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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gambling Regulation Amendment (Licensing) Bill
2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
PART 2--LICENSING AMENDMENTS 3
4 Definitions 3
5 Extension of gaming operator's licence 4
6 Amendment of Chapter 4 5
7 New section 4.3.4A inserted 7
4.3.4A Application of Part 7
8 Temporary licensee 8
9 New Part 3A inserted in Chapter 4 8
PART 3A--WAGERING AND BETTING LICENCE 8
Division 1--Authority and number of wagering and betting
licences 8
4.3A.1 Authority of wagering and betting licence 8
4.3A.2 One licence 8
Division 2--Licensing procedure 8
4.3A.3 Registration of interest 8
4.3A.4 Report to Minister by Secretary on registrations of
interest 10
4.3A.5 Application for licence 11
4.3A.6 Report to Minister by Secretary on applications 12
4.3A.7 Determination of applications 12
4.3A.8 Issue of licence 15
4.3A.9 Licence conditions 16
4.3A.10 Related agreements 16
4.3A.11 Duration of licence 16
4.3A.12 Licence may authorise preparatory action 17
4.3A.13 Premium payment 18
561186B.I-16/4/2008 i BILL LA INTRODUCTION 16/4/2008
Clause Page
4.3A.14 Publication and tabling 19
4.3A.15 Engaging contractors and appointing agents to
assist with wagering and betting 21
Division 3--Transfer of licence 21
4.3A.16 Transfer only under this Division 21
4.3A.17 Application to transfer licence 21
4.3A.18 Transfer of wagering and betting licence 22
4.3A.19 Report to Minister by Commission 26
4.3A.20 Related agreements 26
4.3A.21 Publication and tabling 27
Division 4--Amendment and surrender of licence 29
4.3A.22 Request by licensee for amendment of licence 29
4.3A.23 Amendment of licence 30
4.3A.24 Surrender of licence 32
Division 5--Monitoring and disciplinary action 32
4.3A.25 Associates of licensee 32
4.3A.26 Grounds for disciplinary action 34
4.3A.27 Commission may take or recommend disciplinary
action 35
4.3A.28 Minister may take disciplinary action 37
4.3A.29 Suspension of licence pending criminal
proceedings 38
4.3A.30 Effect of licence suspension 38
Division 6--Temporary wagering and betting licence 39
4.3A.31 Temporary wagering and betting licence 39
4.3A.32 Report to Minister by Commission 42
4.3A.33 Arrangements with former licensee 43
4.3A.34 Further provisions for temporary licence 44
Division 7--Further information-gathering powers and
obligations 44
4.3A.35 Definitions 44
4.3A.36 Secretary may require further information 45
4.3A.37 Updating information provided to Secretary 46
4.3A.38 Updating information provided to Minister
regarding registration of interest or licence
application 47
4.3A.39 Updating licence transfer application 49
10 New section 4.6.1 substituted 50
4.6.1 Commissions 50
11 Dividends 50
12 Commissions and dividends for approved betting competitions 51
561186B.I-16/4/2008 ii BILL LA INTRODUCTION 16/4/2008
Clause Page
13 New section 4.6.7A inserted 53
4.6.7A Wagering and betting licensee to pay charge 53
14 Hospitals and Charities Fund and unclaimed refunds, dividends
and prizes 53
15 Offences and compliance 54
16 New section 4.7.3 substituted 55
4.7.3 Tickets purportedly issued by licensee 55
17 Further amendments regarding offences and compliance 56
18 New Chapter 6A inserted 60
CHAPTER 6A--KENO 60
PART 1--INTRODUCTION 60
6A.1.1 Purpose 60
6A.1.2 Definitions 60
PART 2--KENO GAMES 61
Division 1--Legality of keno games 61
6A.2.1 Keno games conducted under this Chapter are lawful 61
6A.2.2 Keno not subject to Chapter 3 61
Division 2--Conducting keno games 61
6A.2.3 Sale of tickets 61
6A.2.4 Agents of licensee 62
6A.2.5 Approval of keno system 62
6A.2.6 Security of certain equipment 63
6A.2.7 Defective machinery, equipment and computer
systems 63
6A.2.8 Unlawful interference with keno system 63
6A.2.9 Use of defective keno machinery, equipment or
computer system 64
6A.2.10 Credit and loans 64
6A.2.11 Keno rules 65
6A.2.12 Commencement of rules 66
6A.2.13 Publication and inspection of keno rules 66
6A.2.14 Disallowance of keno rules 67
PART 3--KENO LICENCE 68
Division 1--Authority and number of keno licences 68
6A.3.1 Authority of keno licence 68
6A.3.2 One licence 68
Division 2--Licensing procedure 68
6A.3.3 Registration of interest 68
6A.3.4 Report to Minister by Secretary on registrations of
interest 70
561186B.I-16/4/2008 iii BILL LA INTRODUCTION 16/4/2008
Clause Page
6A.3.5 Application for licence 70
6A.3.6 Report to Minister by Secretary on applications 71
6A.3.7 Determination of applications 72
6A.3.8 Issue of licence 73
6A.3.9 Licence conditions 73
6A.3.10 Related agreements 74
6A.3.11 Duration of licence 74
6A.3.12 Licence may authorise preparatory action 74
6A.3.13 Premium payment 75
6A.3.14 Publication and tabling 76
6A.3.15 Engaging contractors and appointing agents to
assist with keno games 77
Division 3--Transfer of licence 78
6A.3.16 Transfer only under this Division 78
6A.3.17 Application to transfer licence 78
6A.3.18 Transfer of a keno licence 79
6A.3.19 Report to Minister by Commission 81
6A.3.20 Related agreements 82
6A.3.21 Publication and tabling 83
Division 4--Amendment and surrender of licence 85
6A.3.22 Request by licensee for amendment of licence 85
6A.3.23 Amendment of licence 86
6A.3.24 Surrender of licence 87
Division 5--Monitoring and disciplinary action 88
6A.3.25 Associates of licensee 88
6A.3.26 Grounds for disciplinary action 89
6A.3.27 Commission may take or recommend disciplinary
action 90
6A.3.28 Minister may take disciplinary action 92
6A.3.29 Suspension of licence pending criminal proceedings 93
6A.3.30 Effect of licence suspension 93
Division 6--Temporary keno licence 94
6A.3.31 Temporary keno licence 94
6A.3.32 Report to Minister by Commission 96
6A.3.33 Arrangements with former licensee 97
6A.3.34 Further provisions for temporary licence 98
Division 7--Further information-gathering powers and
obligations 98
6A.3.35 Definitions 98
6A.3.36 Secretary may require further information 99
6A.3.37 Updating information provided to Secretary 100
561186B.I-16/4/2008 iv BILL LA INTRODUCTION 16/4/2008
Clause Page
6A.3.38 Updating information provided to Minister
regarding registration of interest or licence
application 101
6A.3.39 Updating licence transfer application 103
PART 4--RETURNS TO PLAYERS, TAXES AND FUNDS 104
Division 1--Returns to players 104
6A.4.1 Returns to players 104
Division 2--Taxes 104
6A.4.2 Duty payable by licensee 104
Division 3--Supervision charge 106
6A.4.3 Supervision charge 106
Division 4--Funds 107
6A.4.4 Hospitals and Charities Fund and Mental Health
Fund 107
PART 5--COMPLIANCE REQUIREMENTS 108
Division 1--Accounting records 108
6A.5.1 Accounting records 108
Division 2--Complaints 108
6A.5.2 Investigation of complaints 108
19 Interactive gaming 109
20 Constitution of Commission 109
21 New section 10.1.9A inserted 109
10.1.9A Additional commissioners 109
22 Commission meetings 110
23 Further amendments to Chapter 10 110
24 New Divisions 1A and 1B inserted in Part 4 of Chapter 10 112
Division 1A--Investigations of registrations of interest
and applications for wagering and betting licence and
keno licence 112
10.4.7A Definitions 112
10.4.7B Investigations and inquiries 113
10.4.7C Photographs, finger prints and palm prints 114
10.4.7D Police inquiry and report 115
10.4.7E Commission may require further information 116
10.4.7F Updating information 117
10.4.7G Costs of investigating 118
10.4.7H Service agreement 119
561186B.I-16/4/2008 v BILL LA INTRODUCTION 16/4/2008
Clause Page
Division 1B--Investigations of transfers of wagering and
betting licence and keno licence and temporary licensing 119
10.4.7I Definitions 119
10.4.7J Investigations and inquiries 120
10.4.7K Photographs, finger prints and palm prints 121
10.4.7L Police inquiry and report 122
10.4.7M Commission may require further information 123
10.4.7N Updating information 124
10.4.7O Costs of investigating 125
25 Compliance and enforcement 125
26 New section 11.1.8 inserted 126
11.1.8 No entitlement to or legitimate expectation of licence 126
27 New Part 19 inserted in Schedule 7 126
PART 19--GAMBLING REGULATION AMENDMENT
(LICENSING) ACT 2008 126
19.1 Commissioners 126
PART 3--RESPONSIBLE CODE OF CONDUCT
CONSEQUENTIAL AMENDMENTS 127
28 Wagering and betting licence 127
29 New section 4.3A.10A inserted 127
4.3A.10A Responsible Gambling Code of Conduct is a
condition of licence 127
30 Further wagering and betting licence amendments 128
31 Keno licence 129
32 New section 6A.3.9A inserted 129
6A.3.9A Responsible Gambling Code of Conduct is a
condition of licence 129
33 Further keno licence amendments 130
34 Application of Responsible Code of Conduct 131
PART 4--REPEAL OF AMENDING ACT 132
35 Repeal of Act 132
ENDNOTES 133
561186B.I-16/4/2008 vi BILL LA INTRODUCTION 16/4/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Gambling Regulation Amendment
(Licensing) Bill 2008
A Bill for an Act to amend the Gambling Regulation Act 2003 with
respect to certain gambling licences and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to amend the Gambling
Regulation Act 2003--
5 (a) to create a wagering and betting licence
authorising the conduct of wagering on horse
racing, harness racing and greyhound racing
and the conduct of approved betting
competitions;
10 (b) to create a keno licence authorising the
conduct of keno games;
561186B.I-16/4/2008 1 BILL LA INTRODUCTION 16/4/2008
Gambling Regulation Amendment (Licensing) Bill 2008
Part 1--Preliminary
s. 2
(c) to permit the extension of a gaming
operator's licence;
(d) to provide for the appointment of additional
Deputy Chairpersons and commissioners to
5 the Victorian Commission for Gambling
Regulation.
2 Commencement
(1) This Act (except Part 3) comes into operation on
the day after the day on which it receives the
10 Royal Assent.
(2) Part 3 comes into operation on the later of--
(a) the day after the day on which this Act
receives the Royal Assent;
(b) the day on which section 49 of the
15 Gambling Legislation Amendment
(Problem Gambling and Other Measures)
Act 2007 comes into operation.
3 Principal Act
See: In this Act, the Gambling Regulation Act 2003 is
Act No.
20 114/2003. called the Principal Act.
Reprint No. 2
as at
1 October
2007
and
amending
Act Nos
16/2004,
39/2007,
72/2007 and
4/2008.
LawToday:
www.
legislation.
vic.gov.au
__________________
561186B.I-16/4/2008 2 BILL LA INTRODUCTION 16/4/2008
Gambling Regulation Amendment (Licensing) Bill 2008
Part 2--Licensing Amendments
s. 4
PART 2--LICENSING AMENDMENTS
4 Definitions
(1) Insert the following definitions in section 1.3(1)
of the Principal Act--
5 "keno game means--
(a) a game that is known as keno and in
which, after the players have selected--
(i) a maximum of 15 numbers from
the numbers 1 to 80 inclusive to
10 match any of 20 numbers to be
drawn in the playing of the game;
or
(ii) heads, tails or evens--
the game is determined by drawing
15 20 numbers from the numbers 1 to 80
inclusive by a method of random
selection approved by the Commission;
or
(b) a game prescribed as a keno game by
20 the regulations;
keno licence means the licence granted under
Part 3 of Chapter 6A or a temporary keno
licence issued under section 6A.3.31;
keno licensee means the holder of the keno
25 licence;
keno system means an electronic system for
conducting and monitoring keno games,
including terminals and peripheral
equipment for selling tickets and for
30 validating winning tickets, visual display
units, the central processing unit, the game
result determination device, front-end
devices and other equipment for
561186B.I-16/4/2008 3 BILL LA INTRODUCTION 16/4/2008
Gambling Regulation Amendment (Licensing) Bill 2008
Part 2--Licensing Amendments
s. 5
communication within the system and
software in so far as it relates to the conduct
and monitoring of keno games;
Racing Victoria has the same meaning as in Part I
5 of the Racing Act 1958;
Secretary means Secretary to the Department of
Justice;
wagering and betting licence means the licence
granted under Part 3A of Chapter 4 or a
10 temporary wagering and betting licence
issued under section 4.3A.31;
wagering and betting licensee means the holder
of the wagering and betting licence;".
(2) In section 1.3(1) of the Principal Act, in the
15 definition of key operative--
(a) after paragraph (a) insert--
"(ab) the wagering and betting licensee;";
(b) after paragraph (c) insert--
"(ca) the keno licensee;".
20 5 Extension of gaming operator's licence
At the end of section 3.4.32 of the Principal Act
insert--
"(2) If invited by the Minister to do so, the holder
of a gaming operator's licence may apply to
25 the Minister, before the licence expires, for a
licence extension.
(3) On application under subsection (2), the
Minister may extend the licence for a period
not exceeding 5 months from the day it
30 would otherwise expire.
(4) A licence may be extended only once.".
561186B.I-16/4/2008 4 BILL LA INTRODUCTION 16/4/2008
Gambling Regulation Amendment (Licensing) Bill 2008
Part 2--Licensing Amendments
s. 6
6 Amendment of Chapter 4
(1) After section 4.1.1(a)(i) of the Principal Act
insert--
"(ia) the issuing of a wagering and betting
5 licence;".
(2) In section 4.1.3(2) of the Principal Act, for
"sections 4.6.1 and 4.6.4" substitute "sections
4.6.1(1) and 4.6.4(1)".
(3) After section 4.1.3(3) of the Principal Act
10 insert--
"(4) For the purposes of Part 6, the Treasurer, by
notice given to the wagering and betting
licensee, may grant the wagering and betting
licensee an exemption, subject to the
15 conditions (if any) determined by the
Treasurer and specified in the notice, for a
totalisator conducted by the wagering and
betting licensee if the Treasurer is satisfied
that the totalisator is not connected with
20 wagering or approved betting competitions
conducted in Victoria.
(5) The Treasurer, by notice given to the
wagering and betting licensee, may, subject
to the conditions (if any) determined by the
25 Treasurer and specified in the notice, declare
that specified amounts, or amounts of a
specified class, invested in a totalisator are
deemed, for the purposes of sections 4.6.1(2)
and 4.6.4(2), not to form part of the total
30 amount invested in that totalisator.".
(4) In the Principal Act--
(a) in sections 4.2.1(3) and 4.2.3, after
"operator" (wherever occurring) insert
", the wagering and betting licensee";
561186B.I-16/4/2008 5 BILL LA INTRODUCTION 16/4/2008
Gambling Regulation Amendment (Licensing) Bill 2008
Part 2--Licensing Amendments
s. 6
(b) in section 4.2.4(1)--
(i) after "operator" insert "or the wagering
and betting licensee";
(ii) for "this section" substitute
5 "this Division";
(c) in section 4.2.4(2), for "this section"
substitute "this Division".
(5) After section 4.2.5(1) of the Principal Act
insert--
10 "(1A) Subject to this Act, the regulations and any
condition of the wagering and betting
licence, the wagering and betting licensee
must make betting rules in relation to--
(a) totalisators for wagering; and
15 (b) totalisators for approved betting
competitions; and
(c) betting in approved betting
competitions at fixed odds; and
(d) any other matters that are necessary for
20 the proper carrying on of a business of
wagering and a business of conducting
approved betting competitions.".
(6) In section 4.2.5 of the Principal Act--
(a) in subsection (2), after "subsection (1)(d)"
25 insert "or (1A)(d)";
(b) in subsection (2A), after "subsection (1)(a)"
insert "or (1A)(a)";
(c) in subsection (5), after "licensee" insert
"and the wagering and betting licensee".
561186B.I-16/4/2008 6 BILL LA INTRODUCTION 16/4/2008
Gambling Regulation Amendment (Licensing) Bill 2008
Part 2--Licensing Amendments
s. 7
(7) For section 4.2.5(6) of the Principal Act
substitute--
"(6) Betting rules under subsection (1), as in
force when the bet is made, form part of the
5 contract between the licensee or an operator
and the investor.
(7) Betting rules under subsection (1A), as in
force when the bet is made, form part of the
contract between the wagering and betting
10 licensee and the investor.".
(8) In section 4.2.6 of the Principal Act--
(a) in subsection (1), after "licensee" insert
"or the wagering and betting licensee";
(b) in subsection (2), after "licensee" insert
15 "or the wagering and betting licensee (as the
case requires)";
(c) in subsection (3), after "licensee" insert
"or the wagering and betting licensee (as the
case requires).".
20 7 New section 4.3.4A inserted
After section 4.3.4 of the Principal Act insert--
"4.3.4A Application of Part
(1) This Part applies only with respect to the
wagering licence and gaming licence that
25 were issued on 15 August 1994 and does not
authorise the grant of any further wagering
licence or gaming licence.
(2) Subsection (1) does not prevent the
appointment of a temporary licensee under
30 section 4.3.33 if the licences referred to in
subsection (1) are cancelled.".
561186B.I-16/4/2008 7 BILL LA INTRODUCTION 16/4/2008
Gambling Regulation Amendment (Licensing) Bill 2008
Part 2--Licensing Amendments
s. 8
8 Temporary licensee
In section 4.3.33(3) of the Principal Act, for
"another licence under this Part" substitute
"a wagering and betting licence under Part 3A".
