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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gaming No. 2 (Community Benefit) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Principal Act 3
PART 2--MINOR GAMING 4
4. Definitions 4
5. Offence in relation to pooling schemes 4
6. Agreements to conduct bingo 5
7. Pooling schemes 5
26A. Membership of pooling scheme 5
26B. When can a pooling scheme operate? 5
26C. Pooling scheme rules 6
26D. Authority may specify matters for rules 6
26E. Disallowance of rules 7
26F. Scheme administrator 7
26G. Amendment of rules 8
26H. Application to political parties 9
8. Community and charitable organisations may conduct trade
promotion lotteries 10
9. Returns to the Authority 10
10. Banking 10
11. Lucky envelopes 10
12. Expenses of bingo 11
PART 3--FUNCTIONS OF DIRECTOR AND APPEALS
PROVISIONS 13
13. Declaration of community or charitable organisation 13
14. Amendments to Part 3 13
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Clause Page
15. New Division 1 and Division 2 heading inserted 14
Division 1--Community or Charitable Organisations 14
12A. Application to be declared as a community or charitable
organisation 14
12B. Director may make declaration 14
12C. Provision of further information 15
12D. Can the applicant appeal? 15
12E. Authority to determine appeal 16
12F. Can a declaration be revoked? 16
12G. Authority may decide to revoke declaration 16
12H. Organisation may make submissions 17
12I. Revocation of declaration 17
12J. Appeal to Supreme Court 18
Division 2--Permits 19
16. Amendments consequential on new Division 1 of Part 3 19
17. Section 87 (review by VCAT): amendment consequential on new
Division 1 of Part 3 19
18. Deeming of previous declarations 20
19. Extension of certain appeal periods 20
20. Transitional provisions--appeal periods 20
124. Transitional provisions--appeal periods 20
PART 4--RESPONSIBLE GAMBLING 22
21. Use of certain amusement machines prohibited 22
22. Amendment of delegation powers and secrecy provisions 22
23. Power to enter memorandum of understanding 23
104A. Memorandum of understanding 23
PART 5--LICENSED PERSONS 26
24. New offence for trade promotion lotteries 26
25. Operator may carry out certain employee duties 26
52A. Operator may carry out certain employee duties 26
26. Employee's licence period extended 27
27. Increase in penalty and extension of offence to associates 27
28. Cancellation of licences 28
29. Suspension of licences 28
PART 6--ASSOCIATES 30
30. Definitions of "associate" and "nominee" 30
31. Updating of information 30
32. Monitoring of associates 31
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Clause Page
33. Offence to give false or misleading information 33
ENDNOTES 34
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PARLIAMENT OF VICTORIA
Initiated in Assembly 25 October 2000
As amended in Assembly 16 November 2000
A BILL
to amend the Gaming No. 2 Act 1997 to make further provision for
activities regulated by the Act and the administration of the Act and
for other purposes.
Gaming No. 2 (Community Benefit) Act
2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the
Gaming No. 2 Act 1997--
5 (a) to provide for pooling of funds in bingo
centres;
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(b) to make further provision in relation to
community and charitable organisations by
providing for--
(i) a more transparent application process
5 in relation to declaration of those
organisations;
(ii) the conduct of trade promotion lotteries
as an adjunct to the community or
charitable purposes of those
10 organisations;
(iii) the regulation of expenses charged to
those organisations in conducting bingo
and selling lucky envelopes;
(c) to prohibit cash prizes on amusement
15 machines in amusement, tourist and
recreational centres;
(d) to make further provision in the Gaming
No. 2 Act 1997 for activities regulated by
the Act and administration of that Act.
20 2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 31 December 2002, it comes into
25 operation on that day.
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3. Principal Act
See: In this Act, the Gaming No. 2 Act 1997 is called
Act No.
the Principal Act.
16/1997.
Reprint No. 1
as at
1 June 1999
and
amending
Act No.
41/1999.
