991, after sub-section (3) insert--
"(3A) If the Authority approves the opening of
premises as an approved venue for 24 hours
on any day--
20 (a) the approval must specify the days or
dates on which 24 hour gaming is
permitted in the premises; and
(b) the Authority must cause notice of the
approval to be published in the
25 Government Gazette.".
15. Venue operator's licence
In section 25 of the Gaming Machine Control
Act 1991, after sub-section (2) insert--
"(2A) If the Authority has approved, under Part
30 2A, the opening of the premises as an
approved venue for 24 hours on any day, the
Authority must specify in the venue
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operator's licence the days or dates on which
the approved venue may so open.".
16. Register of venue operators and approved venues
In section 25AA(2) of the Gaming Machine
5 Control Act 1991, after paragraph (e) insert--
"(f) if the approved venue may open for 24
hours, the days or dates on which the
approved venue may so open.".
17. Increase of 24 hour gaming
10 (1) In section 27(1) of the Gaming Machine Control
Act 1991, after paragraph (c) insert--
"; and
(d) variation of the days or dates on which 24
hour gaming is permitted in an approved
15 venue under the licence or section 167--".
(2) In section 27 of the Gaming Machine Control
Act 1991, after sub-section (1) insert--
"(1A) A venue operator's licence may be amended
in accordance with this section to add a
20 condition specifying days or dates on which
24 hour gaming is permitted in an approved
venue, when none currently takes place.
(1B) An amendment referred to in sub-section
(1)(d) or (1A) may only be proposed for an
25 approved venue--
(a) in the Melbourne Statistical Division;
and
(b) in respect of which a licence granted
under section 8 or 10 of the Liquor
30 Control Reform Act 1998 authorises
the supply of liquor at any time.".
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(3) In section 27(2A) of the Gaming Machine
Control Act 1991, after paragraph (b) insert--
"; and
(c) in the case of an amendment referred to in
5 sub-section (1)(d) or (1A), must be
accompanied by a submission--
(i) on the net economic and social benefit
that will accrue to the community of the
municipal district in which the
10 approved venue is located as a result of
the proposed amendment; and
(ii) taking into account the impact of the
proposed amendment on surrounding
municipal districts--
15 in or to the effect of the form approved by
the Authority and including the information
specified in the form.".
(4) In section 27(3) of the Gaming Machine Control
Act 1991, after "make" insert "any other".
20 (5) In section 27 of the Gaming Machine Control
Act 1991, after sub-section (4) insert--
"(4A) An amendment referred to in sub-section
(1)(d) or (1A) may be made subject to any
conditions that the Authority thinks fit.
25 (4B) The Authority is not required to give reasons
for its decision to make or refuse to make an
amendment referred to in sub-section (1)(d)
or (1A) but may give reasons if it thinks fit.".
(6) In section 27 of the Gaming Machine Control
30 Act 1991, after sub-section (6) insert--
"(7) If the Authority makes an amendment
referred to in sub-section (1)(d) or (1A), the
Authority must cause notice of the
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amendment to be published in the
Government Gazette.".
18. New section 167 inserted
After proposed section 166 of the Gaming
5 Machine Control Act 1991 insert--
"167. Transitional provisions--24 hour gaming
(1) Until an application for a new approval of
premises is made under section 12J in
respect of an approved venue or until an
10 amendment referred to in sub-section (1)(d)
or (1A) of section 27 is made to a venue
operator's licence, the venue operator may
conduct gaming for 24 hours at the approved
venue only--
15 (a) in accordance with an approval granted
under this section; or
(b) until an application made in accordance
with this section is finally determined.
(2) A venue operator cannot apply under this
20 section for an approval to open for gaming
for 24 hours on any days or dates other than
those referred to in sub-section (4)(b).
(3) Not later than 28 days after the Gambling
Legislation (Responsible Gambling) Act
25 2000 receives the Royal Assent, a venue
operator may apply to the Authority for an
approval under sub-section (5).
(4) An application must include, in respect of
each approved venue, evidence that--
30 (a) a licence granted under section 8 or 10
of the Liquor Control Reform Act
1998 authorising the supply of liquor at
any time is in force in respect of the
premises; and
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(b) the approved venue was open for
gaming for 24 hours on one or more
days each week or dates during the
period of 12 months immediately
5 before the Gambling Legislation
(Responsible Gambling) Act 2000
received the Royal Assent.