5 9 New Part 3A inserted in Chapter 4
After Part 3 of Chapter 4 of the Principal Act
insert--
"PART 3A--WAGERING AND BETTING
LICENCE
10 Division 1--Authority and number of wagering
and betting licences
4.3A.1 Authority of wagering and betting licence
A wagering and betting licence authorises
the wagering and betting licensee to conduct,
15 subject to this Act and the regulations, the
Racing Act 1958 and any conditions to
which the licence is subject--
(a) wagering; and
(b) approved betting competitions.
20 4.3A.2 One licence
This Chapter does not authorise the
operation at the same time of more than one
wagering and betting licence.
Division 2--Licensing procedure
25 4.3A.3 Registration of interest
(1) The Minister, by notice published in the
Government Gazette, may call for
registrations of interest in the grant of a
wagering and betting licence.
561186B.I-16/4/2008 8 BILL LA INTRODUCTION 16/4/2008
Gambling Regulation Amendment (Licensing) Bill 2008
Part 2--Licensing Amendments
s. 9
(2) A notice published under subsection (1) must
specify--
(a) the procedure for registering an interest
in the grant of the licence; and
5 (b) the information to be provided by a
registrant; and
(c) the matters concerning a registrant on
which the Secretary will report to the
Minister; and
10 (d) any other matters that the Minister
considers relevant to the registration of
interest.
(3) A person who--
(a) has a physical place of business in
15 Victoria; and
(b) is not a natural person or a prohibited
person--
may register interest in the grant of a
wagering and betting licence by--
20 (c) following the procedure specified under
subsection (2)(a); and
(d) providing to the Minister the
information specified under
subsection (2)(b).
25 (4) The Minister must consider each registration
of interest and, if the registration of interest
satisfies all of the requirements made by or
specified under this section, the Minister
must refer the registration of interest to the
30 Secretary for a report under section 4.3A.4.
(5) If a registrant fails to satisfy a requirement
made by or specified under this section, the
Minister may refuse to consider, or consider
561186B.I-16/4/2008 9 BILL LA INTRODUCTION 16/4/2008
Gambling Regulation Amendment (Licensing) Bill 2008
Part 2--Licensing Amendments
s. 9
further, the registration of interest or to refer
it to the Secretary.
(6) After consideration of the Secretary's report
under section 4.3A.4 and any other matters
5 that the Minister considers relevant, the
Minister--
(a) may invite one or more registrants to
apply for a wagering and betting
licence, if the Minister is of the opinion
10 that an invitation is in the public
interest; or
(b) may decide not to invite any of the
registrants to apply for a wagering and
betting licence.
15 (7) In this section--
prohibited person means--
(a) a licensed racing club; or
(b) Racing Products; or
(c) Racing Victoria; or
20 (d) VicRacing; or
(e) a body corporate--
(i) in which any share is held by
or on behalf of an entity
referred to in paragraph (a),
25 (b), (c) or (d); or
(ii) of which an entity referred to
in paragraph (a), (b), (c)
or (d) is a member.
4.3A.4 Report to Minister by Secretary on
30 registrations of interest
The Secretary must give a written report to
the Minister on the matters specified under
section 4.3A.3(2)(c) in relation to each
561186B.I-16/4/2008 10 BILL LA INTRODUCTION 16/4/2008
Gambling Regulation Amendment (Licensing) Bill 2008
Part 2--Licensing Amendments
s. 9
registration of interest referred to him or her
by the Minister.
Note
Division 1A of Part 4 of Chapter 10 provides for the
5 investigation of a registration of interest in the grant
of a wagering and betting licence.
4.3A.5 Application for licence
(1) A person who has been invited by the
Minister under section 4.3A.3(6) to apply for
10 a wagering and betting licence may apply to
the Minister for the licence.
(2) A licence application--
(a) must be in the form, contain the
information and be accompanied by the
15 documents required by the Minister;
and
(b) must be lodged in accordance with the
procedural requirements, if any,
specified by the Minister.
20 (3) The Minister may require an applicant to
provide any further information to the
Minister in connection with the application.
(4) The Minister must refer each licence
application to the Secretary for a report
25 under section 4.3A.6.
(5) If a requirement made by this section is not
complied with, the Minister may refuse to
consider the application or to refer it to the
Secretary.
30 Note
Division 1A of Part 4 of Chapter 10 provides for the
investigation of an application for a wagering and
betting licence.
561186B.I-16/4/2008 11 BILL LA INTRODUCTION 16/4/2008
Gambling Regulation Amendment (Licensing) Bill 2008
Part 2--Licensing Amendments
s. 9
4.3A.6 Report to Minister by Secretary on
applications
(1) The Secretary must give a written report to
the Minister on each licence application--
5 (a) stating whether or not, in the
Secretary's opinion, the matters of
which the Minister must be satisfied to
grant the licence application have been
made out; and
10 (b) containing any other information
required by the Minister.
(2) The report may include any
recommendations the Secretary thinks fit,
including recommendations as to any
15 appropriate licence conditions.
(3) The report must include the reasons for any
findings or recommendations contained in it.
4.3A.7 Determination of applications
(1) The Minister is to determine whether to grant
20 or refuse a licence application after receiving
the report of the Secretary under
section 4.3A.6.
(2) The Minister may grant a licence application
only if he or she is satisfied--
25 (a) that the granting of the application is in
the public interest, taking into account
each of the following matters--
(i) whether the applicant, and each
associate of the applicant, is of
30 good repute, having regard to
character, honesty and integrity;
(ii) whether the applicant, or an
associate of the applicant, has an
association with a person or body
561186B.I-16/4/2008 12 BILL LA INTRODUCTION 16/4/2008
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Part 2--Licensing Amendments
s. 9
that is not of good repute having
regard to character, honesty and
integrity as a result of which the
applicant or the associate is likely
5 to be significantly affected in an
unsatisfactory manner;
(iii) whether each executive officer of
the applicant and any other person
determined by the Minister to be
10 concerned in or associated with
the ownership, management or
operation of the applicant's
wagering and betting business, is
a suitable person to act in that
15 capacity;
(iv) whether the applicant has
sufficient technical capability and
adequate systems to conduct the
activities to be authorised by the
20 licence;
(v) whether the applicant is of sound
and stable financial background;
(vi) whether the applicant has financial
resources that are adequate to
25 ensure the financial viability of a
wagering and betting business;
(vii) whether the applicant has the
ability to establish and maintain a
successful wagering and betting
30 business;
(viii) whether the applicant has
demonstrated a commitment to the
promotion of a viable and growing
Victorian racing industry;
561186B.I-16/4/2008 13 BILL LA INTRODUCTION 16/4/2008
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Part 2--Licensing Amendments
s. 9
(ix) any other matters that were
specified in the notice calling for
registrations of interest under
section 4.3A.3;
5 (x) any other matters the Minister
considers relevant; and
(b) that--
(i) the arrangements between--
(A) the licensee under Part 3
10 (other than a licensee
appointed under section
4.3.33) and VicRacing or
Racing Products, as the case
requires; or
15 (B) the previous wagering and
betting licensee (other than a
licensee appointed under
section 4.3A.31) and
VicRacing or Racing
20 Products, as the case
requires--
have been or, before the licence
commences, will be, concluded to
the reasonable satisfaction of the
25 parties; or
(ii) a reasonable opportunity has been
given for such a conclusion of
those arrangements; and
(c) that the applicant has entered into, or
30 made a binding offer to enter into,
arrangements with VicRacing and
arrangements with Racing Products
that, in the opinion of the Minister,
after consultation with the Secretary,
35 are no less favourable to VicRacing and
561186B.I-16/4/2008 14 BILL LA INTRODUCTION 16/4/2008
Gambling Regulation Amendment (Licensing) Bill 2008
Part 2--Licensing Amendments
s. 9
Racing Products than those last in force
between--
(i) the licensee under Part 3 (other
than a licensee appointed under
5 section 4.3.33) and VicRacing or
Racing Products, as the case
requires; or
(ii) the previous wagering and betting
licensee (other than a licensee
10 appointed under section 4.3A.31)
and VicRacing or Racing
Products, as the case requires.
(3) In determining whether to grant or refuse a
licence application, the Minister is entitled to
15 rely on any findings or recommendations
contained in the report of the Secretary under
section 4.3A.6.
(4) If the Minister refuses a licence application,
he or she must give written notice to the
20 applicant.
4.3A.8 Issue of licence
(1) If the Minister grants a licence application,
he or she must issue a wagering and betting
licence to the applicant.
25 (2) A wagering and betting licence cannot be
issued that has effect, otherwise than as
provided by section 4.3A.12, at any time
while the wagering licence and the gaming
licence are in effect under Part 3 of this
30 Chapter.
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(3) For the avoidance of doubt, subsection (2)
does not prevent a wagering and betting
licence taking effect at any time while the
appointment of a temporary licensee is in
5 effect under section 4.3.33.
Note
The granting of a wagering and betting licence while
a temporary licensee is in place terminates the
temporary licensee's appointment--see section
10 4.3.33(3).
4.3A.9 Licence conditions
The Minister may impose any conditions he
or she thinks fit on a wagering and betting
licence, including--
15 (a) conditions referred to in any other
provision of this Chapter;
(b) conditions that leave any matter or
thing to be from time to time
determined, applied, dispensed with or
20 regulated by the Commission or the
Minister.
4.3A.10 Related agreements
Despite section 4.3A.8, the Minister may
refuse to issue a wagering and betting licence
25 unless the applicant or any other person
requested by the Minister (or both) enters
into one or more agreements with the
Minister dealing with matters related to the
licence.
30 4.3A.11 Duration of licence
(1) A wagering and betting licence--
(a) takes effect at the time of issue or at the
later time specified in the licence; and
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(b) is valid for 12 years, unless terminated
earlier in accordance with this Part or
extended under this section.
(2) If invited by the Minister to do so, a
5 wagering and betting licensee may apply to
the Minister, before the wagering and betting
licence expires, for a licence extension.
(3) On application under subsection (2), the
Minister may extend the licence for a period
10 determined by the Minister, after
consulting--
(a) the Commission; and
(b) any other person the Minister considers
appropriate.
15 (4) A wagering and betting licence may be
extended under this section more than once,
but the total cumulative period for which a
licence may be extended under this section
cannot exceed 2 years from the day the
20 licence would otherwise expire.
(5) A wagering and betting licence cannot be
renewed, but a person who holds or has held
a wagering and betting licence may apply for
a subsequent wagering and betting licence, if
25 invited by the Minister to do so.
4.3A.12 Licence may authorise preparatory action
(1) This section applies to a wagering and
betting licence if the licence takes effect at a
time specified in the licence that is later than
30 the time of issue of the licence.
(2) The wagering and betting licence may
authorise the wagering and betting licensee
to take preparatory action from a time
specified in the licence (which may be the
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time of issue) even though the licence has
not taken effect.
(3) An authorisation under subsection (2) may
specify a single time from which any
5 preparatory action may be taken or different
times from which different kinds of
preparatory action may be taken.
(4) Any time specified from which preparatory
action may be taken must not be more than
10 18 months before the time the licence takes
effect.
(5) Despite section 4.3A.11(1)(a), the wagering
and betting licence is taken to be in effect for
the purpose of any preparatory action taken
15 in accordance with an authorisation under
subsection (2).
(6) No account is to be had to this section in
determining the term of the licence under
section 4.3A.11(1)(b).
20 (7) In this section--
preparatory action means anything
necessary or convenient to be done for
the purpose of conducting any activities
authorised by the licence, but does not
25 include the acceptance of a bet or
investment or the payment of a
dividend.
4.3A.13 Premium payment
(1) The Minister may require the wagering and
30 betting licensee to pay, as consideration for a
wagering and betting licence, one or more
amounts determined by the Minister as the
premium payment.
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(2) The Minister may determine the premium
payment as--
(a) a single amount payable on the issue of
the licence, or by the later time
5 determined by the Minister; or
(b) an amount payable each year for the
duration of the licence at the time
determined by the Minister.
(3) The premium payment is a tax.
10 4.3A.14 Publication and tabling
(1) The Minister must cause--
(a) notice to be published in the
Government Gazette--
(i) of the issue of a wagering and
15 betting licence, as soon as
practicable after the licence is
issued; and
(ii) of the making of any agreement
referred to in section 4.3A.10, as
20 soon as practicable after the
agreement is made; and
(b) a copy of a wagering and betting
licence to be--
(i) given to the Commission as soon
25 as practicable after the licence is
issued; and
(ii) subject to subsection (2),
presented to each House of
Parliament within 7 sitting days of
30 the House after the licence is
issued; and
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(c) a copy of any agreement referred to in
section 4.3A.10 to be--
(i) given to the Commission as soon
as practicable after the agreement
5 is made; and
(ii) subject to subsection (2),
presented to each House of
Parliament within 7 sitting days of
the House after the agreement is
10 made.
(2) Before complying with subsection (1)(b)(ii)
or (c)(ii), the Minister--
(a) may exclude information from the
licence or agreement if the Minister is
15 of the opinion that the information
relates to matters of a business,
commercial or financial nature the
disclosure of which would be likely to
expose any person unreasonably to
20 disadvantage; and
(b) must notify the Commission as soon as
practicable whether or not any
information has been excluded under
paragraph (a) and, if it has been,
25 specify the information excluded.
(3) Subject to subsection (4), the Commission
must cause a copy of a wagering and betting
licence and any agreements referred to in
section 4.3A.10 to be made available on its
30 website as soon as practicable after receiving
notification from the Minister under
subsection (2)(b).
(4) If the Minister has excluded information
from the licence or agreement under
35 subsection (2), the Commission must
exclude that information from the copy of
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Part 2--Licensing Amendments
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the licence or agreement it makes available
under subsection (3).
4.3A.15 Engaging contractors and appointing
agents to assist with wagering and betting
5 (1) A wagering and betting licence may
authorise the wagering and betting licensee
to engage a person on contract, or to appoint
an agent, to assist in the conduct of wagering
and betting authorised by the licence.
10 (2) For the avoidance of doubt, the engagement
of a person or the appointment of an agent by
the wagering and betting licensee does not
affect any function or obligation of the
licensee under a gaming Act or gaming
15 regulations.
Division 3--Transfer of licence
4.3A.16 Transfer only under this Division
A wagering and betting licence is not
transferable to any other person except in
20 accordance with this Division.
4.3A.17 Application to transfer licence
(1) A wagering and betting licensee may apply
to the Minister to transfer the wagering and
betting licence to another person (the
25 transferee).
(2) An application--
(a) must be in the form, contain the
information and be accompanied by the
documents required by the Minister;
30 and
(b) must be accompanied by the prescribed
fee (if any).
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(3) If no fee is prescribed for the purposes of
subsection (2)(b), the Minister, by written
notice, may require the wagering and betting
licensee to pay to the Minister the amount
5 determined by the Minister, being an amount
not exceeding the reasonable costs of the
Minister and the Department administered by
the Minister in considering the application.
(4) The Minister may require costs payable
10 under subsection (3) to be paid by
instalments or at any time before, during or
after the Minister's consideration of the
application, whether or not the application is
granted.
15 (5) Costs payable under subsection (3) may be
recovered in a court of competent
jurisdiction as a debt due to the State.
(6) The Minister may refer the application to the
Commission for a report under
20 section 4.3A.19.
4.3A.18 Transfer of wagering and betting licence
(1) On application under section 4.3A.17, the
Minister may transfer the wagering and
betting licence to the transferee if the
25 Minister is satisfied of the matters specified
in subsections (2), (3), (4) and (5).
(2) The Minister must be satisfied--
(a) that--
(i) the transferee is a wholly-owned
30 subsidiary of the wagering and
betting licensee; or
(ii) the transferee and the wagering
and betting licensee are both
wholly-owned subsidiaries of a
35 third company; and
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(b) that the transferee has a physical place
of business in Victoria; and
(c) that the transferee is not a prohibited
person within the meaning of
5 section 4.3A.3.
(3) The Minister must be satisfied that the
transfer of the wagering and betting licence
to the transferee is in the public interest,
taking into account each of the following
10 matters--
(a) whether the transferee, and each
associate of the transferee, is of good
repute, having regard to character,
honesty and integrity;
15 (b) whether the transferee, or an associate
of the transferee, has an association
with a person or body that is not of
good repute having regard to character,
honesty and integrity as a result of
20 which the transferee or the associate is
likely to be significantly affected in an
unsatisfactory manner;
(c) whether each executive officer of the
transferee and any other person
25 determined by the Minister to be
concerned in or associated with the
ownership, management or operation of
the transferee's wagering and betting
business, is a suitable person to act in
30 that capacity;
(d) whether the transferee has sufficient
technical capability and adequate
systems to conduct the activities
authorised by the licence;
35 (e) whether the transferee is of sound and
stable financial background;
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(f) whether the transferee has financial
resources that are adequate to ensure
the financial viability of a wagering and
betting business;
5 (g) whether the transferee has the ability to
maintain a successful wagering and
betting business;
(h) whether the transferee has
demonstrated a commitment to the
10 promotion of a viable and growing
Victorian racing industry;
(i) any other matters that were specified in
the notice calling for registrations of
interest under section 4.3A.3 in relation
15 to the wagering and betting licence;
(j) any other matters the Minister
considers relevant.
(4) The Minister must be satisfied--
(a) that--
20 (i) the arrangements between the
wagering and betting licensee and
VicRacing or Racing Products, as
the case requires, have been or,
before the transfer is effective,
25 will be, concluded to the
reasonable satisfaction of the
parties; or
(ii) a reasonable opportunity has been
given for such a conclusion of
30 those arrangements; and
(b) that the transferee has entered into, or
made a binding offer to enter into,
arrangements with VicRacing and
arrangements with Racing Products
35 that, in the opinion of the Minister, are
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Part 2--Licensing Amendments
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no less favourable to VicRacing and
Racing Products than those in force
between the wagering and betting
licensee and VicRacing or Racing
5 Products, as the case requires; and
(c) that the transfer of the licence to the
transferee would not result in a person
who is not currently an associate of the
licensee, or not approved by the
10 Minister to become an associate of the
licensee, becoming an associate of the
transferee.