LawToday:
www.dms.
dpc.vic.
gov.au
_______________
5
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PART 2--MINOR GAMING
4. Definitions
In section 3 of the Principal Act, insert the
following definitions--
5 ' "gross proceeds", in relation to a bingo game or
session of bingo games, means the gross
receipts less the prizes paid for that game or
session;
"pooling scheme" means an arrangement,
10 whether or not in writing and whether or not
enforceable at law, under which a person
derives a direct or indirect benefit from the
gross proceeds of the conduct of a session of
bingo games and that person is not the holder
15 of the minor gaming permit for that session;'.
5. Offence in relation to pooling schemes
At the end of section 21 of the Principal Act
insert--
"(2) A person must not administer or assist in the
20 administration of a pooling scheme
otherwise than in accordance with--
(a) this Act; and
(b) the regulations; and
(c) the rules of the pooling scheme.
25 Penalty: 20 penalty units for a first offence;
50 penalty units for a second or
subsequent offence.".
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6. Agreements to conduct bingo
In section 26(2) of the Principal Act, for
paragraph (e) substitute--
"(e) the maximum fee, determined in accordance
5 with the regulations and not exceeding 2% of
the gross receipts, to be paid to the operator
for each session of bingo.".
7. Pooling schemes
After section 26 of the Principal Act insert--
10 '26A. Membership of pooling scheme
The members of a pooling scheme are--
(a) the community or charitable
organisations conducting or proposing
to conduct bingo in a particular place or
15 places; and
(b) if the particular place or places referred
to in paragraph (a) are bingo centres,
the holders of the operator's licences in
respect of those centres.
20 26B. When can a pooling scheme operate?
(1) A pooling scheme may only operate if--
(a) all the community or charitable
organisations conducting bingo games
at the particular place or places to
25 which the scheme applies are members
of the scheme; and
(b) the Authority has been given a copy of
the rules of the scheme before the
scheme comes into operation.
30 (2) A pooling scheme operates for 3 years or, if
a shorter period is set out in the rules of the
scheme, that shorter period.
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26C. Pooling scheme rules
(1) A pooling scheme is governed by the rules of
the scheme adopted by the members of the
scheme.
5 (2) The rules--
(a) must not be inconsistent with this Act,
the regulations or the conditions of the
relevant permits; and
(b) must deal with the matters specified
10 from time to time by the Authority in a
notice published under section 26D.
(3) The rules of a pooling scheme take effect--
(a) 28 days after a copy of the rules or the
amendment has been given to the
15 Authority; or
(b) if the Authority agrees, from an earlier
date specified by the Authority.
26D. Authority may specify matters for rules
The Authority, from time to time, by notice
20 published in the Government Gazette, may
specify the matters to be included in rules of
pooling schemes including, but not limited
to--
(a) the money which must, or which must
25 not, be paid into the pool;
(b) the payment of expenses of the scheme
administrator;
(c) settlements;
(d) the formula or other means by which
30 payments to pool members are to be
determined;
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(e) the circumstances under which an
agreement under section 26 may be
required for members of the scheme.
26E. Disallowance of rules
5 (1) The Authority, at any time, may disallow the
rules of a pooling scheme or any amendment
of those rules, by giving written notice to the
members of the scheme, if the Authority
considers that the rules or the amendment--
10 (a) are not sufficiently clear or certain; or
(b) do not provide for equitable treatment
of the members; or
(c) are inconsistent with this Act, the
regulations or the conditions of the
15 relevant permits.
(2) The disallowance of the rules or an
amendment to the rules takes effect on the
day specified in the notice of disallowance.
26F. Scheme administrator
20 (1) A pooling scheme must have a scheme
administrator.
(2) The scheme administrator is--
(a) if the holder of an operator's licence is a
member of the scheme, that person; or
25 (b) in any other case, a person appointed in
accordance with the rules of the
scheme.
