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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gambling Regulation Amendment (Review Panel)
Bill 2007
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 1
3 New Part 2A inserted in Chapter 10 2
PART 2A--REVIEW PANEL 2
Division 1--Introduction 2
10.2A.1 Definitions 2
Division 2--Establishment and functions 4
10.2A.2 Establishment of Review Panel 4
10.2A.3 Functions and powers of Review Panel 4
Division 3--Membership of Review Panel 7
10.2A.4 Membership of Review Panel 7
10.2A.5 Chairperson 7
10.2A.6 Other members 8
10.2A.7 Vacancies and resignation 9
10.2A.8 Acting chairperson 10
Division 4--Procedure of Review Panel 10
10.2A.9 Meetings 10
10.2A.10 Reports 11
10.2A.11 Publication of Review Panel reports 11
10.2A.12 Direction in response to Review Panel's reports 12
4 Consequential amendments 13
5 Repeal of Act 13
ENDNOTES 14
561014B.I-27/2/2007 i BILL LA INTRODUCTION 27/2/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Gambling Regulation Amendment
(Review Panel) Bill 2007
A Bill for an Act to amend the Gambling Regulation Act 2003 to
establish a Review Panel to report to the Minister on certain processes
and for other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Gambling
Regulation Act 2003 to establish a Review Panel
to report to the Minister on certain processes.
5 2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 December 2007, it comes into
10 operation on that day.
561014B.I-27/2/2007 1 BILL LA INTRODUCTION 27/2/2007
Gambling Regulation Amendment (Review Panel) Bill 2007
s. 3
3 New Part 2A inserted in Chapter 10
See: After Part 2 of Chapter 10 of the Gambling
Act No.
114/2003. Regulation Act 2003 insert--
Reprint No. 1
as at
21 July 2005 "PART 2A--REVIEW PANEL
and
amending
5 Act Nos Division 1--Introduction
45/2005,
92/2005,
98/2005, 10.2A.1 Definitions
7/2006,
23/2006, In this Part--
24/2006,
32/2006, authorisation and licensing process means
54/2006,
79/2006 and the process for the authorisation or
10 80/2006. licensing of--
LawToday:
www. (a) public lotteries after the expiry of
legislation.
vic.gov.au the current public lottery licence;
and
(b) other gambling activities after the
15 expiration of the current gambling
licences;
current gambling licences mean the current
gaming operator's licence and the
current wagering and gaming licences;
20 current gaming operator's licence means
the gaming operator's licence that was
granted on 14 April 1992;
current public lottery licence means the
public lottery licence that was issued on
25 1 July 2001;
current wagering and gaming licences
means the wagering licence and the
gaming licence that were granted on
15 August 1994;
561014B.I-27/2/2007 2 BILL LA INTRODUCTION 27/2/2007
Gambling Regulation Amendment (Review Panel) Bill 2007
s. 3
key operative means--
(a) a key operative within the
meaning of section 1.3(1); or
(b) a licensed racing club; or
5 (c) a registered bookmaker; or
(d) Racing Products; or
(e) VicRacing; or
(f) Racing Victoria; or
(g) a person registered or licensed in
10 accordance with the rules of
Racing Victoria, Harness Racing
Victoria or Greyhound Racing
Victoria;
other gambling activities means gaming
15 machines, wagering, approved betting
competitions and club keno;
protected information has the meaning
given in section 10.1.29;
Racing Victoria has the same meaning as in
20 the Racing Act 1958;
regulatory review means the review by one
or more relevant entities of the
regulatory structure and associated
arrangements for the operation of
25 gaming machines, wagering, approved
betting competitions and club keno and
the funding of the racing industry that
are to apply after the expiry of the
current gambling licences;
30 relevant activity, in relation to the regulatory
review, means an activity that--
(a) is relevant to the regulatory
review; and
561014B.I-27/2/2007 3 BILL LA INTRODUCTION 27/2/2007
Gambling Regulation Amendment (Review Panel) Bill 2007
s. 3
(b) is authorised or licensed under this
Act;
relevant entity means--
(a) the Commission; or
5 (b) a public official (within the
meaning of the Public
Administration Act 2004)
employed in--
(i) the Department administered
10 by the Minister; or
(ii) the Department administered
by the Premier; or
(iii) the Department administered
by the Treasurer; or
15 (c) a person engaged to provide
services to an entity referred to in
paragraph (a) or (b);
Secretary means Secretary to the Department
administered by the Minister.
20 Division 2--Establishment and functions
10.2A.2 Establishment of Review Panel
A Review Panel is established.