(5) The Minister must be satisfied that the
transferee is capable of meeting the
15 obligations of the wagering and betting
licensee under any agreements referred to in
section 4.3A.10.
(6) The Minister may refuse to transfer the
wagering and betting licence unless a
20 company approved by the Minister that is an
associate of the transferee has given the
transferee an irrevocable guarantee and
indemnity, in the form approved by the
Treasurer, in respect of the financial
25 obligations of the transferee.
(7) In determining whether to grant or refuse an
application to transfer the wagering and
betting licence, the Minister is entitled to
rely on any findings or recommendations
30 contained in the report of the Commission
under section 4.3A.19.
(8) If the Minister transfers the wagering and
betting licence, the transferee becomes the
wagering and betting licensee and assumes
35 all the obligations and liabilities of the
wagering and betting licensee under this Act.
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4.3A.19 Report to Minister by Commission
(1) If the Minister has referred to the
Commission an application to transfer the
wagering and betting licence, the
5 Commission must give a written report to the
Minister on the application--
(a) stating whether or not, in the
Commission's opinion, the matters of
which the Minister must be satisfied to
10 transfer the licence have been made
out; and
(b) containing any other information
required by the Minister.
(2) The report may include any
15 recommendations the Commission thinks fit,
including recommendations as to any
appropriate licence conditions.
(3) The report must include the reasons for any
findings or recommendations contained in it.
20 Note
Division 1B of Part 4 of Chapter 10 provides for the
investigation by the Commission of an application to
transfer a wagering and betting licence.
4.3A.20 Related agreements
25 The Minister may refuse to transfer a
wagering and betting licence unless--
(a) the wagering and betting licensee and
any other person who is party to an
agreement referred to in section
30 4.3A.10 relating to the licence executes
any document requested by the
Minister in relation to that agreement;
and
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(b) the transferee or any other person
requested by the Minister (or both)
enters into one or more agreements
with the Minister dealing with matters
5 related to the licence, including any
agreement referred to in section
4.3A.10 or any further agreement.
4.3A.21 Publication and tabling
(1) The Minister must cause--
10 (a) notice to be published in the
Government Gazette--
(i) of the transfer of a wagering and
betting licence, as soon as
practicable after the licence is
15 transferred; and
(ii) of the execution of any document
referred to in section 4.3A.20(a)
or of the entering into of any
agreement referred to in
20 section 4.3A.20(b), as soon as
practicable after the document is
executed or the agreement is
entered into; and
(b) a copy of the transfer of a wagering and
25 betting licence to be--
(i) given to the Commission as soon
as practicable after the licence is
transferred; and
(ii) subject to subsection (2),
30 presented to each House of
Parliament within 7 sitting days of
the House after the licence is
transferred; and
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(c) a copy of any document referred to in
section 4.3A.20(a) or any agreement
referred to in section 4.3A.20(b) to
be--
5 (i) given to the Commission as soon
as practicable after the document
is executed or the agreement is
entered into; and
(ii) subject to subsection (2),
10 presented to each House of
Parliament within 7 sitting days of
the House after the document is
executed or the agreement is
entered into.
15 (2) Before complying with subsection (1)(b)(ii)
or (c)(ii), the Minister--
(a) may exclude information from the
transfer, document or agreement if the
Minister is of the opinion that the
20 information relates to matters of a
business, commercial or financial
nature the disclosure of which would be
likely to expose any person
unreasonably to disadvantage; and
25 (b) must notify the Commission as soon as
practicable whether or not any
information has been excluded under
paragraph (a) and, if it has been,
specify the information excluded.
30 (3) Subject to subsection (4), the Commission
must cause a copy of a transfer of a wagering
and betting licence and any document
referred to in section 4.3A.20(a) or
agreement referred to in section 4.3A.20(b)
35 to be made available on its website as soon
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as practicable after receiving notification
from the Minister under subsection (2)(b).
(4) If the Minister has excluded information
from the transfer, document or agreement
5 under subsection (2), the Commission must
exclude that information from the copy of
the transfer, document or agreement it makes
available under subsection (3).
Division 4--Amendment and surrender of
10 licence
4.3A.22 Request by licensee for amendment of
licence
(1) The wagering and betting licensee may
request the Minister to amend a wagering
15 and betting licence.
(2) A request for a licence amendment--
(a) must be in writing; and
(b) must include the reasons for the
requested amendment; and
20 (c) must be accompanied by the prescribed
fee (if any).
(3) The Minister may require the licensee to
provide any further information or any
documents to the Minister in connection with
25 the request.
(4) If this section or a requirement made by the
Minister under this section is not complied
with, the Minister may refuse to consider the
request.
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(5) If no fee is prescribed for the purposes of
subsection (2)(c), the Minister, by written
notice, may require the wagering and betting
licensee to pay to the Minister the amount
5 determined by the Minister, being an amount
not exceeding the reasonable costs of the
Minister and the Department administered by
the Minister in considering the request.
(6) The Minister may require costs payable
10 under subsection (5) to be paid by
instalments or at any time before, during or
after the Minister's consideration of the
request, whether or not the Minister decides
to make the requested amendment.
15 (7) Costs payable under subsection (5) may be
recovered in a court of competent
jurisdiction as a debt due to the State.
4.3A.23 Amendment of licence
(1) The Minister must decide whether to make
20 an amendment requested under
section 4.3A.22, either with or without
changes from that originally requested, and
must give written notice of the decision to
the wagering and betting licensee.
25 (2) In deciding whether or not to make an
amendment, the Minister must take into
account whether, in his or her opinion, the
amendment is in the public interest.
(3) If the Minister amends a wagering and
30 betting licence under this section, the
Minister must cause--
(a) notice of the amendment to be
published in the Government Gazette as
soon as practicable after the licence is
35 amended; and
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(b) a copy of the amendment (or the
licence as amended) to be--
(i) given to the Commission as soon
as practicable after the licence is
5 amended; and
(ii) subject to subsection (4),
presented to each House of
Parliament within 7 sitting days of
the House after the licence is
10 amended.
(4) Before complying with subsection (3)(b)(ii),
the Minister--
(a) may exclude information from the
amendment, or the licence as amended,
15 if the Minister is of the opinion that the
information relates to matters of a
business, commercial or financial
nature the disclosure of which would be
likely to expose any person
20 unreasonably to disadvantage; and
(b) must notify the Commission as soon as
practicable whether or not any
information has been excluded under
paragraph (a) and, if it has been,
25 specify the information excluded.
(5) Subject to subsection (6), the Commission
must cause a copy of an amendment, or the
licence as amended, to be made available on
its website as soon as practicable after
30 receiving notification from the Minister
under subsection (4)(b).
(6) If the Minister has excluded information
from an amendment under subsection (4), the
Commission must exclude that information
35 from the copy of the amendment, or the
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licence as amended, it makes available under
subsection (5).
(7) An amendment takes effect when notice of
the decision to make the amendment is given
5 to the licensee under subsection (1) or on a
later date specified in the notice.
4.3A.24 Surrender of licence
(1) The wagering and betting licensee may
surrender a wagering and betting licence by
10 giving at least 12 months' written notice to
the Minister.
(2) The surrender takes effect only if the
Minister consents to the surrender.
(3) The Minister may consent subject to any
15 conditions he or she thinks fit, and those
conditions remain in effect after the
surrender in accordance with their terms.
Division 5--Monitoring and disciplinary action
4.3A.25 Associates of licensee
20 (1) If it is within the wagering and betting
licensee's power to do so, the licensee must
ensure that a person does not become an
associate of the licensee except with the prior
written approval of the Commission.
25 Penalty: 60 penalty units.
(2) On application by the licensee, the
Commission may grant its approval, but
must not grant its approval unless satisfied
that the person is a suitable person to be
30 associated with the management of a
wagering and betting business.
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(3) If the Commission refuses to grant its
approval--
(a) the Commission must notify the
licensee in writing; and
5 (b) to the extent that it is within the
licensee's power to do so, the licensee
must ensure--
(i) that the person does not become
an associate; or
10 (ii) if the person becomes or has
become an associate, that the
person ceases to be an associate of
the licensee within 28 days after
the licensee is notified by the
15 Commission under paragraph (a).
Note
Division 1 of Part 4 of Chapter 10 provides for the
investigation of an application to approve a person to
become an associate of the wagering and betting
20 licence.
(4) The wagering and betting licensee must
notify the Commission in writing of the
likelihood of a person becoming an associate
of the licensee as soon as practicable after
25 the licensee becomes aware of that
likelihood.
Penalty: 60 penalty units.
(5) The wagering and betting licensee must
notify the Commission in writing of any
30 person becoming an associate of the licensee
within 7 days after becoming aware that the
person has become an associate.
Penalty: 60 penalty units.
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4.3A.26 Grounds for disciplinary action
Each of the following is a ground for
disciplinary action in relation to a wagering
and betting licence--
5 (a) the wagering and betting licensee is
not, or is no longer, a suitable person or
body to conduct the activities
authorised by the licence;
(b) the wagering and betting licensee has
10 been found guilty of an offence against
a gaming Act or the Racing Act 1958;
(c) the wagering and betting licensee, or an
associate of the licensee, has been
found guilty of an offence involving
15 fraud or dishonesty, whether or not in
Victoria, the maximum penalty for
which exceeds imprisonment for
3 months;
(d) the wagering and betting licensee has
20 contravened--
(i) a condition of the licence; or
(ii) the betting rules; or
(iii) a provision of this Act (being a
provision a contravention of
25 which does not constitute an
offence);
(e) the wagering and betting licensee has
contravened an agreement referred to in
section 4.3A.10 or 4.3A.20;
30 (f) the wagering and betting licensee has
failed to discharge financial obligations
to a person betting with the licensee;
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(g) the wagering and betting licensee
becomes an externally-administered
body corporate or otherwise becomes
insolvent;
5 (h) the wagering and betting licence was
obtained by a materially false or
misleading representation or in some
other improper way.
4.3A.27 Commission may take or recommend
10 disciplinary action
(1) If the Commission considers that there is a
ground for taking disciplinary action in
relation to a wagering and betting licence,
the Commission may give the wagering and
15 betting licensee written notice giving the
licensee an opportunity to show cause within
28 days why disciplinary action should not
be taken on the ground specified in the
notice.
20 (2) The licensee, within the period allowed by
the notice, may arrange with the Commission
for the making of submissions to the
Commission as to why disciplinary action
should not be taken.
25 (3) After considering any submissions made
under subsection (2), the Commission--
(a) may take either or both of the following
disciplinary actions--
(i) issue a letter of censure to the
30 licensee;
(ii) fine the licensee an amount not
exceeding an amount that is
50 000 times the value of a
penalty unit fixed by the Treasurer
35 under section 5(3) of the
Monetary Units Act 2004; or
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(b) may make a written report to the
Minister recommending that the
Minister take disciplinary action against
the licensee under section 4.3A.28.
5 (4) A report under subsection (3)(b) must
include the reasons for the findings and
recommendations contained in it.
(5) A letter of censure may censure the licensee
in respect of any matter connected with the
10 management or operation of its wagering and
betting business and may include a direction
to the licensee to rectify within a specified
time any matter giving rise to the letter of
censure.
15 (6) If a direction given under subsection (5) is
not complied with in the specified time, the
Commission may--
(a) fine the licensee an amount not
exceeding an amount that is 50 000
20 times the value of a penalty unit fixed
by the Treasurer under section 5(3) of
the Monetary Units Act 2004; or
(b) make a written report to the Minister
recommending that the Minister take
25 disciplinary action against the licensee
under section 4.3A.28.
(7) The Commission may fine the licensee under
subsection (6)(a) whether or not the
Commission has already fined the licensee
30 under subsection (3)(a)(ii) in relation to the
same matter.
(8) A fine imposed under this section may be
recovered in a court of competent
jurisdiction as a debt due to the State.
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4.3A.28 Minister may take disciplinary action
(1) If the Commission makes a report to the
Minister under section 4.3A.27, the Minister
may--
5 (a) take one of the following disciplinary
actions--
(i) amend the licence; or
(ii) suspend the licence; or
(iii) cancel the licence; or
10 (b) if the Minister considers that
disciplinary action under paragraph (a)
is not warranted, remit the matter to the
Commission with a request that the
Commission consider whether
15 disciplinary action should be taken
against the licensee under
section 4.3A.27(3)(a).
(2) In taking disciplinary action, the Minister--
(a) must take into account whether, in his
20 or her opinion, taking the action is in
the public interest; and
(b) is entitled to rely on the findings and
recommendations in the report of the
Commission under section 4.3A.27;
25 and
(c) is not required to give the licensee a
further opportunity to be heard or make
submissions.
(3) If the Minister remits a matter to the
30 Commission under subsection (1)(b), the
Commission is not required to give the
licensee a further opportunity to be heard or
make submissions before taking disciplinary
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action against the licensee under
section 4.3A.27(3)(a).
(4) Cancellation, suspension or amendment of a
licence under this section takes effect when
5 written notice is given to the licensee or on a
later date specified in the notice.
4.3A.29 Suspension of licence pending criminal
proceedings
(1) The Minister may suspend a wagering and
10 betting licence by giving written notice to the
wagering and betting licensee if the Minister
is satisfied that the licensee or an executive
officer of the licensee has been charged
with--
15 (a) an offence against a gaming Act or
gaming regulations; or
(b) an offence arising out of or in
connection with the management or
operation of a wagering and betting
20 business; or
(c) an indictable offence or an offence that,
if committed in Victoria, would be an
indictable offence, the nature and
circumstances of which, in the opinion
25 of the Minister, relate to the
management or operation of a wagering
and betting business.
(2) The Minister may, at any time, terminate or
reduce a period of suspension imposed under
30 subsection (1).
4.3A.30 Effect of licence suspension
A wagering and betting licence is of no
effect for the purposes of Part 2 while it is
suspended.
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Division 6--Temporary wagering and betting
licence
4.3A.31 Temporary wagering and betting licence
(1) If a wagering and betting licence (the
5 original licence) is cancelled, suspended or
surrendered under this Part, the Minister may
issue a temporary wagering and betting
licence and appoint a temporary wagering
and betting licensee for the period
10 determined by the Minister.
(2) The Minister may issue a temporary
wagering and betting licence only if satisfied
that--
(a) the temporary licensee has a physical
15 place of business in Victoria; and
(b) the temporary licensee is not a natural
person or a prohibited person within the
meaning of section 4.3A.3; and
(c) the issue of the temporary licence is in
20 the public interest, taking into account
each of the following matters--
(i) whether the temporary licensee,
and each associate of the
temporary licensee, is of good
25 repute, having regard to character,
honesty and integrity;
(ii) whether the temporary licensee, or
an associate of the temporary
licensee, has an association with a
30 person or body that is not of good
repute having regard to character,
honesty and integrity as a result of
which the temporary licensee or
the associate is likely to be
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significantly affected in an
unsatisfactory manner;
(iii) whether each executive officer of
the temporary licensee and any
5 other person determined by the
Minister to be concerned in or
associated with the ownership,
management or operation of the
temporary licensee's wagering and
10 betting business, is a suitable
person to act in that capacity;
(iv) whether the temporary licensee
has sufficient technical capability
and adequate systems to conduct
15 the activities to be authorised by
the licence;
(v) whether the temporary licensee is
of sound and stable financial
background;
20 (vi) whether the temporary licensee
has financial resources that are
adequate to ensure the financial
viability of a wagering and betting
business;
25 (vii) whether the temporary licensee
has the ability to maintain a
successful wagering and betting
business;
(viii) whether the temporary licensee
30 has demonstrated a commitment
to the promotion of a viable and
growing Victorian racing industry;
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(ix) any other matters that were
specified in the notice calling for
registrations of interest under
section 4.3A.3 in relation to the
5 original licence;
(x) any other matters the Minister
considers relevant; and
(d) that--
(i) the arrangements between the
10 former licensee and VicRacing or
Racing Products, as the case
requires, have been or, before the
temporary licence commences,
will be, concluded to the
15 reasonable satisfaction of the
parties; or
(ii) a reasonable opportunity has been
given for such a conclusion of
those arrangements; and
20 (e) that the temporary licensee has entered
into, or made a binding offer to enter
into, arrangements with VicRacing and
arrangements with Racing Products
that, in the opinion of the Minister, are
25 no less favourable to VicRacing and
Racing Products than those last in force
between the former licensee and
VicRacing or Racing Products, as the
case requires.
30 (3) A temporary wagering and betting licence is
issued on the terms and conditions the
Minister thinks fit and nothing in Division 2
(other than section 4.3A.14) applies to the
issue of the temporary licence.
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(4) In determining whether to grant or refuse a
licence application, the Minister--
(a) may consult any person the Minister
considers appropriate; and
5 (b) is entitled to rely on any findings or
recommendations contained in the
report of the Commission under
section 4.3A.32.
(5) In this section--
10 former licensee means the person who was
the wagering and betting licensee--
(a) under the original licence
immediately before its
cancellation, suspension or
15 surrender; or
(b) under a temporary wagering and
betting licence immediately before
its cancellation or other
termination.
20 4.3A.32 Report to Minister by Commission
(1) If the Minister is considering issuing a
temporary wagering and betting licence, the
Minister may request the Commission to
give a written report to the Minister--
25 (a) stating whether or not, in the
Commission's opinion, the matters of
which the Minister must be satisfied to
issue the temporary licence have been
made out; and
30 (b) containing any other information
required by the Minister.
(2) The Commission must comply with a request
of the Minister under this section.