(3) The scheme administrator must--
(a) establish and maintain a financial
30 institution account in accordance with
section 89 for all money forming part
of the pool or incidentally involved in
the pooling scheme; and
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(b) ensure compliance with the rules of the
scheme by the members of the scheme.
26G. Amendment of rules
(1) The rules of the pooling scheme may be
5 amended in accordance with this section.
(2) Subject to sub-section (3), an amendment to
the rules does not take effect until--
(a) it is approved by at least two-thirds of
the community or charitable
10 organisations which are members of the
scheme in a vote on that amendment;
and
(b) the Authority has been given notice of
the amendment and a copy of the
15 amendment before the amendment
comes into effect.
(3) An amendment to the rules of a pooling
scheme takes effect--
(a) 28 days after a copy of the amendment
20 has been given to the Authority; or
(b) if the Authority agrees, from an earlier
date specified by the Authority.
(4) A member may not be removed from a
pooling scheme without the member's
25 consent unless an amendment is made to the
rules of the scheme removing that member.
(5) An amendment to the rules which has the
effect of reducing the amount payable to the
scheme administrator in respect of the
30 expenses of conducting a bingo session is
only effective if the scheme administrator
consents to that amendment.
(6) An amendment to the rules may operate to
terminate the pooling scheme at any time.
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(7) Despite any amendment to the rules being in
the direct or indirect interest of the member
or a related member of that member, a
member may vote on that amendment if that
5 interest is declared at the time of voting.
(8) A declaration under sub-section (7) must be
included in the notice of the amendment to
the Authority under sub-section (2)(b).
(9) A vote on an amendment to the rules is not
10 invalid merely because a member of the
pooling scheme failed to declare an interest
under sub-section (7).
(10) In this section, an organisation which is a
member of the pooling scheme is a related
15 member of another organisation which is a
member of the pooling scheme if--
(a) there is significant commonality of
membership of those organisations; or
(b) there is significant commonality of
20 membership of the controlling body or
committees of those organisations; or
(c) the controlling offices of each of those
organisations are held by the same
person or persons.
25 26H. Application to political parties
(1) Nothing in sections 26A to 26G applies to an
organisation declared under Division 1 of
Part 3 to be a community or charitable
organisation which is conducted for the
30 purposes of a political party.
(2) In sections 26A, 26B and 26G, a reference to
"community or charitable organisation" does
not include a reference to an organisation
declared under Division 1 of Part 3 to be a
35 community or charitable organisation which
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is conducted for the purposes of a political
party.'.
8. Community and charitable organisations may conduct
trade promotion lotteries
5 (1) In section 3 of the Principal Act, insert the
following definition--
' "trade or business", in relation to a community
or charitable organisation, includes the
conduct of a trade or business of promoting a
10 community or charitable purpose of the
organisation;'.
(2) In section 29(1)(b)(ii) of the Principal Act, after
"lottery" insert "or promotes a community or
charitable purpose".
15 9. Returns to the Authority
In section 47 of the Principal Act, for "12 monthly
intervals" substitute "such periods as are
prescribed and within the time limits (if any)
prescribed".
20 10. Banking
(1) In section 89(1) of the Principal Act, after
paragraph (a) insert--
"(ab) administers a pooling scheme as a scheme
administrator; or".
25 (2) In section 89(1) of the Principal Act--
(a) after "such a permit" insert ", administered a
pooling scheme";
(b) in paragraph (c), after "that person" insert
"or any pooling scheme administered by that
30 person as a scheme administrator".
11. Lucky envelopes
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In section 105(1) of the Principal Act, after
paragraph (e) insert--
"(ea) prescribing the amount to be paid for
expenses in relation to the sale of lucky
5 envelopes, including but not limited to site
fees or maximum amounts;".
12. Expenses of bingo
(1) In section 105(1) of the Principal Act, for
paragraph (g) substitute--
10 "(g) prescribing the amount a holder of a minor
gaming permit may incur as expenses of
bingo, whether prescribed by all or any of
the following--
(i) a percentage of gross receipts;
15 (ii) a percentage of gross proceeds;
(iii) a fixed amount per session of bingo
games;
(iv) a fixed amount per week;
(ga) prohibiting or regulating the holder of a
20 minor gaming permit from incurring
specified types of expenses in specified
circumstances;".
