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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gambling Regulation Further Amendment Bill
2009
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 1
3 Principal Act 2
PART 2--GAMING MACHINE AND GAMING MACHINE
ENTITLEMENT-RELATED AMENDMENTS 3
4 Definitions 3
5 Purposes of Chapter 3 4
6 Conduct of gaming 4
7 New section 3.1.4A inserted 5
3.1.4A Conduct of monitoring 5
8 Possession of gaming machines may be authorised 5
9 Ministerial directions as to requirements for gaming machines 6
10 Regions for gaming machines 6
3.2.4 Regions for gaming machines 6
11 Prohibited interests in gaming machine entitlements 7
12 Application for approval of premises 7
13 New section 3.3.5 substituted and new section 3.3.5A inserted 8
3.3.5 Proposed application must be given to relevant
responsible authority before application is made 8
3.3.5A No change permitted to number of gaming machines
sought in application after certain period 9
14 Responsible authority may make submission 9
15 Matters to be considered in determining applications 10
16 Determination of application 10
17 New section 3.3.15A inserted 10
3.3.15A One venue operator for an approved venue 10
18 Licensing of operators 11
19 Authority conferred by monitoring licence 11
20 Authority conferred by listing on Roll 11
21 Proposal of amendment by venue operator 12
561347B.I-13/8/2009 i BILL LA INTRODUCTION 13/8/2009
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22 New section 3.4.18A inserted 12
3.4.18A No change permitted to number of gaming machines
sought in application after certain period 12
23 Submissions on proposed amendments 13
24 Consideration and making of amendment 14
25 New section 3.4.28AA inserted 15
3.4.28AA Application of Division 15
26 Secretary reports on suitability of persons who can apply for
monitoring licence 15
27 New section 3.4.41A inserted 15
3.4.41A Consent required for reports and investigations 15
28 New definitions inserted for purpose of new Division 4 of
Part 4 of Chapter 3 16
29 New heading to section 3.4.48 substituted 17
30 New sections 3.4.48A to 3.4.48E inserted 17
3.4.48A Related agreements with monitoring licensee 17
3.4.48B No compensation payable because of a direction to
enter into related agreements 18
3.4.48C Limitation of monitoring licensee's civil liability 18
3.4.48D Related agreements may provide for damages
determined by the Minister 19
3.4.48E Minister may determine certain damages that must
be included in related agreements 19
31 Engaging contractors and appointing agents to assist with
monitoring 20
32 Request by licensee for amendment of monitoring licence 20
33 Amendment of monitoring licence 20
34 Suspension of licence pending criminal proceedings 21
35 Temporary monitoring licence 22
36 Report to Minister by Commission for temporary monitoring
licence 23
37 New section 3.4.59JA inserted 24
3.4.59JA Report to Minister by Commission for a temporary
monitoring licence issued for 90 days 24
38 Further provisions for temporary licence 25
39 New sections 3.4.59LA to 3.4.59LG inserted 25
3.4.59LA Related agreements with temporary licensee 25
3.4.59LB No compensation payable because of a direction to
enter into related agreements 26
3.4.59LC Limitation of temporary licensee's civil liability 26
3.4.59LD Related agreements may provide for damages
determined by the Minister 27
3.4.59LE Minister may determine certain damages that must
be included in related agreements 27
561347B.I-13/8/2009 ii BILL LA INTRODUCTION 13/8/2009
Clause Page
3.4.59LF Appointment of a monitoring services provider if
monitoring licence not granted 28
3.4.59LG Appointment of a monitoring services provider
after monitoring licence suspended, cancelled or
surrendered 30
40 New section 3.4.59Q inserted 35
3.4.59Q No compensation payable for certain acts and
omissions relating to monitoring 35
41 New section 3.4.59R inserted 36
3.4.59R Trade Practices Act and Competition Code 36
42 Letter of censure 37
43 Requirement to hold gaming machine entitlements 37
44 Minister may create and allocate gaming machine entitlements 37
45 New section 3.4A.5A inserted 39
3.4A.5A Review of regional and municipal limits for
gaming machine entitlements 39
46 New heading to section 3.4A.6 substituted 40
47 New section 3.4A.6A inserted 40
3.4A.6A Directions in relation to related agreements with
Minister 40
48 Duration of gaming machine entitlements 41
49 New sections 3.4A.11A and 3.4A.11B inserted 41
3.4A.11A Related agreements between venue operators and
monitoring licensee 41
3.4A.11B No compensation payable because of a direction to
enter into related agreements 42
50 New section 3.4A.17A inserted 42
3.4A.17A Related agreements must be entered into before
gaming machine entitlement may be transferred 42
51 New Division 5A of Part 4A of Chapter 3 inserted 43
Division 5A--Purchase by the State of gaming machine
entitlements 43
3.4A.20A Application of Division 43
3.4A.20B Commission to determine excess gaming machine
entitlements 43
3.4A.20C Ministerial Order for purchase of gaming machine
entitlements 44
3.4A.20D Determinations for purpose of Division 44
3.4A.20E Initial offers by State for purchase of gaming
machine entitlements 46
3.4A.20F Further reduction of gaming machine entitlements 47
3.4A.20G Further offers by State for purchase of gaming
machine entitlements 49
3.4A.20H Extinguishment of gaming machine entitlements
purchased for purpose of State limit reduction 50
561347B.I-13/8/2009 iii BILL LA INTRODUCTION 13/8/2009
Clause Page
3.4A.20I Extinguishment on reduction of State limit 50
3.4A.20J No compensation payable 51
52 New Division 8A of Part 4A of Chapter 3 inserted 51
Division 8A--Forfeiture of gaming machine entitlements
following offers to purchase those entitlements 51
3.4A.27A Forfeiture to State--after reduction of regional or
municipal district limit 51
53 Extinguishment of interests and rights in gaming machine
entitlements 52
54 Forfeited gaming machine entitlements 52
55 New Division 11 of Part 4A of Chapter 3 inserted 52
Division 11--General 52
3.4A.34 Trade Practices Act and Competition Code
authorisation 52
56 Approval of gaming machine types and games 53
57 Withdrawal of approval 53
58 Approval of electronic monitoring systems 54
59 Banning large denomination note acceptors and autoplay
facilities 54
60 Spin rates 54
61 Taxation in relation to gaming in approved venues with pub
licences 54
62 Taxation in relation to gaming in approved venues with club
licences or racing club licences 55
63 New Division 3 of Part 7 of Chapter 3 inserted 56
Division 3--Other requirements 56
3.7.6A Directions to gaming operator to provide
information etc. 56
3.7.6B Directions to monitoring licensee to provide
information etc. 57
3.7.6C No compensation payable 58
3.7.6D Directions to monitoring licensee 59
PART 3--WAGERING AND BETTING-RELATED
AMENDMENTS 60
64 Approval of totalisator equipment 60
65 Betting exchange rules 60
66 Disallowance of betting exchange rules 60
67 New Division 8 inserted in Part 3 of Chapter 4 61
Division 8--Further obligation to provide information 61
4.3.34 Directions to wagering licensee to provide information 61
68 New heading to section 4.3A.10 substituted 62
561347B.I-13/8/2009 iv BILL LA INTRODUCTION 13/8/2009
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69 New sections 4.3A.10AA and 4.3A.10AB inserted 62