10.2A.3 Functions and powers of Review Panel
(1) The functions of the Review Panel are--
25 (a) to consider, and report to the Minister,
whether, in the preparation of
recommendations or reports to the
Minister by a relevant entity with
respect to the regulatory review--
30 (i) all parties interested in a relevant
activity have been treated
impartially and have been given
561014B.I-27/2/2007 4 BILL LA INTRODUCTION 27/2/2007
Gambling Regulation Amendment (Review Panel) Bill 2007
s. 3
the same opportunity to access
information and advice in relation
to the review process; and
(ii) information received from parties
5 referred to in subparagraph (i) has
been managed to ensure the
security and confidentiality of
intellectual property and
proprietary information; and
10 (iii) every relevant entity involved in
the regulatory review has been
required to declare any actual or
perceived conflict of interest
before participating in the
15 regulatory review; and
(iv) any conflict of interest referred to
in subparagraph (iii) has been
appropriately addressed; and
(v) there has been any improper
20 interference with the making of a
recommendation or report; and
(vi) the preparation of a
recommendation or report
discloses bias or anything that
25 could lead to a reasonable
apprehension of bias;
(b) to consider, and report to the Minister,
whether, in the preparation of
recommendations or reports to the
30 Minister by a relevant entity with
respect to the authorisation and
licensing process--
(i) all registrants (if applicable) and
applicants for an authorisation or a
35 licence have been treated equally
and impartially and have been
561014B.I-27/2/2007 5 BILL LA INTRODUCTION 27/2/2007
Gambling Regulation Amendment (Review Panel) Bill 2007
s. 3
given the same opportunity to
access information and advice
about the authorisation and
licensing process; and
5 (ii) all protected information has been
managed to ensure its security and
confidentiality; and
(iii) all registrants and applicants
referred to in subparagraph (i)
10 have been evaluated in a
systematic manner against explicit
predetermined evaluation criteria;
and
(iv) every relevant entity involved in
15 the authorisation and licensing
process has been required to
declare any actual or perceived
conflict of interest before
participating in the process; and
20 (v) any conflict of interest referred to
in subparagraph (iv) has been
appropriately addressed; and
(vi) there has been any improper
interference with the making of a
25 recommendation or report; and
(vii) the preparation of a
recommendation or report
discloses bias or anything that
could lead to a reasonable
30 apprehension of bias;
(c) to consider, and report to the Minister
on, any other matter referred to the
Review Panel under subsection (2);
(d) to report to the Minister on request
35 under section 10.2A.12(2).
561014B.I-27/2/2007 6 BILL LA INTRODUCTION 27/2/2007
Gambling Regulation Amendment (Review Panel) Bill 2007
s. 3
(2) On the recommendation of the Minister, the
Governor in Council, by Order published in
the Government Gazette, may refer any
matter to the Review Panel for consideration
5 and report to the Minister.
(3) The Review Panel has all the powers
necessary to perform its functions.
(4) Nothing in this Part requires or authorises the
Review Panel to consider or report to the
10 Minister with respect to the regulatory
review or the authorisation and licensing
process to the extent that the review or
process led to any decision publicly
announced by the Minister before the
15 commencement of this Part.
Division 3--Membership of Review Panel
10.2A.4 Membership of Review Panel
The Review Panel consists of--
(a) a chairperson; and
20 (b) 2 or 3 other members--
appointed by the Governor in Council on the
recommendation of the Minister.
10.2A.5 Chairperson
(1) The Governor in Council, on the
25 recommendation of the Minister, may
appoint a person as chairperson of the
Review Panel.
(2) A person is not eligible for appointment as
chairperson unless he or she has been a judge
30 of--
(a) the High Court; or
561014B.I-27/2/2007 7 BILL LA INTRODUCTION 27/2/2007
Gambling Regulation Amendment (Review Panel) Bill 2007
s. 3
(b) the Federal Court; or
(c) the Supreme Court of a State or
Territory; or
(d) the County Court or a court of another
5 State or Territory of equivalent status to
the County Court.
(3) The appointment as chairperson of a person
who has been a judge of the Supreme Court
or the County Court does not affect any
10 pension or other rights or privileges the
person has as a former judge.
(4) The appointment is on the terms and
conditions, including remuneration,
determined by the Governor in Council.
15 10.2A.6 Other members
(1) The Governor in Council, on the
recommendation of the Minister, may
appoint a qualified person as a member of
the Review Panel.
20 Note
2 or 3 members are to be appointed under this
section--see section 10.2A.4(b).
(2) A person is qualified to be appointed as a
member under this section if the Minister is
25 satisfied that the person has appropriate
knowledge, experience and expertise to
perform a member's functions.
(3) The appointment is on the terms and
conditions, including remuneration,
30 determined by the Governor in Council.
561014B.I-27/2/2007 8 BILL LA INTRODUCTION 27/2/2007
Gambling Regulation Amendment (Review Panel) Bill 2007
s. 3
10.2A.7 Vacancies and resignation
(1) A member's office becomes vacant if he or
she--
(a) resigns by notice in writing delivered to
5 the Minister; or
(b) is removed from office under
subsection (2).
(2) The Governor in Council, on the
recommendation of the Minister, may
10 remove a member from office if the
member--
(a) has refused, neglected or failed to carry
out the duties of office; or
(b) has demonstrated inefficiency or
15 misbehaviour in carrying out those
duties; or
(c) is employed, in any capacity, by a key
operative; or
(d) knowingly has, directly or indirectly,
20 any business or financial association
with, or any business or financial
interest in any matter in conjunction
with, a key operative.
