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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gambling Regulation Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
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CHAPTER 1--PRELIMINARY 1
1.1 Purpose, objectives and outline 1
1.2 Commencement 4
1.3 Definitions 4
1.4 Who is an associate? 25
1.5 Money invested 27
1.6 Act binds the Crown 27
CHAPTER 2--GENERAL PROHIBITION ON GAMBLING 28
PART 1--INTRODUCTION 28
2.1.1 Purpose 28
2.1.2 Definitions 28
2.1.3 Application of Chapter 32
PART 2--PROHIBITION ON LOTTERIES 33
Division 1--Prohibited Lotteries 33
2.2.1 Lotteries prohibited 33
2.2.2 Establishing or conducting a lottery 33
2.2.3 Advertising lotteries 34
2.2.4 Lottery ticket offences 35
2.2.5 Keeping a house etc. for purpose of a lottery 36
2.2.6 Participants in a lottery 36
Division 2--Permitted Lotteries 37
2.2.7 Authorised raffles, lotteries etc. 37
2.2.8 Games at amusement centres, fetes, carnivals etc. 37
2.2.9 Calcutta Sweepstakes 38
PART 3--UNLAWFUL GAMES AND GAMING 40
2.3.1 Unlawful games 40
2.3.2 Two-up may be played on ANZAC Day 41
2.3.3 Common gaming houses and places 42
2.3.4 Gaming in public places 43
2.3.5 Cheating at play 43
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PART 4--GAMING OR WAGERING AGREEMENTS 44
2.4.1 Gaming or wagering contracts are void 44
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2.4.2 Non-application of section 2.4.1 44
PART 5--BETTING 46
Division 1--Betting Houses and Places of Betting 46
2.5.1 What are betting houses and places of betting? 46
2.5.2 Offences in respect of betting houses or places of betting 47
2.5.3 Money received may be recovered from persons
receiving it 48
2.5.4 Division not to extend to stakeholder or to owner of horse
in any race 48
2.5.5 Penalty on persons exhibiting placards or advertising
betting houses or places of betting 49
2.5.6 Penalty on persons advertising as to betting 49
Division 2--Betting in Public Places 50
2.5.7 Definition 50
2.5.8 Prohibition on betting in public places 50
2.5.9 Money received may be recovered from persons receiving it 52
2.5.10 Permitted sports betting in public places 52
Division 3--Betting with Minors 52
2.5.11 Definition 52
2.5.12 Offence to bet with minor or invite minor to bet 53
2.5.13 Person betting with apparent minors is taken to have
knowledge of minority 53
Division 4--Totalisators 54
2.5.14 Offences in respect of totalisators 54
Division 5--Advertisements, Communications, etc., about Betting 55
2.5.15 Restrictions on publication etc. of information concerning
betting etc. 55
2.5.16 Exceptions to section 2.5.15 57
2.5.17 Betting placards and notices not to be posted up anywhere 58
2.5.18 Penalty for communicating certain racing information while
race meeting is being held 59
2.5.19 Certain communications etc. exempted 60
Division 6--Common Gaming Houses and Places 61
2.5.20 What is a common gaming house or place? 61
2.5.21 Warrant to enter common gaming house and search and
seize on premises 62
2.5.22 Offence to obstruct the entry of authorised members of
police force 63
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2.5.23 Obstructing entry to be evidence of house being a common
gaming house 64
2.5.24 Offence of permitting premises to be used as or as access to
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a common gaming house or place 65
2.5.25 Power of owner to evict occupier of common gaming
house or place 65
2.5.26 Cancellation of notice to quit 66
2.5.27 Declaration of common gaming house or place 67
2.5.28 Application for rescission by owner etc. 68
2.5.29 Application for rescission by police 68
2.5.30 Notice in the Government Gazette 69
2.5.31 Other notices of declaration 69
2.5.32 Persons found etc. in declared common gaming house 71
2.5.33 Convicted persons found in declared common gaming
house 71
2.5.34 No business to be carried on in declared common gaming
house 72
2.5.35 Liability of owner 72
2.5.36 Liability of occupier 73
2.5.37 Additional penalty for continuing offences 73
2.5.38 Entry by police 73
2.5.39 Special warrant to enter premises suspected of being used
as accessory to a common gaming house 74
2.5.40 Procedure where house or place is entered under a special
warrant etc. 76
2.5.41 Persons required to be examined as witnesses making a
full discovery to receive a certificate 78
2.5.42 Indemnity of witnesses 79
2.5.43 Persons found in common gaming house or place 80
2.5.44 Being disguised in common gaming house or place 80
Division 7--Services relating to Betting 80
2.5.45 Offence to promote or advertise betting or offer or provide
services relating to betting 80
PART 6--GENERAL 82
2.6.1 Possession of instrument of betting 82
2.6.2 Search and seizure of instruments of betting 83
2.6.3 Money stolen and paid away in bets is recoverable 83
2.6.4 Acting as keeper of gaming houses etc. 83
2.6.5 Evidence as to offences 84
2.6.6 Instruments of gaming on vessels 86
2.6.7 Vicarious liability 86
2.6.8 Accomplice 86
2.6.9 Entry of police to public places 87
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CHAPTER 3--GAMING MACHINES 88
PART 1--INTRODUCTION 88
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3.1.1 Purpose 88
3.1.2 Definitions 88
3.1.3 Machines may be declared to be gaming machines 90
3.1.4 Conduct of gaming and playing gaming machines 90
3.1.5 Application of Chapter to casino operator 91
3.1.6 Application of Chapter to tabaret premises 92
PART 2--GENERAL AUTHORISATION FOR GAMING ON
GAMING MACHINES 93
Division 1--Legality of Gaming Machine Gaming 93
3.2.1 Gaming in approved venue declared lawful 93
3.2.2 Possession of gaming machines may be authorised 93
Division 2--Ministerial Directions and Regional Limits 94
3.2.3 Ministerial directions as to requirements for gaming
machines 94
3.2.4 Regional limits on gaming machines 95
3.2.5 No compensation payable 97
PART 3--APPROVAL OF PREMISES FOR GAMING 98
Division 1--Introduction 98
3.3.1 Outline of Part 98
Division 2--Premises Approvals 98
3.3.2 Which premises may be approved as suitable for gaming? 98
3.3.3 Which premises may be approved for 24 hour gaming? 99
3.3.4 Application for approval of premises 99
3.3.5 Notification of responsible authority 100
3.3.6 Responsible authority may make submission 101
3.3.7 Matters to be considered in determining applications 101
3.3.8 Determination of application 102
3.3.9 Conditions of approval 103
3.3.10 Duration of approval 104
3.3.11 Variation of approval 104
3.3.12. Revocation of approval 104
3.3.13 Automatic revocation of approval 105
3.3.14 Tribunal review of approval 105
3.3.15 Surrender of approval 106
Division 3--Modification of Gaming Machine Areas 106
3.3.16 Modification of gaming machine areas 106
3.3.17 Appeal 107
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PART 4--LICENSING OF OPERATORS, EMPLOYEES AND
TECHNICIANS AND LISTING OF MANUFACTURERS,
SUPPLIERS AND TESTERS 108
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Division 1--Authority Conferred by Licences and Listing 108
3.4.1 Authority conferred by venue operator's licence 108
3.4.2 Authority conferred by gaming operator's licence 108
3.4.3 Authority conferred by a special employee's licence 109
3.4.4 Authority conferred by a technician's licence 109
3.4.5 Authority conferred by listing on the Roll 110
3.4.6 Offence to breach licence conditions 111
3.4.7 Offence to breach condition of listing on Roll 111
Division 2--Venue Operator's Licence 111
3.4.8 Application for venue operator's licence 111
3.4.9 Gaming operator not to be venue operator 112
3.4.10 Objections 112
3.4.11 Matters to be considered in determining applications 113
3.4.12 Determination of applications and duration of licence 114
3.4.13 Register of venue operators and approved venues 115
3.4.14 Nominee of licensee 116
3.4.15 Venue operator's licence is non-transferable 118
3.4.16 Renewal of venue operator's licence 118
3.4.17 Amendment of conditions 119
3.4.18 Proposal of amendment by venue operator 120
3.4.19 Submissions on proposed amendments 121
3.4.20 Consideration and making of amendment 122
3.4.21 Tribunal review of amendment increasing number of
gaming machines 124
3.4.22 Notification of certain applications concerning liquor
licence 125
3.4.23 Notification of certain changes 126
3.4.24 Endorsement of licence and Register 127
3.4.25 Disciplinary action against venue operator 129
3.4.26 Letter of censure 132
3.4.27 Suspension of venue operator's licence pending criminal
proceedings 132
3.4.28 Provisional venue operator's licence 133
Division 3--Gaming Operator's Licence 133
3.4.29 Gaming operator's licence 133
3.4.30 Premium payment 133
3.4.31 Matters to be considered in determining grant of licence 134
3.4.32 Duration of licence 135
3.4.33 Entitlement of former licensee on grant of new licence 135
3.4.34 Amendment of conditions 137
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3.4.35 Gaming operator's licence is non-transferable 137
3.4.36 Disciplinary action 137
3.4.37 Cancellation of gaming operator's licence 138
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Division 4--Special Employee's Licence 140
3.4.38 Definitions 140
3.4.39 Special employees to be licensed 140
3.4.40 Application for special employee's licence 141
3.4.41 Determination of applications 141
3.4.42 Conditions of special employee's licence 142
3.4.43 Appeal 143
3.4.44 Identification of special employees 144
3.4.45 Provisional special employee's licences 145
3.4.46 Duration of special employee's licence 145
3.4.47 Renewal of special employee's licence 146
3.4.48 Disciplinary action 147
3.4.49 Suspension of special employee's licence in connection
with criminal proceedings 149
3.4.50 Effect etc. of suspension 149
3.4.51 Return of licence on suspension or cancellation 149
3.4.52 Termination of employment on suspension or cancellation
of licence 149
3.4.53 Licensee to provide information relating to licence 150
3.4.54 Compulsory training for special employees 150
Division 5--Technician's Licence 151
3.4.55 Definitions 151
3.4.56 Only licensed technicians to repair etc. gaming equipment 152
3.4.57 Licensing procedure 152
3.4.58 Offences 153
Division 6--Casino and Bingo Centre Employees 153
3.4.59 Special employee's licences and technician's licences 153
Division 7--Roll of Manufacturers, Suppliers and Testers 154
3.4.60 The Roll 154
3.4.61 Application to be listed on Roll 154
3.4.62 Objections 155
3.4.63 Determination of applications 156
3.4.64 Imposition and amendment of conditions 157
3.4.65 Disciplinary action 158
3.4.66 Letter of censure 160
3.4.67 Voluntary removal from Roll 161
3.4.68 Payments etc. to venue operator unlawful 161
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PART 5--CONTROL OF GAMING 162
Division 1--Manufacturing and Obtaining Gaming Machines 162
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3.5.1 Manufacture, sale, supply, obtaining or possession of
gaming machines 162
3.5.2 Gaming machine contracts to be approved by Commission 163
Division 2--Controls over Gaming Machines and Games 164
3.5.3 Commission's standards for gaming machine types and
games 164
3.5.4 Approval of gaming machine types and games 165
3.5.5 Variation of gaming machine types and games 165
3.5.6 Withdrawal of approval 166
3.5.7 Linked jackpots unlawful without approval 168
3.5.8 Identification of machines 168
3.5.9 Gaming prohibited on unprotected devices 169
3.5.10 Unlawful interference with gaming equipment 169
3.5.11 Protection of sensitive areas of gaming equipment 170
3.5.12 Testing of electronic monitoring system 172
3.5.13 Approval of electronic monitoring systems 172
3.5.14 Access to gaming machines 173
3.5.15 Installation and storage of gaming machines 174
3.5.16 Certificates of installation 174
3.5.17 Offence to play gaming machine not installed as authorised 176
3.5.18 Gaming only permitted in gaming machine areas 176
3.5.19 Gaming tokens 176
3.5.20 Malfunction of gaming machines 176
3.5.21 Defective gaming machines not allowed 177
3.5.22 After hours gaming 178
3.5.23 The Commission's rules 179
3.5.24 Disallowance of rules 180
3.5.25 Inspection of rules 181
3.5.26 Rules to be enforced 181
3.5.27 Commission may give directions 181
3.5.28 Inducements, cheating etc. 182
Division 3--Responsible Gaming Measures 184
3.5.29 Banning large denomination note acceptors and autoplay
facilities 184
3.5.30 Spin rates 185
3.5.31 Credit etc. 185
3.5.32 Limiting withdrawals and advances from cash facilities 185
3.5.33 Payment of winnings and cashing of cheques 186
Division 4--Gaming Machine Advertising 187
3.5.34 Prohibition on publishing gaming machine advertising 187
3.5.35 Prohibition on displaying gaming machine related signs 188
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Division 5--Loyalty Schemes 189
3.5.36 Loyalty schemes 189
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3.5.37 Player activity statements 191
3.5.38 Suspension of person who fails to collect their player
activity statement 192
3.5.39 Opting out of loyalty schemes 193
3.5.40 No advertising to people suspended or removed from
loyalty schemes 193
3.5.41 Loyalty scheme participant information 194
Division 6--Removal of People from Approved Venues 195
3.5.42 Application of Division 195
3.5.43 Removal of certain persons 195
Division 7--Minors 196
3.5.44 Definitions 196
3.5.45 Application of Division 196
3.5.46 Minors not to enter gaming machine areas 196
3.5.47 Minors not to play gaming machines in approved venues 196
3.5.48 Minors in approved venue--offences by venue operator 196
3.5.49 Entry of minors to be prevented 197
3.5.50 Proof of age may be required 198
3.5.51 Minor using false evidence of age 198
3.5.52 Notices to be displayed 199
3.5.53 Apprentices permitted entry to gaming machine area 199
PART 6--RETURNS TO PLAYERS, LEVIES AND TAXES 200
Division 1--Returns to Players 200
3.6.1 Returns to players 200
Division 2--Taxes and Levies 200
3.6.2 Definitions 200
3.6.3 Health benefit levy 201
3.6.4 Hypothecation of health benefit levy 202
3.6.5 Holder of gaming operator's licence to pay supervision
charge 202
3.6.6 Taxation 203
3.6.7 Additional tax for holder of gaming operator's licence 205
3.6.8 Declaration of different rate of return 205
3.6.9 Community benefit statements 207
3.6.10 Interest on late payment 208
3.6.11 Hospitals and charities and mental health levy 209
3.6.12 Payment to Community Support Fund 209
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PART 7--COMPLIANCE REQUIREMENTS 210
Division 1--Introduction 210
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3.7.1 Definition 210
3.7.2 Application of Part 210
Division 2--Banking, Accounting and Auditing 210
3.7.3 Banking 210
3.7.4 Accounting records 211
3.7.5 Books etc. to be kept on the premises 212
3.7.6 Audit of gaming operator 213
PART 8--ONGOING MONITORING 215
3.8.1 Change in situation of licensees, associates etc. 215
3.8.2 Notification of persons becoming associates 215
3.8.3 Investigation of associates and others 216
3.8.4 Termination of association 216
PART 9--GENERAL 219
Division 1--Declared Operator of Gaming Operator's Licence 219
3.9.1 Minister may declare company to be operator 219
3.9.2 Application for approval 220
3.9.3 Approval of a wholly-owned subsidiary 220
Division 2--General 221
3.9.4 Prohibition on recovery of costs of investigating persons
on Roll or their associates 221
3.9.5 Appeals 222
3.9.6 Injunctions to prevent contraventions etc. 223
CHAPTER 4--WAGERING AND BETTING 224
PART 1--INTRODUCTION 224
4.1.1 Purpose 224
4.1.2 Definitions 224
4.1.3 Exemption of totalisators 225
PART 2--GENERAL AUTHORISATION FOR WAGERING
AND BETTING 226
Division 1--Legality of Wagering and Betting 226
4.2.1 Wagering and approved betting competitions 226
4.2.2 Use of totalisator lawful 226
4.2.3 Approval of totalisator equipment 227
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Division 2--Betting rules 228
4.2.4 Totalisator or approved betting competition not to be
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conducted without rules 228
4.2.5 Licensee to make betting rules 228
4.2.6 Disallowance of betting rules 230
PART 3--WAGERING LICENCE AND GAMING LICENCE 231
Division 1--Authority of Licences 231
4.3.1 Wagering licence 231
4.3.2 Gaming licence 231