(5) If the Authority is satisfied that an approved
venue was open for gaming for 24 hours on
10 one or more days each week or dates during
the period of 12 months immediately before
the Gambling Legislation (Responsible
Gambling) Act 2000 received the Royal
Assent, the Authority may grant to the venue
15 operator an approval to conduct 24 hour
gaming only on the same day, days or dates
at the approved venue for the remainder of
the current term of the approval of those
premises under Part 2A unless sooner
20 cancelled, revoked or surrendered.
(6) An approval must specify--
(a) the location of the approved venue; and
(b) the day, days or dates on which 24 hour
gaming is permitted at the approved
25 venue.
(7) The Authority must--
(a) cause notice of an approval to be
published in the Government Gazette;
and
30 (b) cause to be entered in the Register
maintained in accordance with
section 25AA the days or dates on
which the approved venue may open
for 24 hours.
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(8) This Act as amended by Division 3 of Part 3
of the Gambling Legislation (Responsible
Gambling) Act 2000 applies to an
application for approval of premises that is
5 made to the Authority but not determined
before that Act receives the Royal Assent.".
Division 4--Impact of Gaming on Community
19. New section 12CA inserted
After section 12C of the Gaming Machine
10 Control Act 1991 insert--
"12CA. Impact of gaming on municipal district
(1) Within 28 days after receiving a copy of an
application for approval of premises, the
relevant responsible authority may make a
15 submission to the Authority--
(a) addressing the economic and social
impact of the proposal for approval on
the well-being of the community of the
municipal district in which the premises
20 are located; and
(b) taking into account the impact of the
proposal on surrounding municipal
districts.
(2) A submission must be made in or to the
25 effect of the form approved by the Authority
and must include the information specified in
the form.
(3) The Authority must consider a submission so
made.".
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20. Matters for consideration in application for approval
of premises
In section 12D(1) of the Gaming Machine
Control Act 1991, after paragraph (b) insert--
5 "; and
(c) the net economic and social impact of
approval will not be detrimental to the well-
being of the community of the municipal
district in which the premises are located.".
10 21. Exception of renewal of approval
In section 12J(3) of the Gaming Machine
Control Act 1991--
(a) after "12C," insert "12CA,"; and
(b) after "12D(1)(b)" insert "and (c)".
15 22. Increase in gaming machines in an approved venue
(1) In section 27 of the Gaming Machine Control
Act 1991, after sub-section (2A) insert--
"(2B) If an amendment proposed by a venue
operator is to increase the number of gaming
20 machines permitted in an approved venue,
the venue operator must send to the
municipal council of the municipal district in
which the approved venue is located a copy
of the proposed amendment within 14 days
25 after the proposal is made.
(2C) Within 28 days after receiving a copy of a
proposed amendment referred to in sub-
section (2B), the municipal council may
make a submission to the Authority--
30 (a) addressing the economic and social
impact of the proposed amendment on
the well-being of the community of the
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municipal district in which the
approved venue is located; and
(b) taking into account the impact of the
proposed amendment on surrounding
5 municipal districts.
(2D) A submission must be made in or to the
effect of the form approved by the Authority
and must include the information specified in
the form.
10 (2E) The Authority must consider a submission
made under sub-section (2C).".
(2) In section 27(3B) of the Gaming Machine
Control Act 1991, before paragraph (b) insert--
"(ac) if the proposed amendment will result in an
15 increase in the number of gaming machines
permitted in an approved venue, the
Authority is satisfied that the net economic
and social impact of the amendment will not
be detrimental to the well-being of the
20 community of the municipal district in which
the approved venue is located; and".
23. New section 168 inserted
After proposed section 167 of the Gaming
Machine Control Act 1991 insert--
25 "168. Transitional provisions--impact of gaming
on community
(1) Subject to this section, this Act as amended
by Division 4 of Part 3 of the Gambling
Legislation (Responsible Gambling) Act
30 2000 applies to--
(a) an application for approval of premises
that is made to the Authority but not
determined before the commencement
of that Division; and
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(b) an amendment of a condition of a
venue operator's licence that is
proposed but not decided before the
commencement of that Division.