(3) Subsection (2)(d) does not apply if the
25 member complies with subsection (4)(a) and
with any direction of the Secretary under
subsection (4)(b) in relation to the
association or interest.
(4) A member who knowingly has, directly or
30 indirectly, any business or financial
association with, or any business or financial
interest in any matter in conjunction with, a
key operative must forthwith--
561014B.I-27/2/2007 9 BILL LA INTRODUCTION 27/2/2007
Gambling Regulation Amendment (Review Panel) Bill 2007
s. 3
(a) notify the Secretary of the association
or interest; and
(b) if directed to do so by the Secretary,
within a time specified by the Secretary
5 terminate the association or relinquish
the interest.
10.2A.8 Acting chairperson
(1) The Minister may appoint another member
of the Review Panel to act as chairperson--
10 (a) during a vacancy in the office of
chairperson; or
(b) if the chairperson is absent or, for any
other reason, is unable to perform the
duties of office.
15 (2) The acting chairperson is not required to be
eligible for appointment as chairperson as set
out in section 10.2A.5(2).
(3) The Minister may terminate the appointment
of an acting chairperson at any time.
20 (4) While acting as chairperson, the acting
chairperson--
(a) has and may perform all the functions
of the chairperson; and
(b) is entitled to be paid the remuneration
25 to which the chairperson would have
been entitled.
Division 4--Procedure of Review Panel
10.2A.9 Meetings
(1) The quorum for a meeting of the Review
30 Panel is a majority of members for the time
being, at least one of whom must be the
chairperson or acting chairperson.
561014B.I-27/2/2007 10 BILL LA INTRODUCTION 27/2/2007
Gambling Regulation Amendment (Review Panel) Bill 2007
s. 3
(2) The chairperson, or in his or her absence the
acting chairperson, is to preside at a meeting
of the Review Panel.
(3) Subject to this section, the Review Panel
5 may regulate its own procedure.
(4) The Review Panel may meet with one or
more relevant entities at any time during the
regulatory review or the authorisation and
licensing process.
10 10.2A.10 Reports
(1) The Review Panel--
(a) may at any time give a written report to
the Minister on the performance of its
functions; and
15 (b) must give a written report to the
Minister on the performance of its
functions, within the time specified by
the Minister, if directed to do so by the
Minister.
20 (2) The Minister must consult the Review Panel
before specifying the time for a report under
subsection (1)(b).
(3) A report on a matter referred to the Review
Panel under section 10.2A.3(2) must include
25 a copy of the Order referring the matter.
10.2A.11 Publication of Review Panel reports
(1) The Minister must give a copy of each report
of the Review Panel to the Secretary as soon
as practicable after receiving it.
30 (2) Subject to subsection (3), the Secretary must
cause a copy of each report to be published
on an appropriate Internet site--
561014B.I-27/2/2007 11 BILL LA INTRODUCTION 27/2/2007
Gambling Regulation Amendment (Review Panel) Bill 2007
s. 3
(a) in the case of a report with respect to
the regulatory review, as soon as
practicable after the Minister publicly
announces the government's decision
5 on the regulatory review;
(b) in the case of a report with respect to
the authorisation and licensing process,
as soon as practicable after the Minister
publicly announces the grant or issue of
10 an authorisation or licence that is the
subject of the report;
(c) in any other case, when requested by
the Minister to do so.
(3) Before publishing a copy of a report under
15 subsection (2), the Secretary must exclude
from the report any information that, in the
opinion of the Minister, is--
(a) protected information; or
(b) information that is or could be the
20 subject of legal professional privilege.
10.2A.12 Direction in response to Review Panel's
reports
(1) The Minister may give a written direction to
a relevant entity to take all reasonable steps
25 to address any finding or implement any
recommendation contained in a report of the
Review Panel.
(2) The Minister may request the Review Panel
to report to the Minister on a relevant entity's
30 compliance with a direction under
subsection (1).".
561014B.I-27/2/2007 12 BILL LA INTRODUCTION 27/2/2007
Gambling Regulation Amendment (Review Panel) Bill 2007
s. 4
4 Consequential amendments
In the Gambling Regulation Act 2003--
(a) in section 1.1(3), after paragraph (j) insert--
"(k) establishes a Review Panel to report to
5 the Minister on certain processes;";
(b) in section 10.1.29, in the definition of
"regulated person", in paragraph (f), for
"Minister." substitute "Minister;";
(c) in section 10.1.29, in the definition of
10 "regulated person", after paragraph (f)
insert--
"(g) a member of the Review Panel
established by section 10.2A.2.".
5 Repeal of Act
15 This Act is repealed on 1 December 2008.
561014B.I-27/2/2007 13 BILL LA INTRODUCTION 27/2/2007
Gambling Regulation Amendment (Review Panel) Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561014B.I-27/2/2007 14 BILL LA INTRODUCTION 27/2/2007
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