4.3A.10AA Related agreements with wagering and betting
licensee 62
4.3A.10AB No compensation payable because of a direction
to enter into related agreements 64
70 New sections 4.3A.13A and 4.3A.13B inserted 64
4.3A.13A Penalty interest for late payment 64
4.3A.13B Recovery of amounts 64
71 Engaging contractors and appointing agents to assist with
wagering and betting 64
72 Request by licensee for amendment of wagering and betting
licence 65
73 Amendment of wagering and betting licence 65
74 Temporary wagering and betting licence 66
75 Report to Minister by Commission for temporary wagering
and betting licence 67
76 New section 4.3A.32A inserted 68
4.3A.32A Report to Minister by Commission for a
temporary wagering and betting licence issued
for 90 days 68
77 Further provisions for temporary wagering and betting licence 68
78 New sections 4.3A.34AA and 4.3A.34AB inserted 69
4.3A.34AA Related agreements with temporary wagering
and betting licensee 69
4.3A.34AB No compensation payable because of a direction
to enter into related agreements 70
79 Approval of telecommunication devices by Commission 70
80 New sections 4.3A.39A and 4.3A.39B inserted 71
4.3A.39A Directions to provide information 71
4.3A.39B Directions to licensees 72
81 New section 4.6.3A inserted 72
4.6.3A Wagering tax review 72
82 New Part 9 of Chapter 4 inserted 73
PART 9--OTHER MATTERS 73
4.9.1 Trade Practices Act and Competition Code 73
PART 4--LOTTERIES-RELATED AMENDMENTS 75
83 Approval of computer equipment 75
84 Request by licensee for amendment of public lottery licence 75
85 Amendment of public lottery licence 75
86 Temporary public lottery licences 76
87 Report to Minister by Commission for temporary public licence 78
88 New section 5.3.28A inserted 79
5.3.28A Report to Minister by Commission for a temporary
public lottery licence issued for 90 days 79
561347B.I-13/8/2009 v BILL LA INTRODUCTION 13/8/2009
Clause Page
PART 5--CLUB KENO-RELATED AMENDMENTS 80
89 New Division 3 of Part 3 of Chapter 6 inserted 80
Division 3--Unclaimed prizes 80
6.3.4 Unclaimed prizes 80
90 New Part 6 of Chapter 6 inserted 81
PART 6--GENERAL 81
6.6.1 Directions to participants to provide information 81
PART 6--KENO-RELATED AMENDMENTS 83
91 Approval of keno system 83
92 New heading to section 6A.3.10 substituted 83
93 New sections 6A.3.10A and 6A.3.10B inserted 83
6A.3.10A Related agreements with keno licensee 83
6A.3.10B No compensation payable because of a direction
to enter into related agreements 84
94 New sections 6A.3.13A and 6A.3.13B inserted 85
6A.3.13A Penalty interest for late payment 85
6A.3.13B Recovery of amounts 85
95 Engaging contractors and appointing agents to assist with
keno games 85
96 Request by licensee for amendment of keno licence 85
97 Amendment of keno licence 86
98 Temporary keno licence 86
99 Report to Minister by Commission for a temporary keno
licence 88
100 New section 6A.3.32A inserted 88
6A.3.32A Report to Minister by Commission for a
temporary keno licence issued for 90 days 88
101 Further provisions for temporary licence 89
102 New sections 6A.3.34A and 6A.3.34B inserted 89
6A.3.34A Related agreements with temporary keno licensee 89
6A.3.34B No compensation payable because of a direction
to enter into related agreements 90
103 New sections 6A.3.39A to 6A.3.39D inserted 91
6A.3.39A Directions to provide information 91
6A.3.39B Directions to licensee 92
6A.3.39C Claim for prize 92
6A.3.39D Unclaimed prizes 93
104 New Part 6 of Chapter 6A inserted 94
PART 6--OTHER MATTERS 94
6A.6.1 Trade Practices Act and Competition Code 94
561347B.I-13/8/2009 vi BILL LA INTRODUCTION 13/8/2009
Clause Page
PART 7--COMMUNITY AND CHARITABLE GAMING-
RELATED AMENDMENTS 96
105 New section 8.4.7A inserted 96
8.4.7A Payment of prize money and cashing of cheques 96
PART 8--ADMINISTRATION AND ENFORCEMENT-
RELATED AMENDMENTS 97
106 Commission's functions 97
107 New section 10.1.5A inserted 97
10.1.5A Standards for approvals of technical equipment
and systems 97
108 Public hearings for amendments to venue operators' licences to
increase gaming machine numbers 98
109 New section 10.1.22A inserted 99
10.1.22A Procedure for non-public hearing of applications
for gaming machine increases 99
110 Commission to give written statement after public hearing or
on request 100
111 Subject matter for regulations 100
PART 9--OTHER AMENDMENTS, SAVINGS AND
TRANSITIONALS 101
Division 1--Consequential amendments relating to the provision
of monitoring services 101
112 Purpose, objective and outline of Act 101
113 Purpose of Chapter 3 101
114 Application of Chapter 3 to casino operator 101
115 Gaming in approved venue declared lawful 102
116 Possession of gaming machines may be authorised 102
117 Monitoring restrictions for persons listed on the Roll and
related persons 102
118 Restrictions for the monitoring licensee and related persons 102
119 Authority conferred by gaming operator's licence 102
120 Authority conferred by gaming operator's licence 103
121 Authority conferred by monitoring licence 103
122 Authority conferred by listing on the Roll 103
123 Licence may authorise preparatory action 103
124 Offence to breach licence conditions 104
125 Disciplinary action 104
126 Authority conferred by gaming machine entitlements 104
127 Manufacture, sale, supply, obtaining or possession of gaming
machines 104
128 Unlawful interference with gaming equipment or monitoring
equipment 105
561347B.I-13/8/2009 vii BILL LA INTRODUCTION 13/8/2009
Clause Page
129 Protection of sensitive areas of gaming equipment or
monitoring equipment 105
130 Approval of electronic monitoring systems 106
131 Installation and storage of gaming machines 106
132 Certificates of installation 106
133 Malfunction of gaming machines or monitoring equipment 106
134 Defective gaming machines not allowed 107
135 Commission may give directions 107
136 Legality of onboard gaming 107
137 Non-applicability of other laws 107
138 Unlawful interference with gaming equipment 107
139 Authority conferred by a gaming industry employee's licence 107
140 Objectives of Commission 108
141 Seizure and forfeiture of equipment 108
Division 2--Other minor amendments 108
142 Statute law revision 108
Division 3--Savings and transitionals 109
143 New clause 22.1AB of Part 22 of Schedule 7 inserted 109
22.1AB Venue operators that do not hold a club licence,
pub licence or racing club licence 109
144 New Part 24 of Schedule 7 inserted 110
PART 24--GAMBLING REGULATION FURTHER
AMENDMENT ACT 2009 110
24.1 Specified areas 110
PART 10--REPEAL OF ACT 112
145 Repeal of Act 112
ENDNOTES 113
561347B.I-13/8/2009 viii BILL LA INTRODUCTION 13/8/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Gambling Regulation Further
Amendment Bill 2009
A Bill for an Act to make miscellaneous amendments to the
Gambling Regulation Act 2003 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to make miscellaneous
amendments to the Gambling Regulation Act
5 2003 to improve the operation of that Act.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
10 operation before 1 September 2012, it comes into
operation on that day.
561347B.I-13/8/2009 1 BILL LA INTRODUCTION 13/8/2009
Gambling Regulation Further Amendment Bill 2009
Part 1--Preliminary
s. 3
3 Principal Act
See: In this Act, the Gambling Regulation Act 2003 is
Act No.
114/2003. called the Principal Act.
Reprint No. 3
as at
6 August 2009
and
amending
Act Nos
72/2007,
71/2008,
25/2009 and
29/2009.
