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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gambling Regulation Amendment Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Principal Act 3
4 Definition 3
5 Heading substituted 3
6 Section 3.2.4 substituted and new section 3.2.4A inserted 4
3.2.4 Regional and municipal limits on gaming machines 4
3.2.4A Review of regional and municipal limits 7
7 No compensation payable 8
8 Matters to be considered in determining applications 8
9 Amendment of conditions 8
10 Consideration and making of amendment 8
11 Payment of accumulated credits and cashing of cheques 8
12 Community benefit statements 9
13 Payment to Community Support Fund 12
14 New Part 17 inserted in Schedule 7 12
PART 17--GAMBLING REGULATION AMENDMENT
ACT 2007 12
17.1 Definition 12
17.2 Ministerial orders and Commission directions and
determinations 12
17.3 Community benefit statements 13
15 Repeal of Act 13
ENDNOTES 14
561043B.I-5/6/2007 i BILL LA INTRODUCTION 5/6/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Gambling Regulation Amendment Bill
2007
A Bill for an Act to amend the Gambling Regulation Act 2003 to
regulate the number of gaming machines in a region or municipal
district, to regulate the payment of accumulated credits, to alter the
arrangements for community benefit statements, to amend a provision
regarding the Community Support Fund and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Gambling
Regulation Act 2003 to--
(a) establish a system for the further regulation
5 of gaming machines by providing for
Ministerial orders to be made to limit the
number of gaming machines in municipal
districts, to amend the way in which regional
limits are set and to make consequential
10 amendments;
561043B.I-5/6/2007 1 BILL LA INTRODUCTION 5/6/2007
Gambling Regulation Amendment Bill 2007
s. 2
(b) improve customer protection by ensuring
that if a person has $1000 or more of
accumulated credits on a gaming machine,
those credits must be paid out entirely by
5 cheque;
(c) amend the requirements for venue operators
to lodge community benefit statements;
(d) extend the timeframe by a further 4 years
regarding payments into the Community
10 Support Fund.
2 Commencement
(1) This Act (other than section 11) comes into
operation on the day after the day on which it
receives the Royal Assent.
15 (2) Subject to subsection (3), section 11 comes into
operation on a day to be proclaimed.
(3) If section 11 does not come into operation before
1 December 2007, it comes into operation on that
day.
561043B.I-5/6/2007 2 BILL LA INTRODUCTION 5/6/2007
Gambling Regulation Amendment Bill 2007
s. 3
3 Principal Act
In this Act, the Gambling Regulation Act 2003 is See:
Act No.
called the Principal Act. 114/2003.
Reprint No. 1
as at
21 July 2005
and
amending
Act Nos
16/2004,
104/2004,
18/2005,
22/2005,
92/2005,
98/2005,
7/2006,
23/2006,
24/2006,
32/2006,
48/2006,
54/2006,
79/2006,
80/2006 and
11/2007.
LawToday:
www.
legislation.
vic.gov.au
4 Definition
5 In section 1.3(1) of the Principal Act insert the
following definition--
"municipal limit means the maximum permissible
number, determined and in force under
section 3.2.4, of gaming machines available
10 for gaming in a municipal district or part of a
municipal district;".
5 Heading substituted
For the heading to Division 2 of Part 2 of
Chapter 3 of the Principal Act substitute--
15 "Division 2--Ministerial directions, regional
limits and municipal limits".
561043B.I-5/6/2007 3 BILL LA INTRODUCTION 5/6/2007
Gambling Regulation Amendment Bill 2007
s. 6
6 Section 3.2.4 substituted and new section 3.2.4A
inserted
For section 3.2.4 of the Principal Act substitute--
"3.2.4 Regional and municipal limits on gaming
5 machines
(1) The Minister may from time to time, by
order published in the Government
Gazette--
(a) determine regions in the State for the
10 purposes of this Chapter; and
(b) in respect of a region or municipal
district--
(i) determine the maximum
permissible number of gaming
15 machines available for gaming in
the region or municipal district; or
(ii) require the Commission, based on
criteria specified in the order, to
determine the maximum
20 permissible number of gaming
machines available for gaming in
the region or municipal district;
and
(c) require the Commission, based on
25 criteria specified in the order, to
determine how gaming machines are to
be removed from--
(i) a region, if the number of gaming
machines available for gaming in
30 a region exceeds the maximum
permissible number available for
gaming in the region; or
561043B.I-5/6/2007 4 BILL LA INTRODUCTION 5/6/2007
Gambling Regulation Amendment Bill 2007
s. 6
(ii) a municipal district, if the number
of gaming machines available for
gaming in the municipal district
exceeds the maximum permissible
5 number available for gaming in
the district; and
(d) specify a time within which the
Commission must make a
determination under paragraph (c); and
10 (e) specify a maximum period within
which gaming machines available for
gaming that exceed the maximum
permissible number are to be removed,
being a period not exceeding 5 years
15 after the date on which the order is
published in the Government Gazette;
and
(f) specify criteria that the Commission
must have regard to when determining
20 the timing of reviews under
section 3.2.4A.