(2) In section 105(1) of the Principal Act, before
paragraph (h) insert--
25 "(gb) requiring periodic returns to be made to the
Director by the holder of a minor gaming
permit or a person who was the holder of
such a permit at any time in the preceding
12 months, in the form approved by the
30 Director, including--
(i) prescribing the information, manner,
frequency, return dates and length of
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period to which the return relates to be
included in those returns;
(ii) requiring the verification of information
in the returns by specified persons by
5 means of signed certificate or other
authentication;".
(3) After section 105(2)(b) of the Principal Act
insert--
"(ba) may fix amounts by reference to minimum or
10 maximum amounts; and".
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PART 3--FUNCTIONS OF DIRECTOR AND APPEALS
PROVISIONS
13. Declaration of community or charitable organisation
(1) In section 3 of the Principal Act--
5 (a) in the definition of "community or charitable
organisation" for "section 4" substitute
"Division 1 of Part 3";
(b) for the definition of "political party"
substitute--
10 ' "political party" means a political party
registered under--
(a) The Constitution Act
Amendment Act 1958; or
(b) the Commonwealth Electoral Act
15 1918 of the Commonwealth; or
(c) a law of another State or Territory
of the Commonwealth
corresponding to a law referred to
in paragraphs (a) and (b);'.
20 (2) Section 4 of the Principal Act is repealed.
14. Amendments to Part 3
(1) In the heading to Part 3 of the Principal Act, omit
"PERMIT".
(2) Before section 18 of the Principal Act insert--
25 "Division 3--General".
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15. New Division 1 and Division 2 heading inserted
Before section 13 of the Principal Act insert--
'Division 1--Community or Charitable
Organisations
5 12A. Application to be declared as a community
or charitable organisation
(1) A person or club may apply to the Director
to be declared a community or charitable
organisation.
10 (2) An application under sub-section (1) must--
(a) be in or to the like effect of the form
approved by the Director; and
(b) be accompanied by the prescribed fee
(if any).
15 12B. Director may make declaration
(1) For the purposes of this Act, the Director, by
instrument, may declare an organisation to
be a community or charitable organisation if
the Director is satisfied that the organisation
20 is conducted in good faith for--
(a) a purpose referred to in paragraph (a) of
the definition of "community purpose";
or
(b) the purposes of any sporting or
25 recreational club or association of a
prescribed kind; or
(c) the purposes of a political party.
(2) In determining whether to make a
declaration under sub-section (1), the
30 Director may have regard to any matter
which he or she considers relevant, including
but not limited to--
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(a) the conduct of fundraising or minor
gaming activities by the applicant;
(b) the conduct of any person directly or
indirectly associated with the applicant.
5 (3) The Director--
(a) must either--
(i) declare the applicant to be a
community or charitable
organisation for the purposes of
10 this Act; or
(ii) refuse the application; and
(b) must notify the applicant in writing
accordingly.
(4) If the Director refuses an application, the
15 Director may include reasons for that refusal
in the written notification under sub-section
(3).
12C. Provision of further information
(1) If the Director so requests in writing, an
20 applicant must provide to the Director any
information or documents specified by the
Director, including written authority to a
financial institution, to enable the Director to
determine whether to make a declaration
25 under this Division.
(2) The Director may refuse to decide an
application for a declaration until the
information required under sub-section (1)
has been provided.
30 12D. Can the applicant appeal?
(1) If the Director refuses an application for a
declaration under this Division, the applicant
may appeal against the decision to the
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Authority within 28 days of notification of
the refusal under section 12B.
(2) An appeal must--
(a) be in writing; and
5 (b) specify the grounds on which it is
made.