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(3) The report may include any
recommendations the Commission thinks fit,
including recommendations as to any
appropriate licence conditions.
5 (4) The report must include the reasons for any
findings or recommendations contained in it.
Note
Division 1B of Part 4 of Chapter 10 provides for
investigations by the Commission for the purposes of
10 the Minister deciding whether or not to issue a
temporary wagering and betting licence.
4.3A.33 Arrangements with former licensee
(1) A temporary wagering and betting licensee
may enter into any arrangements that are
15 approved by the Minister with the former
licensee, including arrangements relating to
the use of assets and services of staff of the
former licensee.
(2) The former licensee must make available to
20 the temporary licensee on reasonable terms
any assets of, or under the control of, the
former licensee that are reasonably necessary
for arrangements under subsection (1).
Penalty: 100 penalty units.
25 (3) The former licensee must use its best
endeavours to make available any staff of the
former licensee that are reasonably necessary
for arrangements under subsection (1).
Penalty: 100 penalty units.
30 (4) In this section--
former licensee has the same meaning as in
section 4.3A.31.
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4.3A.34 Further provisions for temporary licence
(1) A temporary wagering and betting licence--
(a) may be extended once only for a period
determined by the Minister; and
5 (b) may be cancelled at any time by the
Minister; and
(c) if issued following the suspension of
the original licence--is cancelled by
the lifting or expiry of that suspension.
10 (2) If a temporary wagering and betting licence
(including a temporary licence issued under
this subsection) is cancelled or otherwise
terminates (other than under subsection
(1)(c)), the Minister may issue a further
15 temporary wagering and betting licence and
appoint a further temporary licensee for the
period determined by the Minister.
(3) For the avoidance of doubt, sections
4.3A.31(2), (3) and (4), 4.3A.32 and 4.3A.33
20 apply to the issue of a temporary licence
under subsection (2).
(4) The cumulative periods for which a
temporary wagering and betting licence may
be issued or extended under this Division
25 cannot exceed 3 years after the day on which
the original licence was cancelled, suspended
or surrendered (as the case may be).
Division 7--Further information-gathering
powers and obligations
30 4.3A.35 Definitions
In this Division--
applicant means applicant for a wagering
and betting licence;
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application means application for a wagering
and betting licence;
interested person means--
(a) an applicant; or
5 (b) a registrant; or
(c) an associate of an applicant or
registrant; or
(d) a person who the Secretary
considers may become an
10 associate of an applicant or
registrant;
registrant means registrant of interest in the
grant of a wagering and betting licence;
registration of interest means registration of
15 interest in the grant of a wagering and
betting licence.
4.3A.36 Secretary may require further
information
(1) The Secretary, by notice in writing, may
20 require an interested person to do any one or
more of the following--
(a) to provide, in accordance with
directions in the notice, any information
that is relevant to the consideration of
25 the application or registration of
interest and is specified in the notice;
(b) to produce, in accordance with
directions in the notice, any records
relevant to the consideration of the
30 application or registration of interest
that are specified in the notice and to
permit examination of the records, the
taking of extracts from them and the
making of copies of them;
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(c) to authorise a person described in the
notice to comply with a specified
requirement of the kind referred to in
paragraph (a) or (b);
5 (d) to provide the Secretary with any
authorities and consents the Secretary
requires for the purpose of enabling the
Secretary to obtain information
(including financial and other
10 confidential information) concerning
the interested person from other
persons.
(2) The Secretary may give any information
provided or record produced by an interested
15 person under subsection (1), or a copy of the
information or record, to the Commission if
the Secretary considers that the information
or record is relevant to an investigation or
inquiry by the Commission in relation to the
20 application or registration of interest.
(3) If an interested person refuses to comply
with a requirement under subsection (1)--
(a) the Secretary must notify the Minister
in writing as soon as practicable; and
25 (b) the Minister may refuse to consider the
application or registration of interest.
4.3A.37 Updating information provided to
Secretary
(1) If--
30 (a) the Secretary requires information
(including information in any records)
from an interested person under
section 4.3A.36; and
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(b) a change occurs in that information
before the application is granted or
refused or the Minister decides whether
or not to invite the registrant to apply
5 for the licence (as the case requires)--
the interested person must give the Secretary
written particulars of the change as soon as
practicable.
Penalty: 60 penalty units.
10 (2) The Secretary may give the particulars of a
change referred to in subsection (1) to the
Commission if the Secretary considers that
the particulars are relevant to an
investigation or inquiry by the Commission
15 in relation to the application or registration
of interest.
(3) When particulars of a change are given,
those particulars must then be considered to
have formed part of the original information,
20 for the purposes of the application of
subsection (1) to any further change in the
information provided.
4.3A.38 Updating information provided to
Minister regarding registration of interest
25 or licence application
(1) If a change occurs in any relevant
registration information before the Minister
decides whether or not to invite a registrant
to make an application, the registrant must
30 give the Minister written particulars of the
change as soon as practicable.
Penalty: 60 penalty units.
(2) If a change occurs in any relevant application
information before an application is granted
35 or refused, the applicant must give the
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Minister written particulars of the change as
soon as practicable.
Penalty: 60 penalty units.
(3) The Minister must give the particulars of a
5 change referred to in subsection (1) or (2) to
the Secretary.
(4) The Secretary may give the particulars of a
change referred to in subsection (1) or (2) to
the Commission if the Secretary considers
10 that the particulars are relevant to an
investigation or inquiry by the Commission
in relation to the registration of interest or
application (as the case requires).
(5) When particulars of a change are given,
15 those particulars must then be considered to
have formed part of the original registration
of interest or application, for the purposes of
the application of subsection (1) or (2) to any
further change in the relevant information.
20 (6) In this section--
relevant application information means--
(a) any information contained in an
application for a wagering and
betting licence; or
25 (b) any information contained in a
document that accompanied that
application; or
(c) any further information given to
the Minister by the applicant in
30 relation to that application.
relevant registration information means--
(a) any information provided by a
registrant in or in relation to a
registration of interest; or
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(b) any further information given to
the Minister by the registrant in
relation to the registration of
interest.
5 4.3A.39 Updating licence transfer application
(1) If a change occurs in any relevant
information before an application for transfer
of a wagering and betting licence is granted
or refused, the applicant must give the
10 Minister written particulars of the change as
soon as practicable.
Penalty: 60 penalty units.
(2) The Minister may give the particulars of a
change referred to in subsection (1) to the
15 Commission if the Minister considers that
the particulars are relevant to an
investigation or inquiry by the Commission
in relation to the application.
Penalty: 60 penalty units.
20 (3) When particulars of a change are given,
those particulars must then be considered to
have formed part of the original application,
for the purposes of the application of
subsection (1) to any further change in the
25 relevant information.
(4) In this section--
relevant information means--
(a) any information contained in an
application for transfer of a
30 wagering and betting licence; or
(b) any information contained in a
document that accompanied that
application; or
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(c) any further information given to
the Minister by the applicant in
relation to that application.
__________________".
5 10 New section 4.6.1 substituted
For section 4.6.1 of the Principal Act substitute--
"4.6.1 Commissions
(1) The licensee may deduct, or cause to be
deducted, as commission out of the total
10 amount invested in each totalisator
conducted by the licensee or wagering
operator on a wagering event or wagering
events, an amount not exceeding the
maximum amount specified in the betting
15 rules in relation to the relevant totalisator.
(2) The wagering and betting licensee may
deduct, or cause to be deducted, as
commission out of the total amount invested
in each totalisator conducted by the wagering
20 and betting licensee on a wagering event or
wagering events, an amount not exceeding
the maximum amount specified in the betting
rules in relation to the relevant totalisator.
Note
25 The maximum amount specified in the betting rules cannot
exceed 25% of the total amount invested in the totalisator--
see section 4.2.5(2B).".
11 Dividends
After section 4.6.2(3) of the Principal Act
30 insert--
"(4) The wagering and betting licensee, after
deduction of the wagering and betting
licensee's commissions under section
4.6.1(2), must pay by way of dividends all
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money invested in totalisators conducted by
the wagering and betting licensee on a
wagering event or wagering events.
(5) If no person nominates the winning
5 combination in a totalisator conducted by the
wagering and betting licensee, the wagering
and betting licensee may, unless otherwise
directed by the Commission, transfer the
money that would have been payable as
10 dividends in that totalisator to be added to
the money to form part of the money
available for dividends in respect of a
subsequent totalisator conducted by the
wagering and betting licensee.
15 (6) If, but for this subsection, a dividend would
include a fraction of 10 cents--
(a) if the fraction is less than 5 cents, the
wagering and betting licensee is not
required to include the fraction in the
20 dividend; and
(b) if the fraction is 5 cents or more, the
wagering and betting licensee is
required to include 5 cents in the
dividend.".
25 12 Commissions and dividends for approved betting
competitions
(1) At the end of section 4.6.4 of the Principal Act
insert--
"(2) The wagering and betting licensee may
30 deduct or cause to be deducted, as
commission out of the total amount invested
in each totalisator conducted by the wagering
and betting licensee on an approved betting
competition, an amount not exceeding 25%
35 of the amount so invested.".
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(2) In section 4.6.5(1) of the Principal Act, for
"section 4.6.4" substitute "section 4.6.4(1)".
(3) After section 4.6.5(3) of the Principal Act
insert--
5 "(4) The wagering and betting licensee, after the
deduction of the wagering and betting
licensee's commissions under section
4.6.4(2), must pay by way of dividends all
money invested in a totalisator conducted by
10 the wagering and betting licensee on an
approved betting competition.
(5) If no person nominates the winning
combination in a totalisator conducted by the
wagering and betting licensee on an
15 approved betting competition, the wagering
and betting licensee may, unless otherwise
directed by the Commission, transfer the
money that would have been payable as
dividends in that totalisator to be added to
20 the money to form part of the money
available for dividends in respect of a
subsequent totalisator conducted by the
wagering and betting licensee on an
approved betting competition.
25 (6) If, but for this section, a dividend would
include a fraction of 10 cents--
(a) if the fraction is less than 5 cents, the
wagering and betting licensee is not
required to include the fraction in the
30 dividend; and
(b) if the fraction is 5 cents or more, the
wagering and betting licensee is
required to include 5 cents in the
dividend.".
35 (4) In section 4.6.6(2)(a) of the Principal Act, for
"section 4.6.4" substitute "section 4.6.4(1)".
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13 New section 4.6.7A inserted
After section 4.6.7 of the Principal Act insert--
"4.6.7A Wagering and betting licensee to pay
charge
5 (1) The wagering and betting licensee must pay
to the Treasurer a supervision charge in the
instalments and in respect of the periods in
each financial year determined by the
Treasurer from time to time.
10 (2) The supervision charge is the amount in
respect of each financial year as the
Treasurer, after consultation with the
Minister, determines having regard to the
reasonable costs and expenses in respect of
15 the financial year incurred by the
Commission in carrying out its functions and
powers in respect of wagering and approved
betting competitions.
(3) The supervision charge is a tax.".
20 14 Hospitals and Charities Fund and unclaimed
refunds, dividends and prizes
(1) At the end of section 4.6.8 of the Principal Act
insert--
"(2) An amount or amounts equal to the premium
25 payment paid under section 4.3A.13 must be
paid out of the Consolidated Fund (which is
appropriated to the necessary extent), at the
time or times determined by the Treasurer,
into the Hospitals and Charities Fund.".
30 (2) After section 4.6.9(1) of the Principal Act
insert--
"(1A) On or before the last day of each month (the
payment month), the wagering and betting
licensee must pay to the Treasurer an amount
35 equal to the sum of all refunds, dividends
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and prizes that have remained unclaimed for
not less than 6 months on the first day of that
payment month less the expenses of the
wagering and betting licensee reasonably
5 incurred in searching for the persons entitled
to those refunds, dividends or prizes.".
(3) In section 4.6.9(2) of the Principal Act, after
"subsection (1)" insert "or (1A)".
15 Offences and compliance
10 (1) For section 4.7.1(1) of the Principal Act
substitute--
"(1) A person having the management or control
of, or employed by or acting in any capacity
for--
15 (a) the licensee or wagering operator; or
(b) the wagering and betting licensee; or
(c) a permit holder--
must not accept a bet from, or give or send a
ticket or acknowledgement in respect of a bet
20 to, any minor.
Penalty: 20 penalty units.".
(2) After section 4.7.1(3) of the Principal Act
insert--
"(4) The wagering and betting licensee must have
25 a clearly printed copy of subsection (2)
prominently displayed at every place where
bets are accepted by the wagering and
betting licensee.
Penalty: 20 penalty units.".
30 (3) In section 4.7.2 of the Principal Act--
(a) in subsection (1), after "operator" insert
", the wagering and betting licensee";
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(b) in subsection (4)--
(i) after "operator" (where first occurring)
insert ", the wagering and betting
licensee";
5 (ii) after "operator" (where secondly
occurring) insert ", wagering and
betting licensee";
(iii) in paragraph (d), after "operator" insert
"or the wagering and betting licensee".
10 16 New section 4.7.3 substituted
For section 4.7.3 of the Principal Act substitute--
"4.7.3 Tickets purportedly issued by licensee
(1) A person who is not--
(a) lawfully managing or controlling or
15 being employed by the licensee or
wagering operator, the wagering and
betting licensee or a permit holder; or
(b) an agent of the licensee, wagering
operator, wagering and betting licensee
20 or permit holder--
must not sell or offer to sell any ticket or
acknowledgment purporting to be issued by
the licensee, wagering operator, wagering
and betting licensee or permit holder in
25 respect of a bet.
Penalty: 60 penalty units.
(2) A person must not purchase a ticket or
acknowledgment purporting to be issued by
the licensee or wagering operator, the
30 wagering and betting licensee or a permit
holder in respect of a bet from any person
not authorised to sell it.
Penalty: 20 penalty units.".
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17 Further amendments regarding offences and
compliance
(1) In the Principal Act--
(a) in section 4.7.4, after "operator" insert
5 ", of the wagering and betting licensee";
(b) in section 4.7.5(3), for the definition of
relevant person substitute--
"relevant person means--
(a) the licensee or wagering operator,
10 the wagering and betting licensee
or a permit holder; or
(b) an associate of the licensee or
wagering operator, of the
wagering and betting licensee or
15 of a permit holder; or
(c) a person acting on behalf of the
licensee or wagering operator, the
wagering and betting licensee or a
permit holder.";
20 (c) in section 4.7.6, for "The licensee or
wagering operator or a permit holder, or an
agent or employee of the licensee, wagering
operator or permit holder" substitute
"The licensee or wagering operator, the
25 wagering and betting licensee or a permit
holder, or an agent or employee of the
licensee or wagering operator, wagering and
betting licensee or permit holder";
(d) in section 4.8.1, after "operator" insert
30 ", wagering and betting licensee".
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(2) After section 4.8.2(1) of the Principal Act
insert--
"(1A) The wagering and betting licensee must--
(a) keep and maintain separate accounts--
5 (i) for amounts invested in wagering;
(ii) for amounts invested in approved
betting competitions--
as approved by the Commission, at an
authorised deposit-taking institution or
10 institutions in the State for use for all
banking transactions arising under this
Chapter in relation to the wagering and
betting licensee; and
(b) from time to time provide the
15 Commission, as required, and in a form
approved by the Commission, with a
written authority addressed to the
authorised deposit-taking institution
referred to in paragraph (a) authorising
20 the authorised deposit-taking institution
to comply with any requirements of an
inspector exercising the powers
conferred by this section.
Penalty: 100 penalty units.".
25 (3) After section 4.8.3(1) of the Principal Act
insert--
"(1A) The wagering and betting licensee must keep
such accounting records as correctly record
and explain the transactions and financial
30 position of the operations of the wagering
and betting licensee.".
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(4) In section 4.8.3(4) of the Principal Act, after
"operator" (where twice occurring) insert
", the wagering and betting licensee".
(5) After section 4.8.4(1) of the Principal Act
5 insert--
"(1A) The wagering and betting licensee must
ensure that all documents relating to the
operations of the wagering and betting
licensee under this Chapter are--
10 (a) kept at the principal place of business
in Victoria of the wagering and betting
licensee or at such other place as the
Commission approves in writing; and
(b) retained for not less than 7 years after
15 the completion of the transactions to
which they relate.
Penalty: 60 penalty units.".
(6) In section 4.8.4(3) of the Principal Act, after
"operator" insert ", wagering and betting
20 licensee".
(7) In the heading to section 4.8.5 of the Principal
Act, for "wagering operator and permit
holders" substitute "books, accounts and
financial statements".
25 (8) At the foot of section 4.8.5(1) of the Principal Act
insert--
"Penalty: 60 penalty units.".
(9) After section 4.8.5(1) of the Principal Act
insert--
30 "(1A) The wagering and betting licensee must, as
soon as practicable after the end of each
financial year, cause the books, accounts and
financial statements of the wagering and
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betting licensee to be audited by an auditor
approved by the Commission.
Penalty: 60 penalty units.".
(10) In section 4.8.5(3) of the Principal Act, after
5 "operator" (wherever occurring) insert
", wagering and betting licensee".
(11) After section 4.8.5(3) of the Principal Act
insert--
"(3A) An officer or employee of the wagering
10 operator, wagering and betting licensee or
permit holder must comply with a
requirement under subsection (3)(b).
Penalty: 60 penalty units.".
(12) In section 4.8.5(4) of the Principal Act, after
15 "operator" insert ", wagering and betting
licensee".
(13) At the foot of section 4.8.5(4) of the Principal Act
insert--
"Penalty: 60 penalty units.".
20 (14) Omit the penalty at the foot of section 4.8.5(5) of
the Principal Act.
(15) After section 4.8.6(1) of the Principal Act
insert--
"(1A) The wagering and betting licensee must
25 submit to the Commission reports relating to
its operations under this Chapter.".
