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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gambling Regulation (Miscellaneous Amendments)
Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--GAMBLING REGULATION ACT 2003 3
3. Amendment of conditions of venue operator's licences 3
4. Payment of winnings by cheque 3
5. Permits to conduct trade promotion lotteries 4
6. New sections 8.3.11A and 8.3.11B inserted 4
8.3.11A Investigation of community or charitable
organisations 4
8.3.11B Provision of information 5
7. Supply of bingo equipment 7
8. New section 8.5.11 substituted 7
8.5.11 Licence renewal 7
9. Disciplinary action against bingo centre operator 8
10. Community and charitable gaming--change in situation of
persons and associates 8
11. New section 9A.1.22 inserted 9
9A.1.22 Change in situation of licensees 9
12. Updating applications for listing on the roll 9
13. Service of documents 10
PART 3--GAMBLING REGULATION (FURTHER
AMENDMENT) ACT 2004 11
14. New section 8.5A.12 substituted 11
8.5A.12 Licence renewal 11
15. New section 31 substituted 12
31. Change in situation of licensee or associate 12
16. Consequential repeal 12
i
551355B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Clause Page
PART 4--CASINO CONTROL ACT 1991 13
17. Approval of games and rules for games 13
18. Approved system of controls and procedures 14
ENDNOTES 15
ii
551355B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Gambling Regulation Act 2003, the Gambling
Regulation (Further Amendment) Act 2004 and the Casino
Control Act 1991 to enhance the regulatory role of the Victorian
Commission for Gambling Regulation and for other purposes.
Gambling Regulation (Miscellaneous
Amendments) Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to amend the
Gambling Regulation Act 2003, the Gambling
Regulation (Further Amendment) Act 2004 and
5
the Casino Control Act 1991 to enhance the
1
551355B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Gambling Regulation (Miscellaneous Amendments) Act 2005
Act No.
Part 1--Preliminary
s. 2
regulatory role of the Victorian Commission for
Gambling Regulation.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
5
__________________
2
551355B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Gambling Regulation (Miscellaneous Amendments) Act 2005
Act No.
Part 2--Gambling Regulation Act 2003
s. 3
See:
PART 2--GAMBLING REGULATION ACT 2003
Act No.
114/2003.
3. Amendment of conditions of venue operator's Reprint No. 1
as at
licences 21 July 2005
and
(1) For section 3.4.20(3) of the Gambling amending
Regulation Act 2003 substitute--
5 Act Nos
16/2004,
"(3) An amendment may be made subject to any 104/2004,
18/2005,
conditions that the Commission thinks fit. 22/2005 and
45/2005.
(3A) Despite sub-section (1)(a) and (b), the LawToday:
www.dms.
Commission may make an amendment dpc.vic.
before being satisfied of the matters referred
10 gov.au
to in those paragraphs on condition that the
amendment does not take effect until the
Commission is satisfied as required by those
paragraphs.
(3B) If the Commission makes an amendment
15
referred to in section 3.4.17(1)(d) or (2), the
Commission must cause notice of the
amendment to be published in the
Government Gazette.".
(2) In section 3.4.20(4) of the Gambling Regulation
20
Act 2003, for "on any later date" substitute
"at any later time".
4. Payment of winnings by cheque
In section 3.5.33(1) and (2) of the Gambling
Regulation Act 2003, after "cheque" insert
25
"that is not payable to cash".
3
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Gambling Regulation (Miscellaneous Amendments) Act 2005
Act No.
Part 2--Gambling Regulation Act 2003
s. 5
5. Permits to conduct trade promotion lotteries
(1) After section 5.7.4(2) of the Gambling
Regulation Act 2003 insert--
"(2A) Without limiting the grounds on which the
Commission may refuse an application for a
5
permit to conduct a trade promotion lottery,
the Commission must refuse the application
if, in the Commission's opinion, the proposed
trade promotion lottery is offensive or
contrary to the public interest.".
10
(2) In section 5.7.20 of the Gambling Regulation
Act 2003 omit "(other than section 5.7.10)".
(3) At the end of section 5.7.20 of the Gambling
Regulation Act 2003 insert--
"(2) Sub-section (1) does not apply to--
15
(a) the function under section 5.7.4(2A) of
refusing an application for a permit to
conduct a trade promotion lottery that is
offensive or contrary to the public
interest; or
20
(b) a function under section 5.7.10.".
6. New sections 8.3.11A and 8.3.11B inserted
After section 8.3.11 of the Gambling Regulation
Act 2003 insert--
"8.3.11A Investigation of community or charitable
25
organisations
(1) The Commission may conduct an
investigation at any time to determine
whether or not the declaration of an
organisation as a community or charitable
30
organisation should be revoked.
4
551355B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Gambling Regulation (Miscellaneous Amendments) Act 2005
Act No.
Part 2--Gambling Regulation Act 2003
s. 6
(2) The investigation may include (but is not
limited to) an investigation of all or any of
the following--
(a) a community or charitable organisation;
(b) a person who, in the opinion of the
5
Commission, could affect the exercise
of the functions of a community or
charitable organisation;
(c) a person who, in the opinion of the
Commission, could be in a position to
10
exercise direct or indirect control over a
community or charitable organisation.