(2) An order under subsection (1) in relation to a
municipal limit may exclude part of the
municipal district from the order.
25 (3) If any part of a municipal district is subject
to a regional limit, an order under
subsection (1) in relation to a municipal limit
applies only to the part (if any) of the
municipal district that is not subject to the
30 regional limit.
(4) Within the time specified in an order under
subsection (1) or, if no time is specified in
the order, within 60 days after the order is
published in the Government Gazette, the
35 Commission must, by instrument published
561043B.I-5/6/2007 5 BILL LA INTRODUCTION 5/6/2007
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s. 6
in the Government Gazette, make any
determination the order requires it to make--
(a) in accordance with the criteria specified
in the order; and
5 (b) subject to compliance with any
direction given by the Minister and in
force under section 3.2.3(1).
(5) If an order under subsection (1) does not
specify all of the relevant information or
10 criteria by which the Commission must make
a determination, the Commission may, in
making a determination under subsection (4),
determine anything that is necessary to give
effect to the order.
15 (6) Within 7 days after publication of a
determination under subsection (4), the
Commission must--
(a) serve on each gaming operator a copy
of the determination; and
20 (b) give each gaming operator a written
direction requiring compliance with the
regional limit or municipal limit (as the
case requires) by any means specified
by the Commission in the direction.
25 (7) A direction under subsection (6)(b) must
specify--
(a) the number of gaming machines to be
removed from the region or municipal
district and from each approved venue;
30 and
(b) the period within which the gaming
machines are to be removed, being a
period--
561043B.I-5/6/2007 6 BILL LA INTRODUCTION 5/6/2007
Gambling Regulation Amendment Bill 2007
s. 6
(i) not exceeding the maximum
period specified in the order under
subsection (1); or
(ii) if no period is set out in the order
5 under subsection (1), not
exceeding 5 years.
(8) A gaming operator must comply with a
direction under subsection (6)(b).
3.2.4A Review of regional and municipal limits
10 (1) The Commission must, at any time
determined by the Commission and, in any
event, no later than 5 years after the
publication of a determination under section
3.2.4(4) and thereafter at intervals not
15 exceeding 5 years--
(a) review the Commission's
determination; and
(b) if a regional limit or municipal limit
determined by the Commission is no
20 longer appropriate, determine, by
instrument published in the
Government Gazette, within 30 days
after completing the review, a new
regional limit or municipal limit (as the
25 case requires)--
(i) in accordance with the criteria
specified in the order under
section 3.2.4(1); and
(ii) subject to compliance with any
30 direction given by the Minister
and in force under
section 3.2.3(1).
(2) Section 3.2.4 applies to a determination
under subsection (1)(b) as if it were a
35 determination under section 3.2.4(4).
561043B.I-5/6/2007 7 BILL LA INTRODUCTION 5/6/2007
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s. 7
(3) In determining the timing of reviews under
this section, the Commission must have
regard to any criteria specified in an order
under section 3.2.4(1)(f).".
5 7 No compensation payable
In section 3.2.5 of the Principal Act--
(a) in paragraph (a), for "3.2.4; or" substitute
"3.2.4.";
(b) paragraphs (b) and (c) are repealed.
10 8 Matters to be considered in determining
applications
In section 3.4.11(1)(c) of the Principal Act, after
"regional limit" insert "or municipal limit".
9 Amendment of conditions
15 (1) Sections 3.4.17(5) and 3.4.17(6) of the Principal
Act are repealed.
(2) In section 3.4.17(7)(c) of the Principal Act after
"limit" insert "or municipal limit".
10 Consideration and making of amendment
20 In section 3.4.20(1)(b) of the Principal Act, for
"regional limit for gaming machines for the
region" substitute "regional limit or municipal
limit for gaming machines for the region or
municipal district".
25 11 Payment of accumulated credits and cashing of
cheques
(1) For the heading to section 3.5.33 of the Principal
Act substitute--
"Payment of accumulated credits and cashing
30 of cheques".
561043B.I-5/6/2007 8 BILL LA INTRODUCTION 5/6/2007
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s. 12
(2) For section 3.5.33(1) of the Principal Act
substitute--
"(1) If a person has $1000 or more worth of
accumulated credits on a gaming machine,
5 the venue operator or gaming operator must
not pay out, or allow another person to pay
out, any of those credits except by cheque
that is not payable to cash.
Penalty: 60 penalty units.".
10 (3) In section 3.5.33(2) of the Principal Act, omit
"winnings or".
(4) After section 3.5.33(4) of the Principal Act
insert--
"(5) In this section--
15 accumulated credits means the amount of
credits standing on any one gaming
machine, whether initially credited to
the machine or accumulated through
play.".
20 12 Community benefit statements
(1) For section 3.6.8(2) of the Principal Act
substitute--
"(2) If--
(a) a club licence or racing club licence is
25 in force in respect of an approved
venue; and
(b) an audited community benefit statement
lodged under section 3.6.9 by the
holder of the licence indicates that the
30 holder has made less than the required
community benefit contribution--
the Commission must declare that the licence
holder is required to pay to the Commission,
to be paid into the Consolidated Fund, an
561043B.I-5/6/2007 9 BILL LA INTRODUCTION 5/6/2007
Gambling Regulation Amendment Bill 2007
s. 12
amount equal to the difference between the
required community benefit contribution and
the community benefit contribution stated in
the community benefit statement.