4.3.3 One licence 231
4.3.4 Licences non-transferable 232
Division 2--Grant of Licences 232
4.3.5 Application for licences 232
4.3.6 Matters to be considered in determining application 233
4.3.7 Recommendation on application 234
4.3.8 Grant of licences 234
4.3.9 Duration of licences and licence conditions 235
4.3.10 Amendment of licence conditions 236
4.3.11 Powers of licensee under Corporations Act not affected 236
Division 3--Entitlement of Former Licensee 236
4.3.12 Entitlement of former licensee on grant of new licences 236
4.3.13 What is the licence value of the former licences? 237
4.3.14 When must the payment be made? 239
Division 4--Operators 239
4.3.15 Appointment of operators 239
4.3.16 Application for approval 240
4.3.17 Approval of wholly-owned subsidiary 240
Division 5--Regulation of Shareholding Interests 241
4.3.18 Definitions 241
4.3.19 Application of Division 244
4.3.20 Prohibited shareholding interest 245
4.3.21 Power to require information relating to entitlement to
shares in licensee 245
4.3.22 Disposal, forfeiture etc. of shares where prohibited
shareholding interest 247
4.3.23 Voting rights in respect of certain shares 249
4.3.24 Annulment of certain resolutions of the licensee 250
4.3.25 Making, review and revocation of declarations by Minister 251
4.3.26 Appeal against declarations of Minister 252
4.3.27 Sale of forfeited shares 253
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Division 6--Further Licensing Restrictions and Requirements 254
4.3.28 Restrictions on directors of licensee or operator 254
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4.3.29 Licensee and others not to be associated with certain
activities 255
4.3.30 Change in situation of licensee or operator 256
Division 7--Disciplinary action and cancellation 258
4.3.31 Disciplinary action 258
4.3.32 Cancellation of both licences 259
4.3.33 Appointment of temporary licensee if licence cancelled 260
PART 4--ON-COURSE WAGERING PERMIT 262
Division 1--Authority of Permit 262
4.4.1 On-course wagering permit 262
Division 2--Grant of Permit 262
4.4.2. Application for permit 262
4.4.3 Matters to be considered in determining application 263
4.4.4 Grant of permit 264
4.4.5 Permit is non-transferable 264
Division 3--Conduct of On-course Wagering 265
4.4.6 Compliance with betting rules 265
4.4.7 Racing industry and licensee 265
Division 4--Commissions, Dividends and Taxes 265
4.4.8 Commissions 265
4.4.9 Dividends 265
4.4.10 Wagering tax 266
4.4.11 Hospitals and Charities Fund 267
4.4.12 Supervision charge 267
Division 5--General 268
4.4.13 Unclaimed refunds and dividends 268
PART 5--APPROVED BETTING COMPETITIONS 269
4.5.1 Approval of betting competitions 269
4.5.2 Events and contingencies 269
4.5.3 Notice of approved betting competitions 270
4.5.4 Conditions of approval 270
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PART 6--COMMISSIONS, DIVIDENDS AND TAXES 271
Division 1--Wagering 271
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4.6.1 Commissions 271
4.6.2 Dividends 271
4.6.3 Wagering tax 272
Division 2--Approved Betting Competitions 273
4.6.4 Commissions--totalisators 273
4.6.5 Dividends 273
4.6.6 Tax 274
Division 3--Supervision Charge 275
4.6.7 Licensee to pay charge 275
Division 4--General 275
4.6.8 Hospitals and Charities Fund 275
4.6.9 Unclaimed refunds, dividends and prizes 276
PART 7--OFFENCES 277
4.7.1 Minors 277
4.7.2 Offences relating to totalisators and approved betting
competitions 277
4.7.3 Tickets etc. purportedly issued by licensee 280
4.7.4 Offence related to payment of dividends or prizes 280
4.7.5 Inducements, cheating etc. 280
4.7.6 Offence to extend credit etc. 281
PART 8--COMPLIANCE REQUIREMENTS 282
Division 1--Banking, Accounting and Auditing 282
4.8.1 Application of Division 282
4.8.2 Banking 282
4.8.3 Accounts 283
4.8.4 Books etc. to be kept on the premises 284
4.8.5 Audit of wagering operator and permit holders 285
Division 2--Reporting 286
4.8.6 Submission of reports 286
CHAPTER 5--LOTTERIES 288
PART 1--INTRODUCTION 288
5.1.1 Purposes 288
5.1.2 Definitions 288
5.1.3 Application of Chapter 289
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PART 2--PUBLIC LOTTERIES 290
Division 1--Legality of Public Lotteries 290
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5.2.1 Public lotteries declared lawful 290
Division 2--Public Lottery Rules 290
5.2.2 Lottery rules 290
5.2.3 When do lottery rules come into force? 291
5.2.4 Publication and inspection of lottery rules 291
5.2.5 Disallowance of lottery rules 292
Division 3--Conduct of Public Lotteries 293
5.2.6 Supervision of public lottery draws by Commission's
representative 293
5.2.7 Licensee to record entries 293
5.2.8 Prohibition on accepting public lottery entries by minors 294
5.2.9 Licensee not to act as credit provider 294
5.2.10 Non-monetary prizes 294
5.2.11 Prohibition of certain schemes 295
5.2.12 Publicity concerning prizewinners 296
PART 3--PUBLIC LOTTERY LICENCES 297
Division 1--Number and Type of Public Lottery Licences 297
5.3.1 Minister determines number and type of public lottery
licences 297
5.3.2 Which public lotteries can be licensed? 297
Division 2--Licensing Procedure 298
5.3.3 Application for licence 298
5.3.4 Report to Minister by Commission 299
5.3.5 Determination of applications 300
5.3.6 Issue of licence 300
5.3.7 Licence conditions 301
5.3.8 Duration of licence 301
5.3.9 Premium payment 302
5.3.10 Licence is non-transferable 302
5.3.11 Publication and tabling of licences 302
5.3.12 Inspection of licence 302
5.3.13 Register of licences 303
Division 3--Appointing Subsidiaries to Conduct Public Lotteries 303
5.3.14 Appointment of subsidiaries 303
5.3.15 Approval of subsidiary 304
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Division 4--Amending and Surrendering Licences 304
5.3.16 Request by licensee for amendment of licence 304
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5.3.17 Notification of other affected licensees 305
5.3.18 Objection by other licensees 305
5.3.19 Amendment of licence 305
5.3.20 Surrender of licence 307
Division 5--Disciplinary Action 307
5.3.21 Grounds for disciplinary action 307
5.3.22 Commission may recommend disciplinary action 308
5.3.23 Minister may take disciplinary action 308
5.3.24 Suspension of licence pending criminal proceedings 310
5.3.25 Effect of licence suspension 310
5.3.26 Application of Division to appointed subsidiaries 310
PART 4--RETURNS TO PLAYERS AND TAXES 311
Division 1--Returns to Players 311
5.4.1 Returns to players 311
Division 2--Taxes 311
5.4.2 Supervision charge 311
5.4.3 Public lottery tax 312
5.4.4 Penalty interest for late payment 313
5.4.5 Recovery of amounts 313
5.4.6 Application of tax proceeds 314
5.4.7 Sharing tax with other jurisdictions 314
PART 5--COMPLIANCE REQUIREMENTS 317
Division 1--Financial Recording and Reporting 317
5.5.1 Licensee to keep accounts and records 317
5.5.2 Annual financial statements 317
5.5.3 Audit 318
5.5.4 Extension of time for annual financial statements 318
5.5.5 Failure to submit annual financial statements 319
5.5.6 Agents and subsidiaries to comply with Division 319
Division 2--Other Requirements 319
5.5.7 Directions to licensees 319
5.5.8 Claims for prize 320
5.5.9 Prizes unclaimed after 12 months 321
5.5.10 Complaints 321
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PART 6--ONGOING MONITORING 323
5.6.1 Notification of change in situation of licensee or associates 323
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5.6.2 Notification of persons becoming associates 324
5.6.3 Investigations of licensee 324
5.6.4 Requirement to give information to Commission 324
5.6.5 Investigation of associates and others 326
5.6.6 Termination of association 326
5.6.7 Application of Division to appointed subsidiary 328
PART 7--TRADE PROMOTION LOTTERIES 329
Division 1--Legality of Trade Promotion Lotteries 329
5.7.1 Trade promotion lotteries declared lawful 329
5.7.2 No permit required if prize value $5000 or less 329
Division 2--Permit to Conduct a Trade Promotion Lottery 329
5.7.3 Application for permit to conduct a trade promotion lottery 329
5.7.4 Determination of application 330
5.7.5 Permit conditions 331
5.7.6 Duration of permit 331
5.7.7 Nominee of permit holder 331
5.7.8 Replacement nominee 332
5.7.9 Amendment of conditions 333
5.7.10 Appeal 334
Division 3--Disciplinary Action 335
5.7.11 Definitions 335
5.7.12 Investigation of permit holder 336
5.7.13 Taking disciplinary action 337
5.7.14 Letter of censure 338
5.7.15 Suspension of permit 338
Division 4--Compliance and Offences 338
5.7.16 Conducting trade promotion lottery in contravention of
Act etc. 338
5.7.17 Change in situation of permit holder 339
5.7.18 Records 339
Division 5--Reviews 339
5.7.19 Tribunal reviews 339
Division 6--General 340
5.7.20 Commissioner may perform Commission's functions 340
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CHAPTER 6--CLUB KENO 341
PART 1--INTRODUCTION 341
Victorian Legislation and Parliamentary Documents
6.1.1 Purpose 341
6.1.2 Definitions 341
PART 2--CLUB KENO GAMES 342
Division 1--Legality of Club Keno Games 342
6.2.1 Club keno games conducted by participants are lawful 342
6.2.2 Authorisation for club keno games 342
6.2.3 Club keno not subject to Chapter 3 342
6.2.4 Club Keno games may be conducted in approved venues 342
Division 2--Conducting Club Keno Games 343
6.2.5 Sale of tickets 343
6.2.6 Agents of participants 343
6.2.7 Defective machinery etc. 343
6.2.8 Unlawful interference with club keno system 344
6.2.9 Use of defective club keno machinery etc. 344
6.2.10 Credit etc. 345
PART 3--RETURNS TO PLAYERS, TAXES AND LEVIES 346
Division 1--Returns to Players 346
6.3.1 Returns to players 346
Division 2--Taxes and Levies 346
6.3.2 Duty payable by participants 346
6.3.3 Hospitals, charities and mental health levy 348
PART 4--COMPLIANCE REQUIREMENTS 349
Division 1--Accounting, Reporting and Auditing 349
6.4.1 Accounting records 349
6.4.2 Annual financial statements 349
6.4.3 Audit 350
6.4.4 Tabling financial statements in Parliament 351
Division 2--Complaints 351
6.4.5 Investigation of complaints 351
PART 5--APPROVAL OF SUBSIDIARIES 352
6.5.1 Minister may declare company to be participant 352
6.5.2 Application for approval 353
6.5.3 Approval of a wholly-owned subsidiary 353
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CHAPTER 7--INTERACTIVE GAMING 355
PART 1--INTRODUCTION 355
Victorian Legislation and Parliamentary Documents
7.1.1 Purpose 355
7.1.2 Definitions 355
7.1.3 Meaning of interactive game 357
7.1.4 Meaning of approved game 359
7.1.5 Participating jurisdictions 359
7.1.6 Territorial application of this Chapter 361
PART 2--GENERAL AUTHORISATION FOR INTERACTIVE
GAMING 362
7.2.1 Lawful activities 362
7.2.2 Offence to conduct unauthorised interactive gaming 362
PART 3--INTERACTIVE GAMING LICENCES 364
Division 1--Licensing Procedure 364
7.3.1 Application for interactive gaming licence 364
7.3.2 Matters to be considered in determining applications 364
7.3.3 Suitability of applicant to hold interactive gaming licence 365
7.3.4 Suitability of associates 367
7.3.5 Determination of applications 367
7.3.6 Changing conditions of licence 368
7.3.7 Interactive gaming licence non-transferable 368
7.3.8 Surrender of interactive gaming licence 368
Division 2--Disciplinary Action 369
7.3.9 Definitions 369
7.3.10 Grounds for disciplinary action 370
7.3.11 Taking disciplinary action 371
7.3.12 Letter of censure 372
7.3.13 Suspension of interactive gaming licence pending criminal
proceedings 372
7.3.14 Effect of licence suspension 373
Division 3--Endorsement of Licence 373
7.3.15 Power to executors, trustees etc. to carry on business
under licence 373
7.3.16 Effect of endorsements 374
7.3.17 Licence lapses if not endorsed 374
PART 4--CONTROL OF INTERACTIVE GAMING 375
Division 1--Player Registration 375
7.4.1 Player registration and acceptance of wagers 375
7.4.2 Minors not to be registered 375
7.4.3 Verification of player's identity 376
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Division 2--General Conduct of Interactive Gaming 376
7.4.4 Compliance with certain conditions 376
Victorian Legislation and Parliamentary Documents
7.4.5 Licensed testers to test interactive gaming equipment 377
7.4.6 Offence for licensed provider to participate etc. 377
7.4.7 Commission's power to restrict participation in approved
games by gaming officials 377
7.4.8 Licensed provider not to act as credit provider 378
Division 3--Players' Funds and Prizes 378
7.4.9 Players funds 378
7.4.10 Funds held on behalf of players 379
7.4.11 Inactive players 379
7.4.12 Disposal of unclaimed non-monetary prizes 379
7.4.13 Claims for prize 380
7.4.14 Monetary prizes not claimed within 2 years 381
7.4.15 Power to withhold prizes in certain cases 381
Division 4--Responsible Gambling Measures 382
7.4.16 Limitation on amount wagered 382
7.4.17 Self-exclusion order 383
PART 5--RETURNS TO PLAYERS AND TAXES 385
Division 1--Returns to Players 385
7.5.1 Returns to players 385
Division 2--Taxes 385
7.5.2 Supervision charge 385
7.5.3 Interactive gaming tax 386
7.5.4 Returns for calculation of tax 387
7.5.5 Penalty interest for late payment 388
7.5.6 Recovery of amounts 388
7.5.7 Revenue offences 388
PART 6--COMPLIANCE REQUIREMENTS 390
Division 1--Directions 390
7.6.1 Directions 390
Division 2--Complaint Handling 390
7.6.2 Inquiries about complaints 390
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PART 7--ONGOING MONITORING 393
7.7.1 Investigation of licensed providers 393
Victorian Legislation and Parliamentary Documents
7.7.2 Investigation of business and executive associates of
licensed providers 393
7.7.3 Requirement to give information or document for
investigation 394
7.7.4 Notification of persons becoming associates 395
7.7.5 Investigation of associates and others 395
7.7.6 Termination of association 396
PART 8--TRIBUNAL REVIEWS 397
7.8.1 Review by Tribunal 397
CHAPTER 8--COMMUNITY AND CHARITABLE GAMING 399
PART 1--INTRODUCTION 399
8.1.1 Purpose 399
8.1.2 Definitions 399
PART 2--LEGALITY OF COMMUNITY AND CHARITABLE
GAMING 401
8.2.1 Community and charitable gaming declared lawful 401
8.2.2 General requirement for minor gaming permit 401
8.2.3 Permit not required for raffle where prize value $5000
or less 401
8.2.4 Permit not required for some bingo sessions 402
PART 3--COMMUNITY OR CHARITABLE ORGANISATIONS 403
Division 1--Community or Charitable Organisations 403
8.3.1 Application to be declared as a community or charitable
organisation 403
8.3.2 Commission may require further information etc. 403
8.3.3 Commission may make declaration 404
8.3.4 Can the applicant appeal? 405
8.3.5 Commission to determine appeal 405
8.3.6 Duration of declaration 406
8.3.7 Commission may require organisation to show cause 406
8.3.8 Organisation may make submissions 407
8.3.9 Revocation of declaration 407
8.3.10 Appeal to Supreme Court 407
8.3.11 Suspension of declaration 408
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Division 2--Minor Gaming Permits 409
8.3.12 Application for minor gaming permit 409
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8.3.13 Determination of application 410
8.3.14 What does a minor gaming permit authorise? 411
8.3.15 Duration of minor gaming permit 411
8.3.16 Nominee of organisation 411
8.3.17 Amendment of permit conditions 412
8.3.18 Appeal 413
Division 3--Disciplinary Action 414
8.3.19 Definitions 414
8.3.20 Taking disciplinary action 416
8.3.21 Letter of censure 417
8.3.22 Performance of functions 417
PART 4--CONDUCT OF COMMUNITY AND CHARITABLE
GAMING 418
Division 1--Lucky Envelopes 418
8.4.1 Lucky envelopes must comply with prescribed standards 418
8.4.2 Lucky envelopes only to be supplied to permit holder 418
Division 2--Bingo 418
8.4.3 Bingo equipment must comply with prescribed standards 418
8.4.4 Bingo equipment only to be supplied to permit holder 419
8.4.5 Braille bingo tickets 420
8.4.6 Permit holder may contract with bingo centre operator to
conduct bingo 420
8.4.7 Expenses operators can charge for bingo 421
Division 3--Bingo Pooling Schemes 421
8.4.8 When can a pooling scheme operate? 421
8.4.9 Membership of pooling scheme 422
8.4.10 Pooling scheme rules 422
8.4.11 Commission may specify matters for rules 423