5 (2) If an application for approval of premises is
made to the Authority but not determined
before the commencement of Division 4 of
Part 3 of the Gambling Legislation
(Responsible Gambling) Act 2000, the
10 Authority must within 14 days after that
commencement--
(a) serve a copy of the application on the
relevant responsible authority; and
(b) notify the relevant responsible authority
15 that--
(i) it may, within 28 days after
receiving the copy of the
application, make a submission to
the Authority--
20 (A) addressing the economic and
social impact of the proposal
for approval on the well-
being of the community of
the municipal district in
25 which the premises are
located; and
(B) taking into account the
impact of the proposal on
surrounding municipal
30 districts; and
(ii) such a submission must be made
in or to the effect of the form
approved by the Authority and
must include the information
35 specified in the form.
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(3) If an amendment of the conditions of a venue
operator's licence which will increase the
number of gaming machines permitted in an
approved venue is proposed to the Authority
5 but not determined before the
commencement of Division 4 of Part 3 of the
Gambling Legislation (Responsible
Gambling) Act 2000, the Authority must,
within 14 days after that commencement--
10 (a) serve a copy of the proposed
amendment on the municipal council of
the municipal district in which the
approved venue is located; and
(b) notify the municipal council that--
15 (i) it may, within 28 days after
receiving the copy of the proposed
amendment, make a submission to
the Authority--
(A) addressing the economic and
20 social impact of the proposed
amendment on the well-
being of the community of
the municipal district in
which the approved venue is
25 located; and
(B) taking into account the
impact of the proposed
amendment on surrounding
municipal districts.
30 (ii) such a submission must be made
in or to the effect of the form
approved by the Authority and
must include the information
specified in the form.".
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Division 5--Gambling Research Panel
24. Community Support Fund
(1) In section 138(4) of the Gaming Machine
Control Act 1991, for paragraph (a) substitute--
5 "(a) first, for payment of such amounts as are
determined by the Minister for the
performance by the Gambling Research
Panel of its functions under section 138C;".
(2) In section 138(4)(b)(i) of the Gaming Machine
10 Control Act 1991--
(a) after "programs for" insert "or purposes
relating to"; and
(b) for "compulsive" substitute "excessive"; and
(c) for "are compulsive gamblers" substitute
15 "gamble to problem levels".
(3) In section 138(4)(c) of the Gaming Machine
Control Act 1991, after " Fund" (where secondly
occurring) insert--
"and for payment to members of the Gambling
20 Research Panel of the remuneration specified in
their instruments of appointment under
section 138E".
(4) In section 138 of the Gaming Machine Control
Act 1991, for sub-sections (5), (6) and (7)
25 substitute--
"(5) There shall be paid into the Community
Support Fund all money standing to the
credit of the Research and Development
Fund established by the Authority under
30 section 138(5) immediately before the
commencement of section 24 of the
Gambling Legislation (Responsible
Gambling) Act 2000.".
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25. New Part 9A inserted
After Part 9 of the Gaming Machine Control Act
1991 insert--
"PART 9A--GAMBLING RESEARCH PANEL
5 138A. Establishment
(1) There is established a panel by the name of
the Gambling Research Panel.
(2) The Panel--
(a) is a body corporate with perpetual
10 succession;
(b) has a common seal;
(c) may sue and be sued;
(d) may do and suffer all acts and things
that a body corporate may by law do
15 and suffer.
(3) The common seal of the Panel must be kept
in such custody as the Panel directs and must
not be used except as authorised by the
Panel.
20 (4) All courts must take judicial notice of the
seal of the Panel affixed to a document and,
until the contrary is proved, must presume
that it was duly affixed.
138B. The Crown
25 The Panel is a public authority which
represents the Crown.
138C. Functions and powers
(1) The functions of the Panel are--
(a) to commission and monitor research
30 relating to--
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(i) the social and economic impact of
gambling; and
(ii) the causes of problem gambling
and strategies to minimise harm
5 from gambling; and
(b) to publish the results of the research.
(2) In the performance of its functions, the Panel
may--
(a) enter into contracts; and
10 (b) do all things necessary or convenient to
be done for or in connection with the
performance of its functions.