12E. Authority to determine appeal
(1) After consideration of an appeal made under
section 12D, the Authority may--
10 (a) confirm the Director's decision; or
(b) order the Director to make a declaration
under this Division.
(2) The decision of the Authority under this
section--
15 (a) must be notified in writing to the
Director and the applicant; and
(b) may include the reasons for its
decision.
12F. Can a declaration be revoked?
20 A declaration under this Division--
(a) may only be revoked in accordance
with this Division; and
(b) may be renounced by the community or
charitable organisation to which it
25 applies by notice in writing given to the
Director.
12G. Authority may decide to revoke declaration
(1) If the Authority considers that there is a
ground for revoking the declaration made
30 under this Division in respect of a
community or charitable organisation, the
Authority may give that organisation written
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notice offering the organisation an
opportunity to show cause, within a specified
period, being not less than 28 days, as to
why the declaration should not be revoked
5 on the ground specified in the notice.
(2) The Authority may give notice to revoke a
declaration under this Division on any of the
following grounds--
(a) that it is not in the public interest for
10 that organisation to continue to be
declared for the purposes of the Act;
(b) if the organisation is an unincorporated
club, that the club is substantially and
materially different from the club in
15 respect of which the declaration was
made;
(c) any other ground which the Authority
thinks fit.
(3) The Authority may give notice under sub-
20 section (1) of its own motion or on the
recommendation of the Director.
12H. Organisation may make submissions
A community or charitable organisation
which receives a notice under section 12G
25 may arrange with the Authority for the
making of submissions to the Authority as to
why the declaration made under this
Division in respect of that organisation
should not be revoked and the Authority
30 must consider any submission so made.
12I. Revocation of declaration
(1) The Authority may revoke a declaration
made under this Division in respect of a
community or charitable organisation if--
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(a) after considering any submission made
by the organisation, the Authority
determines that the grounds for the
revocation still exist; or
5 (b) the organisation does not respond to the
notice given under section 12G within
the time specified in the notice.
(2) The Authority must--
(a) give written notice to the organisation
10 that the declaration under this Division
in respect of that organisation is
revoked; and
(b) specify in the notice that the revocation
takes effect from the date of the notice
15 or on a later date specified in that
notice.
12J. Appeal to Supreme Court
(1) A person or organisation which receives--
(a) written notice of the decision of the
20 Authority under section 12E; or
(b) written notice under section 12I of the
revocation of a declaration under this
Division--
may appeal to the Supreme Court against
25 that decision or revocation.
(2) An appeal under this section must be made
within 21 days after receipt of the
notification of the decision or revocation by
the appellant.
30 (3) The Supreme Court, on an appeal under this
section, if satisfied that proper grounds for
making the decision or revocation did not
exist--
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(a) may quash or vary the decision or
revocation, either conditionally or
unconditionally and with effect from
the date of the decision or revocation or
5 some other date; and
(b) may make any other order, including
consequential or ancillary orders.
(4) Except as provided in this section, a decision
of the Authority under this Division or a
10 revocation of a declaration by the Authority
under this Division may not be challenged or
called into question.
Division 2--Permits'.
16. Amendments consequential on new Division 1 of
15 Part 3
(1) In section 14(1)(b) of the Principal Act, for
"section 4" substitute "Division 1 of this Part".
(2) In section 103(1A) of the Principal Act, omit "4,".
17. Section 87 (review by VCAT): amendment
20 consequential on new Division 1 of Part 3
In section 87 of the Principal Act, after sub-
section (2) insert--
"(3) This section does not apply to--
(a) a decision of the Authority under
25 Division 1 of Part 3; or
(b) the revocation of a declaration under
Division 1 of Part 3.".
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18. Deeming of previous declarations
In section 122 of the Principal Act, after sub-
section (1) insert--
"(1A) A declaration made by the Authority under
5 section 4 and in force immediately before the
repeal of that section by the Gaming No. 2
(Community Benefit) Act 2000 is deemed
to be a declaration made by the Director
under Division 1 of Part 3.".