(16) In section 4.8.6(4) of the Principal Act, after
"operator" insert ", the wagering and betting
licensee".
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18 New Chapter 6A inserted
After Chapter 6 of the Principal Act insert--
"CHAPTER 6A--KENO
PART 1--INTRODUCTION
5 6A.1.1 Purpose
The purpose of this Chapter is to make
provision for the conduct and promotion of
keno games.
6A.1.2 Definitions
10 In this Chapter--
amount received by the keno licensee, in
relation to a keno game, includes
entries in the keno game for which
payment was not received by the keno
15 licensee;
keno revenue, in relation to a week, means
the amount received by the keno
licensee for keno games conducted by
the licensee in the week less the sum of
20 all prizes payable in respect of those
games;
keno venue means premises on which a keno
game is conducted by a keno licensee
in accordance with this Chapter.
25 __________________
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PART 2--KENO GAMES
Division 1--Legality of keno games
6A.2.1 Keno games conducted under this
Chapter are lawful
5 A keno game conducted or promoted in
accordance with a licence granted under this
Chapter is lawful and is not a public
nuisance.
6A.2.2 Keno not subject to Chapter 3
10 A keno game under this Chapter is not a
game that may be approved by the
Commission under Chapter 3.
Division 2--Conducting keno games
6A.2.3 Sale of tickets
15 (1) Tickets in a keno game must be sold in
accordance with the distribution
arrangements authorised under a keno
licence.
(2) A person must not knowingly sell a ticket in
20 a keno game to a minor.
Penalty: 20 penalty units.
(3) A minor must not buy or attempt to buy a
ticket in a keno game.
Penalty: 10 penalty units.
25 (4) A minor must not use any evidence
purporting to be evidence of his or her age in
order to buy a ticket in a keno game if the
evidence is false in a material particular in
relation to the minor.
30 Penalty: 10 penalty units.
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6A.2.4 Agents of licensee
(1) A person who is not an agent of the keno
licensee must not hold out themselves as an
agent of the licensee.
5 Penalty: 60 penalty units or imprisonment
for 6 months or both.
(2) The keno licensee may accredit in writing
agents of the licensee to sell tickets in keno
games.
10 (3) The keno licensee must give the Commission
the names and addresses of agents accredited
by the licensee and of any other agents and
contractors to be used by the licensee in
conducting keno games.
15 6A.2.5 Approval of keno system
(1) The keno licensee must not conduct a keno
game unless the licensee uses a keno system
that has been approved by the Commission.
(2) The keno licensee must not conduct a keno
20 game using a keno system that has been
varied from the system approved by the
Commission unless the variation has been
approved by the Commission.
(3) The Commission may approve--
25 (a) a keno system; or
(b) a variation to a keno system--
for use by the licensee.
(4) The Commission may make an approval to
use, or a variation of an approval to use, a
30 keno system subject to any conditions that it
thinks fit.
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(5) A function of the Commission under this
section may be performed by any
commissioner.
6A.2.6 Security of certain equipment
5 (1) The keno licensee operating a keno system
must ensure that only persons authorised by
the licensee have physical access to the
central processing unit and game result
determination device of the keno system.
10 (2) Equipment at a keno venue which is used for
the conduct or monitoring of keno games
must not be accessible to the public unless it
is intended for public use.
6A.2.7 Defective machinery, equipment and
15 computer systems
(1) The Commission may order the keno
licensee to repair or withdraw from use any
defective machinery, equipment or computer
system used in connection with keno games.
20 (2) A function of the Commission under this
section may be performed by any
commissioner.
6A.2.8 Unlawful interference with keno system
A person must not--
25 (a) be in possession of any device made or
adapted, or intended by the person to be
used, for improperly interfering with
any machinery, equipment or computer
system used in connection with keno
30 games; or
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(b) do any act or thing calculated, or likely,
to improperly interfere with any
machinery, equipment or computer
system used in connection with keno
5 games.
Penalty: 1000 penalty units or
imprisonment for 2 years or both.
6A.2.9 Use of defective keno machinery,
equipment or computer system
10 The keno licensee, or an agent of the licensee
on whose premises the machinery,
equipment or computer system is located,
must not allow any machinery, equipment or
computer system that--
15 (a) is used in connection with keno games;
and
(b) does not function in the manner in
which it was designed and programmed
to function--
20 to be used, other than for testing purposes,
until it is functioning in the manner in which
it was designed and programmed to function.
Penalty: 100 penalty units.
6A.2.10 Credit and loans
25 The keno licensee or an agent of the licensee
or an employee of either of them must not
make a loan or extend credit in any form to
any person to enable that person or any other
person to play a keno game.
30 Penalty: 100 penalty units.
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6A.2.11 Keno rules
(1) The keno licensee must make rules, not
inconsistent with this Act and the
regulations, for or with respect to the
5 conduct of keno games.
(2) The keno licensee must not conduct a keno
game unless--
(a) rules for the conduct of keno games are
in force; and
10 (b) the keno game is conducted in
accordance with those rules.
Penalty: 100 penalty units.
(3) Without limiting subsection (1), the rules
must provide for the following--
15 (a) the manner of entering a keno game;
(b) the recording of entries in a keno game;
(c) the determination of the entitlement, if
any, of a player to a prize or a bonus
prize in a keno game;
20 (d) the payment of prizes in, or the refund
of money paid to enter, a keno game;
(e) the publication of results in a keno
game.
(4) As soon as practicable after making rules for
25 the conduct of keno games, the licensee must
give a copy of the rules to the Commission.
(5) Rules for the conduct of keno games, as in
force when an entry to a keno game is
accepted, form part of the contract between
30 the licensee and the player.
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6A.2.12 Commencement of rules
(1) Rules made under section 6A.2.11 come into
force on the day specified in the rules, being
a day--
5 (a) at least 4 weeks after the day on which
the rules are made; or
(b) an earlier day approved by the
Commission, not being a day before the
rules are made.
10 (2) An approval under subsection (1)(b) must be
in writing.
(3) Despite subsection (1), rules made under
section 6A.2.11 cannot come into force
before notice of making them is published in
15 accordance with section 6A.2.13.
6A.2.13 Publication and inspection of keno rules
(1) The keno licensee must publish notice of the
making of rules for the conduct of keno
games in the Government Gazette.
20 (2) The keno licensee, or an agent of the
licensee, who accepts entries in a keno game
must--
(a) make available a complete copy of the
rules for the conduct of keno games for
25 inspection by any person free of charge
on request; and
(b) at each place or point at which those
entries are accepted, display a notice
stating that the rules are available for
30 inspection.
(3) A notice under subsection (2)(b) must be in
the form approved by the Commission.
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6A.2.14 Disallowance of keno rules
(1) The Commission may disallow rules made
under section 6A.2.11, in whole or in part, at
any time by giving written notice to the keno
5 licensee if--
(a) the Commission is satisfied that the
rules are--
(i) unfair to players; or
(ii) unreasonable; or
10 (iii) contrary to the public interest; or
(b) the Minister has requested the
Commission to disallow the rules under
subsection (3).
(2) The Commission may refer rules made under
15 section 6A.2.11 to the Minister if the
Commission considers that the Minister
ought to consider whether the rules should be
disallowed.
(3) The Minister may request the Commission to
20 disallow rules made under section 6A.2.11
(whether or not they were referred to the
Minister under subsection (2)) if the Minister
considers that the rules--
(a) are not in the public interest; or
25 (b) would result in the keno game being of
a different character from the keno
games authorised to be conducted by
section 6A.3.1.
(4) The disallowance of rules made under
30 section 6A.2.11 takes effect on the day
specified in the notice of disallowance, being
a day that is at least 3 days after the notice is
given to the licensee.
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(5) If, before the rules are made under section
6A.2.11, the Commission consents in writing
to the making of the rules in the form in
which they are made, the Commission must
5 not disallow the rules or any part of them
within the period of 6 months after they are
made, unless the Minister requests
disallowance under subsection (3).
(6) A function of the Commission under this
10 section may be performed by the Executive
Commissioner.
__________________
PART 3--KENO LICENCE
Division 1--Authority and number of keno
15 licences
6A.3.1 Authority of keno licence
A keno licence authorises the keno licensee,
or an agent of the licensee, to conduct keno
games subject to this Act and the regulations,
20 and any conditions to which the licence is
subject.
6A.3.2 One licence
This Chapter does not authorise the
operation at the same time of more than one
25 keno licence.
Division 2--Licensing procedure
6A.3.3 Registration of interest
(1) The Minister, by notice published in the
Government Gazette, may call for
30 registrations of interest in the grant of a keno
licence.
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(2) A notice published under subsection (1) must
specify--
(a) the procedure for registering an interest
in the grant of the licence; and
5 (b) the information to be provided by a
registrant; and
(c) the matters concerning a registrant on
which the Secretary will report to the
Minister; and
10 (d) any other matters that the Minister
considers relevant to the registration of
interest.
(3) A person who--
(a) has a physical place of business in
15 Victoria; and
(b) is not a natural person--
may register interest in the grant of a keno
licence by--
(c) following the procedure specified under
20 subsection (2)(a); and
(d) providing to the Minister the
information specified under
subsection (2)(b).
(4) The Minister must consider each registration
25 of interest and, if the registration of interest
satisfies all of the requirements made by or
specified under this section, the Minister
must refer the registration of interest to the
Secretary for a report under section 6A.3.4.
30 (5) If a registrant fails to satisfy a requirement
made by or specified under this section, the
Minister may refuse to consider, or consider
further, the registration of interest or to refer
it to the Secretary.
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(6) After consideration of the Secretary's report
under section 6A.3.4 and any other matters
that the Minister considers relevant, the
Minister--
5 (a) may invite one or more registrants to
apply for a keno licence, if the Minister
is of the opinion that an invitation is in
the public interest; or
(b) may decide not to invite any of the
10 registrants to apply for a keno licence.
6A.3.4 Report to Minister by Secretary on
registrations of interest
The Secretary must give a written report to
the Minister in writing on the matters
15 specified under section 6A.3.3(2)(c) in
relation to each registration of interest
referred to him or her by the Minister.
Note
Division 1A of Part 4 of Chapter 10 provides for the
20 investigation of a registration of interest in the grant
of a keno licence.
6A.3.5 Application for licence
(1) A person who has been invited by the
Minister under section 6A.3.3(6) to apply for
25 a keno licence may apply to the Minister for
the licence.
(2) A licence application--
(a) must be in the form, contain the
information and be accompanied by the
30 documents required by the Minister;
and
(b) must be lodged in accordance with the
procedural requirements, if any,
specified by the Minister.
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(3) The Minister may require an applicant to
provide any further information to the
Minister in connection with the application.
(4) The Minister must refer each licence
5 application to the Secretary for a report
under section 6A.3.6.
(5) If a requirement made by this section is not
complied with, the Minister may refuse to
consider the application or to refer it to the
10 Secretary.
Note
Division 1A of Part 4 of Chapter 10 provides for the
investigation of an application for a wagering and
betting licence.
15 6A.3.6 Report to Minister by Secretary on
applications
(1) The Secretary must give a written report to
the Minister on each licence application--
(a) stating whether or not, in the
20 Secretary's opinion, the matters of
which the Minister must be satisfied to
grant the licence application have been
made out; and
(b) containing any other information
25 required by the Minister.
(2) The report may include any
recommendations the Secretary thinks fit,
including recommendations as to any
appropriate licence conditions.
30 (3) The report must include the reasons for any
findings or recommendations contained in it.
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6A.3.7 Determination of applications
(1) The Minister is to determine whether to
grant or refuse a licence application after
receiving the report of the Secretary under
5 section 6A.3.6.
(2) The Minister may grant a licence application
only if he or she is satisfied that the granting
of the application is in the public interest,
taking into account each of the following
10 matters--
(a) whether the applicant, and each
associate of the applicant, is of good
repute, having regard to character,
honesty and integrity;
15 (b) whether the applicant, or an associate
of the applicant, has an association with
a person or body that is not of good
repute having regard to character,
honesty and integrity as a result of
20 which the applicant or the associate is
likely to be significantly affected in an
unsatisfactory manner;
(c) whether each executive officer of the
applicant and any other person
25 determined by the Minister to be
concerned in or associated with the
ownership, management or operation of
the applicant's keno business, is a
suitable person to act in that capacity;
30 (d) whether the applicant has sufficient
technical capability and adequate
systems to conduct the activities to be
authorised by the licence;
(e) whether the applicant is of sound and
35 stable financial background;
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(f) whether the applicant has financial
resources that are adequate to ensure
the financial viability of a keno
business;
5 (g) whether the applicant has the ability to
establish and maintain a successful
keno business;
(h) any other matters that were specified in
the notice calling for registrations of
10 interest under section 6A.3.3;
(i) any other matters the Minister
considers relevant.
(3) In determining whether to grant or refuse a
licence application, the Minister is entitled to
15 rely on any findings or recommendations
contained in the report of the Secretary under
section 6A.3.6.
(4) If the Minister refuses a licence application,
he or she must give written notice to the
20 applicant.
6A.3.8 Issue of licence
(1) If the Minister grants a licence application,
he or she must issue a keno licence to the
applicant.
25 (2) A keno licence cannot be issued that has
effect, otherwise than as provided by section
6A.3.12, at any time while the participants
are authorised to conduct or promote club
keno games under Chapter 6.
30 6A.3.9 Licence conditions
The Minister may impose any conditions he
or she thinks fit on a keno licence,
including--
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(a) conditions referred to in any other
provision in this Chapter;
(b) conditions that leave any matter or
thing to be from time to time
5 determined, applied, dispensed with or
regulated by the Commission or the
Minister.
6A.3.10 Related agreements
Despite section 6A.3.8, the Minister may
10 refuse to issue a keno licence unless the
applicant or any other person requested by
the Minister (or both) enters into one or more
agreements with the Minister dealing with
matters related to the licence.
15 6A.3.11 Duration of licence
(1) A keno licence--
(a) takes effect at the time of issue or at the
later time specified in the licence; and
(b) is valid for 10 years, unless terminated
20 earlier in accordance with this Chapter.
(2) A keno licence cannot be renewed, but a
person who holds or has held a keno licence
may apply for a subsequent keno licence, if
invited by the Minister to do so.
25 6A.3.12 Licence may authorise preparatory action
(1) This section applies to a keno licence if the
licence takes effect at a time specified in the
licence that is later than the time of issue of
the licence.
30 (2) The keno licence may authorise the keno
licensee to take preparatory action from a
time specified in the licence (which may be
the time of issue) even though the licence
has not taken effect.
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(3) An authorisation under subsection (2) may
specify a single time from which any
preparatory action may be taken or different
times from which different kinds of
5 preparatory action may be taken.
(4) Any time specified from which preparatory
action may be taken must not be more than
18 months before the time the licence takes
effect.
10 (5) Despite section 6A.3.11(1)(a), the keno
licence is taken to be in effect for the
purpose of any preparatory action taken in
accordance with an authorisation under
subsection (2).
15 (6) No account is to be had to this section in
determining the term of the licence under
section 6A.3.11(1)(b).
(7) In this section--
preparatory action means anything
20 necessary or convenient to be done for
the purpose of conducting any activities
authorised by the keno licence, but does
not include the selling of tickets in a
keno game or determining the outcome
25 of a keno game.
6A.3.13 Premium payment
(1) The Minister may require the keno licensee
to pay, as consideration for a keno licence,
one or more amounts determined by the
30 Minister as the premium payment.
(2) The Minister may determine the premium
payment as--
(a) a single amount payable on the issue of
the licence, or by the later time
35 determined by the Minister; or
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(b) an amount payable each year for the
duration of the licence at the time
determined by the Minister.
(3) The premium payment is a tax.
5 6A.3.14 Publication and tabling
(1) The Minister must cause--
(a) notice to be published in the
Government Gazette--
(i) of the issue of a keno licence, as
10 soon as practicable after the
licence is issued; and
(ii) of the making of any agreement
referred to in section 6A.3.10, as
soon as practicable after the
15 agreement is made; and
(b) a copy of a keno licence to be--
(i) given to the Commission as soon
as practicable after the licence is
issued; and
20 (ii) subject to subsection (2),
presented to each House of
Parliament within 7 sitting days of
the House after the licence is
issued; and
25 (c) a copy of any agreement referred to in
section 6A.3.10 to be--
(i) given to the Commission as soon
as practicable after the agreement
is made; and
30 (ii) subject to subsection (2),
presented to each House of
Parliament within 7 sitting days of
the House after the agreement is
made.
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(2) Before complying with subsection (1)(b)(ii)
or (c)(ii), the Minister--
(a) may exclude information from the
licence or agreement if the Minister is
5 of the opinion that the information
relates to matters of a business,
commercial or financial nature the
disclosure of which would be likely to
expose any person unreasonably to
10 disadvantage; and
(b) must notify the Commission as soon as
practicable whether or not any
information has been excluded under
paragraph (a) and, if it has been,
15 specify the information excluded.
(3) Subject to subsection (4), the Commission
must cause a copy of a keno licence and any
agreements referred to in section 6A.3.10 to
be made available on its website as soon as
20 practicable after notification from the
Minister under subsection (2)(b).
(4) If the Minister has excluded information
from the licence or agreement under
subsection (2), the Commission must
25 exclude that information from the copy of
the licence or agreement it makes available
under subsection (3).
6A.3.15 Engaging contractors and appointing
agents to assist with keno games
30 (1) A keno licence may authorise the keno
licensee to engage a person on contract, or to
appoint an agent, to assist in the conduct of
keno games authorised by the licence.
(2) For the avoidance of doubt, the engagement
35 of a person or the appointment of an agent by
the keno licensee does not affect any
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function or obligation of the licensee under a
gaming Act or gaming regulations.
Division 3--Transfer of licence
6A.3.16 Transfer only under this Division
5 A keno licence is not transferable to any
other person except in accordance with this
Division.