(3) The Director must provide to the Panel any
assistance required by the Panel to perform
15 its functions under this Part.
138D. Members of the Panel
(1) The Panel shall consist of a chairperson and
2 other members appointed by the Governor
in Council on the recommendation of the
20 Minister.
(2) The Minister must not recommend a person
for appointment as a member of the Panel
unless satisfied that the person has
appropriate knowledge, experience and
25 expertise to act as a member.
(3) A person is not eligible to be appointed as a
member if he or she has been employed by
or significantly associated with the licensee
within the meaning of the Gaming and
30 Betting Act 1994, a casino operator, a venue
operator, a gaming operator or a person
listed on the Roll at any time within the
preceding 4 years.
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(4) A member may be appointed on a full-time
or part-time basis.
(5) The Public Sector Management and
Employment Act 1998 (except in
5 accordance with Part 7 of that Act) does not
apply to a member in respect of the office of
member.
138E. Remuneration
A member of the Panel is entitled to the
10 remuneration that is specified in the
member's instrument of appointment.
138F. Term of office
Subject to this Act, a member holds office
for the period, not exceeding 3 years, that is
15 specified in the member's instrument of
appointment but is eligible for re-
appointment if otherwise qualified.
138G. Acting appointments
(1) The Governor in Council may, on the
20 recommendation of the Minister, appoint a
person, who is qualified to be appointed
chairperson, to act as chairperson during any
period or all periods when the chairperson is
absent from duty or the office is vacant.
25 (2) While so acting, that member has all the
powers and may perform all the functions
and duties conferred by this Act or any other
Act on the chairperson.
(3) The Minister may appoint a person to act as
30 a member during any period or all periods
when a member (other than the chairperson)
is absent from duty.
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(4) While so acting, the person has all the
powers and may perform all the functions
and duties conferred by this Act or any other
Act on the member.
5 (5) An appointment under sub-section (3) is on
the terms and conditions determined by the
Minister.
(6) The Minister may at any time terminate an
appointment under sub-section (3).
10 (7) In the case of an appointment under sub-
section (3), if the member ceases to hold
office without resuming duty, the
appointment of the acting member continues
until--
15 (a) the appointment is terminated by the
Minister; or
(b) the expiry of 12 months after the date
on which the member ceased to hold
office--
20 whichever first occurs.
138H. Vacancies, resignations
(1) A member ceases to be a member if he or
she--
(a) without leave first granted by the Panel,
25 fails to attend 3 consecutive meetings
of which reasonable notice has been
given to the member personally or by
post; or
(b) becomes bankrupt; or
30 (c) is convicted in Victoria of an offence
punishable by imprisonment for
12 months or more or is convicted of an
offence which, if committed in
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Victoria, would be an offence so
punishable.
(2) A member may resign by notice in writing
delivered to the Minister.
5 138I. Disclosure of interests
(1) A member who has a pecuniary interest in a
matter being considered or about to be
considered by the Panel must, as soon as
practicable after the relevant facts have come
10 to his or her knowledge, declare the nature of
the interest at a meeting.
(2) A person presiding at a meeting at which a
declaration is made must cause a record of
the declaration to be made in the minutes of
15 the meeting.
(3) After a declaration is made by a member--
(a) unless the Panel otherwise determines,
the member must not be present during
any deliberation in relation to the
20 matter; and
(b) the member is not entitled to vote on
the matter; and
(c) if the member does vote on the matter,
the vote must be disallowed.
25 138J. Chairperson to preside
The chairperson or, in his or her absence, a
member appointed by the Panel, shall
preside at a meeting of the Panel.
138K. Proceedings of the Panel
30 (1) Two members constitute a quorum of the
Panel.
(2) Subject to this section, a question arising at a
meeting shall be determined by a majority of
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votes of members present and voting on that
question and, if voting is equal, the person
presiding has a casting, as well as a
deliberative vote.
5 (3) Subject to this Act, the Panel may regulate
its own proceedings.
138L. Validity of decisions
An act or decision of the Panel is not invalid
merely because of--
10 (a) a defect or irregularity in, or in
connection with, the appointment of a
member; or
(b) a vacancy in the membership of the
Panel, including a vacancy arising from
15 the failure to appoint an original
member.