LawToday:
www.
legislation.
vic.gov.au
__________________
561347B.I-13/8/2009 2 BILL LA INTRODUCTION 13/8/2009
Gambling Regulation Further Amendment Bill 2009
Part 2--Gaming Machine and Gaming Machine Entitlement-Related
s. 4
Amendments
PART 2--GAMING MACHINE AND GAMING MACHINE
ENTITLEMENT-RELATED AMENDMENTS
4 Definitions
(1) In section 1.3 of the Principal Act, for the
5 definition of gaming equipment substitute--
"gaming equipment means any--
(a) gaming machine;
(b) part of, or replacement part for, any
such machine;
10 (c) restricted gaming component;
(d) equipment for the purpose of operating
jackpots;".
(2) In section 1.3 of the Principal Act, for the
definition of regional limit substitute--
15 "regional limit means--
(a) the maximum permissible number of
gaming machines available for gaming
in a region of the State determined and
in force under section 3.2.4; or
20 (b) the maximum permissible number of
gaming machine entitlements under
which gaming may be conducted in a
region of the State determined and in
force under section 3.4A.5(3A);".
25 (3) In section 1.3 of the Principal Act insert the
following definitions--
"monitoring equipment means any--
(a) equipment for the purpose of
facilitating linked jackpot
30 arrangements;
(b) electronic monitoring system;
561347B.I-13/8/2009 3 BILL LA INTRODUCTION 13/8/2009
Gambling Regulation Further Amendment Bill 2009
Part 2--Gaming Machine and Gaming Machine Entitlement-Related
s. 5
Amendments
(c) part of, or replacement part for, any
such equipment or system;
(d) restricted monitoring component;
restricted gaming component, in relation to
5 gaming equipment, means any component
that is prescribed as a restricted gaming
component;
restricted monitoring component, in relation to
monitoring equipment, means any
10 component that is prescribed as a restricted
monitoring component;".
(4) In section 1.3 of the Principal Act, the definition
of restricted component is repealed.
5 Purposes of Chapter 3
15 At the end of section 3.1.1 of the Principal Act
insert--
"(2) The purpose of this Chapter is also to--
(a) provide for the allocation of gaming
machine entitlements in order to
20 maximise the financial and social
benefits to the Victorian community
within the regulatory framework
applying to the allocation of
entitlements;
25 (b) promote a competitive gaming industry
with the aim of providing financial and
social benefits to the Victorian
community.".
6 Conduct of gaming
30 In section 3.1.4(1) of the Principal Act--
(a) in paragraph (e) for "gaming." substitute
"gaming; and";
561347B.I-13/8/2009 4 BILL LA INTRODUCTION 13/8/2009
Gambling Regulation Further Amendment Bill 2009
Part 2--Gaming Machine and Gaming Machine Entitlement-Related
s. 7
Amendments
(b) after paragraph (e) insert--
"(f) the operation of jackpots.".
7 New section 3.1.4A inserted
After section 3.1.4 of the Principal Act insert--
5 "3.1.4A Conduct of monitoring
A reference in this Chapter to the conduct of
monitoring is a reference to an activity
referred to in section 3.4.4.".
8 Possession of gaming machines may be authorised
10 (1) After section 3.2.2(2) of the Principal Act
insert--
"(2A) The Commission may authorise, in writing, a
person who was the holder of a gaming
operator's licence or a gaming licence to--
15 (a) be in possession of a gaming machine
or gaming equipment; or
(b) sell or dispose of a gaming machine or
gaming equipment.
(2B) The Commission may authorise, in writing, a
20 venue operator to be in possession of, or sell
or dispose of, a gaming machine or gaming
equipment after a relevant event.
(2C) The Commission may give an authorisation
under subsection (2A) or (2B) only if--
25 (a) in the case of a person who was a
holder of a gaming operator's licence or
a gaming licence--the gaming machine
or gaming equipment was acquired
while the person held a gaming
30 operator's licence or a gaming licence;
(b) in the case of a venue operator--the
gaming machine or gaming equipment
561347B.I-13/8/2009 5 BILL LA INTRODUCTION 13/8/2009
Gambling Regulation Further Amendment Bill 2009
Part 2--Gaming Machine and Gaming Machine Entitlement-Related
s. 9
Amendments
was acquired while the operator held a
gaming machine entitlement.".
(2) In section 3.2.2(3) of the Principal Act, for
"or (2)" substitute ", (2), (2A) or (2B)".
5 (3) After section 3.2.2(4) of the Principal Act
insert--
"(5) In this section--
relevant event, for a venue operator,
means--
10 (a) the forfeiture, under Division 6, 7,
8 or 8A of Part 4A, of all gaming
machine entitlements held by the
operator; or
(b) the transfer, under Division 5 of
15 Part 4A, of all gaming machine
entitlements held by the operator
to another venue operator; or
(c) the sale, under Division 5A of Part
4A, of all gaming machine
20 entitlements held by the
operator.".
9 Ministerial directions as to requirements for gaming
machines
In section 3.2.3(1)(g) of the Principal Act omit
25 "section 3.5.29(3) or 3.5.30(2) of this Act or".
10 Regions for gaming machines
For section 3.2.4 of the Principal Act substitute--
"3.2.4 Regions for gaming machines
The Minister may from time to time, by
30 order published in the Government Gazette,
determine regions in the State for the
purposes of this Chapter.".
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Gambling Regulation Further Amendment Bill 2009
Part 2--Gaming Machine and Gaming Machine Entitlement-Related
s. 11
Amendments
11 Prohibited interests in gaming machine entitlements
(1) In section 3.2A.7(1) of the Principal Act, for "It"
substitute "On and after a day declared by the
Minister under subsection (1A), it".
5 (2) After section 3.2A.7(1) of the Principal Act
insert--
"(1A) For the purposes of this Division, the
Minister must, by notice published in the
Government Gazette, declare a day on and
10 after which it will be unlawful for an
entitlement holder to hold a prohibited
number of hotel gaming machine
entitlements or club gaming machine
entitlements.
15 (1B) A notice published in the Government
Gazette under subsection (1A) takes effect
on the day on which the notice is published
in the Government Gazette, or on a later day
specified in the notice.".
20 12 Application for approval of premises
(1) In section 3.3.4(1) of the Principal Act, for
"The owner" substitute "Subject to section 3.3.5,
the owner".
(2) After section 3.3.4(3)(b) of the Principal Act
25 insert--
"(ba) the number of gaming machines sought to be
permitted in the premises for gaming; and
(bb) evidence that the owner has complied with
section 3.3.5(1); and".
561347B.I-13/8/2009 7 BILL LA INTRODUCTION 13/8/2009
Gambling Regulation Further Amendment Bill 2009
Part 2--Gaming Machine and Gaming Machine Entitlement-Related
s. 13
Amendments
13 New section 3.3.5 substituted and new section 3.3.5A
inserted
For section 3.3.5 of the Principal Act substitute--
"3.3.5 Proposed application must be given to
5 relevant responsible authority before
application is made
(1) The owner of premises, or a person
authorised by the owner, who proposes to
apply under section 3.3.4 for the approval of
10 the premises as suitable for gaming must
give to the relevant responsible authority
within the meaning of the Planning and
Environment Act 1987--
(a) a copy of the proposed application
15 before making the application under
that section; and
(b) if the proposed application is amended
before making the application under
that section, a copy of the proposed
20 application, as amended; and
(c) if the owner makes an application that
differs from the proposed application, a
copy of that application on the same
day the application is made.
25 (2) Within 37 days after receiving a copy of a
proposed application under subsection (1)(a),
the relevant responsible authority must
notify, in writing, the Commission as to
whether it intends to make a submission
30 under section 3.3.6 in respect of any
application to which the proposed
application relates.