6A.3.17 Application to transfer licence
(1) A keno licensee may apply to the Minister to
10 transfer the keno licence to another person
(the transferee).
(2) An application--
(a) must be in the form, contain the
information and be accompanied by the
15 documents required by the Minister;
and
(b) must be accompanied by the prescribed
fee (if any).
(3) If no fee is prescribed for the purposes of
20 subsection (2)(b), the Minister, by written
notice, may require the keno licensee to pay
to the Minister the amount determined by the
Minister, being an amount not exceeding the
reasonable costs of the Minister and the
25 Department administered by the Minister in
considering the application.
(4) The Minister may require costs payable
under subsection (3) to be paid by
instalments or at any time before, during or
30 after the Minister's consideration of the
application, whether or not the application is
granted.
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(5) Costs payable under subsection (3) may be
recovered in a court of competent
jurisdiction as a debt due to the State.
(6) The Minister may refer the application to the
5 Commission for a report under
section 6A.3.19.
6A.3.18 Transfer of a keno licence
(1) On application under section 6A.3.17, the
Minister may transfer the keno licence to the
10 transferee if the Minister is satisfied of the
matters specified in subsections (2), (3), (4)
and (5).
(2) The Minister must be satisfied--
(a) that--
15 (i) the transferee is a wholly-owned
subsidiary of the keno licensee; or
(ii) the transferee and the keno
licensee are both wholly-owned
subsidiaries of a third company;
20 and
(b) that the transferee has a physical place
of business in Victoria; and
(c) that the transferee is not a natural
person.
25 (3) The Minister must be satisfied that the
transfer of the keno licence to the transferee
is in the public interest, taking into account
each of the following matters--
(a) whether the transferee, and each
30 associate of the transferee, is of good
repute, having regard to character,
honesty and integrity;
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(b) whether the transferee, or an associate
of the transferee, has an association
with a person or body that is not of
good repute having regard to character,
5 honesty and integrity as a result of
which the transferee or the associate is
likely to be significantly affected in an
unsatisfactory manner;
(c) whether each executive officer of the
10 transferee and any other person
determined by the Minister to be
concerned in or associated with the
ownership, management or operation of
the transferee's keno business, is a
15 suitable person to act in that capacity;
(d) whether the transferee has sufficient
technical capability and adequate
systems to conduct the activities
authorised by the licence;
20 (e) whether the transferee is of sound and
stable financial background;
(f) whether the transferee has financial
resources that are adequate to ensure
the financial viability of a keno
25 business; and
(g) whether the transferee has the ability to
establish and maintain a successful
keno business;
(h) any other matters that were specified in
30 the notice calling for registrations of
interest under section 6A.3.3 in relation
to the keno licence;
(i) any other matters the Minister
considers relevant.
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(4) The Minister must be satisfied that the
transfer of the licence to the transferee would
not result in a person who is not currently an
associate of the licensee, or not approved by
5 the Minister to become an associate of the
licensee, becoming an associate of the
transferee.
(5) The Minister must be satisfied that the
transferee is capable of meeting the
10 obligations of the keno licensee under any
agreements referred to in section 6A.3.10.
(6) The Minister may refuse to transfer the keno
licence unless a company approved by the
Minister that is an associate of the transferee
15 has given the transferee an irrevocable
guarantee and indemnity, in the form
approved by the Treasurer, in respect of the
financial obligations of the transferee.
(7) In determining whether to grant or refuse an
20 application to transfer the keno licence, the
Minister is entitled to rely on any findings or
recommendations contained in the report of
the Commission under section 6A.3.19.
(8) If the Minister transfers the keno licence, the
25 transferee becomes the keno licensee and
assumes all the obligations and liabilities of
the keno licensee under this Act.
6A.3.19 Report to Minister by Commission
(1) If the Minister has referred to the
30 Commission an application to transfer the
keno licence, the Commission must give a
written report to the Minister on the
application--
(a) stating whether or not, in the
35 Commission's opinion, the matters of
which the Minister must be satisfied to
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transfer the licence have been made
out; and
(b) containing any other information
required by the Minister.
5 (2) The report may include any
recommendations the Commission thinks fit,
including recommendations as to any
appropriate licence conditions.
(3) The report must include the reasons for any
10 findings or recommendations contained in it.
Note
Division 1B of Part 4 of Chapter 10 provides for the
investigation by the Commission of an application to
transfer a keno licence.
15 6A.3.20 Related agreements
The Minister may refuse to transfer a keno
licence unless--
(a) the keno licensee and any other person
who is party to an agreement referred to
20 in section 6A.3.10 relating to the
licence executes any document
requested by the Minister in relation to
that agreement; and
(b) the transferee or any other person
25 requested by the Minister (or both)
enters into one or more agreements
with the Minister dealing with matters
related to the licence, including any
agreement referred to in section
30 6A.3.10 or any further agreement.
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6A.3.21 Publication and tabling
(1) The Minister must cause--
(a) notice to be published in the
Government Gazette--
5 (i) of the transfer of a keno licence,
as soon as practicable after the
licence is transferred; and
(ii) of the execution of any document
referred to in section 6A.3.20(a)
10 or of the entering into of any
agreement referred to in section
6A.3.20(b), as soon as practicable
after the document is executed or
the agreement is entered into; and
15 (b) a copy of the transfer of a keno licence
to be--
(i) given to the Commission as soon
as practicable after the licence is
transferred; and
20 (ii) subject to subsection (2),
presented to each House of
Parliament within 7 sitting days of
the House after the licence is
transferred; and
25 (c) a copy of any document referred to in
section 6A.3.20(a) or any agreement
referred to in section 6A.3.20(b) to
be--
(i) given to the Commission as soon
30 as practicable after the document
is executed or the agreement is
entered into; and
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(ii) subject to subsection (2),
presented to each House of
Parliament within 7 sitting days of
the House after the document is
5 executed or the agreement is
entered into.
(2) Before complying with subsection (1)(b)(ii)
or (c)(ii), the Minister--
(a) may exclude information from the
10 transfer, document or agreement if the
Minister is of the opinion that the
information relates to matters of a
business, commercial or financial
nature the disclosure of which would be
15 likely to expose any person
unreasonably to disadvantage; and
(b) must notify the Commission as soon as
practicable whether or not any
information has been excluded under
20 paragraph (a) and, if it has been,
specify the information excluded.
(3) Subject to subsection (4), the Commission
must cause a copy of a transfer of a keno
licence and any document referred to in
25 section 6A.3.20(a) or agreement referred to
in section 6A.3.20(b) to be made available
on its website as soon as practicable after
receiving notification from the Minister
under subsection (2)(b).
30 (4) If the Minister has excluded information
from the transfer, document or agreement
under subsection (2), the Commission must
exclude that information from the copy of
the transfer, document or agreement it makes
35 available under subsection (3).
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Division 4--Amendment and surrender of
licence
6A.3.22 Request by licensee for amendment of
licence
5 (1) The keno licensee may request the Minister
to amend a keno licence.
(2) A request for a licence amendment--
(a) must be in writing; and
(b) must include the reasons for the
10 requested amendment; and
(c) must be accompanied by the prescribed
fee (if any).
(3) The Minister may require the licensee to
provide any further information or any
15 documents to the Minister in connection with
the request.
(4) If this section or a requirement made by the
Minister under this section is not complied
with, the Minister may refuse to consider the
20 request.
(5) If no fee is prescribed for the purposes of
subsection (2)(c), the Minister, by written
notice, may require the keno licensee to pay
to the Minister the amount determined by the
25 Minister, being an amount not exceeding the
reasonable costs of the Minister and the
Department administered by the Minister in
considering the request.
(6) The Minister may require costs payable
30 under subsection (5) to be paid by
instalments or at any time before, during or
after the Minister's consideration of the
request, whether or not the Minister decides
to make the requested amendment.
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(7) Costs payable under subsection (5) may be
recovered in a court of competent
jurisdiction as a debt due to the State.
6A.3.23 Amendment of licence
5 (1) The Minister must decide whether to make
an amendment requested under section
6A.3.22, either with or without changes from
that originally requested, and must give
written notice of the decision to the keno
10 licensee.
(2) In deciding whether or not to make an
amendment, the Minister must take into
account whether, in his or her opinion, the
amendment is in the public interest.
15 (3) If the Minister amends a keno licence under
this section, the Minister must cause--
(a) notice of the amendment to be
published in the Government Gazette as
soon as practicable after the licence is
20 amended; and
(b) a copy of the amendment to be--
(i) given to the Commission as soon
as practicable after the licence is
amended; and
25 (ii) subject to subsection (4),
presented to each House of
Parliament within 7 sitting days of
the House after the licence is
amended.
30 (4) Before complying with subsection (3)(b)(ii),
the Minister--
(a) may exclude information from the
amendment, or the licence as amended,
if the Minister is of the opinion that the
35 information relates to matters of a
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business, commercial or financial
nature the disclosure of which would be
likely to expose any person
unreasonably to disadvantage; and
5 (b) must notify the Commission as soon as
practicable whether or not any
information has been excluded under
paragraph (a) and, if it has been,
specify the information excluded.
10 (5) Subject to subsection (6), the Commission
must cause a copy of the amendment, or the
licence as amended, to be made available on
its website as soon as practicable after
receiving notification from the Minister
15 under subsection (4)(b).
(6) If the Minister has excluded information
from an amendment under subsection (4), the
Commission must exclude that information
from the copy of the amendment, or the
20 licence as amended, it makes available under
subsection (5).
(7) An amendment takes effect when notice of
the decision to make the amendment is given
to the licensee under subsection (1) or on a
25 later date specified in the notice.
6A.3.24 Surrender of licence
(1) The keno licensee may surrender a keno
licence by giving at least 12 months' written
notice to the Minister.
30 (2) The surrender takes effect only if the
Minister consents to the surrender.
(3) The Minister may consent subject to any
conditions he or she thinks fit, and those
conditions remain in effect after the
35 surrender in accordance with their terms.
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Division 5--Monitoring and disciplinary action
6A.3.25 Associates of licensee
(1) If it is within the keno licensee's power to do
so, the licensee must ensure that a person
5 does not become an associate of the licensee
except with the prior written approval of the
Commission.
Penalty: 60 penalty units.
(2) On application by the licensee, the
10 Commission may grant its approval, but
must not grant its approval unless satisfied
that the person is a suitable person to be
associated with the management of a keno
business.
15 (3) If the Commission refuses to grant its
approval--
(a) the Commission must notify the
licensee in writing; and
(b) to the extent that it is within the
20 licensee's power to do so, the licensee
must ensure--
(i) that the person does not become
an associate; or
(ii) if the person becomes or has
25 become an associate, that the
person ceases to be an associate of
the licensee within 28 days after
the licensee is notified by the
Commission under paragraph (a).
30 Note
Division 1 of Part 4 of Chapter 10 provides for the
investigation of an application to approve a person to
become an associate of the keno licence.
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(4) The keno licensee must notify the
Commission in writing of the likelihood of a
person becoming an associate of the licensee
as soon as practicable after the licensee
5 becomes aware of that likelihood.
Penalty: 60 penalty units.
(5) The keno licensee must notify the
Commission in writing of any person
becoming an associate of the licensee within
10 7 days after becoming aware that the person
has become an associate.
Penalty: 60 penalty units.
6A.3.26 Grounds for disciplinary action
Each of the following is a ground for
15 disciplinary action in relation to a keno
licence--
(a) the keno licensee is not, or is no longer,
a suitable person or body to conduct the
activities authorised by the licence;
20 (b) the keno licensee has been found guilty
of an offence against a gaming Act;
(c) the keno licensee, or an associate of the
licensee, has been found guilty of an
offence involving fraud or dishonesty,
25 whether or not in Victoria, the
maximum penalty for which exceeds
imprisonment for 3 months;
(d) the keno licensee has contravened--
(i) a condition of the licence; or
30 (ii) the keno rules; or
(iii) a provision of this Act (being a
provision a contravention of
which does not constitute an
offence);
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(e) the keno licensee has contravened an
agreement referred to in section
6A.3.10 or 6A.3.20;
(f) the keno licensee has failed to
5 discharge financial obligations to a
player;
(g) the keno licensee becomes an
externally-administered body corporate
or otherwise becomes insolvent;
10 (h) the keno licence was obtained by a
materially false or misleading
representation or in some other
improper way.
6A.3.27 Commission may take or recommend
15 disciplinary action
(1) If the Commission considers that there is a
ground for taking disciplinary action in
relation to a keno licence, the Commission
may give the keno licensee written notice
20 giving the licensee an opportunity to show
cause within 28 days why disciplinary action
should not be taken on the ground specified
in the notice.
(2) The licensee, within the period allowed by
25 the notice, may arrange with the Commission
for the making of submissions to the
Commission as to why disciplinary action
should not be taken.
(3) After considering any submissions made
30 under subsection (2), the Commission--
(a) may take either or both of the following
disciplinary actions--
(i) issue a letter of censure to the
licensee;
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(ii) fine the licensee an amount not
exceeding an amount that is 5000
times the value of a penalty unit
fixed by the Treasurer under
5 section 5(3) of the Monetary
Units Act 2004; or
(b) may make a written report to the
Minister recommending that the
Minister take disciplinary action against
10 the licensee under section 6A.3.28.
(4) A report under subsection (3)(b) must
include the reasons for the findings and
recommendations contained in it.
(5) A letter of censure may censure the licensee
15 in respect of any matter connected with the
management or operation of its keno
business and may include a direction to the
licensee to rectify within a specified time any
matter giving rise to the letter of censure.
20 (6) If a direction given under subsection (5) is
not complied with in the specified time, the
Commission may--
(a) fine the licensee an amount not
exceeding an amount that is 5000 times
25 the value of a penalty unit fixed by the
Treasurer under section 5(3) of the
Monetary Units Act 2004; or
(b) make a written report to the Minister
recommending that the Minister take
30 disciplinary action against the licensee
under section 6A.3.28.
(7) The Commission may fine the licensee under
subsection (6)(a) whether or not the
Commission has already fined the licensee
35 under subsection (3)(a)(ii) in relation to the
same matter.
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(8) A fine imposed under this section may be
recovered in a court of competent
jurisdiction as a debt due to the State.
6A.3.28 Minister may take disciplinary action
5 (1) If the Commission makes a report to the
Minister under section 6A.3.27, the Minister
may--
(a) take any one of the following
disciplinary actions--
10 (i) amend the licence; or
(ii) suspend the licence; or
(iii) cancel the licence; or
(b) if the Minister considers that
disciplinary action under paragraph (a)
15 is not warranted, remit the matter to the
Commission with a request that the
Commission consider whether
disciplinary action should be taken
against the licensee under
20 section 6A.3.27(3)(a).
(2) In taking disciplinary action, the Minister--
(a) must take into account whether, in his
or her opinion, taking the action is in
the public interest; and
25 (b) is entitled to rely on the findings and
recommendations in the report of the
Commission under section 6A.3.27;
and
(c) is not required to give the licensee a
30 further opportunity to be heard or make
submissions.
(3) If the Minister remits a matter to the
Commission under subsection (1)(b), the
Commission is not required to give the
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licensee a further opportunity to be heard or
make submissions before taking disciplinary
action against the licensee under section
6A.3.27(3)(a).
5 (4) Cancellation, suspension or amendment of a
licence under this section takes effect when
written notice is given to the licensee or on a
later date specified in the notice.
6A.3.29 Suspension of licence pending criminal
10 proceedings
(1) The Minister may suspend a keno licence by
giving written notice to the keno licensee if
the Minister is satisfied that the licensee or
an executive officer of the licensee has been
15 charged with--
(a) an offence against a gaming Act or
gaming regulations; or
(b) an offence arising out of or in
connection with the management or
20 operation of a keno business; or
(c) an indictable offence or an offence that,
if committed in Victoria, would be an
indictable offence, the nature and
circumstances of which, in the opinion
25 of the Minister, relate to the
management or operation of a keno
business.
(2) The Minister may, at any time, terminate or
reduce a period of suspension imposed under
30 subsection (1).
6A.3.30 Effect of licence suspension
A keno licence is of no effect for the
purposes of Part 2 while it is suspended.
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Division 6--Temporary keno licence
6A.3.31 Temporary keno licence
(1) If a keno licence (the original licence) is
cancelled, suspended or surrendered under
5 this Part, the Minister may issue a temporary
keno licence and appoint a temporary keno
licensee for the period determined by the
Minister.
(2) The Minister may issue a temporary keno
10 licence only if satisfied that--
(a) the temporary licensee has a physical
place of business in Victoria; and
(b) the temporary licensee is not a natural
person; and
15 (c) the issue of the temporary licence is in
the public interest, taking into account
each of the following matters--
(i) whether the temporary licensee,
and each associate of the
20 temporary licensee, is of good
repute, having regard to character,
honesty and integrity;
(ii) whether the temporary licensee, or
an associate of the temporary
25 licensee, has an association with a
person or body that is not of good
repute having regard to character,
honesty and integrity as a result of
which the temporary licensee or
30 the associate is likely to be
significantly affected in an
unsatisfactory manner;
(iii) whether each executive officer of
the temporary licensee and any
35 other person determined by the
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Minister to be concerned in or
associated with the ownership,
management or operation of the
temporary licensee's keno
5 business, is a suitable person to
act in that capacity;
(iv) whether the temporary licensee
has sufficient technical capability
and adequate systems to conduct
10 the activities to be authorised by
the licence;
(v) whether the temporary licensee is
of sound and stable financial
background;
15 (vi) whether the temporary licensee
has financial resources that are
adequate to ensure the financial
viability of a keno business;
(vii) whether the temporary licensee
20 has the ability to maintain a
successful keno business;
(viii) any other matters that were
specified in the notice calling for
registrations of interest under
25 section 6A.3.3 in relation to the
original licence;
(ix) any other matters the Minister
considers relevant.