8.4.12 Disallowance of rules 423
8.4.13 Scheme administrator 424
8.4.14 Amendment of rules 424
8.4.15 Declaration of interest 425
8.4.16 Application to political parties 426
PART 5--BINGO CENTRES 427
Division 1--Licensing of bingo centre operators 427
8.5.1 Requirement to be licensed 427
8.5.2 Application for licence 427
8.5.3 Application procedure 427
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8.5.4 Objections 428
8.5.5 Responsible authority's report 429
8.5.6 Matters to be considered in determining applications 429
Victorian Legislation and Parliamentary Documents
8.5.7 Determination of applications 430
8.5.8 Duration of licence 431
8.5.9 Nominee of licensee 431
8.5.10 Licence non-transferable 433
8.5.11 Licence renewal 433
8.5.12 Amendment of conditions 433
8.5.13 Disciplinary action 434
8.5.14 Letter of censure 437
8.5.15 Effect and maximum period of suspension of bingo centre
operator's licence 438
8.5.16 Suspension of bingo centre operator's licence pending
criminal proceedings 438
8.5.17 Licence document to be surrendered 439
8.5.18 Provisional bingo centre operator's licence 439
Division 2--Licensing of bingo centre employees 439
8.5.19 General requirement to be licensed 439
8.5.20 Exceptions 440
8.5.21 Application for bingo centre employee's licence 441
8.5.22 Determination of application 442
8.5.23 What does a licence authorise? 443
8.5.24 Conditions of licence 443
8.5.25 Appeal 443
8.5.26 Identification of bingo centre employees 444
8.5.27 Duration of bingo centre employee's licence 445
8.5.28 Renewal of bingo centre employee's licence 445
8.5.29 Persons licensed under other Acts 446
8.5.30 Disciplinary action 447
8.5.31 Letter of censure 449
8.5.32 Disqualification 450
8.5.33 Suspension of bingo centre employee's licence pending
criminal proceedings 450
8.5.34 Effect etc. of suspension 450
8.5.35 Termination of employment on suspension or cancellation
of bingo centre employee's licence 451
8.5.36 Provisional bingo centre employee's licences 451
Division 3--Compliance Requirements and Monitoring 452
8.5.37 Accounts and financial statements 452
8.5.38 Returns to the Commission 452
8.5.39 Notification of persons becoming associates 453
8.5.40 Investigation of associates 453
8.5.41 Termination of association 454
8.5.42 Gaming machines in bingo centres 455
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PART 6--GENERAL COMPLIANCE REQUIREMENTS 456
Division 1--Banking and records 456
Victorian Legislation and Parliamentary Documents
8.6.1 Banking 456
8.6.2 Records 457
Division 2--Ongoing Notification Requirements 457
8.6.3 Change in situation of holder of licence or permit or of
associate 457
PART 7--REVIEWS 459
8.7.1 Tribunal reviews 459
PART 8--GENERAL 460
8.8.1 Refusal to issue licence or permit 460
CHAPTER 9--ONBOARD GAMING 462
PART 1--INTRODUCTION 462
9.1.1 Purpose 462
9.1.2 Definitions 462
9.1.3 Application of Chapter 463
PART 2--APPLICATION OF TASMANIAN ACT 464
9.2.1 Tasmanian Act applies as law of Victoria 464
9.2.2 Amendment of Schedules 464
PART 3--FURTHER PROVISIONS REGULATING ONBOARD
GAMING 465
Division 1--Legality of Onboard Gaming 465
9.3.1 Legality of onboard gaming 465
9.3.2 Non-applicability of other laws 465
Division 2--Conduct of Onboard Gaming 465
9.3.3 Limit on number of gaming machines 465
9.3.4 Unlawful interference with gaming equipment 466
9.3.5 Inducements, cheating etc. 466
Division 3--Taxes 468
9.3.6 Revenue-sharing agreement 468
PART 4--SUSPENSION OF CHAPTER 469
9.4.1 Suspension of Chapter 469
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CHAPTER 10--ADMINISTRATION AND ENFORCEMENT 470
PART 1--VICTORIAN COMMISSION FOR GAMBLING
Victorian Legislation and Parliamentary Documents
REGULATION 470
Division 1--Establishment 470
10.1.1 Establishment of Commission 470
10.1.2 Relationship to the Crown 470
10.1.3 Objectives of Commission 471
10.1.4 Functions of Commission 471
10.1.5 Powers of Commission 473
Division 2--Membership of Commission 473
10.1.6 Constitution of Commission 473
10.1.7 Qualifications and eligibility for appointment 473
10.1.8 Chairperson and Deputy Chairperson 474
10.1.9 Executive Commissioner 474
10.1.10 Sessional commissioners 475
10.1.11 Term of appointment 475
10.1.12 Remuneration 475
10.1.13 Vacancies and resignation 476
10.1.14 Acting appointments 476
10.1.15 Validity of decisions 477
Division 3--Performance of Commission's Functions 477
10.1.16 Basic requirement 477
10.1.17 How may Commission's functions be performed? 478
10.1.18 Meetings 478
10.1.19 Disclosure of pecuniary interest 479
10.1.20 Commission may hold inquiries 480
10.1.21 Representation 480
10.1.22 Are Commission proceedings open to the public? 480
Division 4--Reasons for Decisions 482
10.1.23 Commission to give written statement after public hearing
or on request 482
10.1.24 Request for statement of reasons for decision 483
Division 5--Staffing and Delegation 483
10.1.25 Staff 483
10.1.26 Delegation 484
10.1.27 Protection of Commissioners 484
10.1.28 Conflict of interest and duty 484
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Division 6--Confidentiality 486
10.1.29 What is protected information? 486
Victorian Legislation and Parliamentary Documents
10.1.30 General duty of confidentiality 486
10.1.31 Disclosure in legal proceedings 486
10.1.32 Disclosure by casino operator 487
10.1.33 Public interest disclosures 488
10.1.34 Other permitted disclosures 488
10.1.35 Disclosure of statistical information 490
10.1.36 Disclosure for anti-smoking purposes 491
10.1.37 Memorandum of understanding 492
PART 2--GAMBLING RESEARCH PANEL 494
10.2.1 Continuation of Panel 494
10.2.2 Relationship to the Crown 494
10.2.3 Functions and powers 494
10.2.4 Members of the Panel 495
10.2.5 Remuneration 495
10.2.6 Term of office 496
10.2.7 Acting appointments 496
10.2.8 Vacancies, resignations 497
10.2.9 Disclosure of pecuniary interests 497
10.2.10 Chairperson to preside 498
10.2.11 Proceedings of the Panel 498
10.2.12 Validity of decisions 498
10.2.13 Research plan 499
PART 3--FUNDS 501
Division 1--Community Support Fund 501
10.3.1 Community Support Fund 501
10.3.2 Payments into Community Support Fund 501
10.3.3 Payments from the Community Support Fund 501
Division 2--Mental Health Fund 503
10.3.4 Mental Health Fund 503
10.3.5 Payments into the Mental Health Fund 503
10.3.6 Payments from the Mental Health Fund 503
PART 4--INVESTIGATIONS AND INFORMATION
GATHERING BY THE COMMISSION 504
Division 1--Investigation of applications 504
10.4.1 Application of Division 504
10.4.2 Investigation of application 505
10.4.3 Photographs, finger prints and palm prints 506
10.4.4 Police inquiry and report 507
10.4.5 Commission may require further information etc. 508
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10.4.6 Updating of application 510
10.4.7 Costs of investigating applications 511
Victorian Legislation and Parliamentary Documents
Division 2--General Investigatory Powers of Commission 512
10.4.8 Definitions 512
10.4.9 General investigations 512
10.4.10 Provision of information 513
Division 3--Information Gathering for Law Enforcement Purposes 514
10.4.11 Information gathering for law enforcement purposes 514
PART 5--COMPLIANCE AND ENFORCEMENT 517
Division 1--Inspectors 517
10.5.1 Appointment 517
10.5.2 Criminal record checks 518
10.5.3 Identity cards 518
10.5.4 Police may perform functions of inspectors 518
10.5.5 Responsibilities of inspectors while on duty 519
10.5.6 Former inspectors 519
Division 2--Functions of Inspectors 519
10.5.7 Functions of inspectors 519
10.5.8 Right of entry 520
10.5.9 Powers of inspectors 521
10.5.10 Power to require names and addresses 522
10.5.11 Inspector to investigate complaints 523
10.5.12 Search warrants 524
10.5.13 Announcement before entry 525
10.5.14 Copy of warrant to be given to occupier 526
Division 3--Offences 526
10.5.15 Offences relating to obstruction of inspectors 526
10.5.16 False or misleading information 527
10.5.17 Impersonation of inspectors or commissioners 528
10.5.18 Bribery of authorised person 528
10.5.19 Protection against self-incrimination 530
Division 4--Infringement Notices 530
10.5.20 Power to serve a notice 530
10.5.21 Form of notice 531
10.5.22 Late payment of penalty 532
10.5.23 Withdrawal of notice 532
10.5.24 Payment expiates offence 533
10.5.25 Application of penalty 533
10.5.26 Prosecution after service of infringement notice 534
10.5.27 Proof of prior convictions 534
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Division 5--Forfeiture 535
10.5.28 Forfeiture 535
Victorian Legislation and Parliamentary Documents
10.5.29 Seizure and forfeiture of equipment 536
Division 6--Prosecutions and Evidentiary Provisions 537
10.5.30 Offences by bodies 537
10.5.31 Proceedings 538
10.5.32 Evidence 538
CHAPTER 11--GENERAL 540
PART 1--ADMINISTRATIVE PROVISIONS 540
Division 1--Service of Documents 540
11.1.1 Service of documents on Commission 540
11.1.2 Service of documents on other persons 540
Division 2--Records and Forms 541
11.1.3 Records not kept in writing 541
11.1.4 Sufficient compliance with approved forms 541
Division 3--General 542
11.1.5 Destruction of finger prints and palm prints 542
11.1.6 Refund of fees 543
11.1.7 Supreme Court--limitation of jurisdiction 543
PART 2--REGULATIONS 544
11.2.1 Regulations 544
CHAPTER 12--AMENDMENTS, REPEALS AND
TRANSITIONAL PROVISIONS 546
PART 1--AMENDMENTS AND REPEALS 546
12.1.1 Repeals 546
12.1.2 546
Casino Control Act 1991
12.1.3 Further consequential amendments 546
12.1.4 Gaming and Betting Act 1994--unclaimed refunds and
dividends 546
12.1.5 Abolition of special tax arrangements for tabarets 548
3.1.6. Application of Chapter to tabaret premises 548
PART 2--TRANSITIONAL PROVISIONS 549
12.2.1 Transitional provisions 549
__________________
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SCHEDULES 550
SCHEDULE 1--Subject Matter for Regulations 550
Victorian Legislation and Parliamentary Documents
SCHEDULE 2--Modifications of Tasmanian Act 554
SCHEDULE 3--Modifications of Tasmanian Regulations 556
SCHEDULE 4--Forms for Chapter 2 557
Form 1--Special Warrant 557
Form 2--Special Warrant 558
Form 3--Warrant to Imprison 559
SCHEDULE 5--Amendments to Casino Control Act 1991 560
SCHEDULE 6--Further Consequential Amendments 588
SCHEDULE 7--Transitional Provisions 595
ENDNOTES 633
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PARLIAMENT OF VICTORIA
Initiated in Assembly 5 November 2003
Victorian Legislation and Parliamentary Documents
A BILL
to re-enact and consolidate the law relating to various forms of
gambling, to establish a Victorian Commission for Gambling
Regulation, to amend the Casino Control Act 1991 and other Acts, to
repeal 8 Acts relating to gambling and for other purposes.
Gambling Regulation Act 2003
The Parliament of Victoria enacts as follows:
CHAPTER 1--PRELIMINARY
1.1 Purpose, objectives and outline
(1) The main purpose of this Act is to re-enact and
consolidate the law relating to various forms of
5 gambling and to establish a Victorian Commission
for Gambling Regulation.
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1
Gambling Regulation Act 2003
Act No.
Chapter 1--Preliminary
s. 1.1
(2) The main objectives of this Act are--
(a) to foster responsible gambling in order to--
Victorian Legislation and Parliamentary Documents
(i) minimise harm caused by problem
gambling; and
5 (ii) accommodate those who gamble
without harming themselves or others;
(b) to ensure that gaming on gaming machines is
conducted honestly;
(c) to ensure that the management of gaming
10 machines and gaming equipment is free from
criminal influence and exploitation;
(d) to ensure that other forms of gambling
permitted under this or any other Act are
conducted honestly and that their
15 management is free from criminal influence
and exploitation;
(e) to ensure that--
(i) activities authorised by a minor gaming
permit benefit the community or
20 charitable organisation to which the
permit is issued;
(ii) practices that could undermine public
confidence in community and
charitable gaming are eliminated;
25 (iii) bingo centre operators do not act
unfairly in providing commercial
services to community or charitable
organisations;
(f) to promote tourism, employment and
30 economic development generally in the
State.
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Gambling Regulation Act 2003
Act No.
Chapter 1--Preliminary
s. 1.1
(3) In outline, this Act--
(a) generally prohibits gambling and activities
Victorian Legislation and Parliamentary Documents
relating to gambling unless authorised under
this Act or the Casino Control Act 1991;
5 (b) provides for the conduct under licence of
gaming on gaming machines at approved
venues and the casino;
(c) provides for the licensing of wagering and
betting competitions, including on-course
10 wagering;
(d) provides for the conduct under licence of
public lotteries and trade promotion lotteries;
(e) provides for the conduct of club keno games;
(f) provides for the conduct under licence of
15 interactive gaming;
(g) provides for the conduct of gaming by
community or charitable organisations;
(h) provides for the licensing of bingo centre
operators and employees;
20 (i) provides for the conduct of gaming on board
ships travelling between Victoria and
Tasmania;
(j) establishes the Victorian Commission for
Gambling Regulation to oversee gambling in
25 Victoria;
(k) continues the Gambling Research Panel;
(l) provides for the appointment of inspectors
and inspection powers to ensure compliance
with the Act;
30 (m) sets out offences;
3
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Gambling Regulation Act 2003
Act No.
Chapter 1--Preliminary
s. 1.2
(n) repeals 8 existing Acts that prohibit or
regulate various forms of gambling, amends
the Casino Control Act 1991 and makes
Victorian Legislation and Parliamentary Documents
consequential amendments to other Acts.
5 (4) Sub-section (3) is intended only as a guide to
readers as to the general scheme of this Act.
1.2 Commencement
(1) This Part and section 12.1.4 come into operation
on the day after the day on which this Act receives
10 the Royal Assent.
(2) Subject to sub-sections (3) and (4), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) Section 12.1.5 comes into operation on 1 July
15 2009.
(4) If a provision referred to in sub-section (2) (other
than section 12.1.5) does not come into operation
before 1 July 2005, it comes into operation on that
day.
20 1.3 Definitions
(1) In this Act--
"AFL footy tipping competition" means a
public lottery in which the prizes are
distributed on the basis of results of matches
25 played in the Australian Football League;
"amusement machine" means--
(a) any machine, device, contrivance or
electronic apparatus operated for
pecuniary consideration for the purpose
30 of playing games which involve the
activation or manipulation of the
machine, device, contrivance or
electronic apparatus to achieve a pre-
set, programmed, designated or
4
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Gambling Regulation Act 2003
Act No.
Chapter 1--Preliminary
s. 1.3
otherwise defined score, object or
result; and
Victorian Legislation and Parliamentary Documents
(b) any machine, device, contrivance or
electronic apparatus prescribed as an
5 amusement machine;
"approved betting competition" means a betting
competition of a kind or class approved by
the Minister under Part 5 of Chapter 4;
"approved bookmaking company" has the same
10 meaning as in Part IV of the Racing Act
1958;
"approved gaming machine" means a gaming
machine of a type approved by the
Commission under section 3.5.4;
15 "approved racing club" means a club, society or
other association the rules of which are
approved under section 26 of the Racing Act
1958;
"approved venue" means premises--
20 (a) to which a venue operator's licence
applies; and
(b) in respect of which an approval is in
force under Part 3 of Chapter 3;
"associate" has the meaning given in section 1.4;
25 "approved bookmaker" means--
(a) a registered bookmaker; or
(b) an approved bookmaking company;
"authorised deposit-taking institution" has the
same meaning as in the Banking Act 1959 of
30 the Commonwealth;
5
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Gambling Regulation Act 2003
Act No.