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Gambling Regulation Further Amendment Bill 2009
Part 2--Gaming Machine and Gaming Machine Entitlement-Related
s. 14
Amendments
3.3.5A No change permitted to number of gaming
machines sought in application after
certain period
The applicant cannot change the number,
5 stated in the application, of gaming machines
sought to be permitted in the premises for
gaming once the first 30 days after giving the
relevant responsible authority a copy of the
proposed application under section 3.3.5(1)
10 elapse.".
14 Responsible authority may make submission
(1) In section 3.3.6(1) of the Principal Act, for "The
relevant responsible authority" substitute
"Subject to this section, the relevant responsible
15 authority".
(2) For section 3.3.6(3) of the Principal Act
substitute--
"(3) Unless the Commission considers there are
exceptional circumstances or there is a
20 change, in the application, to the number of
gaming machines sought to be permitted in
the premises for gaming, a submission must
be made within 60 days after the responsible
authority receives a copy of the proposed
25 application under section 3.3.5(1).
(4) If the Commission considers there are
exceptional circumstances or there is a
change, in the application, to the number of
gaming machines sought to be permitted in
30 the premises for gaming, the Commission,
by written notice given to the responsible
authority, may extend the period of time
within which a responsible authority may
make a submission.
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Gambling Regulation Further Amendment Bill 2009
Part 2--Gaming Machine and Gaming Machine Entitlement-Related
s. 15
Amendments
(5) The Commission must not extend the period
of time within which the responsible
authority may make a submission beyond
30 days after the end of the period specified
5 in subsection (3).".
15 Matters to be considered in determining
applications
Section 3.3.7(4) of the Principal Act is repealed.
16 Determination of application
10 After section 3.3.8(1) of the Principal Act
insert--
"(1A) The Commission must use its reasonable
endeavours to determine an application
within 60 days after--
15 (a) receiving a notification from a
responsible authority under section
3.3.5(2) that the authority does not
intend to make a submission under
section 3.3.6; or
20 (b) the making of a submission by a
responsible authority under
section 3.3.6--
whichever occurs first.
(1B) If the Commission does not determine the
25 application within the period specified under
subsection (1A), the Commission is to be
taken to have refused to grant the approval.".
17 New section 3.3.15A inserted
After section 3.3.15 of the Principal Act insert--
30 "3.3.15A One venue operator for an approved
venue
Only one venue operator may conduct
gaming in each approved venue.".
561347B.I-13/8/2009 10 BILL LA INTRODUCTION 13/8/2009
Gambling Regulation Further Amendment Bill 2009
Part 2--Gaming Machine and Gaming Machine Entitlement-Related
s. 18
Amendments
18 Licensing of operators
For section 3.4.1(ac) of the Principal Act
substitute--
"(ac) while holding a gaming machine entitlement
5 or under an authorisation under section
3.2.2(2A), sell or dispose of a gaming
machine or gaming equipment acquired for
the purpose of use in an approved venue
operated by the venue operator; and".
10 19 Authority conferred by monitoring licence
(1) In section 3.4.4(1)(b) of the Principal Act, after
"electronic monitoring system" (where first
occurring) insert "and monitoring equipment".
(2) In section 3.4.4(1)(c) of the Principal Act insert--
15 "(ca) to provide, in accordance with a direction
under section 3.4.49 (if any), systems and
mechanisms that implement responsible
gambling measures for the conduct of
gaming; and".
20 20 Authority conferred by listing on Roll
After section 3.4.5(f) of the Principal Act insert--
"(fa) to enter into arrangements with the
monitoring licensee, the holder of a public
lottery licence or the keno licensee to test
25 instruments, contrivances, hardware,
software or equipment referred to in section
3.5.13, 5.2.1A or 6A.2.5 for the purposes of
the issue of certificates referred to in those
sections.".
561347B.I-13/8/2009 11 BILL LA INTRODUCTION 13/8/2009
Gambling Regulation Further Amendment Bill 2009
Part 2--Gaming Machine and Gaming Machine Entitlement-Related
s. 21
Amendments
21 Proposal of amendment by venue operator
For section 3.4.18(2) of the Principal Act
substitute--
"(2) If an amendment proposed by a venue
5 operator is to increase the number of gaming
machines permitted in an approved venue,
the venue operator must give to the
municipal council of the municipal district in
which the approved venue is located--
10 (a) a copy of the proposed amendment
before requesting the amendment; and
(b) if the proposed amendment is amended
before request of the amendment is
made, a copy of the proposed
15 amendment, as amended; and
(c) if the operator's request for an
amendment differs from the proposed
amendment given to the council, a copy
of that request on the same day as the
20 request is made.
(2A) Within 37 days after receiving a copy of a
proposed amendment under subsection
(2)(a), the municipal council must notify, in
writing, the Commission as to whether it
25 intends to make a submission under section
3.4.19 in respect of any request to which the
proposed amendment relates.".
22 New section 3.4.18A inserted
After section 3.4.18 of the Principal Act insert--
30 "3.4.18A No change permitted to number of gaming
machines sought in application after
certain period
A venue operator who has requested an
amendment to licence conditions to increase
35 the number of gaming machines permitted in
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Amendments
an approved venue cannot change the
number stated in the request once the first
30 days after giving a copy of the proposed
amendment to the municipal council under
5 section 3.4.18(2) elapse.".
23 Submissions on proposed amendments
(1) For section 3.4.19(1) of the Principal Act
substitute--
"(1) Subject to this section, after receiving a copy
10 of a request for an amendment referred to in
section 3.4.18(2), a municipal council may
make a submission to the Commission--
(a) addressing the economic and social
impact of the proposed amendment on
15 the well-being of the community of the
municipal district in which the
approved venue is located; and
(b) taking into account the impact of the
proposed amendment on surrounding
20 municipal districts.
(1A) Unless the Commission considers that there
are exceptional circumstances, or there is a
change, in the request for an amendment, to
the number of gaming machines sought to be
25 permitted in the premises for gaming, a
submission must be made within 60 days
after the municipal council receives a copy
of a request for a proposed amendment
referred to section 3.4.18(2).
30 (1B) If the Commission considers that there are
exceptional circumstances, or there is a
change, in the request for an amendment, to
the number of gaming machines sought to be
permitted in the premises for gaming, the
35 Commission, by written notice given to the
municipal council, may extend the period of
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Amendments
time within which the council may make a
submission.
(1C) The Commission must not extend the period
of time within which the municipal council
5 may make a submission beyond 30 days after
the end of the period specified in
subsection (1A).".
(2) For section 3.4.19(3) of the Principal Act
substitute--
10 "(3) In the case of an amendment proposed by the
Commission, the Commission must give the
venue operator at least 28 days to make any
other submissions to the Commission
concerning the proposed amendment and
15 must consider the submissions made.".
24 Consideration and making of amendment
After section 3.4.20(2) of the Principal Act
insert--
"(2A) In the case of a proposed amendment to
20 increase the number of gaming machines
permitted at an approved venue, the
Commission must use reasonable endeavours
to decide whether to make the proposed
amendment within 60 days after--
25 (a) receiving a notification from a
municipal council under section
3.4.18(2A) that the council does not
intend to make a submission under
section 3.4.19; or
30 (b) the making of a submission by a
municipal council under
section 3.4.19--
whichever occurs first.
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Amendments
(2B) If the Commission does not make a decision
within the period specified under subsection
(2A), the Commission is to be taken to have
refused to make the proposed amendment.".