10 19. Extension of certain appeal periods
In the Principal Act--
(a) in section 34(5), for "14 days" (where
secondly occurring) substitute "28 days";
(b) in section 57(6), for "14 days" substitute
15 "28 days";
(c) in section 86(1), for "14 days" substitute
"28 days".
20. Transitional provisions--appeal periods
After section 123 of the Principal Act insert--
20 "124. Transitional provisions--appeal periods
(1) If, immediately before the amendment of
section 34 by the Gaming No. 2
(Community Benefit) Act 2000, any person
was entitled to object to an application under
25 section 34, that person may object to an
application under section 34 in accordance
with that section as amended by that Act.
(2) If, immediately before the amendment of
section 57 or 86 by the Gaming No. 2
30 (Community Benefit) Act 2000, any person
was entitled to appeal against a decision of
the Director under section 57 or 86, that
person may appeal against that decision
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under section 57 or 86 (as appropriate) in
accordance with the relevant section as
amended by that Act.".
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PART 4--RESPONSIBLE GAMBLING
21. Use of certain amusement machines prohibited
(1) In section 3 of the Principal Act, insert the
following definition--
5 ' "amusement machine" means--
(a) any machine, device, contrivance or
electronic apparatus operated for
pecuniary consideration for the purpose
of playing games which involve the
10 activation or manipulation of the
machine, device, contrivance or
electronic apparatus to achieve a pre-
set, programmed, designated or
otherwise defined score, object or
15 result; and
(b) any machine, device, contrivance or
electronic apparatus prescribed as an
amusement machine;'.
(2) In section 7(2) of the Principal Act, after
20 paragraph (b) insert--
"(ba) allot any prize of money or any prize of
which money forms a part or which is
redeemable for money by means of an
amusement machine in an amusement centre,
25 tourist centre or recreational centre; or".
22. Amendment of delegation powers and secrecy
provisions
(1) In section 103(1A) of the Principal Act, for "or
67" substitute ", 67 or 104A".
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(2) In section 104 of the Principal Act--
(a) in sub-section (1) for "person in the
performance of those duties or exercise of
those powers" substitute--
5 "person--
(a) in the performance of those duties or
exercise of those powers; or
(b) from an enforcement agency in
accordance with a memorandum of
10 understanding under section 104A.";
(b) after sub-section (3)(b) insert--
"(ba) divulge information to an enforcement
agency in accordance with a
memorandum of understanding under
15 section 104A; or".
23. Power to enter memorandum of understanding
After section 104 of the Principal Act insert--
'104A. Memorandum of understanding
(1) The Authority and an enforcement agency
20 may enter a memorandum of understanding
that provides for--
(a) the divulgence to the enforcement
agency of information with respect to
the affairs of a person acquired by the
25 Authority in the performance of duties
or the exercise of powers under this
Act; and
(b) the divulgence to the Authority of
information with respect to the affairs
30 of a person acquired by the
enforcement agency.
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(2) A memorandum of understanding must--
(a) specify the kind of information to be
divulged and the purposes for which it
may be used; and
5 (b) contain an undertaking that each party
to the memorandum--
(i) will use information divulged to it
only for the purposes specified in
the memorandum; and
10 (ii) consents to the taking of
injunctive action to restrain the
unauthorised use of the
information; and
(c) contain a provision that applies the law
15 of Victoria to the divulgence of
information to the enforcement agency
under the memorandum and an
acknowledgment that the parties submit
to the non-exclusive jurisdiction of the
20 courts of Victoria.
(3) The Authority may enter a memorandum of
understanding with an enforcement agency
only if the Authority is satisfied that the
enforcement agency is capable of entering,
25 and is authorised to enter, the memorandum
of understanding as a legally binding
agreement.