(3) A temporary keno licence is issued on the
30 terms and conditions the Minister thinks fit
and nothing in Division 2 (other than
section 6A.3.14) applies to the issue of the
temporary licence.
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(4) In determining whether to grant or refuse a
licence application, the Minister--
(a) may consult any person the Minister
considers appropriate; and
5 (b) is entitled to rely on any findings or
recommendations contained in the
report of the Commission under
section 6A.3.32.
(5) In this section--
10 former licensee means the person who was
the keno licensee--
(a) under the original licence
immediately before its
cancellation, suspension or
15 surrender; or
(b) under a temporary keno licence
immediately before its
cancellation or other termination.
6A.3.32 Report to Minister by Commission
20 (1) If the Minister is considering issuing a
temporary keno licence, the Minister may
request the Commission to give a written
report to the Minister--
(a) stating whether or not, in the
25 Commission's opinion, the matters of
which the Minister must be satisfied to
issue the temporary licence have been
made out; and
(b) containing any other information
30 required by the Minister.
(2) The Commission must comply with a request
of the Minister under this section.
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(3) The report may include any
recommendations the Commission thinks fit,
including recommendations as to any
appropriate licence conditions.
5 (4) The report must include the reasons for any
findings or recommendations contained in it.
Note
Division 1B of Part 4 of Chapter 10 provides for
investigations by the Commission for the purposes of
10 the Minister deciding whether or not to issue a
temporary keno licence.
6A.3.33 Arrangements with former licensee
(1) A temporary keno licensee may enter into
any arrangements that are approved by the
15 Minister with the former licensee, including
arrangements relating to the use of assets and
services of staff of the former licensee.
(2) The former licensee must make available to
the temporary licensee on reasonable terms
20 any assets of, or under the control of, the
former licensee that are reasonably necessary
for arrangements under subsection (1).
Penalty: 100 penalty units.
(3) The former licensee must use its best
25 endeavours to make available any staff of the
former licensee that are reasonably necessary
for arrangements under subsection (1).
Penalty: 100 penalty units.
(4) In this section--
30 former licensee has the same meaning as in
section 6A.3.31.
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6A.3.34 Further provisions for temporary licence
(1) A temporary keno licence--
(a) may be extended once only for a period
determined by the Minister; and
5 (b) may be cancelled at any time by the
Minister; and
(c) if issued following the suspension of
the original licence--is cancelled by
the lifting or expiry of that suspension.
10 (2) If a temporary keno licence (including a
temporary licence issued under this
subsection) is cancelled or otherwise
terminates (other than under subsection
(1)(c)), the Minister may issue a further
15 temporary keno licence and appoint a further
temporary licensee for the period determined
by the Minister.
(3) For the avoidance of doubt, sections
6A.3.31(2), (3) and (4), 6A.3.32 and 6A.3.33
20 apply to the issue of a temporary licence
under subsection (2).
(4) The cumulative periods for which a
temporary keno licence may be issued or
extended under this Division cannot exceed
25 3 years after the day on which the original
licence was cancelled, suspended or
surrendered (as the case may be).
Division 7--Further information-gathering
powers and obligations
30 6A.3.35 Definitions
In this Division--
applicant means applicant for a keno
licence;
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application means application for a keno
licence;
interested person means--
(a) an applicant; or
5 (b) a registrant; or
(c) an associate of an applicant or
registrant;
(d) a person who the Secretary
considers may become an
10 associate of an applicant or
registrant;
registrant means registrant of interest in the
grant of a keno licence;
registration of interest means registration of
15 interest in the grant of a keno licence.
6A.3.36 Secretary may require further
information
(1) The Secretary, by notice in writing, may
require an interested person to do any one or
20 more of the following--
(a) to provide, in accordance with
directions in the notice, any information
that is relevant to the consideration of
the application or registration of
25 interest and is specified in the notice;
(b) to produce, in accordance with
directions in the notice, any records
relevant to the consideration of the
application or registration of interest
30 that are specified in the notice and to
permit examination of the records, the
taking of extracts from them and the
making of copies of them;
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(c) to authorise a person described in the
notice to comply with a specified
requirement of the kind referred to in
paragraph (a) or (b);
5 (d) to provide the Secretary with any
authorities and consents the Secretary
requires for the purpose of enabling the
Secretary to obtain information
(including financial and other
10 confidential information) concerning
the interested person from other
persons.
(2) The Secretary may give any information
provided or record produced by an interested
15 person under subsection (1), or a copy of the
information or record, to the Commission if
the Secretary considers that the information
or record is relevant to an investigation or
inquiry by the Commission in relation to the
20 application or registration of interest.
(3) If an interested person refuses to comply
with a requirement under subsection (1)--
(a) the Secretary must notify the Minister
in writing as soon as practicable; and
25 (b) the Minister may refuse to consider the
application or registration of interest.
6A.3.37 Updating information provided to
Secretary
(1) If--
30 (a) the Secretary requires information
(including information in any records)
from an interested person under section
6A.3.36; and
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(b) a change occurs in that information
before the application is granted or
refused or the Minister decides whether
or not to invite the registrant to apply
5 for the licence (as the case requires)--
the interested person must give the Secretary
written particulars of the change as soon as
practicable.
Penalty: 60 penalty units.
10 (2) The Secretary may give the particulars of a
change referred to in subsection (1) to the
Commission if the Secretary considers that
the particulars are relevant to an
investigation or inquiry by the Commission
15 in relation to the application or registration
of interest.
(3) When particulars of a change are given,
those particulars must then be considered to
have formed part of the original information,
20 for the purposes of the application of
subsection (1) to any further change in the
information provided.
6A.3.38 Updating information provided to
Minister regarding registration of interest
25 or licence application
(1) If a change occurs in any relevant
registration information before the Minister
decides whether or not to invite a registrant
to make an application, the registrant must
30 give the Minister written particulars of the
change as soon as practicable.
Penalty: 60 penalty units.
(2) If a change occurs in any relevant application
information before an application is granted
35 or refused, the applicant must give the
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Minister written particulars of the change as
soon as practicable.
Penalty: 60 penalty units.
(3) The Minister must give the particulars of a
5 change referred to in subsection (1) or (2) to
the Secretary.
(4) The Secretary may give the particulars of a
change referred to in subsection (1) or (2) to
the Commission if the Secretary considers
10 that the particulars are relevant to an
investigation or inquiry by the Commission
in relation to the registration of interest or
application (as the case requires).
(5) When particulars of a change are given,
15 those particulars must then be considered to
have formed part of the original registration
of interest or application, for the purposes of
the application of subsection (1) or (2) to any
further change in the relevant information.
20 (6) In this section--
relevant application information means--
(a) any information contained in an
application for a keno licence; or
(b) any information contained in a
25 document that accompanied that
application; or
(c) any further information given to
the Minister by the applicant in
relation to that application.
30 relevant registration information means--
(a) any information provided by a
registrant in or in relation to a
registration of interest; or
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(b) any further information given to
the Minister by the registrant in
relation to the registration of
interest.
5 6A.3.39 Updating licence transfer application
(1) If a change occurs in any relevant
information before an application for transfer
of a keno licence is granted or refused, the
applicant must give the Minister written
10 particulars of the change as soon as
practicable.
Penalty: 60 penalty units.
(2) The Minister may give the particulars of a
change referred to in subsection (1) to the
15 Commission if the Minister considers that
the particulars are relevant to an
investigation or inquiry by the Commission
in relation to the application.
(3) When particulars of a change are given,
20 those particulars must then be considered to
have formed part of the original application,
for the purposes of the application of
subsection (1) to any further change in the
relevant information.
25 (4) In this section--
relevant information means--
(a) any information contained in an
application for transfer of a keno
licence; or
30 (b) any information contained in a
document that accompanied that
application; or
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(c) any further information given to
the Minister by the applicant in
relation to that application.
__________________
5 PART 4--RETURNS TO PLAYERS, TAXES AND
FUNDS
Division 1--Returns to players
6A.4.1 Returns to players
(1) The keno licensee must ensure that not less
10 than 75% of the total amount received by the
licensee for any keno game is paid by the
licensee to a prizes fund established by the
licensee.
(2) The prizes fund must be applied exclusively
15 for the payment of prizes in respect of keno
games conducted by the licensee.
Division 2--Taxes
6A.4.2 Duty payable by licensee
(1) In this section, week means a period of
20 7 days commencing on a Sunday and ending
on the following Saturday.
(2) The keno licensee must pay in respect of
keno games conducted during each week--
(a) to the Treasurer, in accordance with
25 arrangements approved by the
Treasurer, for payment into the
Consolidated Fund, 24.24% of the keno
revenue for the week, such payment to
be made on the next Tuesday after the
30 end of the week; and
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(b) to the sales agent of a keno venue in
which tickets in keno games are sold
during the week--
(i) if GST is payable on the supply to
5 which the amount to be paid under
this paragraph relates, an amount
calculated in accordance with the
formula--
KR × 11 V
×
A × 10 T
10 where--
A is the amount agreed to be
paid by the licensee to the
sales agent for the agent's
services;
15 KR is the keno revenue for the
week;
T is the total amount received
by the licensee for keno
games conducted during the
20 week;
V is the amount received at the
keno venue for keno games
conducted during the week.
(ii) if GST is not payable on the
25 supply to which the amount to be
paid under this paragraph relates,
an amount calculated in
accordance with the formula--
KR V
×
A T
30 where--
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A is the amount agreed to be
paid by the licensee to the
sales agent for the agent's
services;
5 KR is the keno revenue for the
week;
T is the total amount received
by the licensee for keno
games conducted during the
10 week;
V is the amount received at the
keno venue for keno games
conducted during the week.
(3) If, in respect of a week, the amount of all
15 prizes payable in respect of keno games
conducted during the week exceeds the
amount received by the licensee for those
games, the amount of that excess may be
applied to reduce the keno revenue for the
20 next or a subsequent week for the purposes
of determining the amounts payable under
subsection (2)(a) in respect of that week.
(4) An amount payable under this section is a
debt and may be recovered in a court of
25 competent jurisdiction.
Division 3--Supervision charge
6A.4.3 Supervision charge
(1) The keno licensee must pay to the Treasurer
a supervision charge in the instalments and
30 in respect of the periods in each financial
year determined by the Treasurer from time
to time.
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(2) The supervision charge is the amount in
respect of each financial year as the
Treasurer, after consultation with the
Minister, determines having regard to the
5 reasonable costs and expenses in respect of
the financial year incurred by the
Commission in carrying out its functions and
powers in respect of keno games.
(3) The Treasurer may waive payment of part or
10 all of the supervision charge in respect of a
financial year, having regard to the total
amount of revenue received by the keno
licensee in the previous financial year.
(4) The supervision charge is a tax.
15 Division 4--Funds
6A.4.4 Hospitals and Charities Fund and Mental
Health Fund
(1) An amount equal to the amount paid into the
Consolidated Fund under section
20 6A.4.2(2)(a) must, in respect of each
financial year, be paid out of the
Consolidated Fund, in the proportions
determined by the Treasurer, into--
(a) the Hospitals and Charities Fund; and
25 (b) the Mental Health Fund.
(2) An amount or amounts equal to the premium
payment paid under section 6A.3.13 must be
paid out of the Consolidated Fund, at the
time or times determined by the Treasurer,
30 into the Hospitals and Charities Fund.
(3) The Consolidated Fund is appropriated to the
necessary extent for payment to be made
under this section.
__________________
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PART 5--COMPLIANCE REQUIREMENTS
Division 1--Accounting records
6A.5.1 Accounting records
(1) The keno licensee must keep accounting
5 records that correctly record and explain the
transactions and financial position of the
operations of the licensee under this Chapter.
Penalty: 60 penalty units.
(2) The licensee must keep the accounting
10 records in a form and manner that will
enable--
(a) true and fair financial statements and
accounts to be prepared from time to
time; and
15 (b) those financial statements and accounts
to be conveniently and properly
audited.
Penalty: 60 penalty units.
Division 2--Complaints
20 6A.5.2 Investigation of complaints
(1) On receiving a complaint from a person
relating to the conduct of keno games, the
Commission must investigate the complaint
without delay.
25 (2) The Commission must inform the keno
licensee of the substance of the complaint
and give the licensee a reasonable
opportunity to respond to it.
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(3) A function of the Commission under this
section may be performed by any
commissioner.
__________________".
5 19 Interactive gaming
After section 7.1.3(2)(e) of the Principal Act
insert--
"(ea) a keno game, if a person participates by
means of a telecommunication device;".
10 20 Constitution of Commission
(1) In section 10.1.6(1) of the Principal Act--
(a) for paragraph (b) substitute--
"(b) one or more commissioners appointed
as Deputy Chairpersons;";
15 (b) in paragraph (d), after "as many" insert
"additional commissioners and".
(2) In section 10.1.8 of the Principal Act--
(a) in subsection (1), for "a qualified and eligible
person as Deputy Chairperson" substitute
20 "one or more qualified and eligible persons
as Deputy Chairpersons";
(b) in subsection (3), for "The Deputy
Chairperson" substitute "A Deputy
Chairperson".
25 21 New section 10.1.9A inserted
After section 10.1.9 of the Principal Act insert--
"10.1.9A Additional commissioners
(1) The Governor in Council, on the
recommendation of the Minister, may
30 appoint qualified and eligible persons as
additional commissioners.
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(2) The appointment may be on a part-time or
full-time basis, and is on the terms and
conditions determined by the Governor in
Council.".
5 22 Commission meetings
(1) In section 10.1.18 of the Principal Act--
(a) in subsection (1), for "Deputy Chairperson"
substitute "a Deputy Chairperson";
(b) in subsection (3), for "the Deputy
10 Chairperson" substitute "a Deputy
Chairperson".
(2) After section 10.1.18(3) of the Principal Act
insert--
"(3A) If the Chairperson is absent but more than
15 one Deputy Chairperson is present at a
meeting, the Deputy Chairperson appointed
by the commissioners present is to preside.".
(3) In section 10.1.22(2) of the Principal Act--
(a) in paragraph (h), after "Chapter 4" insert
20 "(other than an application under Part 3A of
that Chapter)";
(b) after paragraph (h) insert--
"(ha) any matters in relation to an application
under Chapter 6A (other than an
25 application under Part 3 of that
Chapter);".
23 Further amendments to Chapter 10
In the Principal Act--
(a) in section 10.1.32(1)(c), for "gaming
30 regulator" substitute "gambling regulator";
(b) in section 10.2A.1, in the definition of other
gambling activities, for "club keno"
substitute "keno";
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(c) in section 10.4.1(a), after "Act" insert "other
than a wagering and betting licence or a keno
licence";
(d) after section 10.4.1(ca) insert--
5 "(cb) an application for approval--
(i) to become an associate of the
wagering and betting licensee
under section 4.3A.25;
(ii) to become an associate of the keno
10 licensee under section 6A.3.25;";
(e) after section 10.4.2(2)(a)(v) insert--
"(vi) approval--
(A) to become an associate of the
wagering and betting licensee
15 under section 4.3A.25;
(B) to become an associate of the keno
licensee under section 6A.3.25;";
(f) after section 10.4.3(3)(a)(iv) insert--
"(v) approval--
20 (A) to become an associate of the
wagering and betting licensee
under section 4.3A.25;
(B) to become an associate of the keno
licensee under section 6A.3.25;";
25 (g) after section 10.4.4(3)(a)(iv) insert--
"(v) approval--
(A) to become an associate of the
wagering and betting licensee
under section 4.3A.25;
30 (B) to become an associate of the keno
licensee under section 6A.3.25;";
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(h) after section 10.4.5(3)(a)(iv) insert--
"(v) approval--
(A) to become an associate of the
wagering and betting licensee
5 under section 4.3A.25;
(B) to become an associate of the keno
licensee under section 6A.3.25;";
(i) after section 10.4.6(5)(e) insert--
"(f) approval--
10 (i) to become an associate of the
wagering and betting licensee
under section 4.3A.25;
(ii) to become an associate of the keno
licensee under section 6A.3.25;";
15 (j) in section 10.4.7(1), after "Act" insert
"(other than a wagering and betting licence
or a keno licence)".
24 New Divisions 1A and 1B inserted in Part 4 of
Chapter 10
20 After Division 1 of Part 4 of Chapter 10 of the
Principal Act insert--
"Division 1A--Investigations of registrations of
interest and applications for wagering and
betting licence and keno licence
25 10.4.7A Definitions
In this Division--
applicant means applicant for a relevant
licence;
application means application for a relevant
30 licence;
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interested person means--
(a) an applicant; or
(b) a registrant; or
(c) an associate of an applicant or
5 registrant;
(d) a person who the Secretary
considers may become an
associate of an applicant or
registrant;
10 (e) a person who the Commission
considers may become an
associate of an applicant or
registrant;
registrant means registrant of interest in the
15 grant of a relevant licence;
registration of interest means registration of
interest in the grant of a relevant
licence;
relevant licence means--
20 (a) a wagering and betting licence; or
(b) a keno licence.
10.4.7B Investigations and inquiries
(1) On the written request of the Secretary, the
Commission--
25 (a) must cause to be carried out all
investigations and inquiries that the
Secretary considers necessary to
enable--
(i) the Secretary to report to the
30 Minister on the application or
registration of interest; or
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(ii) the Minister to consider the
application or registration of
interest properly; and
(b) must report to the Secretary on the
5 results of those investigations and
inquiries.
(2) After receiving a report under subsection
(1)(b), the Secretary may make a written
request to the Commission to carry out
10 further investigations or inquiries regarding
the application or registration of interest and
report to the Secretary on the results of those
further investigations or inquiries.
(3) The Commission must comply with a request
15 under subsection (2).
(4) A function of the Commission under this
section, other than the function of reporting
to the Secretary, may be performed by any
commissioner.
20 10.4.7C Photographs, finger prints and palm
prints
(1) The Commission may require an interested
person who is a natural person to consent to
having his or her photograph, finger prints
25 and palm prints taken by the Commission.