5 25 New section 3.4.28AA inserted
In Division 2A of Part 4 of Chapter 3 of the
Principal Act, before section 3.4.28A insert--
"3.4.28AA Application of Division
This Division does not apply to a venue
10 operator who is a casino operator.".
26 Secretary reports on suitability of persons who can
apply for monitoring licence
(1) For section 3.4.41(1) of the Principal Act
substitute--
15 "(1) If requested by the Minister, the Secretary
must give a written report to the Minister in
relation to a person the Minister is
considering to invite to apply for the
monitoring licence.".
20 (2) Section 3.4.41(2) of the Principal Act is repealed.
27 New section 3.4.41A inserted
After section 3.4.41 of the Principal Act insert--
"3.4.41A Consent required for reports and
investigations
25 (1) For the purpose of preparing a report under
section 3.4.41 or 3.4.43 to give to the
Minister, and for investigations and inquiries
to be carried out under Division 1C of Part 4
of Chapter 10 for the purpose of preparing a
30 report under section 3.4.41 or 3.4.43, the
Secretary must obtain the written consent
of--
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Amendments
(a) a possible invitee or pending applicant;
and
(b) any other person the Secretary
considers relevant to the consideration
5 by the Minister of whether--
(i) to invite a possible invitee to
apply for the monitoring licence;
or
(ii) a pending applicant should be
10 granted a monitoring licence
under this Division.
(2) In this section--
pending applicant means a person the
Minister has invited to apply for the
15 monitoring licence but that has not
applied for the monitoring licence
under section 3.4.42;
possible invitee means a person the Minister
is considering to invite to apply for the
20 monitoring licence.".
28 New definitions inserted for purpose of new
Division 4 of Part 4 of Chapter 3
In section 3.4.38 of the Principal Act--
(a) in the definition of application, for "licence."
25 substitute "licence;";
(b) after the definition of application insert--
"monitoring services means the services and
other things that are authorised under
section 3.4.4(1);
30 monitoring services provider means a
person appointed under section
3.4.59LF or 3.4.59LG.".
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29 New heading to section 3.4.48 substituted
For the heading to section 3.4.48 of the Principal
Act substitute--
"Minister may refuse to issue monitoring
5 licence if related agreements not entered into".
30 New sections 3.4.48A to 3.4.48E inserted
After section 3.4.48 of the Principal Act insert--
"3.4.48A Related agreements with monitoring
licensee
10 (1) Subject to this section, the Minister, by
written notice, may direct the monitoring
licensee to enter into an agreement or class
of agreements dealing with matters relating
to the monitoring licence with--
15 (a) the Minister; or
(b) a person or class of person the Minister
specifies in the direction.
(2) Before giving a direction under subsection
(1), the Minister must consult with the
20 monitoring licensee.
(3) A direction under subsection (1)--
(a) must warn the monitoring licensee of
the Minister's powers under this
section; and
25 (b) must be accompanied by a copy of this
section; and
(c) may specify the terms or kinds of terms
to be contained in an agreement or class
of agreements to be entered into; and
30 (d) may specify the terms or kinds of terms
that must not be in an agreement or
class of agreements to be entered into;
and
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(e) may specify a date by which an
agreement or class of agreements is to
be entered into.
(4) The monitoring licensee must comply with a
5 direction under subsection (1).
(5) The monitoring licensee must give a copy of
any agreement entered into in compliance
with a direction under subsection (1) to the
Commission.
10 3.4.48B No compensation payable because of a
direction to enter into related agreements
No compensation is payable by the State
because of a direction under section 3.4.48A
or the entering into an agreement in
15 compliance with a direction under
section 3.4.48A.
3.4.48C Limitation of monitoring licensee's civil
liability
(1) The monitoring licensee does not incur any
20 liability for an act or omission in the
provision of monitoring services except as
provided under an agreement referred to in
section 3.4.48 or 3.4.48A.
(2) Subsection (1) does not apply to a liability
25 that would otherwise arise at law in the case
where--
(a) a person has won a prize after playing a
gaming machine; and
(b) that prize cannot be paid because of a
30 failure by the monitoring licensee to
provide monitoring services to enable
the payment of that prize; and
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(c) the person who won the prize or the
venue operator who conducts gaming
with the machine on which the prize
was won sustains a loss because that
5 prize cannot be paid.
3.4.48D Related agreements may provide for
damages determined by the Minister
An agreement referred to in section 3.4.48
or 3.4.48A must provide for the kinds of
10 damages determined by the Minister under
section 3.4.48E.
3.4.48E Minister may determine certain damages
that must be included in related
agreements
15 (1) The Minister, after consulting the Treasurer,
may determine the kinds of damages that
must be provided for under an agreement
referred to in section 3.4.48 or 3.4.48A.
(2) Without limiting subsection (1), the Minister
20 may determine--
(a) the maximum amount that may be
payable under the agreement in
damages for a breach of a specified
condition;
25 (b) the maximum amount that may be
payable under the agreement in
damages to a specified person for a
breach of a specified condition;
(c) the kinds of events or circumstances
30 that could form the basis of a condition
referred to in paragraph (a) or (b).".
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31 Engaging contractors and appointing agents to
assist with monitoring
In section 3.4.54(2) of the Principal Act, for "Act
or gaming regulations" substitute "Act, the
5 gaming regulations, the monitoring licence or any
related agreement referred to in section 3.4.44 or
3.4.48A".
32 Request by licensee for amendment of monitoring
licence
10 After section 3.4.59B(1) of the Principal Act
insert--
"(1A) The Minister may refuse to consider the
request for a licence amendment if, in his or
her opinion, the requested amendment is the
15 same, or is similar to, a requested
amendment that has already been made
under this section within the previous two
years and refused by the Minister under
section 3.4.59C.".
20 33 Amendment of monitoring licence
(1) After section 3.4.59C(1) of the Principal Act
insert--
"(1A) The Minister may, at any time, decide to
make an amendment to the monitoring
25 licence and must give written notice of the
decision to the monitoring licensee.
(1B) Before making an amendment to the
monitoring licence under subsection (1A),
the Minister must notify the monitoring
30 licensee of the Minister's intention to amend
the licence and give the licensee no less than
14 days to make written representations
about the intended action.".
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(2) For section 3.4.59C(2) of the Principal Act
substitute--
"(2) In deciding whether or not to make an
amendment, the Minister must take into
5 account whether, in his or her opinion--
(a) the amendment is in the public interest;
and
(b) the amendment is required for the
proper conduct of the licensed
10 activity.".
(3) In section 3.4.59C(7) of the Principal Act, for
"subsection (1)" substitute "subsection (1)
or (1A)".
34 Suspension of licence pending criminal proceedings
15 For section 3.4.59G(1) of the Principal Act
substitute--
"(1) The Minister may suspend the monitoring
licence by giving written notice to the
monitoring licensee if the Minister is
20 satisfied that--
(a) the licensee or an executive officer of
the licensee has been charged with--
(i) an offence against a gaming Act
or gaming regulations; or
25 (ii) an offence arising out of or in
connection with the management
or operation of a monitoring
business; or
(iii) an indictable offence or an offence
30 that, if committed in Victoria,
would be an indictable offence,
the nature and circumstances of
which, in the opinion of the
Minister, relate to the
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Amendments
management or operation of a
monitoring business; or
(b) the licensee is not, or is no longer, a
suitable person or body to conduct the
5 activities authorised by the licence; or
(c) the licensee becomes an externally
administered body corporate or
otherwise becomes insolvent; or
(d) the licence was obtained by a materially
10 false or misleading representation or in
some other improper way.".