(4) In this section and section 104--
"enforcement agency" means a person or
30 body in Victoria or another jurisdiction
(whether in or outside Australia)--
(a) that is responsible for or engages
in--
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(i) the administration of a law
with respect to gaming or
gambling; or
(ii) law enforcement generally;
5 or
(b) that is approved by the Minister
under sub-section (5).
(5) For the purposes of sub-section (4), the
Minister may, by written notice given to the
10 Authority, approve a person or body that is
responsible for or engages in the
administration of a licensing or other
regulatory scheme that requires licensees or
other persons regulated to be suitable or fit
15 and proper persons.'.
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PART 5--LICENSED PERSONS
24. New offence for trade promotion lotteries
(1) In section 31 of the Principal Act, at the end of
that section insert--
5 "(2) A person who is the employer of a person
who, in the course of his or her employment,
is the holder of permit under this Part must
ensure that the lottery for the promotion of a
trade or business to which that permit relates
10 is conducted in accordance with this Act, the
regulations and the conditions (if any) of that
permit.
Penalty: 50 penalty units for a first offence.
100 penalty units for a second or
15 subsequent offence.".
(2) In section 122 of the Principal Act, after sub-
section (5) insert--
"(5A) Section 31(2) applies only in respect of a
permit issued under Part 4 on or after the
20 commencement of section 24 of the Gaming
No. 2 (Community Benefit) Act 2000.".
25. Operator may carry out certain employee duties
After section 52 of the Principal Act insert--
"52A. Operator may carry out certain employee
25 duties
Despite section 52, a person who--
(a) is the holder of an operator's licence
and is a natural person; or
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(b) is the nominee of the holder of an
operator's licence--
may carry out the prescribed duties in a
bingo centre of the holder of an employee's
5 licence if the person referred to in paragraph
(a) or (b) at all times while on duty wears
identification of a kind approved by the
Director for the purposes of this section in
such a manner as to be visible to other
10 persons.".
26. Employee's licence period extended
(1) In section 62 of the Principal Act, for "3 years"
substitute "10 years".
(2) At the end of section 123 of the Principal Act
15 insert--
"(2) An employee's licence in force immediately
before the amendment of section 62 by the
Gaming No. 2 (Community Benefit) Act
2000, continues for a period of 3 years after
20 the end of the month in which it was issued,
unless sooner cancelled or suspended, as if
section 62 had not been so amended.".
27. Increase in penalty and extension of offence to
associates
25 (1) In section 91 of the Principal Act, for "20 penalty
units" substitute "50 penalty units".
(2) In section 91 of the Principal Act, after "permit
under this Act" insert "or the associate of any
holder of an operator's licence".
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28. Cancellation of licences
(1) In section 92 of the Principal Act, after sub-
section (5) insert--
"(5A) If the Authority decides to cancel a bingo
5 employee's licence, the Authority may also
disqualify the person whose licence is
cancelled from obtaining a licence or permit
under this Act, the Gaming Machine
Control Act 1991, the Gaming and Betting
10 Act 1994 or the Casino Control Act 1991
for a period specified by the Authority in the
notice given under sub-section (5) not
exceeding 4 years.".
(2) In section 122 of the Principal Act, after sub-
15 section (12) insert--
"(13) The Authority may exercise the powers in
section 92(5A) in the course of considering a
decision to take action under section 92
against a person who is the holder of a bingo
20 employee's licence even though the
consideration had begun before the
commencement of section 28 of the Gaming
No. 2 (Community Benefit) Act 2000 if the
decision to take action had not been made
25 before the commencement of section 28.".
29. Suspension of licences
(1) In section 92(9) of the Principal Act--
(a) for "Part 4," substitute "Part 4 and";
(b) omit "and the Director may suspend a bingo
30 employee's licence".