Chapter 1--Preliminary
s. 1.3
"authorised person" means--
(a) a commissioner; or
Victorian Legislation and Parliamentary Documents
(b) an inspector; or
(c) a person appointed under sub-
5 section (3);
"betting rules" means rules made in accordance
with Chapter 4 for wagering or approved
betting competitions;
"bingo" means the game of bingo or any similar
10 game;
"bingo centre" means a house or place in which
there is regularly conducted more than
7 sessions of bingo within a period of
7 consecutive days;
15 "bingo centre employee" means the holder of a
bingo centre employee's licence;
"bingo centre employee's licence" means a
licence issued under Division 2 of Part 5 of
Chapter 8;
20 "bingo centre operator" means the holder of a
bingo centre operator's licence;
"bingo centre operator's licence" means a
licence to operate a bingo centre under
Division 1 of Part 5 of Chapter 8;
25 "cash facility" means--
(a) an automatic teller machine; or
(b) an EFTPOS facility; or
(c) any other prescribed facility that
enables a person to gain access to his or
30 her funds or to credit;
6
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Gambling Regulation Act 2003
Act No.
Chapter 1--Preliminary
s. 1.3
"casino" has the same meaning as in the Casino
Control Act 1991;
Victorian Legislation and Parliamentary Documents
"casino licence" means a casino licence issued
under the Casino Control Act 1991;
5 "casino operator" has the same meaning as in
the Casino Control Act 1991;
"casino special employee's licence" means a
special employee's licence issued under the
Casino Control Act 1991;
10 "club" includes club, society or other association
of persons by whatever name called and
whether incorporated or unincorporated;
"club keno game" means a game that complies
with the prescribed requirements and is
15 known as club keno;
"club licence" means a club licence (whether full
or restricted) under section 10 of the Liquor
Control Reform Act 1998;
"Commission" means Victorian Commission for
20 Gambling Regulation established by
section 10.1.1;
"commissioner" means a member of the
Commission;
"common gaming house or place" has the
25 meaning given in section 2.5.20;
"community or charitable organisation" means
an organisation declared to be a community
or charitable organisation under Division 1
of Part 3 of Chapter 8;
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"community purpose"--
(a) in Division 2 of Part 6 of Chapter 3, has
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the meaning given in section 3.6.2;
(b) elsewhere, means--
5 (i) any philanthropic or benevolent
purpose, including the promotion
of art, culture, science, religion,
education or charity, and
including the benefiting of a fund
10 certified to be a patriotic fund
under section 24 of the Patriotic
Funds Act 1958 or the fund or
part of the fund of the Australian
Red Cross Society; or
15 (ii) any sporting or recreational
purpose, including the benefiting
of any sporting or recreational
club or association;
"computer cabinet", in relation to a gaming
20 machine, means the sealable cabinet in the
machine that contains the game program
storage medium and the Random Access
Memory;
"computer server" means a computer that is
25 capable of--
(a) communicating with another computer;
and
(b) providing to that other computer--
(i) access to a database; or
30 (ii) transaction based services; or
(iii) software applications;
"conduct" includes carry on, manage or assist in
carrying on or managing;
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"conduct of gaming" has the meaning given in
section 3.1.4;
Victorian Legislation and Parliamentary Documents
"decision", in relation to the Commission,
includes determination;
5 "declared operator" of a gaming operator's
licence, means the company (if any) declared
under section 3.9.1 as operator in relation to
the licence;
"director", in relation to a body corporate, has
10 the same meaning as in section 9 of the
Corporations Act;
"domestic partner" of a person means an adult
person to whom the person is not married but
with whom the person is in a relationship as
15 a couple where one or each of them provides
personal or financial commitment and
support of a domestic nature for the material
benefit of the other, irrespective of their
genders and whether or not they are living
20 under the same roof, but does not include a
person who provides domestic support and
personal care to the person--
(a) for fee or reward; or
(b) on behalf of another person or an
25 organisation (including a government
or government agency, a body
corporate or a charitable or benevolent
organisation);
"electronic monitoring system" means any
30 electronic or computer or communications
system or device that is so designed that it
may be used, or adapted, to send or receive
data from gaming equipment in relation to
the security, accounting or operation of
35 gaming equipment;
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"executive officer", has the meaning given in
section 1.4;
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"Executive Commissioner" means Executive
Commissioner of the Commission appointed
5 under section 10.1.9;
"externally-administered body corporate" has
the same meaning as in the Corporations
Act;
"function" includes power, authority and duty;
10 "fundraising event" means an event conducted
by a community or charitable organisation
for the purpose of raising money for the
organisation and at which unlawful games
are played;
15 "gambling business" means the business of
conducting or operating an activity that is
regulated by this Act;
"gaming Act" means--
(a) this Act;
20 (b) the Casino Control Act 1991;
"gaming equipment" means any--
(a) gaming machine;
(b) linked jackpot equipment;
(c) electronic monitoring system;
25 (d) part of, or replacement part for, any
such machine, equipment or system;
(e) restricted component;
"gaming licence" means the gaming licence
granted under Part 3 of Chapter 4;
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"gaming machine" means any device, whether
wholly or partly mechanically or
electronically operated, that is so designed
Victorian Legislation and Parliamentary Documents
that--
5 (a) it may be used for the purpose of
playing a game of chance or a game of
mixed chance and skill; and
(b) as a result of making a bet on the
device, winnings may become
10 payable--
and includes any machine declared to be a
gaming machine under section 3.1.3 but does
not include--
(c) a lucky envelope vending machine
15 within the meaning of Chapter 8; or
(d) interactive gaming equipment that is
used or intended to be used for the
purposes of interactive games and not
for gaming of any other kind;
20 "gaming machine area" means any area in an
approved venue that is approved by the
Commission under Part 3 of Chapter 3 as an
area in which a gaming machine is permitted
to be installed;
25 "gaming machine type" means a type of gaming
machine, including the machine cabinet and
computer hardware and software, on which a
range of games may be played without any
alteration to the gaming machine other than
30 the substitution of a new game program or an
alteration to the information or artwork
displayed on the gaming machine;
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"gaming operator" means--
(a) the holder of a gaming operator's
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licence and the declared operator (if
any) of the licence;
5 (b) the holder of the gaming licence and
the operator or operators (if any) of the
licence approved under
section 4.3.15(1)(b);
"gaming operator's licence" means a licence
10 granted under Division 3 of Part 4 of
Chapter 3;
"gaming regulations" means regulations made
under a gaming Act;
"gaming token" means Australian currency or
15 any token, credit or any other thing that
enables a bet to be made on a gaming
machine;
"greyhound race" means a race in which
greyhounds compete;
20 "GST" has the same meaning as it has in the
A New Tax System (Goods and Services
Tax) Act 1999 of the Commonwealth;
"harness race" means a race in which horses
compete moving at a gait generally known as
25 pacing or trotting;
"Hospitals and Charities Fund" means the fund
established under section 136 of the Health
Services Act 1988;
"horse race" means a race in which horses
30 compete but does not include a harness race;
"insolvent under administration" has the same
meaning as in the Corporations Act;
"inspector" means an inspector appointed under
section 10.5.1;
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"interactive game" has the meaning given by
section 7.1.3;
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"interactive gaming equipment" has the
meaning given in section 7.1.2;
5 "interactive gaming licence" means a licence
under Part 3 of Chapter 7;
"key operative" means--
(a) the holder of the gaming licence and
the wagering licence;
10 (b) the holder of a gaming operator's
licence;
(c) the holder of a venue operator's licence;
(d) a person listed on the Roll;
(e) a casino operator;
15 (f) a holder of a public lotteries licence;
(g) a holder of an interactive gaming
licence;
(h) a bingo centre operator;
"liabilities" means all liabilities, duties and
20 obligations, whether actual, contingent or
prospective;
"licensed premises" has the same meaning as in
the Liquor Control Reform Act 1998;
"licensed provider" means a person who is
25 licensed under Part 3 of Chapter 7 to conduct
interactive games;
"licensed racing club" means Harness Racing
Victoria, Greyhound Racing Victoria or a
club licensed under section 24A of the
30 Racing Act 1958;
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"licensed technician" means a person who holds
a technician's licence;
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"liquor" has the same meaning as in the Liquor
Control Reform Act 1998;
5 "lottery" includes--
(a) any scheme by which prizes of money
or of any other property, matter or thing
are, or are proposed to be, drawn or
won by lot, dice or any other mode of
10 chance or by reference to any event or
contingency dependent on chance; or
(b) any scheme in which any such prizes
are, or are proposed to be, given and in
which at any stage the persons eligible
15 to receive the prizes or to participate
further in the scheme are, or are to be,
determined by lot, dice or any other
mode of chance or by reference to any
event or contingency dependent on
20 chance despite that at an earlier or later
stage a test of knowledge or skill is or
may be required to be passed by any
person in order to qualify him or her to
receive a prize or to participate further
25 in the scheme--
whether the scheme is real or pretended or is
established or conducted, or intended or
proposed to be established or conducted, and
in any case whether wholly or partly in
30 Victoria or elsewhere, but does not include
any distribution of property or money or
raffle such as is referred to in section 2.1.3;
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"loyalty scheme" means--
(a) a system, used in connection with the
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operation of gaming machines in
approved venues or a casino, in which
5 the players of those gaming machines
accumulate bonus, loyalty or reward
points from playing the gaming
machines; or
(b) any other system that tracks a player's
10 expenditure on a gaming machine;
"loyalty scheme provider" means a person who
conducts a loyalty scheme;
"Melbourne Statistical Division" means the
Major Statistical Region of Melbourne
15 described in the publication entitled
Statistical Geography--Volume 1--
Australian Standard Geographical
Classification (ASGC), Catalogue number
1216.0 published in 1996 by the Australian
20 Bureau of Statistics;
"minor" means a person who is under the age of
18 years;
"money" includes bank notes, cheques, drafts
provided by an authorised deposit-taking
25 institution and any order, warrant,
Commission or request for the payment,
collection or receipt of money;
"money clearance" means the removal of
gaming tokens from the drop box of a
30 gaming machine;
"municipal district" has the same meaning as in
the Local Government Act 1989;
"newspaper" includes a newspaper printed in
any part of the Commonwealth;
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"Panel" means Gambling Research Panel
continued under section 10.2.1;
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"perform a function" includes exercise a power
or authority;
5 "person" includes a body (whether or not
incorporated), a partnership and the Trustees;
"political party" means a political party
registered under--
(a) the Electoral Act 2002; or
10 (b) the Commonwealth Electoral Act 1918
of the Commonwealth; or
(c) a law of another State or Territory of
the Commonwealth corresponding to a
law referred to in paragraphs (a)
15 and (b);
"pooling scheme" means an arrangement,
whether or not in writing and whether or not
enforceable at law, under which a person
derives a direct or indirect benefit from the
20 gross proceeds of the conduct of a session of
bingo games and that person is not the holder
of the minor gaming permit for that session;
"property" means any legal or equitable estate or
interest (whether present or future and
25 whether vested or contingent) in real or
personal property of any description;
"pub licence" means a general licence under
section 8 of the Liquor Control Reform
Act 1998;
30 "public lottery" has the meaning given in
section 5.1.2;
"public lottery licence" means a public lottery
licence issued under Division 2 of Part 3 of
Chapter 5;
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"public lottery licensee" means a person or body
that holds a public lottery licence;
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"race" includes a division of a race;
"race meeting" (except in Chapter 2) means a
5 meeting conducted by a licensed racing club
for the purpose of horse racing, harness
racing or greyhound racing;
Note: Section 2.1.2 defines "race meeting" for the
purposes of Chapter 2.
10 "racing club licence" means a licence under
Part I of the Racing Act 1958;
"Racing Products" means Racing Products
Victoria Pty Ltd (A.C.N. 064 067 867);
"raffle"--
15 (a) means any lottery by which any
property, matter or thing (not including
money, stocks or shares or any warrant,
order or security for the payment of
money) is assigned by the drawing of
20 lots or by any other method of chance
to one or more of a number of persons
each of whom has paid a certain sum
for a chance of taking or participating
in such assignment; and
25 (b) despite paragraph (a), includes any
lottery in which money is assigned if--
(i) the money is part of a prize which
includes travel or accommodation
or both; and
30 (ii) the value of the money assigned
does not exceed 10% of the total
value of the prize or any other
amount that is approved by the
Commission in writing in a
35 particular case;
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"random number generator" means a machine
or device that is so designed that it may be
used to select random numbers;
Victorian Legislation and Parliamentary Documents
"refund" means the amount of an investment
5 made in a totalisator under this Act which is
repayable to an investor (whether wholly or
partly) in accordance with the betting rules;
"regional limit" means the maximum permissible
number of gaming machines available for
10 gaming in a region of the State determined
and in force under section 3.2.4;
"Register" means the Register of Venue
Operators and Approved Venues established
and maintained under section 3.4.24;
15 "registered bookmaker" means the holder of a
current certificate of registration as a
bookmaker under Part IV of the Racing Act
1958;
"registered company auditor" means a person
20 registered as an auditor, or taken to be so
registered, under Part 9.2 of the Corporations
Act;
"related entity", in relation to the Trustees,
includes--
25 (a) a body corporate, partnership or trust of
which, or in which--
(i) the Trustees or one or more of the
Trustees; or
(ii) a person who holds a direct or
30 indirect interest as legatee,
beneficiary or otherwise in the
will and estate of the late George
Adams; or
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(iii) a person who is a discretionary
beneficiary in that will and
estate--
Victorian Legislation and Parliamentary Documents
is a director, partner or trustee or holds
5 a substantial interest, whether direct or
indirect; and
(b) a trust of which the Trustees, or one or
more of the Trustees, or a person
referred to in paragraph (a)(ii) or (iii) is
10 a beneficiary or discretionary
beneficiary;
"related body corporate", in relation to a body
corporate, has the same meaning as in
section 9 of the Corporations Act;
15 "relevant financial interest" has the meaning
given in section 1.4;
"relevant power" has the meaning given in
section 1.4;
"relative" has the meaning given in section 1.4;
20 "restricted component", in relation to gaming
equipment, means any component that is
prescribed as a restricted component;
"rights" means all rights, powers, privileges and
immunities, whether actual, contingent or
25 prospective;
"Roll" means the Roll of Manufacturers,
Suppliers and Testers established under
section 3.4.60;
"sell" includes offer for sale;
30 "share", in relation to a body corporate, has the
same meaning as in section 9 of the
Corporations Act;
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"soccer football pool" means a public lottery in
which the prizes are distributed on the basis
of results of soccer football matches played
Victorian Legislation and Parliamentary Documents
in Australia or elsewhere in accordance with
5 a system where results are selected and given
an order of rank;
"special employee's licence" means a licence
issued under Division 4 of Part 4 of
Chapter 3;
10 "spin" means a sequence of actions and states in
a gaming machine initiated by a player
through a wagering of credits and terminated
when all credits wagered have been lost or
all winnings have been transferred to the
15 gaming machine's total wins meter and the
player's credit meter;
"spin rate", in relation to a gaming machine,
means the interval between spins on the
gaming machine;
20 "spouse" of a person means a person to whom the
person is married;
"subsidiary"--
(a) in relation to a body corporate, means
another body corporate that is a
25 subsidiary of the first-mentioned body
corporate within the meaning of the
Corporations Act (but not a subsidiary
of another such body corporate);
(b) in relation to any other body (including
30 the Trustees), means a body corporate
that, if the body were a body corporate,
would be a subsidiary of the body
within the meaning of the Corporations
Act (but not a subsidiary of another
35 such body corporate);
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"tabaret premises" means--
(a) the Old Ballarat Village situated at
Victorian Legislation and Parliamentary Documents
623643 Main Road, Ballarat;
(b) Tabaret situated at the All Seasons
5 Motor Inn, 171183 McIvor Road,
Bendigo;
"technician's licence" means a licence issued
under Division 5 of Part 4 of Chapter 3;
"telecommunication device" means--
10 (a) a computer adapted for communicating
by way of the internet or another
communications network; or
(b) a television receiver adapted to allow
the viewer to transmit information by
15 way of a cable television network or
another communications network; or
(c) a telephone; or
(d) any other electronic device or thing for
communicating at a distance;
20 "the applied provisions" has the meaning given
in section 9.1.2;
"this Act" includes the applied provisions;
"ticket" includes--
(a) any document or thing purporting to be,
25 or usually or commonly known as, a
ticket or giving, or purporting to give,
or usually or commonly understood to
give, any right, title, chance, share,
interest, authority or permission in or in
30 connection with a lottery, or intended
or proposed lottery, or any game; and
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(b) in relation to a totalisator--a card,
token or thing entitling or purporting to
entitle any person to any interest in any
Victorian Legislation and Parliamentary Documents
dividend, division or distribution of any
5 money by means of, or in connection
with, or as the result of, the operation of
a totalisator;
"totalisator" means a scheme of pari-mutuel
betting, whether conducted by means of an
10 instrument or contrivance known as a
totalisator or otherwise;
"trade or business", in relation to a community
or charitable organisation, includes the
conduct of a trade or business of promoting a
15 community or charitable purpose of the
organisation;
"trade promotion lottery" means a lottery for
the promotion of a trade or business;
"Tribunal" means Victorian Civil and
20 Administrative Tribunal established by the
Victorian Civil and Administrative
Tribunal Act 1998;
"Trustees" means the trustees of the will and
estate of the late George Adams;
25 "unlawful game" means a game declared to be
an unlawful game by section 2.3.1;
"venue operator" means the holder of a venue
operator's licence;
"venue operator's licence" means a licence
30 issued under Division 2 of Part 4 of
Chapter 3;
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"VicRacing" means VicRacing Pty Ltd (A.C.N.