35 Temporary monitoring licence
(1) In section 3.4.59I(1) of the Principal Act, after
"may" insert ", subject to subsection (1A),".
15 (2) After section 3.4.59I(1) of the Principal Act
insert--
"(1A) The Minister may, in accordance with
subsection (2A), issue a temporary
monitoring licence and appoint a temporary
20 monitoring licensee for a period of 90 days.".
(3) For section 3.4.59I(2) of the Principal Act
substitute--
"(2) The Minister may issue a temporary
monitoring licence under subsection (1) only
25 if satisfied that--
(a) the issue of the temporary licence is in
the public interest; and
(b) the proposed licensee and each
associate of the proposed licensee is a
30 suitable person to be concerned in, or
associated with, the management and
operation of a monitoring business.
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(2A) The Minister may issue a temporary
monitoring licence under subsection (1A)
only if satisfied that--
(a) the issue of the temporary licence is in
5 the public interest; and
(b) the proposed licensee is a suitable
person to be concerned in the
management and operation of a
monitoring business, taking into
10 account the period of time for which
the licence is issued.".
(4) In section 3.4.59I(3) of the Principal Act, for "A"
substitute "Subject to subsections (1A)
and (2A), a".
15 (5) In section 3.4.59I(4) of the Principal Act, after
"licence" insert "under subsection (1)".
(6) After section 3.4.59I(4) of the Principal Act
insert--
"(5) In considering whether to issue a temporary
20 licence under subsection (1A), the
Minister--
(a) may consult any person the Minister
considers appropriate; and
(b) is entitled to rely on any findings or
25 recommendations contained in the
report of the Commission under
section 3.4.59JA.".
36 Report to Minister by Commission for temporary
monitoring licence
30 (1) In the heading to section 3.4.59J of the Principal
Act, after "Commission" insert "for a temporary
monitoring licence".
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(2) In section 3.4.59J(1) of the Principal Act, after
"licence" (where first occurring) insert "under
section 3.4.59I(1)".
37 New section 3.4.59JA inserted
5 After section 3.4.59J of the Principal Act insert--
"3.4.59JA Report to Minister by Commission for a
temporary monitoring licence issued for
90 days
(1) If the Minister is considering issuing a
10 temporary monitoring licence under section
3.4.59I(1A), the Minister may request the
Commission to give a preliminary written
report to the Minister--
(a) stating whether or not, in the
15 Commission's opinion, the matters of
which the Minister must be satisfied to
issue the temporary licence have been
made out; and
(b) containing any other information
20 required by the Minister.
(2) The Commission must comply with a request
of the Minister under this section.
(3) The report may include any
recommendations the Commission thinks fit,
25 including recommendations as to any
appropriate licence conditions.
(4) The report must include the reasons for any
findings or recommendations contained in
it.".
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38 Further provisions for temporary licence
(1) In section 3.4.59L(1) of the Principal Act, for "A"
substitute "Subject to subsection (1A), a".
(2) After section 3.4.59L(1) of the Principal Act
5 insert--
"(1A) A temporary monitoring licence issued under
section 3.4.59I(1A) may be extended once
only for a period of 90 days.".
39 New sections 3.4.59LA to 3.4.59LG inserted
10 After section 3.4.59L of the Principal Act
insert--
"3.4.59LA Related agreements with temporary
licensee
(1) Subject to this section, the Minister, by
15 written notice, may direct the temporary
licensee to enter into an agreement or class
of agreements dealing with matters relating
to the temporary monitoring licence with--
(a) the Minister; or
20 (b) a person or class of person the Minister
specifies in the direction.
(2) Before giving a direction under subsection
(1), the Minister must consult with the
temporary licensee.
25 (3) A direction under subsection (1)--
(a) must warn the temporary licensee of the
Minister's powers under this section;
and
(b) must be accompanied by a copy of this
30 section; and
(c) may specify the terms or kinds of terms
to be contained in an agreement or class
of agreements to be entered into; and
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Amendments
(d) may specify the terms or kinds of terms
that must not be in an agreement or
class of agreements to be entered into;
and
5 (e) may specify a date by which an
agreement or class of agreements is to
be entered into.
(4) The temporary licensee must comply with a
direction under subsection (1).
10 (5) The temporary licensee must give a copy of
any agreement entered into in compliance
with a direction under subsection (1) to the
Commission.
3.4.59LB No compensation payable because of a
15 direction to enter into related agreements
No compensation is payable by the State
because of a direction under section
3.4.59LA or the entering into an agreement
in compliance with a direction under
20 section 3.4.59LA.
3.4.59LC Limitation of temporary licensee's civil
liability
(1) The temporary licensee does not incur any
liability for an act or omission in the
25 provision of monitoring services except as
provided under an agreement referred to in
section 3.4.59LA.
(2) Subsection (1) does not apply to a liability
that would otherwise arise at law in the case
30 where--
(a) a person has won a prize after playing a
gaming machine; and
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(b) that prize cannot be paid because of a
failure by the temporary licensee to
provide monitoring services to enable
the payment of that prize; and
5 (c) the person who won the prize or the
venue operator who conducts gaming
with the machine on which the prize
was won sustains a loss because that
prize cannot be paid.
10 3.4.59LD Related agreements may provide for
damages determined by the Minister
An agreement referred to in section
3.4.59LA must provide for the kinds of
damages determined by the Minister under
15 section 3.4.59LE.
3.4.59LE Minister may determine certain damages
that must be included in related
agreements
(1) The Minister, after consulting the Treasurer,
20 may determine the kinds of damages that
must be provided for under an agreement
referred to in section 3.4.59LA.
(2) Without limiting subsection (1), the Minister
may determine--
25 (a) the maximum amount of damages that
may be payable under the agreement
for a breach of a specified condition;
(b) the maximum amount of damages that
may be payable under the agreement to
30 a specified person for a breach of a
specified condition;
(c) the kinds of events or circumstances
that could form the basis of a condition
referred to in paragraph (a) or (b).
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3.4.59LF Appointment of a monitoring services
provider if monitoring licence not granted
(1) This section applies if the Minister does not
grant any application for the monitoring
5 licence.
(2) The Minister may, if the Minister is satisfied
that it is in the public interest to do so, direct,
by written notice, the Commission to appoint
a person (a monitoring services provider) to
10 provide monitoring services.
(3) On receiving a written notice under
subsection (2), the Commission must, by
instrument, appoint a person as a monitoring
services provider for the purposes of this
15 section.
(4) In appointing a monitoring services provider,
the Commission must have regard to the
suitability of the person to do what is
provided for under subsection (2).
20 (5) A monitoring services provider is
appointed--
(a) by the Commission as directed by
written notice by the Minister; and
(b) on such terms and conditions as the
25 Minister thinks fit.
(6) The terms and conditions under subsection
(5)(b)--
(a) may leave any matter or thing to be
from time to time determined, applied,
30 dispensed with or regulated by the
Commission; and
(b) may require the monitoring services
provider to enter into one or more
agreements with the Minister, or a
35 person nominated by the Minister,
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dealing with matters related to
provision of monitoring services (a
related agreement); and
(c) may determine--
5 (i) the maximum amount of damages
that may be payable under a
related agreement for a breach of a
specified condition;
(ii) the maximum amount of damages
10 that may be payable under a
related agreement to a specified
person for a breach of a specified
condition;
(iii) the kinds of events or
15 circumstances that could form the
basis of a condition referred to in
subparagraph (i) or (ii).