(2) The Commission may make a requirement
under subsection (1) only if the Commission
is satisfied that it is necessary to do so for the
purposes of an investigation or inquiry under
30 section 10.4.7B.
(3) The Secretary may make a written request to
the Commission to require an interested
person who is a natural person to consent to
having his or her photograph, finger prints
35 and palm prints taken by the Commission.
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(4) The Secretary can make a request under
subsection (3) only if the Secretary is
satisfied that it is necessary to do so for the
purposes of the proper consideration of the
5 application or registration of interest.
(5) The Commission must comply with a request
under subsection (3).
(6) If an interested person refuses to comply
with a requirement of the Commission under
10 this section--
(a) the Commission must notify the
Secretary and the Minister in writing as
soon as practicable; and
(b) the Minister may refuse to consider the
15 application or registration of interest
(as the case requires).
(7) A function of the Commission under this
section may be performed by any
commissioner.
20 10.4.7D Police inquiry and report
(1) If the Secretary has requested the
Commission to carry out an investigation or
inquiry under section 10.4.7B, the
Commission must refer to the Chief
25 Commissioner of Police a copy of--
(a) the application or registration of
interest; and
(b) any photograph, finger prints and palm
prints obtained under section 10.4.7C;
30 and
(c) any supporting documentation.
(2) The Secretary may make a written request to
the Commission to refer any other
information regarding the application or
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registration of interest to the Chief
Commissioner of Police.
(3) The Secretary can make a request under
subsection (2) only if the Secretary is
5 satisfied that it is necessary to do so for the
purposes of the proper consideration of the
application or registration of interest.
(4) The Commission must comply with a request
under subsection (2).
10 (5) The Chief Commissioner of Police must
inquire into and report to the Commission on
any matters concerning the application or
registration of interest that the Commission
requests.
15 (6) A function of the Commission under this
section may be performed by any
commissioner.
10.4.7E Commission may require further
information
20 (1) The Commission, by notice in writing, may
require an interested person to do any one or
more of the following--
(a) to provide, in accordance with
directions in the notice, any information
25 that is relevant to an investigation of
the application or registration of
interest under section 10.4.7B and is
specified in the notice;
(b) to produce, in accordance with
30 directions in the notice, any records
relevant to the investigation that are
specified in the notice and to permit
examination of the records, the taking
of extracts from them and the making
35 of copies of them;
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(c) to authorise a person described in the
notice to comply with a specified
requirement of the kind referred to in
paragraph (a) or (b);
5 (d) to provide the Commission with any
authorities and consents the
Commission requires for the purpose of
enabling the Commission to obtain
information (including financial and
10 other confidential information)
concerning the interested person from
other persons.
(2) The Commission must give the Secretary
and the Minister a copy of any information
15 or records provided or produced under
subsection (1) as soon as practicable.
(3) If an interested person refuses to comply
with a requirement under subsection (1)--
(a) the Commission must notify the
20 Secretary and the Minister in writing as
soon as practicable; and
(b) the Minister may refuse to consider the
application or registration of interest
(as the case requires).
25 (4) A function of the Commission under this
section may be performed by any
commissioner.
10.4.7F Updating information
(1) If--
30 (a) the Commission requires information
(including information in any records)
from an interested person under
section 10.4.7E; and
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(b) a change occurs in that information
before the application is granted or
refused or the Minister decides whether
or not to invite the registrant to apply
5 for the relevant licence (as the case
requires)--
the interested person must give the
Commission written particulars of the
change as soon as practicable.
10 Penalty: 60 penalty units.
(2) The Commission must give the Secretary
and the Minister a copy of any particulars
received under subsection (1) as soon as
practicable.
15 (3) When particulars of a change are given,
those particulars must then be considered to
have formed part of the original information,
for the purposes of the application of
subsection (1) to any further change in the
20 information provided.
10.4.7G Costs of investigating
(1) The Commission, by written notice, may
require an applicant or registrant to pay to
the Commission the amount determined by
25 the Commission, being an amount not
exceeding the reasonable costs of an
investigation under section 10.4.7B in
relation to the application or registration of
interest.
30 (2) The Commission may require costs payable
under subsection (1) to be paid by
instalments or at any time before, during or
after the investigation, whether or not the
application is granted or the registrant is
35 invited to apply for the relevant licence.
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(3) Costs payable under subsection (1) may be
recovered in a court of competent
jurisdiction as a debt due to the State.
10.4.7H Service agreement
5 (1) The Secretary and the Commission may
enter into an agreement in relation to the
performance of functions by the Commission
under this Division.
(2) The failure of a party to an agreement
10 referred to in subsection (1) to comply with
the agreement does not affect or make
unlawful--
(a) the performance of a function by the
Commission under this Division; or
15 (b) any report made or advice given to the
Minister by the Secretary concerning an
application or registration of interest; or
(c) the consideration or determination of an
application or a registration of interest
20 by the Minister.
Division 1B--Investigations of transfers of
wagering and betting licence and keno licence
and temporary licensing
10.4.7I Definitions
25 In this Division--
interested person means--
(a) a temporary licensee; or
(b) a transferee; or
(c) an associate of a temporary
30 licensee or transferee;
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(d) a person who the Commission
considers may become an
associate of a temporary licensee
or transferee;
5 relevant licence means--
(a) a wagering and betting licence; or
(b) a keno licence;
temporary licence means--
(a) a temporary wagering and betting
10 licence under section 4.3A.31; or
(b) a temporary keno licence under
section 6A.3.31;
temporary licensee--
(a) in relation to a wagering and
15 betting licence, has the same
meaning as in section 4.3A.31; or
(b) in relation to a keno licence, has
the same meaning as in
section 6A.3.31;
20 transferee--
(a) in relation to a wagering and
betting licence, has the same
meaning as in section 4.3A.17; or
(b) in relation to a keno licence, has
25 the same meaning as in
section 6A.3.17.
10.4.7J Investigations and inquiries
(1) If the Minister has referred to the
Commission an application to transfer a
30 relevant licence or requested the
Commission to report on the issue of a
temporary licence, the Commission--
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Part 2--Licensing Amendments
s. 24
(a) must cause to be carried out all
investigations and inquiries that the
Commission considers necessary to
enable the Minister to properly consider
5 the application for transfer or the issue
of the temporary licence; and
(b) must report to the Minister on the
results of those investigations and
inquiries.
10 (2) A function of the Commission under
subsection (1)(a) may be performed by the
Executive Commissioner.
10.4.7K Photographs, finger prints and palm
prints
15 (1) The Commission may require an interested
person who is a natural person to consent to
having his or her photograph, finger prints
and palm prints taken by the Commission.
(2) The Commission may make a requirement
20 under subsection (1) only if the Commission
is satisfied that it is necessary to do so for the
purposes of an investigation or inquiry under
section 10.4.7J.
(3) If an interested person refuses to comply
25 with a requirement under subsection (1)--
(a) the Commission must notify the
Minister in writing as soon as
practicable; and
(b) the Minister may refuse to consider the
30 application or issue the temporary
licence (as the case requires).
(4) A function of the Commission under this
section may be performed by the Executive
Commissioner.
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Part 2--Licensing Amendments
s. 24
10.4.7L Police inquiry and report
(1) If the Minister has referred to the
Commission an application to transfer a
relevant licence or requested the
5 Commission to report on the issue of a
temporary licence, the Commission must
refer to the Chief Commissioner of Police--
(a) in the case of an application to transfer
a relevant licence, a copy of--
10 (i) the application; and
(ii) any photograph, finger prints and
palm prints obtained under section
10.4.7K; and
(iii) any supporting documentation;
15 (b) in the case of the issue of a temporary
licence, a copy of--
(i) any photograph, finger prints and
palm prints obtained under
section 10.4.7K; and
20 (ii) any supporting documentation.
(2) The Chief Commissioner of Police must
inquire into and report to the Commission on
any matters concerning the application or
temporary licence that the Commission
25 requests.
(3) A function of the Commission under this
section may be performed by the Executive
Commissioner.
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Part 2--Licensing Amendments
s. 24
10.4.7M Commission may require further
information
(1) The Commission, by notice in writing, may
require an interested person to do any one or
5 more of the following--
(a) to provide, in accordance with
directions in the notice, any information
that is relevant to an investigation of
the application or temporary licence
10 under section 10.4.7J and is specified in
the notice;
(b) to produce, in accordance with
directions in the notice, any records
relevant to the investigation that are
15 specified in the notice and to permit
examination of the records, the taking
of extracts from them and the making
of copies of them;
(c) to authorise a person described in the
20 notice to comply with a specified
requirement of the kind referred to in
paragraph (a) or (b);
(d) to provide the Commission with any
authorities and consents the
25 Commission requires for the purpose of
enabling the Commission to obtain
information (including financial and
other confidential information)
concerning the interested person from
30 other persons.
(2) The Commission must give the Minister a
copy of any information or records provided
or produced under subsection (1) as soon as
practicable.
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Part 2--Licensing Amendments
s. 24
(3) If an interested person refuses to comply
with a requirement under subsection (1)--
(a) the Commission must notify the
Minister in writing as soon as
5 practicable; and
(b) the Minister may refuse to consider the
application or to issue the temporary
licence (as the case requires).
(4) A function of the Commission under this
10 section may be performed by the Executive
Commissioner.
10.4.7N Updating information
(1) If--
(a) the Commission requires information
15 (including information in any records)
from an interested person under
section 10.4.7M; and
(b) a change occurs in that information
before the application is granted or
20 refused or the Minister decides whether
or not to issue the temporary licence
(as the case requires)--
the interested person must give the
Commission written particulars of the
25 change as soon as practicable.
Penalty: 60 penalty units.
(2) The Commission must give the Minister a
copy of any particulars received under
subsection (1) as soon as practicable.
30 (3) When particulars of a change are given,
those particulars must then be considered to
have formed part of the original information,
for the purposes of the application of
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Part 2--Licensing Amendments
s. 25
subsection (1) to any further change in the
information provided.
10.4.7O Costs of investigating
(1) The Commission, by written notice, may
5 require an applicant or temporary licensee to
pay to the Commission the amount
determined by the Commission, being an
amount not exceeding the reasonable costs of
an investigation under section 10.4.7J in
10 relation to the application or temporary
licence (as the case requires).
(2) The Commission may require costs payable
under subsection (1) to be paid by
instalments or at any time before, during or
15 after the investigation, whether or not the
application is granted or the temporary
licence is issued.
(3) Costs payable under subsection (1) may be
recovered in a court of competent
20 jurisdiction as a debt due to the State.".
25 Compliance and enforcement
(1) In section 10.4.11(7) of the Principal Act, in the
definition of regulated person--
(a) in paragraph (f), for "provider." substitute
25 "provider;";
(b) after paragraph (f) insert--
"(g) the wagering and betting licensee;
(h) the keno licensee.".
(2) After section 10.5.1(2)(a)(v) of the Principal Act
30 insert--
"(vi) the wagering and betting licensee; or
(vii) the keno licensee; or".
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Part 2--Licensing Amendments
s. 26
26 New section 11.1.8 inserted
After section 11.1.7 of the Principal Act insert--
"11.1.8 No entitlement to or legitimate expectation
of licence
5 For the avoidance of doubt, a person does
not have any entitlement to, or legitimate
expectation of, the grant of a wagering and
betting licence or keno licence only because
the person is or was--
10 (a) the holder of the wagering licence and
gaming licence that were issued on
15 August 1994; or
(b) the holder of a gaming operator's
licence; or
15 (c) an agent or associate of a person
described in paragraph (a) or (b).".
27 New Part 19 inserted in Schedule 7
At the end of Schedule 7 to the Principal Act
insert--
20 "PART 19--GAMBLING REGULATION
AMENDMENT (LICENSING) ACT 2008
19.1 Commissioners
(1) A person who held office as a commissioner
under this Act immediately before the
25 commencement day continues to hold office
on and after that day on the same terms and
conditions.
(2) In this clause--
commencement day means the day after the
30 day on which the Gambling
Regulation Amendment (Licensing)
Act 2008 received the Royal Assent.".
__________________
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Gambling Regulation Amendment (Licensing) Bill 2008
Part 3--Responsible Code of Conduct Consequential Amendments
s. 28
PART 3--RESPONSIBLE CODE OF CONDUCT
CONSEQUENTIAL AMENDMENTS
28 Wagering and betting licence
(1) After section 4.3A.5(2)(a) of the Principal Act
5 insert--
"(ab) must be accompanied by a Responsible
Gambling Code of Conduct that the
applicant intends to implement if the licence
is granted; and".
10 (2) In section 4.3A.7(2) of the Principal Act--
(a) in paragraph (c)(ii), for "requires."
substitute "requires; and";
(b) after paragraph (c) insert--
"(d) that the Responsible Gambling Code of
15 Conduct accompanying the application
complies with any directions given
under section 10.6.6 and the additional
requirements set out in section 10.6.7,
and has been approved by the
20 Commission.".
(3) Insert the following note at the foot of
section 4.3A.9 of the Principal Act--
"Note
The licence is also subject to the condition specified in
25 section 4.3A.10A.".
29 New section 4.3A.10A inserted
After section 4.3A.10 of the Principal Act
insert--
"4.3A.10A Responsible Gambling Code of Conduct is
30 a condition of licence
It is a condition of a wagering and betting
licence that the wagering and betting
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Part 3--Responsible Code of Conduct Consequential Amendments
s. 30
licensee implement a Responsible Gambling
Code of Conduct that has been approved by
the Commission.".
30 Further wagering and betting licence amendments
5 (1) In section 4.3A.18(1) of the Principal Act, after
"(4)" insert ", (4A)".
(2) After section 4.3A.18(4) of the Principal Act
insert--
"(4A) The Minister must be satisfied that the
10 transferee has, or when the licence is
transferred will have, a Responsible
Gambling Code of Conduct that complies
with any directions given under
section 10.6.6 and the additional
15 requirements set out in section 10.6.7, and
has been approved by the Commission.".
(3) In section 4.3A.26 of the Principal Act--
(a) in paragraph (h), for "way." substitute
"way;";
20 (b) after paragraph (h) insert--
"(i) the wagering and betting licensee has
repeatedly breached the licensee's
Responsible Gambling Code of
Conduct.".
25 (4) In section 4.3A.31(2) of the Principal Act--
(a) in paragraph (e), for "requires." substitute
"requires; and";
(b) after paragraph (e) insert--
"(f) that the temporary licensee will
30 implement a Responsible Gambling
Code of Conduct that has been
approved by the Commission.".
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Part 3--Responsible Code of Conduct Consequential Amendments
s. 31
(5) In section 4.3A.31(3) of the Principal Act, after
"section" insert "4.3A.10A or".
31 Keno licence
(1) After section 6A.3.5(2)(a) of the Principal Act
5 insert--
"(ab) must be accompanied by a Responsible
Gambling Code of Conduct that the
applicant intends to implement if the licence
is granted; and".
10 (2) After section 6A.3.7(2) of the Principal Act
insert--
"(2A) In addition to the requirements of
subsection (2), the Minister may grant a
licence application only if he or she is
15 satisfied that the Responsible Gambling
Code of Conduct accompanying the
application complies with any directions
given under section 10.6.6 and the additional
requirements set out in section 10.6.7, and
20 has been approved by the Commission.".
(3) Insert the following note at the foot of
section 6.3A.8 of the Principal Act--
"Note
The licence is also subject to the condition specified in
25 section 6A.3.9A.".
32 New section 6A.3.9A inserted
After section 6A.3.9 of the Principal Act insert--
"6A.3.9A Responsible Gambling Code of Conduct is
a condition of licence
30 It is a condition of a keno licence that the
keno licensee implement a Responsible
Gambling Code of Conduct that has been
approved by the Commission.".
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Part 3--Responsible Code of Conduct Consequential Amendments
s. 33
33 Further keno licence amendments
(1) In section 6A.3.18(1) of the Principal Act, after
"(4)" insert ", (4A)".
(2) After section 6A.3.18(4) of the Principal Act
5 insert--
"(4A) The Minister must be satisfied that the
transferee has, or when the licence is
transferred will have, a Responsible
Gambling Code of Conduct that complies
10 with any directions given under section
10.6.6 and the additional requirements set
out in section 10.6.7, and has been approved
by the Commission.".
(3) In section 6A.3.26 of the Principal Act--
15 (a) in paragraph (h), for "way." substitute
"way;";
(b) after paragraph (h) insert--
"(i) the keno licensee has repeatedly
breached the licensee's Responsible
20 Gambling Code of Conduct.".
(4) In section 6A.3.31(2) of the Principal Act--
(a) in paragraph (c)(ix), for "relevant."
substitute "relevant; and";
(b) after paragraph (c) insert--
25 "(d) that the temporary licensee will
implement a Responsible Gambling
Code of Conduct that has been
approved by the Commission.".
(5) In section 6A.3.31(3) of the Principal Act, after
30 "section" insert "6A.3.9A or".
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Part 3--Responsible Code of Conduct Consequential Amendments
s. 34
34 Application of Responsible Code of Conduct
In section 10.6.5 of the Principal Act, in the
definition of relevant person--
(a) after paragraph (c) insert--
5 "(ca) the wagering and betting licensee;";
(b) after paragraph (d) insert--
"(da) the keno licensee;".
__________________
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Gambling Regulation Amendment (Licensing) Bill 2008
Part 4--Repeal of Amending Act
s. 35
PART 4--REPEAL OF AMENDING ACT
35 Repeal of Act
This Act is repealed on 1 December 2009.
Note
5 The repeal this Act does not affect the continuing operation of the
amendments made by it (see section 15(1) of the Interpretation of
Legislation Act 1984).
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Gambling Regulation Amendment (Licensing) Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561186B.I-16/4/2008 133 BILL LA INTRODUCTION 16/4/2008
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