064 067 849);
Victorian Legislation and Parliamentary Documents
"Victorian company" means a company within
the meaning of the Corporations Act that is
5 taken to be registered in Victoria;
"voting share", in relation to a body corporate,
has the same meaning as in section 9 of the
Corporations Act;
"wagering" means pari-mutuel betting on a horse
10 race, harness race or greyhound race;
"wagering event" means a horse race, harness
race or greyhound race;
"wagering licence" means the wagering licence
granted under Part 3 of Chapter 4;
15 "wagering operator" means the company (if
any) appointed under section 4.3.15(1)(a) as
operator of the wagering licence;
"wholly-owned subsidiary"--
(a) in relation to a body corporate, means a
20 wholly-owned subsidiary of the body
corporate within the meaning of the
Corporations Act;
(b) in relation to the Trustees, means a
company--
25 (i) that is a subsidiary of the Trustees
or of a body corporate that is a
subsidiary of the Trustees; and
(ii) none of whose members is a
person other than--
30 (A) the Trustees; or
(B) a nominee of the Trustees; or
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(C) a subsidiary of the Trustees,
being a subsidiary none of
whose members is a person
Victorian Legislation and Parliamentary Documents
other than the Trustees or a
5 nominee of the Trustees; or
(D) a nominee of such a
subsidiary;
(c) in relation to any other body, means a
body corporate that would be a wholly-
10 owned subsidiary of the body within
the meaning of the Corporations Act if
the body were a body corporate;
"written notice" includes a notice given in the
form of electronic data from which a written
15 document can be produced or reproduced.
(2) For the purposes of the definition of "domestic
partner" in sub-section (1)--
(a) in determining whether persons are domestic
partners of each other, all the circumstances
20 of their relationship are to be taken into
account, including any one or more of the
matters referred to in section 275(2) of the
Property Law Act 1958 as may be relevant
in a particular case;
25 (b) a person is not a domestic partner of another
person only because they are co-tenants.
(3) The Commission may, by instrument, appoint an
employee or member of staff referred to in
section 10.1.25 to be an authorised person for the
30 purposes of this Act.
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1.4 Who is an associate?
(1) For the purposes of this Act, an "associate" of a
Victorian Legislation and Parliamentary Documents
person (the first person) is--
(a) a person who holds or will hold any relevant
5 financial interest, or is or will be entitled to
exercise any relevant power (whether in right
of the person or on behalf of any other
person) in the gambling business of the first
person, and by virtue of that interest or
10 power, is able or will be able to exercise a
significant influence over or with respect to
the management or operation of that
business; or
(b) a person who is or will be an executive
15 officer, whether in right of the person or on
behalf of any other person, of the gambling
business of the first person; or
(c) if the first person is a natural person--a
person who is a relative of the first person.
20 (2) Sub-section (1) does not apply for the purposes of
Division 5 of Part 3 of Chapter 4 (Regulation of
Shareholding Interests in Wagering and Gaming
Licensee).
Note: Section 4.3.18 defines "associate" for the purposes of
25 Division 5 of Part 3 of Chapter 4.
(3) In this section--
"executive officer", in relation to a body
(whether incorporated or not), means--
(a) a director, secretary or member of the
30 committee of management of the body
(by whatever name called); or
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(b) any other person who is concerned
with, or takes part in, the management
of the body, whether or not the person's
Victorian Legislation and Parliamentary Documents
position is given the name of executive
5 officer;
"relative", in relation to a person, means--
(a) the spouse or domestic partner of the
person;
(b) a parent, son, daughter, brother or sister
10 of the person; or
(c) a parent, son, daughter, brother or sister
of the spouse or domestic partner of the
person;
"relevant financial interest", in relation to a
15 gambling business, means--
(a) any share in the capital of the business;
or
(b) any entitlement to receive any income
derived from the business; or
20 (c) any entitlement to receive any payment
as a result of money advanced;
"relevant power" means any power, whether
exercisable by voting or otherwise and
whether exercisable alone or in association
25 with others--
(a) to participate in any directorial,
managerial, or executive decision; or
(b) to elect or appoint any person as an
executive officer.
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1.5 Money invested
A reference in this Act to money or an amount
Victorian Legislation and Parliamentary Documents
invested whether in a totalisator or otherwise is
taken to refer to money or an amount so invested,
5 less any amount repayable to the investor by way
of a refund whether because of the cancellation or
calling off of a bet or otherwise.
1.6 Act binds the Crown
(1) This Act binds the Crown in right of Victoria and,
10 so far as the legislative power of the Parliament
permits, the Crown in all its other capacities.
(2) However, nothing in this Act makes the Crown in
any of its capacities liable for an offence.
__________________
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s. 2.1.1
CHAPTER 2--GENERAL PROHIBITION ON
GAMBLING
Victorian Legislation and Parliamentary Documents
PART 1--INTRODUCTION
2.1.1 Purpose
5 The purpose of this Chapter is to impose a general
prohibition on gambling and create certain
offences.
Note: Other Chapters and the Casino Control Act 1991
authorise and regulate the conduct of gambling.
10 2.1.2 Definitions
(1) In this Chapter--
"instrument of betting" includes--
(a) a document;
(b) a card, list, money, paper, record, sheet,
15 table, ticket or other written document;
(c) a mechanical, electrical, telephonic,
electronic or other equipment or device
or any access to such equipment or
device;
20 (d) a board, chart or screen; or
(e) any form or means of recording, storing
or transmitting information or data--
used, apparently used or likely to be used in
carrying on or in connection with betting on
25 a sporting event (being betting that is not
authorised by a gaming Act or any other
Act);
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"instrument of gaming" includes an instrument
of betting and--
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(a) a document;
(b) playing cards, dice, balls, coins, tokens
5 or counters;
(c) a card, list, money, paper, record, sheet,
table, ticket or other written document;
(d) a mechanical, electrical, telephonic,
electronic or other equipment or device
10 or any access to any such equipment or
device;
(e) a board, chart or screen; or
(f) any form or means of recording, storing
or transmitting information or data--
15 used, apparently used or likely to be used in
carrying on or in connection with betting or
gaming that is not authorised by a gaming
Act or any other Act;
"occupier" of a house or place or of any land or
20 building or premises includes the lessee or
sub-lessee who is not the owner or named in
the certificate of title;
"officer of police" means a member of the police
force of or above the rank of inspector;
25 "owner" of a house, place, land, building or
premises includes every person who is,
whether at law or in equity--
(a) entitled thereto for any estate of
freehold in possession; or
30 (b) in actual receipt of or entitled to receive
or if the house, place, land, building or
premises were let to a tenant would be
entitled to receive the rents and profits
thereof and if a house, place, land,
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building or premises is sub-leased
includes any lessee or sub-lessee from
whom a sub-lessee holds;
Victorian Legislation and Parliamentary Documents
"place" means any place, whether or not--
5 (a) within a building; or
(b) on land or water; or
(c) defined as to area; or
(d) on private property;
"profit" includes a fee, commission, reward,
10 payment, benefit, advantage, share or
interest;
"public place" includes--
(a) a public highway;
(b) a park, garden, reserve or other place of
15 public recreation or resort;
(c) a railway station, platform or carriage;
(d) a wharf, pier or jetty;
(e) a passenger ship or hire vessel;
(f) a hire vehicle;
20 (g) a church or chapel open to the public or
any other building where divine service
is publicly held;
(h) a State school, including the school's
land or premises;
25 (i) a public hall, theatre or room where
members of the public are, or are
assembling for or departing from, a
public entertainment or meeting;
(j) a market;
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(k) an auction room, mart or place while a
sale by auction is proceeding;
Victorian Legislation and Parliamentary Documents
(l) licensed premises or authorised
premises within the meaning of the
5 Liquor Control Reform Act 1998;
(m) a racecourse, cricket ground, football
ground or other sporting ground where
members of the public are present or
are permitted to have access to, whether
10 with or without an admission fee;
(n) any open place to which the public
have access;
"racecourse" means land used for race meetings;
"race meeting" means meeting for the purpose of
15 horse or pony or harness racing or of
greyhound racing and includes any meeting
deemed to be a race meeting by section 3(4)
of the Racing Act 1958;
"sporting event" includes a horse race or other
20 race, fight, game, sport or exercise;
"undertaking" includes an assurance, contract,
agreement or promise, whether express or
implied;
"vehicle" includes an aircraft, caravan or trailer;
25 "vessel" includes a ship, boat or vehicle that is
capable of use in or on water, whether
floating or submersible and whether or not
self-propelled.
(2) In this Chapter, a reference to a person found
30 committing an offence includes a reference to a
person found doing or omitting to do an act in
such circumstances that the finder believes on
reasonable grounds that the person is guilty of an
offence against this Chapter.
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2.1.3 Application of Chapter
Nothing in this Chapter applies to any of the
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following--
(a) the distribution of property among its owners
5 if--
(i) the property is capable of being fairly
apportioned among all the owners; and
(ii) the property is proposed to be
apportioned equally so far as
10 practicable among all the owners;
(b) a scheme--
(i) which is not for the promotion of a
trade or business; and
(ii) in which all participation is gratuitous;
15 (c) a private raffle among persons engaged in
common employment under the same
employer if--
(i) the net proceeds of the raffle are
intended to be appropriated to the
20 provision of amenities for persons in
that employment; and
(ii) the value of the prize does not exceed
$5000;
(d) a competition based on predicting the results
25 of a sporting event or to a sweepstake if the
competition or sweepstake--
(i) is not of a commercial nature; and
(ii) does not result in the distribution of
prizes having a total value of more than
30 $5000.
__________________
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PART 2--PROHIBITION ON LOTTERIES
Victorian Legislation and Parliamentary Documents
Division 1--Prohibited Lotteries
2.2.1 Lotteries prohibited
(1) Every lottery is declared by this section to be a
5 public nuisance and contrary to law.
Note: This section does not apply to lotteries permitted by
Division 2.
(2) A person must not--
(a) establish or conduct or assist in establishing
10 or conducting a lottery; or
(b) be a partner in a lottery; or
(c) allot any prize of money or any prize of
which money forms a part or which is
redeemable for money by means of an
15 amusement machine in an amusement centre,
tourist centre or recreational centre; or
(d) subject to section 2.2.8, under any pretence
or by means of any device, sell or dispose of
or endeavour to sell or dispose of any
20 property of any kind or allot any prize of
money by means of a game of chance or a
game of mixed skill and chance.
Penalty: 100 penalty units.
2.2.2 Establishing or conducting a lottery
25 (1) A person must not, for payment or otherwise--
(a) forward; or
(b) receive for forwarding--
whether directly or indirectly, a packet, parcel or
money relating to a lottery to a person--
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(c) establishing or conducting the lottery; or
(d) assisting in establishing or conducting the
Victorian Legislation and Parliamentary Documents
lottery.
Penalty: 100 penalty units.
5 (2) It is a defence to a prosecution for an offence
against sub-section (1) to prove that the defendant
did not know, and had reasonable grounds for not
knowing, that the packet, parcel or money related
to a lottery.
10 2.2.3 Advertising lotteries
(1) A person must not--
(a) publish or exhibit; or
(b) cause or permit to be published or
exhibited--
15 in a newspaper or broadcast telecast or on a notice
or by electronic means or otherwise any
information relating to a lottery.
Penalty: 100 penalty units.
(2) A person must not sell, dispose of, circulate,
20 distribute or exhibit a newspaper containing any
information relating to a lottery.
Penalty: 100 penalty units.
(3) A person must not permit or allow the printing or
publication in a newspaper of which the person is
25 registered as the proprietor, printer or publisher
any information relating to a lottery.
Penalty: 100 penalty units.
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(4) A person must not permit or allow the publication
in--
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(a) a broadcast telecast; or
(b) an exhibition of a film--
5 under the management or control of the person of
any information relating to a lottery.
Penalty: 100 penalty units.
(5) A person must not--
(a) exhibit; or
10 (b) permit or allow to be exhibited; or
(c) assist in exhibiting--
in, on or about any land, building or premises a
document containing any information relating to a
lottery.
15 Penalty: 100 penalty units.
(6) It is a defence to a prosecution for an offence
against this section to prove that the defendant did
not know, and had reasonable grounds for not
knowing, that the information related to a lottery.
20 2.2.4 Lottery ticket offences
(1) A person must not print a ticket in a lottery.
Penalty: 100 penalty units.
(2) A person must not--
(a) sell or dispose of; or
25 (b) offer for sale or disposal; or
(c) buy or pay for; or
(d) deliver; or
(e) give; or
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(f) knowingly receive; or
(g) accept--
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a ticket in a lottery.
Penalty: 60 penalty units.
5 (3) It is a defence to a prosecution for an offence
against sub-section (2)(d) to prove that there was
and is no consideration for the delivery.
2.2.5 Keeping a house etc. for purpose of a lottery
(1) A person must not keep a house or place for the
10 purpose of conducting a lottery there, whether the
house or place is used for any other purpose.
Penalty: 100 penalty units.
(2) A person must not knowingly allow a lottery to be
conducted in a house or place kept by the person.
15 Penalty: 100 penalty units.
2.2.6 Participants in a lottery
(1) A person must not--
(a) participate in a lottery; or
(b) contribute any money or other valuable
20 property or thing to a sale or disposition of
property by way of lottery.
Penalty: 5 penalty units.
(2) A person must not receive, or cause to be
received, any money or other valuable property or
25 thing in consideration of the payment, transfer or
gift of any money or other valuable property or
thing in the event that a ticket or chance in a
lottery will win a prize.
Penalty: 5 penalty units.
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(3) A person must not, whether with or without
consideration and whether or not deception or
fraud is involved, promise or agree--
Victorian Legislation and Parliamentary Documents
(a) to pay, transfer or give any money or other
5 valuable property or thing for the benefit of a
person; or
(b) to do or forbear doing anything for the
benefit of a person--
on an event or contingency relating to the result of
10 a lottery.
Penalty: 5 penalty units.
Division 2--Permitted Lotteries
2.2.7 Authorised raffles, lotteries etc.
A person does not commit an offence against this
15 Chapter in respect of anything done by that person
for the purposes of a raffle, lottery or other
activity authorised by or under a gaming Act or
any other Act.
2.2.8 Games at amusement centres, fetes, carnivals etc.
20 A person does not commit an offence against
section 2.2.1(2)(d) if--
(a) the person, by means of a device or game
and in accordance with the prescribed
standards and conditions, sells or disposes
25 of, or endeavours to sell or dispose of,
property or allots any prize of money at an
amusement centre, tourist centre or
recreational centre, fete, fair, bazaar,
carnival, gymkhana or similar function; and
30 (b) the value of the property or money to which
each participant is entitled at each attempt
does not exceed $50.
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2.2.9 Calcutta Sweepstakes
(1) A club may apply to the Minister for approval to
Victorian Legislation and Parliamentary Documents
conduct Calcutta Sweepstakes.
(2) An application must be accompanied by the
5 prescribed fee.
(3) The Minister may issue an approval under this
section and for that purpose may take into account
any matter that the Minister considers relevant.
(4) Without limiting sub-section (3), the Minister may
10 consider--
(a) whether the club is conducted in good faith;
and
(b) whether the club has contravened any law
relating to gaming or betting; and
15 (c) the types of sporting event on which the club
wishes to conduct Calcutta Sweepstakes.
(5) An approval is subject to the following
conditions--
(a) the Calcutta Sweepstakes may be conducted
20 only with respect to sporting contingencies;
(b) subscriptions may be canvassed or made
only on the club premises;
(c) participation must be limited to members and
their guests;
25 (d) not more than 5% of the proceeds of each
sweepstake may be retained by the club for
its expenses of conducting the sweepstake
and the whole of the remainder must be
distributed as prizes among the participants;
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(e) no written notice or advertisement of a
Calcutta Sweepstake may be exhibited,
distributed or published except--
Victorian Legislation and Parliamentary Documents
(i) a notice exhibited on the premises of
5 the club;
(ii) a circular to members advising of the
intention to conduct the sweepstake;
(f) a Calcutta Sweepstake must be conducted in
accordance with the regulations (if any);
10 (g) any other conditions that the Minister thinks
fit.