(7) The appointment of a monitoring services
provider--
20 (a) may be terminated at any time--
(i) by the Commission; or
(ii) by the Commission as directed by
written notice of the Minister; and
(b) is terminated on the later of--
25 (i) the day the monitoring licence is
issued; or
(ii) if the monitoring licence that is
issued takes effect at a time
specified in the monitoring licence
30 that is later than the time of issue,
that time.
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(8) A monitoring services provider--
(a) is taken to have, in connection with the
provision of the monitoring services, all
the functions and powers of the
5 monitoring licensee; and
(b) must provide monitoring services in
accordance with this Act, the
regulations and the provider's terms of
appointment under subsection (5).
10 (9) If the appointment of the monitoring services
provider is terminated the monitoring
services provider--
(a) ceases to be taken to be the holder of
the monitoring licence; and
15 (b) ceases to be taken to have the functions
and powers of the monitoring licensee.
3.4.59LG Appointment of a monitoring services
provider after monitoring licence
suspended, cancelled or surrendered
20 (1) This section applies if--
(a) the monitoring licence is suspended,
cancelled or surrendered; or
(b) the Minister considers that there has
been--
25 (i) a significant failure in the
operation or maintenance of the
electronic monitoring system used
to provide monitoring services; or
(ii) a significant failure to provide
30 monitoring services--
such that no effective monitoring
services are being provided.
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(2) The Minister may, if the Minister is satisfied
that it is in the public interest to do so, direct,
by written notice, the Commission to appoint
a person (other than the monitoring licensee)
5 (a monitoring services provider)--
(a) to provide monitoring services; and
(b) to manage the business of the
monitoring licensee to the extent that
the business relates to the provision of
10 monitoring services.
(3) On receiving a written notice under
subsection (2), the Commission must, by
instrument, appoint a person as a monitoring
services provider for the purposes of this
15 section.
(4) In appointing a monitoring services provider,
the Commission must have regard to the
suitability of the person to do what is
provided for under subsection (2)(a) and (b).
20 (5) A monitoring services provider is
appointed--
(a) by the Commission as directed by
written notice by the Minister; and
(b) on such terms and conditions as the
25 Minister thinks fit.
(6) The terms and conditions under subsection
(5)(b)--
(a) may leave any matter or thing to be
from time to time determined, applied,
30 dispensed with or regulated by the
Commission; and
(b) may require the monitoring services
provider to enter into one or more
agreements with the Minister, or a
35 person nominated by the Minister,
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dealing with matters related to
provision of monitoring services (a
related agreement); and
(c) may determine--
5 (i) the maximum amount of damages
that may be payable under a
related agreement for a breach of a
specified condition;
(ii) the maximum amount of damages
10 that may be payable under a
related agreement to a specified
person for a breach of a specified
condition;
(iii) the kinds of events or
15 circumstances that could form the
basis of a condition referred to in
subparagraph (i) or (ii).
(7) The appointment of a monitoring services
provider--
20 (a) may be terminated at any time--
(i) by the Commission; or
(ii) by the Commission as directed by
written notice of the Minister; and
(b) in the case where the monitoring
25 licence has been cancelled or
surrendered, is terminated on the later
of--
(i) the day the monitoring licence is
issued; or
30 (ii) if the monitoring licence that is
issued takes effect at a time
specified in the monitoring licence
that is later than the time of issue,
that time; and
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(c) in the case where the monitoring
licence has been suspended, is
terminated on the lifting of that
suspension.
5 (8) A monitoring services provider--
(a) is taken to be the holder of the
monitoring licence on the same terms
as those on which the monitoring
licensee held the licence before its
10 cancellation, suspension or surrender,
subject to such modifications as the
Minister determines; and
(b) is taken to have, in connection with the
provision of the monitoring services--
15 (i) all the functions and powers of the
monitoring licensee; and
(ii) all the rights and obligations of
the monitoring licensee under a
related agreement referred to in
20 sections 3.4.48 and 3.4.48A to
which the monitoring licensee is a
party; and
(c) must provide monitoring services in
accordance with this Act, the
25 regulations, the monitoring licence, any
related agreement referred to in
sections 3.4.48 and 3.4.48A to which
the monitoring licensee is a party and
the provider's terms of appointment
30 under subsection (5); and
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(d) assumes full control of and
responsibility for the business of the
monitoring licensee and may use, in the
provision of monitoring services, any
5 property, and services of staff and
contractors, of the monitoring licensee;
and
(e) may employ such staff and engage such
contractors as may be required to
10 provide monitoring services.
(9) If the appointment of the monitoring services
provider is terminated--
(a) the monitoring services provider ceases
to be taken to be the holder of the
15 monitoring licence; and
(b) ceases to be taken to have--
(i) the functions and powers of the
monitoring licensee; and
(ii) the rights and obligations of the
20 monitoring licensee under a
related agreement referred to in
sections 3.4.48 and 3.4.48A to
which the monitoring licensee is a
party; and
25 (c) ceases to be in control of and
responsible for the business of the
monitoring licensee.
(10) In this section, monitoring licensee includes
the person whose monitoring licence was
30 suspended or cancelled, or who surrendered
the monitoring licence, immediately before
the appointment of the monitoring services
provider.".
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40 New section 3.4.59Q inserted
After section 3.4.59P of the Principal Act insert--
"3.4.59Q No compensation payable for certain acts
and omissions relating to monitoring
5 (1) No compensation is payable by the State to
any person for any loss incurred by the
person as a result of an act or omission of, as
the case requires--
(a) the monitoring licensee in doing a thing
10 authorised by the monitoring licence
held by the licensee; or
(b) a temporary licensee in doing a thing
authorised under the temporary
monitoring licence held by the licensee;
15 or
(c) the State or a monitoring services
provider in doing a thing authorised
under section 3.4.59LF or 3.4.59LG.
(2) Except as provided under a related
20 agreement referred to in section 3.4.59LF(6)
or 3.4.59LG(6), no compensation is payable
by a monitoring service provider to any
person for any loss incurred by the person as
a result of an act or omission of, as the case
25 requires--
(a) the monitoring licensee in doing a thing
authorised by the monitoring licence
held by the licensee; or
(b) the State or the monitoring services
30 provider in doing a thing authorised
under the monitoring service provider's
terms and conditions of appointment.".
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41 New section 3.4.59R inserted
After section 3.4.59Q of the Principal Act
insert--
"3.4.59R Trade Practices Act and Competition
5 Code
(1) For the purposes of the Trade Practices Act
1974 of the Commonwealth and the
Competition Code, the following things are
authorised by this Act--
10 (a) the grant of a monitoring licence or a
temporary monitoring licence;
(b) conduct authorised or required by a
monitoring licence or temporary
monitoring licence or under the
15 conditions of either licence;
(c) entering into a related agreement
referred to in section 3.4.48, 3.4.48A
or 3.4.59LA;
(d) amending a related agreement referred
20 to in section 3.4.48, 3.4.48A
or 3.4.59LA;
(e) giving effect to a related agreement
referred to in section 3.4.48, 3.4.48A or
3.4.59LA (whether amended or not).
25 (2) In this section--
giving effect to, in relation to a related
agreement, includes--
(a) complying with any obligation
under the agreement; and
30 (b) exercising or enforcing any right
or power under the agreement.".
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42 Letter of censure
For section 3.4.66(2) of the Principal Act
substitute--
"(2) If a direction given in a letter of censure is
5 not complied with in the specified time, the
Commission may, by giving written notice to
the person listed on the Roll, do either or
both of the following without giving the
person a further opportunity to be heard--
10 (a) remove the person's name from the
Roll;
(b) fine the person an amount not
exceeding an amount that is 5000 times
the value of a penalty unit fixed by the
15 Treasurer under section 5(3) of the
Monetary Units Act 2004.".