5 (2A) The licence holder must pay the required
amount within 60 days after the licence
holder is notified of the declaration under
subsection (3).
(2B) The Commission may extend the time for the
10 licence holder to pay the required amount if
the Commission is satisfied that payment of
the amount by the day required by
subsection (2A) would expose the licence
holder to significant financial hardship.
15 (2C) An amount equal to the amount paid into the
Consolidated Fund under subsection (2) is to
be paid out of the Consolidated Fund into the
Community Support Fund and the
Consolidated Fund is appropriated to the
20 necessary extent for that payment to be
made.".
(2) For section 3.6.8(3) of the Principal Act
substitute--
"(3) The Commission must notify the licence
25 holder of a declaration under
subsection (2).".
(3) After section 3.6.8(4) of the Principal Act
insert--
"(4A) If--
30 (a) a club licence or racing club licence is
in force in respect of an approved
venue; and
561043B.I-5/6/2007 10 BILL LA INTRODUCTION 5/6/2007
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s. 12
(b) the holder of the licence has not lodged
an audited community benefit statement
under section 3.6.9 within the time
required for lodgement--
5 the Commission must declare that the
amounts payable by the gaming operator
under section 3.6.6 in respect of the venue
are to be paid as if the licence were a pub
licence, in respect of the period commencing
10 from the time the community benefit
statement was required to be lodged until the
time that the statement is lodged.
(4B) The Commission must notify the gaming
operator of--
15 (a) the making of a declaration under
subsection (4A);
(b) the lodgement of an audited community
benefit statement by the licence holder.
(4C) Notification under subsection (4B)(a) must
20 set out the day on which payments in
accordance with the declaration must
commence, which must not be less than
30 days after the day on which the
notification is given to the gaming
25 operator.".
(4) In section 3.6.8(5) of the Principal Act, for "(2)"
substitute "(4A)".
(5) After section 3.6.9(1) of the Principal Act
insert--
30 "(1A) Subsection (1) does not apply to an approved
venue in respect of which a pub licence is in
force.".
561043B.I-5/6/2007 11 BILL LA INTRODUCTION 5/6/2007
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s. 13
(6) In the Principal Act--
(a) in section 3.6.9(2)(b)(iii), for
"section 3.6.8(2)" substitute
"section 3.6.8(4A)";
5 (b) in section 3.6.10(1)(b), for "operator--"
substitute "operator; or";
(c) after section 3.6.10(1)(b) insert--
"(c) to the Commission by a licence holder
under section 3.6.8(2)--".
10 13 Payment to Community Support Fund
In section 3.6.12(1A) of the Principal Act, for
"4 financial years" substitute "8 financial years".
14 New Part 17 inserted in Schedule 7
At the end of Schedule 7 to the Principal Act
15 insert--
"PART 17--GAMBLING REGULATION
AMENDMENT ACT 2007
17.1 Definition
In this Part, commencement day means the
20 day on which section 6 of the Gambling
Regulation Amendment Act 2007 comes
into operation.
17.2 Ministerial orders and Commission
directions and determinations
25 (1) An order of the Minister that was in force
under section 3.2.4(1) immediately before
the commencement day is taken, on and after
that day, to be an order of the Minister under
section 3.2.4(1) as in force on and after that
30 day.
561043B.I-5/6/2007 12 BILL LA INTRODUCTION 5/6/2007
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s. 15
(2) A determination of the Commission that was
in force under section 3.2.4(2) immediately
before the commencement day is taken, on
and after that day, to be a determination of
5 the Commission under section 3.2.4(4) as in
force on and after that day.
(3) A direction of the Commission that was in
force under section 3.2.4(3)(b) immediately
before the commencement day is taken, on
10 and after that day, to be a direction of the
Commission under section 3.2.4(6)(b) as in
force on and after that day.
17.3 Community benefit statements
(1) Sections 3.6.8, 3.6.9(2)(b)(iii) and 3.6.10, as
15 amended by section 12 of the Gambling
Regulation Amendment Act 2007, apply in
respect of a community benefit statement for
the 200708 financial year and any
subsequent financial year.
20 (2) Sections 3.6.8, 3.6.9(2)(b)(iii) and 3.6.10, as
in force immediately before the
commencement of section 12 of the
Gambling Regulation Amendment
Act 2007, continue to apply in respect of a
25 community benefit statement for the
200607 financial year.
(3) Section 3.6.9(1A) applies in respect of a
community benefit statement for the
200607 financial year and any subsequent
30 financial year.".
15 Repeal of Act
This Act is repealed on 1 December 2008.
561043B.I-5/6/2007 13 BILL LA INTRODUCTION 5/6/2007
Gambling Regulation Amendment Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561043B.I-5/6/2007 14 BILL LA INTRODUCTION 5/6/2007
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