138M. Research plan
(1) The Panel must prepare a research plan each
year.
20 (2) The Panel must give a copy of the research
plan to the Minister--
(a) on or before the date in the year
specified by the Minister; or
(b) if no date is specified, at least 2 months
25 before it intends to implement the plan
or any part of it.
(3) The research plan must be in or to the effect
of a form approved by the Minister and must
include--
30 (a) a statement of the activities and
undertakings of the Panel for the next
year; and
(b) a proposed budget; and
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(c) financial statements containing
information requested by the Minister;
and
(d) any other matters that the Minister
5 directs.
(4) The Panel must consider any comments
about the research plan that are made to it by
the Minister within 2 months after the plan
was given to the Minister.
10 (5) The Panel must consult in good faith with
the Minister following communication to it
of the comments, must make any changes to
the research plan that are agreed between the
Minister and the Panel and must deliver the
15 completed plan to the Minister within
3 months after the plan was given to the
Minister under sub-section (2).
(6) The research plan may be modified at any
time by the Panel with the agreement of the
20 Minister.
(7) If the Panel, by written notice to the
Minister, proposes a modification of the
research plan, the Panel may, within 14 days,
make the modification unless the Minister,
25 by written notice to the Panel, directs the
Panel not to make it.
138N. Financial Management Act
The Panel is a public body for the purposes
of the Financial Management Act 1994.".
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s. 26
Act No.
Division 6--Miscellaneous
26. Delegation
(1) In section 107A(1) of the Gaming Machine
Control Act 1991, for "3 and 8" substitute "3, 8
5 and 12AA".
(2) In section 107A(1A) of the Gaming Machine
Control Act 1991, after "25A," insert "27(4) in
respect of amendments referred to in sub-sections
(1)(d) and (1A) of section 27 and in respect of
10 amendments proposed under section 27(2AB),".
(3) In section 107A of the Gaming Machine Control
Act 1991, after sub-section (2) insert--
"(2A) Despite sub-section (1), the Authority may,
by instrument under its official seal, delegate
15 to one or more members of the Authority any
power or function of the Authority under
section 27(2AB).".
27. Objects of the Authority
In section 109 of the Gaming Machine Control
20 Act 1991, for paragraphs (e) and (f) substitute--
"(e) to advise the Minister on community
concerns about the economic and social
impact of gaming on the well-being of the
community;
25 (f) to foster responsible gambling in order to--
(i) minimise harm caused by problem
gambling; and
(ii) accommodate those who gamble
without harming themselves or others.".
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28. Supreme Court--limitation of jurisdiction
At the end of section 158 of the Gaming Machine
Control Act 1991 insert--
"(2) It is the intention of section 12AB to alter or
5 vary section 85 of the Constitution Act
1975.".
29. Section 68 inserted
In Part 4 of the Gaming Machine Control Act
1991, before section 69 insert--
10 '68. Contracts to be approved by Authority
(1) In this section--
"contract" includes any kind of agreement
or arrangement;
"relevant contract" means a contract
15 between a venue operator and a gaming
operator.
(2) A relevant contract must--
(a) be in accordance with a form approved
by the Authority; or
20 (b) be approved by the Authority in a
particular case.
(3) The Authority must not approve a relevant
contract if in the opinion of the Authority the
contract--
25 (a) is harsh and unconscionable; or
(b) is not in the public interest; or
(c) jeopardises the integrity and conduct of
gaming; or
(d) does not promote the purpose of this
30 Act; or
(e) is in breach of this Act.'.
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30. Regulation-making power
In section 159(1) of the Gaming Machine
Control Act 1991, after paragraph (u) insert--
"(ua) advertising relating to gaming;
5 (ub) the provision to players of gaming machines
of information relevant to gaming on gaming
machines;".
31. Statute law revision
(1) In section 12A(1) of the Gaming Machine
10 Control Act 1991--
(a) at the end of paragraph (d) omit "or";
(b) paragraph (e) is repealed.
(2) In section 26A(3) of the Gaming Machine
Control Act 1991, for "19(4), 19(5), 20(2),
15 21(1)(c), 21(2)(f) and 21(2)(g)" substitute "19(5)
and 20(2)".
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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