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(2) In section 92 of the Principal Act, after sub-
section (9) insert--
"(10) The Director may suspend a bingo
employee's licence by notice in writing given
5 to the holder of the licence if the Director is
satisfied that the holder has been charged
with, convicted or found guilty of--
(a) an offence against this Act or the
regulations, the Casino Control Act
10 1991, the Gaming Machine Control
Act 1991, the Club Keno Act 1993,
the Gaming and Betting Act 1994 or
the Lotteries Gaming and Betting Act
1966 or an offence against regulations
15 made under any of those Acts; or
(b) an offence arising out of or in
connection with the employment of the
holder under any of those Acts.
(11) The Authority, at any time, may terminate or
20 reduce a period of suspension of a bingo
employee's licence imposed by the Director
under sub-section (10).".
_______________
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PART 6--ASSOCIATES
30. Definitions of "associate" and "nominee"
In section 3 of the Principal Act insert the
following definitions--
5 ' "associate", in relation to an operator, means--
(a) any person, body or association having
a business association with the
operator; or
(b) any director, partner, trustee, executive
10 officer, secretary or any other officer or
person determined by the Authority to
be associated or connected with the
ownership, administration or
management of the operations or
15 business of the operator under this Act
or the Gaming Machine Control Act
1991;
"nominee" means--
(a) in relation to a minor gaming permit,
20 the natural person nominated by a
community or charitable organisation
and approved by the Director in
accordance with section 16;
(b) in relation to a permit under Part 4, the
25 natural person nominated by a body
corporate and approved by the Director
in accordance with section 28A;
(c) in relation to an operator's licence, the
natural person nominated by a body
30 corporate and approved by the
Authority in accordance with section
39A; '.
31. Updating of information
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(1) In section 39 of the Principal Act, after sub-
section (1) insert--
"(1A) If--
(a) the Authority requires information
5 (including information in any records)
from a person referred to in section
38(1) whose association with the
applicant for an operator's licence is, in
the opinion of the Authority, relevant to
10 the application; and
(b) a change occurs in that information
before the application is granted or
refused--
that person must without delay give the
15 Authority written particulars of the change.
Penalty: 50 penalty units.".
(2) In section 39(2) of the Principal Act, after "sub-
section (1)" insert "or sub-section (1A)".
32. Monitoring of associates
20 (1) In section 48 of the Principal Act, sub-section (1)
is repealed.
(2) In section 48 of the Principal Act, for sub-section
(2) substitute--
"(2) The Authority may from time to time
25 investigate an associate of an operator or a
person likely to become an associate of an
operator.".
(3) In section 48 of the Principal Act, for sub-section
(4) substitute--
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"(4) If the Authority determines that an associate
of an operator has engaged or is engaging in
conduct that, in the Authority's opinion, is
unacceptable for a person who is concerned
5 in or associated with the ownership,
administration or management of the
operations or business of the operator, the
Authority may do either or both of the
following--
10 (a) issue a written warning to the associate
that the conduct is unacceptable and
require the associate to cease that
conduct;
(b) give written notice to the associate
15 requiring the associate to give a written
undertaking to the Authority, within the
period specified in the notice, regarding
the future conduct of the associate.
(4A) If the associate fails to give an undertaking
20 required under sub-section (4)(b) or breaches
an undertaking given under sub-section
(4)(b), the Authority may give the associate
written notice requiring the associate to
terminate, within 14 days or a longer period
25 agreed with the Authority, the association
with the operator.
(4B) If, after considering the matters referred to in
sub-section (5), the Authority determines
that an associate of an operator is unsuitable
30 to be concerned in or associated with the
ownership, administration or management of
the operations or business of the operator,
the Authority may give the associate written
notice requiring the associate to terminate,
35 within 14 days or a longer period agreed
with the Authority, the association with the
operator.".
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(4) In section 48(6) of the Principal Act, for "sub-
section (4)" substitute "sub-section (4B)".
33. Offence to give false or misleading information
In section 93(1) of the Principal Act, after
5 paragraph (a) insert--
"(aa) if that person is an associate or a nominee--
(i) in the course of the Authority's
consideration of the person's suitability
to be an associate or nominee; or
10 (ii) during the period of that associate's
association or that nominee's
nomination; or".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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