(6) An approval under this section is not transferable
to any other club.
(7) The Minister may suspend or revoke an approval
15 for any just and reasonable cause stated in writing.
(8) Without limiting sub-section (7), the Minister may
suspend or revoke an approval if the holder of the
approval has contravened this Act, the regulations
or a condition of the approval.
_______________
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PART 3--UNLAWFUL GAMES AND GAMING
Victorian Legislation and Parliamentary Documents
2.3.1 Unlawful games
(1) Each of the following games is declared to be an
unlawful game--
5 (a) the Chinese game of fan-tan or any similar
game;
(b) the game known as two-up or any similar
game;
(c) the game known as hazard or any similar
10 game;
(d) the game known as baccarat or any similar
game;
(e) the game known as dinah-minah or minah-
dinah or any similar game;
15 (f) the game known as faro or any similar game;
(g) the game known as roulette or any similar
game;
(h) the game known as skill-ball or any similar
game;
20 (i) any game in which the chances are not
equally favourable to all the players,
including among the players the banker or
other person by whom the game is managed
or against whom the other players stake play
25 or bet;
(j) any game with cards or other instruments of
gaming wherefrom any person derives a
percentage or share of the amount or
amounts wagered;
30 (k) the using or conducting of a totalisator.
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(2) A game referred to in sub-section (1) is not an
unlawful game to the extent that it is authorised by
a gaming Act or any other Act.
Victorian Legislation and Parliamentary Documents
2.3.2 Two-up may be played on ANZAC Day
5 (1) The game of two-up may be played on ANZAC
Day--
(a) at any premises being used on that day by
any sub-branch of the Returned and Services
League; and
10 (b) at any premises, or in any area, approved for
the purposes of this sub-section by the
Minister on the recommendation of the
Returned and Services League.
(2) Before approving any authorised or licensed
15 premises within the meaning of the Liquor
Control Reform Act 1998 (other than premises
referred to in sub-section (1)(a)), the Minister
must consult with the Director of Liquor
Licensing.
20 (3) The game of two-up may be played at any
function commemorating ANZAC Day if the
function--
(a) is held not more than 7 days before ANZAC
Day; and
25 (b) is organised by a sub-branch of the Returned
and Services League; and
(c) is held at any place which is owned or
occupied by the sub-branch and which is
approved for the purposes of this sub-section
30 by the Minister on the recommendation of
the Returned and Services League.
(4) The Minister must publish a copy of an approval
under sub-section (1)(b) or (3)(c) in the
Government Gazette.
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2.3.3 Common gaming houses and places
A person who--
Victorian Legislation and Parliamentary Documents
(a) is the owner or occupier or has the use of any
house or place and opens, keeps or uses the
5 house or place for the purpose of unlawful
gaming being carried on in the house or
place; or
(b) is the owner or occupier of a house or place
and knowingly and wilfully permits the
10 house or place to be opened, kept or used by
another person for the purpose of unlawful
gaming being carried on in the house or
place; or
(c) has the care or management of or in any
15 manner assists in conducting the business of
a house or place opened, kept or used for the
purpose of unlawful gaming being carried on
in the house or place; or
(d) advances or furnishes money for the purpose
20 of gaming with persons frequenting such a
house or place; or
(e) keeps or has the care or management of a
common gaming house or place; or
(f) is a banker, croupier or other person who
25 acts in any manner in the conduct of a
common gaming house or place--
is guilty of an offence.
Penalty: For a first offence, 60 penalty units or
imprisonment for 6 months or both;
30 For a second or subsequent offence,
100 penalty units or imprisonment for
12 months or both.
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2.3.4 Gaming in public places
A person must not--
Victorian Legislation and Parliamentary Documents
(a) play or bet at any unlawful game; or
(b) in any public place play or bet by way of
5 wagering or gaming at or with any table
instrument or means of wagering or gaming
at any game or pretended game of chance.
Penalty: 15 penalty units or imprisonment for
3 months or both.
10 2.3.5 Cheating at play
A person ("the cheat") who by any fraud,
unlawful device or ill practice wins from another
person (whether for the cheat or for any other
person) any money or valuable thing--
15 (a) in playing at or with cards, dice, tables or
other game; or
(b) in bearing a part in the stakes, wagers or
adventures; or
(c) in betting on the sides or hands of those who
20 play, or in wagering on the event of, a game,
sport, pastime or exercise--
is taken to be guilty of obtaining the money or
valuable thing from the other person by a false
pretence with intent to cheat or defraud the other
25 person of the money or valuable thing.
_______________
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PART 4--GAMING OR WAGERING AGREEMENTS
Victorian Legislation and Parliamentary Documents
2.4.1 Gaming or wagering contracts are void
Except as provided in section 2.4.2, a gaming or
wagering contract or agreement (whether written
5 or not) is void.
2.4.2 Non-application of section 2.4.1
Section 2.4.1 does not apply to--
(a) subscriptions or contributions to gaming
allowed under this Act; or
10 (b) any bet made with an authorised bookmaker
while the bookmaker is carrying on their
business or vocation in accordance with
Part IV of the Racing Act 1958, being a
bet--
15 (i) made in accordance with section 4 of
the Racing Act 1958 or a club betting
permit under that Act; or
(ii) made in accordance with
section 2.5.10; or
20 (c) to any bet made in the name of a trading
bookmaking partnership (within the meaning
of Part IV of the Racing Act 1958) all the
members of which have approval to be
members of that partnership under
25 section 86B of the Racing Act 1958, being a
bet made in accordance with section 4 of that
Act; or
(d) to any bet or wager made with the licensee or
wagering operator or the holder of an on-
30 course wagering permit under Chapter 4; or
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(e) to any bet, by way of gaming or otherwise,
made with a casino operator under the
Casino Control Act 1991 or a gaming
Victorian Legislation and Parliamentary Documents
operator under Chapter 3; or
5 (f) to any entry in a public lottery conducted in
accordance with Chapter 5.
_______________
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PART 5--BETTING
Victorian Legislation and Parliamentary Documents
Division 1--Betting Houses and Places of Betting
2.5.1 What are betting houses and places of betting?
(1) A "betting house" or "place of betting" is a
5 house or place (as the case requires) that is
opened, kept or used--
(a) for the purpose of a betting with any persons
(whether in person or by messenger, agent,
post, telephone or otherwise); or
10 (b) for the purpose of taking instructions for the
placement of bets on behalf of any person; or
(c) for the purpose of any money or valuable
thing being received by or on behalf of a
person--
15 (i) as or for the consideration for any
undertaking to pay or give thereafter
any money or valuable thing on any
sporting event; or
(ii) as or for the consideration for securing
20 the paying or giving by some other
person of any money or valuable thing
on any such event--
except for the purpose of paying or receiving
money in settlement of bets lawfully made
25 under the Racing Act 1958 or this Act by or
on behalf of an authorised bookmaker; or
(d) for the purposes of printing, duplicating or
producing lists of persons, animals or things
(however identified) for the purpose of such
30 lists being used for or in connection with
unlawful betting on a sporting event.
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(2) A betting house or place of betting is declared to
be a public nuisance and contrary to law.
Victorian Legislation and Parliamentary Documents
2.5.2 Offences in respect of betting houses or places of
betting
5 (1) A person must not--
(a) open, keep or use a betting house or place of
betting; or
(b) being the owner or occupier of a house or
place, knowingly and wilfully permit it to be
10 opened, kept or used by any other person as
a betting house or place of betting; or
(c) have the care or management of, or in any
manner assist in conducting the business of,
a betting house or place of betting.
15 Penalty: 60 penalty units if it is the defendant's
first relevant offence and the Court is
satisfied that, at the time of the offence,
the value of all bets held by the person
receiving the bets or the value of all
20 bets instructed to be placed was less
than $500;
In any other case--
(i) for a first relevant offence,
100 penalty units or imprisonment
25 for 3 months or both;
(ii) for a second relevant offence,
250 penalty units or imprisonment
for 6 months or both;
(iii) for a third or subsequent relevant
30 offence, 1000 penalty units or
imprisonment for 2 years or both.
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(2) In sub-section (1) "relevant offence" means an
offence against sub-section (1) or section 2.5.8(4),
2.5.45 or 2.6.1 or an offence against a law of
Victorian Legislation and Parliamentary Documents
another State or a Territory that is declared by the
5 regulations to be a law that corresponds to this
section.
(3) A person who bets with a person who is in a
betting house or place of betting--
(a) is not, for that reason, aiding and abetting the
10 commission of an offence against sub-
section (1); and
(b) is guilty of an offence against this sub-
section.
Penalty: 5 penalty units.
15 2.5.3 Money received may be recovered from persons
receiving it
(1) Any money or valuable thing received by a person
referred to in section 2.5.2 as a deposit on a bet, or
any bet instructed to be placed or as or for the
20 consideration for an undertaking referred to in
section 2.5.1, is taken to have been received to or
for the use of the person from whom it was
received.
(2) Money or a thing referred to in sub-section (1) or
25 its value may be recovered by the person from
whom it was received in a court of competent
jurisdiction.
2.5.4 Division not to extend to stakeholder or to owner of
horse in any race
30 Nothing in section 2.5.1, 2.5.2 or 2.5.3 extends to
a person receiving or holding any money or
valuable thing by way of stakes or deposit to be
paid to the winner of a race or lawful sport, game
or exercise, or to the owner of a horse engaged in
35 a race.
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2.5.5 Penalty on persons exhibiting placards or
advertising betting houses or places of betting
Victorian Legislation and Parliamentary Documents
A person must not--
(a) exhibit or publish or cause to be exhibited or
5 published a placard, handbill, card, writing
or notice whereby it is made to appear that a
house or place is a betting house or place of
betting; or
(b) on behalf of the owner or occupier of a house
10 or place, or persons using a house or place,
invite other persons to resort to the house or
place for the purpose of making bets or
wagers.
Penalty: 25 penalty units or imprisonment for
15 6 months or both.
2.5.6 Penalty on persons advertising as to betting
A person must not send, exhibit or publish or
cause to be sent, exhibited or published a letter,
circular, telegram, handbill, card, writing or
20 notice--
(a) with intent to induce a person to apply to a
house or place or to a person with the view
of obtaining information or advice for the
purpose of a bet or wager on or with respect
25 to a sporting event; or
(b) inviting a person to make or take a share in
or in connection with any such bet or wager.
Penalty: 25 penalty units or imprisonment for
6 months or both.
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Division 2--Betting in Public Places
2.5.7 Definition
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In this Division--
"bookmaker" includes--
5 (a) a person who carries on the business of,
or acts as, a bookmaker or turf
commission agent; and
(b) a person who gains or endeavours to
gain their livelihood wholly or partly by
10 betting or making wagers.
2.5.8 Prohibition on betting in public places
(1) A person must not frequent, use or be in a public
place for the purpose of any money or valuable
thing being received by or promised to the person
15 or any other person on the person's behalf as or for
the consideration for--
(a) any undertaking to pay or give thereafter any
money or valuable thing on the result of a
sporting event; or
20 (b) securing the paying or giving by some other
person of any money or valuable thing on the
result of a sporting event.
(2) A bookmaker must not bet with another person in
a public place, whether in person or by means of
25 any agent, clerk or employee.
(3) An agent, clerk or employee of a bookmaker must
not bet with a person in a public place.
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(4) A person who contravenes sub-section (1), (2)
or (3) is guilty of an offence.
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Penalty: 60 penalty units if it is the defendant's
first relevant offence and the Court is
5 satisfied that, at the time of the offence,
the value of all bets held by the person
receiving the bets was less than $500;
In any other case--
(a) for a first relevant offence,
10 100 penalty units or imprisonment
for 3 months or both;
(b) for a second relevant offence,
250 penalty units or imprisonment
for 6 months or both;
15 (c) for a third or subsequent relevant
offence, 1000 penalty units or
imprisonment for 2 years or both.
(5) In sub-section (4) "relevant offence" means an
offence against sub-section (4) or section 2.5.2,
20 2.5.45 or 2.6.1 or an offence against a law of
another State or Territory that is declared by the
regulations to be a law that corresponds to this
section.
(6) A person betting in a public place with a person to
25 whom sub-section (1), (2) or (3) applies--
(a) is not, for that reason, aiding and abetting the
commission of an offence against sub-
section (4); and
(b) is guilty of an offence against this sub-
30 section.
Penalty: 5 penalty units.
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2.5.9 Money received may be recovered from persons
receiving it
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(1) Any money or valuable thing received by a person
to whom section 2.5.8(1), (2) or (3) applies as a
5 deposit of a bet made in a public place or as or for
the consideration for any such undertaking made
or given in a public place is taken to have been
received for the use of the person from whom it
was received.
10 (2) Money or a thing referred to in sub-section (1) or
its value may be recovered by the person from
whom it was received in a court of competent
jurisdiction.
2.5.10 Permitted sports betting in public places
15 (1) Nothing in section 2.5.8 applies to a person who
bets, or receives money in relation to betting, on a
foot race or bicycle race that is--
(a) conducted by a club or other organization
affiliated with the Victorian Athletic League
20 or Victorian Cycling Incorporated; and
(b) approved by a prescribed person.
(2) An application for approval of foot races and
bicycle races must be accompanied by the
prescribed fee (if any).
25 (3) An approval may be given in respect of a
specified race or races of a specified class.
Division 3--Betting with Minors
2.5.11 Definition
In this Division--
30 "gambling document" means a document that
invites or may reasonably be construed as
inviting a person receiving it--
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(a) to make a bet or wager; or
(b) to enter into or take a share or interest
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in a betting or wagering transaction; or
(c) to apply to a person or at a place with a
5 view to obtaining information or
advice--
(i) for the purpose of a bet or wager;
or
(ii) as to a sporting event on which
10 betting or wagering is generally
carried on.
2.5.12 Offence to bet with minor or invite minor to bet
(1) A person must not knowingly make or offer to
make a bet or wager with a minor or with another
15 person on behalf of a minor.
Penalty: 15 penalty units or imprisonment for
3 months or both.
(2) A person must not knowingly, for the purpose of
earning a profit, send or cause to be sent a
20 gambling document to a minor.
Penalty: 15 penalty units or imprisonment for
3 months or both.
2.5.13 Person betting with apparent minors is taken to
have knowledge of minority
25 (1) A person who makes a bet with, wagers with or
sells or delivers a ticket, card or thing in
connection with a bet to or applies for or receives
any such ticket, card or thing for a minor is taken
to have known that that person was a minor.
30 (2) Sub-section (1) does not apply if the person
proves that he or she believed on reasonable
grounds that the minor was not a minor.
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Division 4--Totalisators
2.5.14 Offences in respect of totalisators
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A person must not--
(a) use or conduct, or assist in using or
5 conducting, a totalisator; or
(b) for profit, receive directly or indirectly from
any other person whether personally or by
messenger, agent, post, telephone or
otherwise any money or authority to collect
10 or receive money for the purpose of placing,
investing or depositing it, or any part of it, in
a totalisator; or
(c) send or cause to be sent or knowingly deliver
to another person a document directly or
15 indirectly--
(i) requesting or inviting the other person
to employ the person or anyone else as
an agent; or
(ii) offering the person's services as an
20 agent in purchasing a ticket or making a
bet or investing money--
in connection with the working of a
totalisator; or
(d) employ or allow another person to act for the
25 person as an agent in purchasing a ticket or
making a bet or investing money in
connection with the working of a totalisator;
or
(e) make or enter into a bet on the result of any
30 event whereby the person on the person's
own or any other person's behalf agrees to
pay to the other party to the bet, if the latter
should win it, a sum of money the amount of
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which is dependent upon the result of the
working of a totalisator; or
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(f) sell or offer for sale or buy or accept a ticket
entitling or purporting to entitle the
5 purchaser or holder to an interest in the result
of the working of a totalisator; or
(g) make a contract or give an undertaking to
pay or receive any money the amount of
which is determined or to be determined by
10 the result of the working of a totalisator.
Penalty: For a first offence, 15 penalty units or
imprisonment for 3 months or both;
For a second offence, 25 penalty units
or imprisonment for 6 months or both;
15 For a third or subsequent offence,
imprisonment for 12 months.
Division 5--Advertisements, Communications, etc., about
Betting
2.5.15 Restrictions on publication etc. of information
20 concerning betting etc.
(1) A person must not publish or disseminate, or
cause to be published or disseminated, any
information or advice in any form or by any
method of communication--
25 (a) as to betting on an intended sporting
event, whether conducted in Victoria or
elsewhere;
(b) as to betting odds in connection with any
such sporting event;
30 (c) as to an totalisator (other than a totalisator
lawfully conducted in accordance with the
wagering licence or an on-course wagering
permit);
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(d) except as provided in paragraph (c), as to an
unlawful game; or
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(e) wherein or whereby it is made to appear that
the person or any other person, either in
5 Victoria or elsewhere, will, if required--
(i) bet in connection with; or
(ii) give information or advice directly or
indirectly as to the betting or the betting
odds on--
10 an intended sporting event, or sporting
events generally or a class of sporting event,
whether conducted in Victoria or elsewhere.