8.3.11B Provision of information
(1) The Commission may, by notice in writing,
require a community or charitable
15
organisation--
(a) to provide the Commission or an
authorised person, in accordance with
directions in the notice, with any
information as is specified in the notice
20
that is--
(i) relevant to the organisation; or
(ii) otherwise required by the
Commission; or
(b) to produce to the Commission or an
25
authorised person, in accordance with
the directions in the notice, any records
specified in the notice that are--
(i) relevant to the organisation; or
5
551355B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Gambling Regulation (Miscellaneous Amendments) Act 2005
Act No.
Part 2--Gambling Regulation Act 2003
s. 6
(ii) otherwise required by the
Commission--
and to permit examination of those
records, the taking of extracts from
them and the making of copies of them;
5
or
(c) to attend before the Commission or an
authorised person for examination, and
to answer questions, in relation to any
matters--
10
(i) relevant to the organisation; or
(ii) otherwise specified by the
Commission.
(2) If records are produced under this section,
the Commission or authorised person to
15
whom they are produced may retain
possession of the records for such period as
may reasonably be necessary to permit
examination of the records, the taking of
extracts from them and the making of copies
20
of them.
(3) At any reasonable times during the period for
which records are retained, the Commission
or authorised person must permit inspection
of the records by a person who would be
25
entitled to inspect them if they were not in
the possession of the Commission or an
authorised person.
(4) A person who complies with a requirement
of a notice under this section does not on that
30
account incur a liability to another person.".
6
551355B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Gambling Regulation (Miscellaneous Amendments) Act 2005
Act No.
Part 2--Gambling Regulation Act 2003
s. 7
7. Supply of bingo equipment
(1) For the heading to section 8.4.4 of the Gambling
Regulation Act 2003 substitute--
"Restriction on supply of bingo equipment".
(2) After section 8.4.4(2) of the Gambling
5
Regulation Act 2003 insert--
"(3) Sub-section (1) does not apply to the supply
of bingo tickets or a random number
generator to a person who or organisation
that is not required to hold a minor gaming
10
permit to conduct a session of bingo games.
Note: Section 8.2.4 sets out circumstances in which a
minor gaming permit is not required to conduct
a session of bingo games.".
8. New section 8.5.11 substituted
15
For section 8.5.11 of the Gambling Regulation
Act 2003 substitute--
"8.5.11 Licence renewal
(1) A bingo centre operator may, not earlier than
9 months before the expiration of the current
20
licence, apply to the Commission for a new
bingo centre operator's licence, in which
case--
(a) the current licence continues in force,
unless sooner cancelled or surrendered,
25
until the new licence is issued or its
issue is refused; and
(b) if issued, the new licence must be taken
to have been granted on the day on
which the current licence was due to
30
expire and must be dated accordingly.
7
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Gambling Regulation (Miscellaneous Amendments) Act 2005
Act No.
Part 2--Gambling Regulation Act 2003
s. 9
(2) An application for a new licence must be
made in or to the effect of a form approved
by the Commission and must be
accompanied by the prescribed fee.
(3) This Act (except sections 8.5.3, 8.5.4
5
and 8.5.5) applies to and in relation to--
(a) an application under this section for a
new licence; and
(b) the determination of such an
application; and
10
(c) any licence issued as a result of such an
application--
as if the application has been made by a
person other than a bingo centre operator.
(4) If a requirement made by this section is not
15
complied with, the Commission may refuse
to consider the application.
Note: Division 1 of Part 4 of Chapter 10 provides for
the investigation of an application for a bingo
20 centre operator's licence.".
9. Disciplinary action against bingo centre operator
In section 8.5.13(1) of the Gambling Regulation
Act 2003, in the definition of "grounds for
disciplinary action", after paragraph (f) insert--
"(fa) that the operator no longer has the
25
management or control of the bingo centre;".
10. Community and charitable gaming--change in
situation of persons and associates
In the Gambling Regulation Act 2003--
(a) in the heading to section 8.6.3, for "holder
30
of licence or permit or of associate"
substitute "person or associate";
8
551355B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Gambling Regulation (Miscellaneous Amendments) Act 2005
Act No.
Part 2--Gambling Regulation Act 2003
s. 11
(b) in section 8.6.3(1), before paragraph (a)
insert--
"(aa) a community or charitable
organisation;";
(c) section 8.6.3(1)(d) is repealed;
5
(d) in section 8.6.3(3), for "any Commissioner"
substitute "any commissioner".
11. New section 9A.1.22 inserted
After section 9A.1.21 of the Gambling
Regulation Act 2003 insert--
10
"9A.1.22 Change in situation of licensees
(1) Whenever a change of a kind specified by
the Commission in writing given to a
licensee takes place in the situation existing
in relation to the licensee, the licensee must
15
notify the Commission in writing of the
change within 14 days after it takes place.
Penalty: 60 penalty units.
(2) A function of the Commission under this
section may be performed by any
20
commissioner.".