Penalty: For a first offence, 5 penalty units or
imprisonment for 3 months or both;
15 For a second offence, 25 penalty units
or imprisonment for 6 months or both;
For a third or subsequent offence,
imprisonment for 12 months.
(2) A person--
20 (a) who is registered as the proprietor, printer or
publisher of a newspaper; or
(b) who has the conduct, management or control
of any other method of communication--
that contains or purports to contain any
25 information or advice that gives rise to an offence
against to sub-section (1) is taken to have
published or disseminated that information or
advice unless the person proves that the person
had no reasonable grounds for suspecting that the
30 information or advice related to any of the matters
referred to in that sub-section.
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(3) In the absence of proof to the contrary, a person or
body named in any information or advice referred
to in sub-section (1) is taken to have published or
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disseminated it.
5 2.5.16 Exceptions to section 2.5.15
(1) Nothing in section 2.5.15 prohibits--
(a) the publication (other than by way of
advertisement or for valuable consideration)
of--
10 (i) the betting odds prevailing in any place
in relation to a horse, greyhound or
harness race or an event or contingency
on which a betting competition has
been approved under Part 5 of
15 Chapter 4 (whether to be conducted in
Victoria or elsewhere); or
(ii) any information concerning, or
comment on, those betting odds; or
(b) the publication or dissemination by or on
20 behalf of an authorised bookmaker who is
authorised to wager on double events, of a
notice provisionally indicating the betting
odds at which doubles bets may be made
with the bookmaker on combinations of two
25 horses or greyhounds one of which is entered
in the first race and the other in the second
race referred to in such groups of races as the
Minister may approve from time to time by
notice published in the Government Gazette.
30 (2) An authorised bookmaker who uses a method of
communication approved under section 86A of
the Racing Act 1958 to accept bets with persons
not present on the racecourse may advertise the
bookmaker's services and communicate the
35 betting odds the bookmaker is offering in respect
of--
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(a) a horse race; or
(b) a harness race; or
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(c) a greyhound race; or
(d) any other betting contingency approved
5 under section 4 of the Racing Act 1958.
(3) An authorised bookmaker who is authorised under
Part IV of the Racing Act 1958 to accept bets on
a particular betting contingency may advertise the
odds the bookmaker is offering in respect of that
10 betting contingency.
2.5.17 Betting placards and notices not to be posted up
anywhere
(1) A person must not exhibit or permit or allow to be
exhibited or assist in exhibiting in or on or about
15 any land, building or premises a document
containing any information or notice or list
directly or indirectly relating to betting or to
totalisators or to an unlawful game.
Penalty: For a first offence, 15 penalty units or
20 imprisonment for 3 months or both;
For a second offence, 25 penalty units
or imprisonment for 6 months or both;
For a third or subsequent offence,
imprisonment for 12 months.
25 (2) It is a defence to a prosecution for an offence
against sub-section (1) to prove that the defendant
did not know, and had reasonable grounds for not
knowing, that the information, notice or list
related to betting, totalisators or unlawful games.
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2.5.18 Penalty for communicating certain racing
information while race meeting is being held
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(1) At any time while a race meeting is being held on
a racecourse, a person, whether on the racecourse
5 or not, must not--
(a) send, convey or communicate;
(b) attempt to send, convey or communicate--
by any means to any person not on the racecourse
any information relating or purporting to relate,
10 whether directly or indirectly, to actual or
estimated betting odds at a race meeting on any
horse or any greyhound in any race or
combination of races.
Penalty: For a first offence, 100 penalty units or
15 imprisonment for 3 months or both;
For a second offence, 250 penalty units
or imprisonment for 6 months or both;
For a third or subsequent offence,
1000 penalty units or imprisonment for
20 2 years or both.
(2) Nothing in sub-section (1) applies to an authorised
bookmaker using a method of communication
approved under section 86A of the Racing Act
1958 to accept bets with persons not present on
25 the racecourse who communicates to those
persons the betting odds he or she is offering in
respect of--
(a) a horse race; or
(b) a harness race; or
30 (c) a greyhound race; or
(d) any other sporting event approved under
section 4 of the Racing Act 1958.
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(3) For the purposes of this section, a race meeting is
taken to be held for a continuous period of time
commencing one hour before the advertised
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starting time of the race, game, pastime, exercise
5 or contest that is the first event of the race meeting
on any day, and ending at the advertised starting
time of the race, game, pastime, exercise or
contest that is the last event of the race meeting on
that day.
10 2.5.19 Certain communications etc. exempted
(1) Despite anything to the contrary in this Division, a
person may communicate, publish or transmit
betting odds in accordance with an approval under
sub-section (2).
15 (2) The Minister may, by order published in the
Government Gazette, approve the communication
or publication or transmission by any means of the
betting odds prevailing at a race meeting.
(3) The Minister may make an approval--
20 (a) either general or limited in its application;
and
(b) subject to conditions.
(4) The Minister may by order published in the
Government Gazette--
25 (a) add, omit or vary a condition at any time;
and
(b) revoke an approval.
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Division 6--Common Gaming Houses and Places
2.5.20 What is a common gaming house or place?
Victorian Legislation and Parliamentary Documents
(1) A "common gaming house or place" is--
(a) a house or place opened, kept or used for--
5 (i) the purpose of a lottery or proposed
lottery; or
(ii) the purpose of playing any unlawful
game; or
(iii) any of the purposes mentioned in
10 section 2.5.1; or
(iv) for the purpose of using or conducting a
totalisator; or
(v) for the purpose of conveying or
communicating information relating to
15 betting odds at a race meeting on races
or combinations of races to persons not
on the racecourse while the race
meeting is being held; or
(b) a house or place--
20 (i) used principally for the purpose of
enabling any one or more persons to bet
with others or with one another or to
pay or receive any money or valuable
thing in respect of any bets whether
25 made in or at the house or place or
elsewhere; or
(ii) occupied by a company or club having
for its principal object or one of its
principal objects the enabling of
30 shareholders or members to make
wagers or bets or pay or receive money
in respect of wagers or bets whether so
made either among themselves or with
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other persons not necessarily being
shareholders or members; or
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(c) a house or place opened, kept or used in
connection with any offence referred to in
5 section 2.5.15; or
(d) a house or place that, at common law, is a
common gaming house or place.
(2) For the purposes of sub-section (1), it is irrelevant
whether or not the house or place is open only for
10 the use of subscribers or of members or
shareholders of any particular club or company or
may not be open to all persons desirous of using
that house or place.
2.5.21 Warrant to enter common gaming house and search
15 and seize on premises
(1) A member of the police force may apply to a
magistrate for a warrant under this section if the
member or another person suspects on reasonable
grounds that any house or place--
20 (a) is a common gaming house or place; or
(b) contains any instruments of gaming.
(2) If a magistrate is satisfied by evidence on oath or
by affidavit that there are reasonable grounds for
the suspicion founding an application under sub-
25 section (1), the magistrate may issue a special
warrant in the form of Form 1 in Schedule 4.
(3) A special warrant under this section authorises
and directs the person to whom it is issued and
any other member of the police force--
30 (a) to enter and re-enter the house or place at
any time and as often as and with any
assistants that may be found necessary and if
necessary to use force for making entry or
re-entry whether by breaking open doors or
35 otherwise; and
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(b) to arrest, search and bring before a bail
justice or the Magistrates' Court to be dealt
with according to law all persons found in
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the house or place or entering or leaving it;
5 and
(c) to diligently search all parts of the house or
place where the member suspects that
instruments of gaming are concealed; and
(d) to seize and bring before a bail justice or the
10 Magistrates' Court to be dealt with according
to law all instruments of gaming and all
money and securities for money found in the
house or place or on any person referred to in
paragraph (b).
15 2.5.22 Offence to obstruct the entry of authorised members
of police force
A person must not--
(a) wilfully prevent a member of the police force
authorised to enter any house or place by a
20 warrant under section 2.5.21 from entering
or re-entering the house or place or any part
of it; or
(b) obstruct or delay any member of the police
force in entering or re-entering the house or
25 place or part; or
(c) for the purpose of preventing obstructing or
delaying the entry or re-entry of a member of
the police force into a house or place referred
to in the warrant, secure an external or
30 internal door or means of access by a bolt,
bar, chain or other contrivance or uses any
other means for that purpose.
Penalty: 25 penalty units or imprisonment for
6 months or both.
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2.5.23 Obstructing entry to be evidence of house being a
common gaming house
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If--
(a) a member of the police force authorised by a
5 warrant under section 2.5.21 to enter a house
or place is wilfully prevented from or
obstructed or delayed in entering or re-
entering the house or place or any part of it;
or
10 (b) an external or internal door or means of
access to a house or place authorised to be
entered under the warrant is found to be
fitted or provided with a bolt, bar, chain or
other means or contrivance for the purpose
15 of preventing delaying or obstructing entry
or re-entry or for giving an alarm in case of
entry or re-entry; or
(c) a house or place is found fitted or provided
with any means or contrivance for--
20 (i) unlawful gaming or betting; or
(ii) conducting a lottery or totalisator; or
(iii) concealing removing or destroying any
instruments of gaming--
the prevention, obstruction, delay, fitting or
25 finding is, without prejudice to any other mode of
proof, proof in the absence of evidence to the
contrary that the house or place is a common
gaming house or place and that the persons found
in the house or place were unlawfully playing
30 there.
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2.5.24 Offence of permitting premises to be used as or as
access to a common gaming house or place
Victorian Legislation and Parliamentary Documents
(1) An owner or occupier, or an agent for an owner or
occupier, of a house or place must not permit or
5 allow the house or place--
(a) to be a common gaming house or place; or
(b) to be used as a means of access to or of exit
or escape from a common gaming house or
place.
10 Penalty: For a first offence, 15 penalty units or
imprisonment for 3 months or both;
For a second offence, 25 penalty units
or imprisonment for 6 months or both;
For a third or subsequent offence,
15 imprisonment for 12 months.
(2) Sub-section (1) does not apply to an owner who is
not the occupier or to an agent, if the court is
satisfied that the owner or agent--
(a) was ignorant of and had no reasonable
20 ground to suspect that the house or place was
a common gaming house or place or was
used for a purpose referred to in sub-
section (1)(b); or
(b) had taken all reasonable steps to prevent the
25 house or place being a common gaming
house or place or being used for a purpose
referred to in sub-section (1)(b).
2.5.25 Power of owner to evict occupier of common gaming
house or place
30 (1) If an owner of a house or place--
(a) has reasonable grounds to suspect that the
house or place is a common gaming house or
place; or
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(b) has reasonable grounds to suspect that the
house or place is used as a means of access
to or of exit or escape from a common
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gaming house or place--
5 the owner may serve on the occupier a notice to
quit (stating that the notice is given under this
section).
(2) Subject to this Act, if a notice is served under sub-
section (1), any tenancy under which the occupier
10 occupies the house or place is terminated on the
3rd day after the date of service as if the tenancy
had expired by effluxion of time.
(3) If a tenancy terminates under sub-section (2), the
owner may, without any authority other than this
15 Act, take legal proceedings to evict and may evict
the occupier.
(4) A notice under sub-section (1) must be served
personally on the occupier unless the occupier
cannot be found, in which case service may be
20 effected by posting a copy of the notice on a
conspicuous part of the house or place.
2.5.26 Cancellation of notice to quit
(1) A notice to quit under section 2.5.25 may at any
time be cancelled and relief be granted by the
25 Supreme Court subject to any terms the court
thinks fit on application by the occupier and on
proof that the occupier has not at any time--
(a) used, allowed or permitted the house or place
to be a common gaming house or place; or
30 (b) used, allowed or permitted the house or place
to be used as a means of access to or of exit
or escape from a common gaming house or
place.
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(2) Notice in writing of an application under sub-
section (1) must, not less than 72 hours before the
hearing of the application, be given to the owner
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of the house or place.
5 (3) On being served on the owner, notice of an
application under sub-section (1) operates as a
stay of any proceedings under section 2.5.25 until
the matter of the application is determined.
2.5.27 Declaration of common gaming house or place
10 (1) An officer of police may apply to the Magistrates'
Court for a declaration under sub-section (4) if the
officer suspects on reasonable grounds that a
house or place is used as--
(a) a common gaming house or place; or
15 (b) a means of access to or of exit or escape
from a common gaming house or place.
(2) An application must be supported by affidavit.
(3) Notice in writing of the application must, not less
than 72 hours before the hearing of the
20 application--
(a) be served on the owner or occupier of the
house or place; or
(b) be advertised in a newspaper circulating
generally in the locality in which the house
25 or place is situated.
(4) On an application under sub-section (1), the
Magistrates' Court may declare the house or place
which is the subject of the application to be a
common gaming house or place.
30 (5) A declaration remains in force--
(a) for the period specified in the declaration; or
(b) until rescinded by the Magistrates' Court--
whichever is the earlier.
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2.5.28 Application for rescission by owner etc.
(1) The owner, agent, mortgagee or occupier of a
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house or place that has been declared to be a
common gaming house or place may apply to the
5 Magistrates' Court for rescission of the
declaration.
(2) Notice in writing of the application must, not less
than 72 hours before the hearing of the
application, be served on an officer of police
10 stationed in the police district in which the
common gaming house or place is situated.
(3) On an application under sub-section (1), the
applicant must prove on the balance of
probabilities that the applicant has not at any time
15 used the house or place as a common gaming
house or place or as a means of access to or of exit
or escape from a common gaming house or place
or permitted it to be so used.
(4) The Magistrates' Court may rescind a declaration
20 subject to any terms or conditions that the Court
thinks fit, including the giving of security to
insure that the house or place will not be used
again as a common gaming house or place or as a
means of access to or of exit or escape from a
25 common gaming house or place.
2.5.29 Application for rescission by police
(1) An officer of police may apply to the Magistrates'
Court for rescission of a declaration that a house
or place is a common gaming house or place.
30 (2) On an application under sub-section (1), the
applicant must prove on the balance of
probabilities that the house or place is not used as
a common gaming house or place or in
contravention of this Part.
35 (3) The Magistrates' Court may rescind a declaration
in the manner referred to in section 2.5.28(4).
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2.5.30 Notice in the Government Gazette
(1) The applicant must cause to be published in the
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Government Gazette notice of--
(a) a declaration under section 2.5.27; or
5 (b) a rescission under section 2.5.28 or 2.5.29
and the terms or conditions subject to which
the rescission was made.
(2) In a proceeding under this Act, the production of a
copy of the Government Gazette containing a
10 notice referred to in sub-section (1) is evidence
that the declaration or rescission referred to in the
notice was duly made.
2.5.31 Other notices of declaration
(1) If a house or place is declared to be a common
15 gaming house or place under section 2.5.27, an
officer of police must--
(a) cause a notice of the making of the
declaration--
(i) to be published on 2 days in a
20 newspaper circulating in the
neighbourhood of the house or place;
and
(ii) to be served on the owner, agent,
mortgagee or occupier of the house or
25 place; and
(b) cause a copy of the declaration to be posted
up on the house or place so as to be visible
and legible to a person entering the house or
place.
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(2) Service under sub-section (1)(a)(ii) may be
effected--
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(a) by personal service; or
(b) if, in the opinion of the officer of police,
5 personal service cannot be effected
promptly, by causing a copy of the notice to
be affixed at or near to the entrance to the
house or place; or
(c) in the case of the owner or occupier, by
10 posting a prepaid letter addressed to "the
owner" or "the occupier" and bearing an
address or description of the house or place
that, in the opinion of the court, would
ensure the delivery of the letter at the house
15 or place.
(3) In a proceeding under this Act, the production of a
copy of a newspaper containing a notice referred
to in sub-section (1)(a)(i) is evidence that the
notice was duly published in that newspaper on
20 the date appearing on the newspaper.
(4) A person must not cover, remove, deface or
destroy a copy of a declaration posted up on
premises in accordance with sub-section (1)(b).
Penalty: 60 penalty units or imprisonment for
25 6 months or both.
(5) It is not a defence to a proceeding under this
Division to show--
(a) non-compliance with any of the requirements
of this section; or
30 (b) that a copy of a declaration posted up on
premises in accordance with sub-section
(1)(b) has been covered, removed, defaced or
destroyed.
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2.5.32 Persons found etc. in declared common gaming
house
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(1) If--
(a) a house or place has been declared to be a
5 common gaming house or place; and
(b) notice of the making of the declaration has
been published in a newspaper in accordance
with section 2.5.31(1)(a)(i); and
(c) the declaration is in force--
10 a person must not be found in or entering or
leaving the common gaming house or place or any
other house or place used as a means of access to,
or of exit or escape from, the common gaming
house or place.