12. Updating applications for listing on the roll
(1) For section 10.4.6(4) of the Gambling
Regulation Act 2003 substitute--
"(4) This section does not apply to an application
25
for approval of a wholly-owned subsidiary of
a public lottery licensee under Division 3 of
Part 3 of Chapter 5.".
(2) After section 10.4.6(5)(d) of the Gambling
Regulation Act 2003 insert--
30
"(e) listing on the roll;".
9
551355B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Gambling Regulation (Miscellaneous Amendments) Act 2005
Act No.
Part 2--Gambling Regulation Act 2003
s. 13
13. Service of documents
In section 11.1.2 of the Gambling Regulation
Act 2003, for "served on a person other than the
Commission, the document may be served"
substitute "served on, or given or sent to, a
5
person other than the Commission, the document
may be served, given or sent".
__________________
10
551355B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Gambling Regulation (Miscellaneous Amendments) Act 2005
Act No.
Part 3--Gambling Regulation (Further Amendment) Act 2004
s. 14
See:
PART 3--GAMBLING REGULATION (FURTHER
Act No.
AMENDMENT) ACT 2004 104/2004.
Statute Book:
www.dms.
14. New section 8.5A.12 substituted dpc.vic.
gov.au
In section 29 of the Gambling Regulation
(Further Amendment) Act 2004, for proposed
5
section 8.5A.12 substitute--
"8.5A.12 Licence renewal
(1) A licensee may, not earlier than 9 months
before the expiration of the current licence,
apply to the Commission for a new
10
commercial raffle organiser's licence, in
which case--
(a) the current licence continues in force,
unless sooner cancelled or surrendered,
until the new licence is issued or its
15
issue is refused; and
(b) if issued, the new licence must be taken
to have been granted on the day on
which the current licence was due to
expire and must be dated accordingly.
20
(2) An application for a new licence must be
made in or to the effect of a form approved
by the Commission and must be
accompanied by the prescribed fee.
(3) This Act (except section 8.5A.5 and 8.5A.6)
25
applies to and in relation to--
(a) an application under this section for a
new licence; and
(b) the determination of such an
application; and
30
11
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Gambling Regulation (Miscellaneous Amendments) Act 2005
Act No.
Part 3--Gambling Regulation (Further Amendment) Act 2004
s. 15
(c) any licence issued as a result of such an
application--
as if the application has been made by a
person other than a commercial raffle
organiser.
5
(4) If a requirement made by this section is not
complied with, the Commission may refuse
to consider the application.
Note: Division 1 of Part 4 of Chapter 10 provides for
10 the investigation of an application for a
commercial raffle organiser's licence.".
15. New section 31 substituted
For section 31 of the Gambling Regulation
(Further Amendment) Act 2004 substitute--
'31. Change in situation of licensee or associate
15
At the end of section 8.6.3(1) of the Principal
Act insert--
"(e) the holder of a commercial raffle
organiser's licence;
(f) an associate of the holder of a
20
commercial raffle organiser's
licence.".'.
16. Consequential repeal
Section 49 of the Gambling Regulation (Further
Amendment) Act 2004 is repealed.
25
__________________
12
551355B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Gambling Regulation (Miscellaneous Amendments) Act 2005
Act No.
Part 4--Casino Control Act 1991
s. 17
See:
PART 4--CASINO CONTROL ACT 1991
Act No.
47/1991.
17. Approval of games and rules for games Reprint No. 6
as at
(1) In section 60(1) of the Casino Control Act 1991 1 July 2004
and
omit ", by notice published in the Government amending
Gazette,".
5 Act Nos
33/2004,
(2) After section 60(1B) of the Casino Control Act 104/2004,
108/2004,
1991 insert-- 47/2005 and
55/2005.
"(1C) The Commission must publish notice that an LawToday:
www.dms.
approval has been given under this section dpc.vic.
on the Commission's website.".
10 gov.au
(3) For section 60(2) and (3) of the Casino Control
Act 1991 substitute--
"(2) A casino operator must not permit a game to
be conducted or played in a casino unless--
(a) an approval under this section is in
15
force for the game and the rules for the
game; and
(b) the approved rules for the game are
published on the casino operator's
website and are available for inspection
20
in the casino at the time the game is
conducted or played; and
(c) the game is conducted or played in
accordance with the approved rules for
the game.
25
Penalty: 100 penalty units.
(3) A person must not conduct a game in a
casino, or permit a game conducted by him
or her to be played in a casino, unless--
(a) an approval under this section is in
30
force for the game and the rules for the
game; and
13
551355B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Gambling Regulation (Miscellaneous Amendments) Act 2005
Act No.
Part 4--Casino Control Act 1991
s. 18
(b) the approved rules for the game are
published on the casino operator's
website and are available for inspection
in the casino at the time the game is
conducted or played; and
5
(c) the game is conducted or played in
accordance with the approved rules for
the game.
Penalty: 20 penalty units.".
18. Approved system of controls and procedures
10
In section 122(1)(c) of the Casino Control Act
1991 omit "job descriptions and".
14
551355B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
Gambling Regulation (Miscellaneous Amendments) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
15
551355B.I1-18/10/2005 BILL LA INTRODUCTION 18/10/2005
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