15 Penalty: 60 penalty units or imprisonment for
6 months or both.
(2) It is a defence to a prosecution for an offence
against sub-section (1) to prove that the
defendant--
20 (a) was ignorant of the making of the declaration
at the time of the alleged offence; or
(b) was in or entering or leaving the house or
place for a lawful purpose.
2.5.33 Convicted persons found in declared common
25 gaming house
A person who has been convicted of an indictable
offence must not be found in a house or place that
has been declared to be a common gaming house
or place during the time that the declaration is in
30 force.
Penalty: 100 penalty units or imprisonment for
12 months or both.
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2.5.34 No business to be carried on in declared common
gaming house
Victorian Legislation and Parliamentary Documents
A person must not carry on, exercise or conduct a
business, trade, profession or calling, whether
5 authorised by a licence, registration or authority
under an Act or otherwise and whether on behalf
of any person or otherwise, in a house or place
that has been declared to be a common gaming
house or place during the time that the declaration
10 is in force.
2.5.35 Liability of owner
(1) If--
(a) notice of the making of a declaration under
section 2.5.27 is served on an owner of a
15 house or place; and
(b) during the time that the declaration is in
force, the house or place is used as a
common gaming house or place or as a
means of access to or of exit or escape from
20 a common gaming house or place--
the owner is guilty of an offence.
Penalty: For a first offence, 100 penalty units or
imprisonment for 12 months or both;
For a second or subsequent offence,
25 200 penalty units or imprisonment for
2 years or both.
(2) It is a defence to a charge for an offence against
sub-section (1) to prove that the defendant took all
reasonable steps to evict the occupier from the
30 house or place.
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2.5.36 Liability of occupier
(1) If--
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(a) notice of the making of a declaration is
served on an occupier of a house or place;
5 and
(b) during the time that the declaration is in
force, the house or place is used as a
common gaming house or place or as a
means of access to or of exit or escape from
10 a common gaming house or place--
the occupier is guilty of an offence.
Penalty: For a first offence, 100 penalty units or
imprisonment for 12 months or both;
For a second or subsequent offence,
15 200 penalty units or imprisonment for
2 years or both.
(2) It is a defence to a charge for an offence against
sub-section (1) to prove that the defendant took all
reasonable steps to prevent such use.
20 2.5.37 Additional penalty for continuing offences
A person who is guilty of an offence against
section 2.5.35(1) or 2.5.36(1) that is of a
continuing nature is liable, in additional to the
penalty set out at the foot of that section, to a
25 further penalty of not more than 5 penalty units
for each day during which the offence continued
after service by a member of the police force on
the person of a notice of contravention.
2.5.38 Entry by police
30 While a declaration under this Part is in force with
respect to a house or place, any member of the
police force may at any time--
(a) enter that house or place; and
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(b) enter any land or building which the member
has reasonable grounds to suspect is used as
a means of access to or of exit or escape
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from that house or place; and
5 (c) pass through, from, over and along any
other land or building for the purpose of
entering under paragraph (a) or (b); and
(d) for the purposes of paragraph (a), (b) or (c)
break open doors, windows and partitions
10 and do any other acts that are necessary; and
(e) seize any instruments of gaming and any
instruments of betting and documents
relating to betting and any money and
securities for money in that house or place or
15 upon any persons found there; and
(f) arrest, search and bring before a bail justice
or the Magistrates' Court all persons found in
or on or entering or leaving that house or
place without lawful excuse.
20 2.5.39 Special warrant to enter premises suspected of being
used as accessory to a common gaming house
(1) A member of the police force may apply to a
magistrate for a warrant under this section if the
member or another person suspects on reasonable
25 grounds that the owner or occupier of a house or
place (the "accessory house or place") is
permitting, allowing or suffering the house or
place to be used as a means of access to or of exit
or escape from a common gaming house or place.
30 (2) A member of the police force may apply for a
warrant under this section only if he or she is
expressly authorised by the Minister to do so in
any particular case.
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(3) If a magistrate is satisfied by evidence on oath or
by affidavit that there are reasonable grounds for
the suspicion founding an application under sub-
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section (1), the magistrate may issue a special
5 warrant in the form of Form 2 in Schedule 4.
(4) A special warrant under this section authorises
and directs the person to whom it is issued and
any other member of the police force--
(a) to enter and re-enter the accessory house or
10 place at any time and as often as and with
any assistants that may be found necessary
and if necessary to use force for making
entry or re-entry whether by breaking open
doors or otherwise; and
15 (b) to pass through, from, over and along the
accessory house or place; and
(c) to arrest, search and bring before a bail
justice or the Magistrates' Court to be dealt
with according to law all persons found in
20 the accessory house or place or entering or
leaving it; and
(d) to diligently search all parts of the accessory
house or place where the member suspects
that instruments of gaming are concealed;
25 and
(e) to seize and bring before a bail justice or the
Magistrates' Court to be dealt with according
to law all instruments of gaming and all
money and securities for money found in the
30 accessory house or place or on any person
referred to in paragraph (c).
(5) A person found in an accessory house or place or
entering or leaving an accessory house or place,
without lawful excuse, is guilty of an offence.
35 Penalty: $50.
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(6) A person must not--
(a) wilfully prevent a member of the police force
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authorised by a warrant under this section to
enter an accessory house or place from
5 entering or re-entering it or any part of it; or
(b) obstruct or delay a member of the police
force in so entering or re-entering; or
(c) for the purpose of preventing obstructing or
delaying the entry or re-entry of a member of
10 the police force, secure an external or
internal door of an accessory house or place
or means of access to the house or place by a
bolt, bar, chain or other contrivance or use
any other means for that purpose.
15 Penalty: 25 penalty units or imprisonment for
6 months or both.
2.5.40 Procedure where house or place is entered under a
special warrant etc.
(1) This section applies if--
20 (a) a house or place is entered under a warrant
under this Division and a person is found in
the house or place or entering or leaving it;
or
(b) a person is arrested as a person found in or
25 entering or leaving a house or place to which
this Division applies.
(2) If this section applies--
(a) the member of the police force authorised to
enter the house or place or to make or
30 making the arrest may require the person to
give his or her name and address;
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(b) a member of the police force must as soon as
possible bring all such persons or as many of
them as possible before a bail justice or the
Victorian Legislation and Parliamentary Documents
Magistrates' Court to be dealt with according
5 to law;
(c) in addition to any other power that the bail
justice or the Court may possess, the bail
justice or the Court may--
(i) on the oral statement of a member of
10 the police force (with or without oath as
to the bail justice or the Court seems
fit) direct orally or in writing that a
person be released from custody; or
(ii) by warrant in the form of Form 3 in
15 Schedule 4 imprison a person until the
hearing of a charge against them for an
offence under this Division; or
(iii) discharge a person on the person
entering into a recognizance (with or
20 without sureties at the discretion of the
bail justice or the Court) conditioned
for appearing at the hearing of the
charge;
(d) in the case of a person so imprisoned, if
25 within 24 hours after the person has been
received into custody in a prison, a document
purporting to be a copy of the charge is not
served on or delivered to person having the
legal custody of the person, the person must
30 be discharged from custody;
(e) on a prosecution of a person for an offence in
connection with a house or place referred to
in sub-section (1), any other person found in
the house or place (whether or not concerned
35 in or connected with any contravention of
this Division and whether or not present in
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court by virtue of any recognizance,
summons or warrant) may be required by the
court to give evidence on oath relating to the
Victorian Legislation and Parliamentary Documents
offence;
5 (f) a person referred to in paragraph (e) is not
excused from giving evidence on the ground
that it will tend to incriminate the person;
(g) a person referred to in paragraph (e) who
refuses to be sworn or to give evidence is
10 subject to be dealt with in all respects as if
the person were a person appearing before a
court in obedience to a subpoena or a
summons to a witness who refuses without
lawful cause or excuse to be sworn or to give
15 evidence.
(3) A person must not--
(a) refuse to give a name or address under sub-
section (2)(a); or
(b) give a false name or address.
20 Penalty: 5 penalty units or imprisonment for
1 month or both.
(4) A warrant to imprison under sub-section (2)(c)(ii)
may be issued for more than one person and, if so,
it authorises the imprisonment of each person in
25 respect of whom it is issued.
2.5.41 Persons required to be examined as witnesses
making a full discovery to receive a certificate
(1) If the Court is satisfied that a person required to
be examined as a witness under section 2.5.40
30 makes true and faithful discovery on the
examination to the best of the person's belief of all
things as to which the person is examined, the
Court must give the person a certificate in writing
to that effect.
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(2) If the Court is satisfied that a person concerned in
or connected with a contravention of this Division
who--
Victorian Legislation and Parliamentary Documents
(a) is called as a witness for the prosecution on
5 the trial or hearing before the Court of any
charge against any other person in
connection with or in respect of a common
gaming house or place; and
(b) on the examination as a witness makes true
10 and faithful discovery to the best of the
person's belief of all things as to which the
person is examined--
the Court may give the person a certificate in
writing to that effect.
15 2.5.42 Indemnity of witnesses
(1) A person who receives a certificate under
section 2.5.41 is freed from all criminal
prosecutions, penal actions, penalties, forfeitures
and punishments to which the person has before
20 that time become liable under this Act or any
other Act or law relating to lotteries, gaming,
betting, totalisators, common gaming houses or
places or unlawful games touching the matters in
respect of which the person is so examined.
25 (2) If any action, presentment, indictment or charge is
at any time pending in any court against the
person in respect of any act, matter or thing
concerning which the person was so examined as
a witness and in respect of which the person has
30 before that time become liable, the court, on the
production and proof of the certificate and on
proof that the person was so examined touching
the act, matter or thing--
(a) must stay the proceedings; and
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(b) may award the person such costs as the
person has been put to or such fixed sum for
or towards costs as the court thinks fit.
Victorian Legislation and Parliamentary Documents
2.5.43 Persons found in common gaming house or place
5 A person who is at any time found in a common
gaming house or place (whether entered under a
warrant or not) without lawful excuse is guilty of
an offence.
Penalty: For a first offence, 25 penalty units;
10 For a second or subsequent offence,
60 penalty units.
2.5.44 Being disguised in common gaming house or place
A person must not employ or use any means to
disguise themselves in or about a common gaming
15 house or place.
Penalty: For a first offence, 15 penalty units or
imprisonment for 3 months or both;
For a second offence, 25 penalty units
or imprisonment for 6 months or both;
20 For a third or subsequent offence,
imprisonment for 12 months.
Division 7--Services relating to Betting
2.5.45 Offence to promote or advertise betting or offer or
provide services relating to betting
25 (1) If a course of conduct is being engaged in of
unauthorised betting on one or more sporting
events, a person must not, knowing such conduct
is being engaged in--
(a) distribute any document to the public
30 promoting or advertising the unauthorised
betting (including any document about
betting accounts or services); or
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(b) make any transaction relating to the
unauthorised betting; or
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(c) offer or provide accounting, administrative
or other services relating to the unauthorised
5 betting.
Penalty: For a first relevant offence, 100 penalty
units or imprisonment for 3 months or
both;
For a second relevant offence,
10 250 penalty units or imprisonment for
6 months or both;
For a third or subsequent relevant
offence, 1000 penalty units or
imprisonment for 2 years or both.
15 (2) For the purposes of sub-section (1), it is irrelevant
whether--
(a) the unauthorised betting is being carried out
in Victoria or elsewhere; or
(b) the sporting events are being conducted in
20 Victoria or elsewhere.
(3) In this section--
"relevant offence" means an offence against this
section or section 2.5.2(1), 2.5.8(4) or
2.6.1(1) or an offence against a law of
25 another State or a Territory that is declared
by the regulations to be a law that
corresponds to this section;
"unauthorised betting" means betting that is not
authorised by or under the law of Victoria or
30 another State or Territory of the
Commonwealth.
_______________
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PART 6--GENERAL
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2.6.1 Possession of instrument of betting
(1) A person must not possess an instrument of
betting not authorised under this Act.
5 Penalty: For a first relevant offence, 100 penalty
units or imprisonment for 3 months or
both;
For a second relevant offence,
250 penalty units or imprisonment for
10 6 months or both;
For a third or subsequent relevant
offence, 1000 penalty units or
imprisonment for 2 years or both.
(2) In this section--
15 "possession" includes--
(a) actual physical possession; and
(b) custody or control; and
(c) having and exercising access, either
solely or in common with others--
20 and an instrument of betting is in a person's
possession if it is on land or in premises
occupied, used or controlled by the person;
"relevant offence" means an offence against this
section or section 2.5.2(1), 2.5.8(4) or 2.5.45
25 or an offence against a law of another State
or a Territory that is declared by the
regulations to be a law that corresponds to
this section.
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2.6.2 Search and seizure of instruments of betting
A member of the police force in any place--
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(a) may stop, detain and search--
(i) a vehicle in or on which the member
5 reasonably suspects there is an
instrument of betting; or
(ii) a person who the member reasonably
suspects is committing an offence
against section 2.6.1;
10 (b) may seize any instrument of betting found;
and
(c) for the purposes of paragraphs (a) and (b),
may use such force as is reasonably
necessary in gaining entry into the vehicle,
15 conducting the search or seizing an
instrument of betting.
2.6.3 Money stolen and paid away in bets is recoverable
If money is stolen or embezzled and paid to a
person as or on account of a wager or bet, the
20 person from whom it was stolen or embezzled
may recover it, or a sum not exceeding its amount,
in a court of competent jurisdiction from the
person to whom it was paid.
2.6.4 Acting as keeper of gaming houses etc.
25 A person who has or appears to have the care or
management of a house or place opened, kept or
used--
(a) as a common gaming house or place; or
(b) otherwise in contravention of this Chapter--
30 is taken to be the occupier of that house or place
(whether or not the person is the actual occupier).
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2.6.5 Evidence as to offences
(1) For the purposes of this Chapter--
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(a) it is not necessary to prove that a house or
place was used as a betting house or place of
5 betting more than once for a particular
purpose;
(b) the burden of proving that a building or part
of a building is not a private dwelling lies
with the prosecution;
10 (c) the burden of proving that land or premises
(whether enclosed or unenclosed) is not a
place where a person may lawfully bet lies
with the prosecution;
(d) keeping a bank in any house or place
15 apparently for the purpose of an unlawful
game is proof (in the absence of evidence to
the contrary) that the house or place is a
common gaming house or place;
(e) in the absence of evidence to the contrary--
20 (i) an instrument of gaming found in any
house or place or about the person of
anyone in that house or place; or
(ii) telephone calls or other
communications received in any house
25 or place--
in circumstances which raise the reasonable
inference that the house or place is used for a
purpose described in section 2.5.20(1) is
proof that the house or place is a common
30 gaming house or place and that the persons
found in that house or place were playing at
an unlawful game;
(f) a person found playing a game in any house
or place alleged to be opened, kept or used in
35 contravention of any of the provisions of this
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Chapter, is proof (in the absence of evidence
to the contrary) that the relevant person was
playing for money, wager or a stake;
Victorian Legislation and Parliamentary Documents
(g) money or other valuable thing paid, given or
5 received in circumstances which appear to a
court of competent jurisdiction to raise a
reasonable suspicion that the money or thing
was paid, given or received in contravention
of this Chapter is proof (in the absence of
10 evidence to the contrary) that the money or
thing was paid, given or received in
contravention of this Chapter;
(h) instruments of gaming or lists, books, cards,
papers or documents of things relating to
15 racing, betting or gaming found in a house or
place or about the person of those found
entering or leaving the premises in
circumstances which appear to the court to
raise a reasonable suspicion that the purposes
20 and provisions of this Chapter have been
contravened is proof (in the absence of
evidence to the contrary) that the relevant
house or place is a common gaming house or
place.
25 (2) Certification that a race meeting was held, signed
by the secretary of a racing club in any State or
Territory of the Commonwealth, is proof (in the
absence of evidence to the contrary) that the
relevant race meeting was held.
30 (3) Certification signed by a promoter in the
management or control of a sport or game is proof
(in the absence of evidence to the contrary) that
the relevant sport or game was played or
conducted on the specified day by any person or
35 team specified in the certificate.
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2.6.6 Instruments of gaming on vessels
It is not an offence against this Chapter for the
Victorian Legislation and Parliamentary Documents
owner or captain of a vessel that is travelling to or
from a port outside Victoria to possess an
5 instrument of gaming when the vessel is in
Victorian waters if the instrument of gaming is
rendered--
(a) inoperative; or
(b) inaccessible to the public.
10 2.6.7 Vicarious liability
(1) If a person in the course of employment or while
acting as an agent--
(a) commits an offence against this Chapter; or