43 Requirement to hold gaming machine entitlements
In section 3.4A.1(1) of the Principal Act--
(a) in paragraph (b), for "subject." substitute
20 "subject; and";
(b) after paragraph (b) insert--
"(c) no gaming in that venue is conducted
concurrently under that gaming
machine entitlement and a gaming
25 licence or a gaming operator's licence.".
44 Minister may create and allocate gaming machine
entitlements
(1) In section 3.4A.5(1)(b) of the Principal Act, for
"7 or 8" substitute "7, 8 or 8A or purchased under
30 Division 5A".
(2) In section 3.4A.5(3) of the Principal Act--
(a) for "notice" substitute "Order";
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(b) after "entitlements" insert "under which
gaming may be conducted in the State that".
(3) After section 3.4A.5(3) of the Principal Act
insert--
5 "(3A) The Minister may, by Order published in the
Government Gazette, in respect of a region
or municipal district--
(a) determine the maximum permissible
number of gaming machine
10 entitlements under which gaming may
be conducted in the region or municipal
district; or
(b) require the Commission, based on
criteria specified in the Order, to
15 determine the maximum permissible
number of gaming machine
entitlements under which gaming may
be conducted in the region or municipal
district.
20 (3B) An Order under subsection (3A) in relation
to a municipal limit may exclude part of the
municipal district from the Order.
(3C) If any part of a municipal district is subject
to a regional limit, an Order under subsection
25 (3A) in relation to a municipal limit applies
only to the part (if any) of the municipal
district that is not subject to the regional
limit.
(3D) An Order under subsection (3) or (3A) must
30 specify the date on which it takes effect.".
(4) The note at the foot of section 3.4A.5(6) of the
Principal Act is repealed.
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(5) In section 3.4A.5(7) of the Principal Act, for "with
a direction under section 3.2.3 or an order under
section 3.2.4" substitute "with an Order under
subsection (3A)".
5 45 New section 3.4A.5A inserted
After section 3.4A.5 of the Principal Act insert--
"3.4A.5A Review of regional and municipal limits
for gaming machine entitlements
(1) Subject to this section, the Commission must
10 review the Commission's determination
under section 3.4A.5(3A)--
(a) at any time determined by the
Commission; or
(b) if directed by the Minister to do so.
15 (2) A review of the Commission's determination
under subsection (1)(a) must be no later than
5 years after the publication of the
determination and thereafter at intervals not
exceeding 5 years.
20 (3) If, after a review of the Commission's
determination, a regional limit or municipal
limit is, in the opinion of the Commission,
no longer appropriate, the Commission must
determine, by instrument published in the
25 Government Gazette, within 30 days after
completing the review, a new regional limit
or municipal limit (as the case requires)--
(a) in accordance with any criteria
specified in an Order under section
30 3.4A.5(3A) (if relevant); and
(b) subject to compliance with any other
requirement under section 3.4A.5.".
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46 New heading to section 3.4A.6 substituted
For the heading to section 3.4A.6 of the Principal
Act substitute--
"Minister may refuse to allocate gaming
5 machine entitlement if related agreements not
entered into".
47 New section 3.4A.6A inserted
After section 3.4A.6 of the Principal Act insert--
"3.4A.6A Directions in relation to related
10 agreements with Minister
(1) Subject to this section, the Minister, by
written notice, may direct a venue operator
that holds a gaming machine entitlement to
enter into an agreement with the Minister
15 that deals with matters related to the gaming
machine entitlement.
(2) Before giving a direction under subsection
(1), the Minister must consult with the venue
operator.
20 (3) A direction under subsection (1)--
(a) must warn the venue operator of the
Minister's powers under this section;
and
(b) must be accompanied by a copy of this
25 section; and
(c) may specify the terms or kinds of terms
to be contained in an agreement to be
entered into; and
(d) may specify the terms or kinds of terms
30 that must not be in an agreement or
class of agreements to be entered into;
and
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(e) may specify a date by which an
agreement is to be entered into.
(4) A venue operator to which this section
applies must comply with a direction under
5 subsection (1).
(5) The venue operator must give a copy of any
agreement entered into in compliance with a
direction under subsection (1) to the
Commission.".
10 48 Duration of gaming machine entitlements
In section 3.4A.7(3) of the Principal Act, for
"A venue" substitute "If invited by the Minister
to do so, a venue".
49 New sections 3.4A.11A and 3.4A.11B inserted
15 After 3.4A.11 of the Principal Act insert--
"3.4A.11A Related agreements between venue
operators and monitoring licensee
(1) Subject to this section, the Minister may, by
written notice, direct a venue operator that
20 holds a gaming machine entitlement to enter
into an agreement with the monitoring
licensee dealing with matters relating to the
provision of monitoring services to the venue
operator by the monitoring licensee.
25 (2) Before giving a direction under subsection
(1), the Minister must consult with the venue
operator and the monitoring licensee.
(3) A direction under subsection (1)--
(a) must warn the venue operator of the
30 Minister's powers under this section;
and
(b) must be accompanied by a copy of this
section; and
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(c) may specify the terms or kinds of terms
to be contained in an agreement to be
entered into; and
(d) may specify the terms or kinds of terms
5 that must not be in an agreement or
class of agreements to be entered into;
and
(e) may specify a date by which an
agreement is to be entered into.
10 (4) A venue operator to which this section
applies must comply with a direction under
subsection (1).
(5) The venue operator must give a copy of any
agreement entered into in compliance with a
15 direction under subsection (1) to the
Commission.
3.4A.11B No compensation payable because of a
direction to enter into related agreements
No compensation is payable by the State
20 because of a direction under section
3.4A.11A or the entering into an agreement
in compliance with a direction under
section 3.4A.11A.".
50 New section 3.4A.17A inserted
25 After section 3.4A.17 of the Principal Act
insert--
"3.4A.17A Related agreements must be entered into
before gaming machine entitlement may
be transferred
30 Despite anything to the contrary in this
Division, a venue operator cannot transfer a
gaming machine entitlement to another
venue operator (the transferee) unless the
transferee has entered into an agreement
35 referred to in section 3.4A.6 or 3.4A.6A with
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the Minister, or a person nominated by the
Minister, that deals with matters related to
the gaming machine entitlement.".
51 New Division 5A of Part 4A of Chapter 3 inserted
5 After Division 5 of Part 4A of Chapter 3 of the
Principal Act insert--
"Division 5A--Purchase by the State of gaming
machine entitlements
3.4A.20A Application of Division
10 This Division applies on and after the first
gaming machine entitlement declared day
declared by the Minister under section
3.4A.1.
3.4A.20B Commission to determine excess gaming
15 machine entitlements
(1) Before making an Order under section
3.4A.20C, the Minister must direct the
Commission to determine whether the
number of gaming machine entitlements
20 under which gaming may be conducted in
the State, a region or a municipal district
exceeds the maximum permissible number of
gaming machine entitlements under which
gaming may be conducted in the State, the
25 region or the municipal district.
(2) On making a determination under subsection
(1) the Commission must give the
determination to the Minister.
Note
30 Section 3.4A.5(3) provides that the Minister must
specify the maximum number of gaming machine
entitlements under which gaming may be conducted
in the State. Section 3.4A.5(3A) provides that the
Minister, or the Commission, may determine the
35 maximum permissible number of gaming machine
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entitlements under which gaming may be conducted
in a region or municipal district.
3.4A.20C Ministerial Order for purchase of gaming
machine entitlements
5 If, on the taking effect of an Order under
section 3.4A.5(3) or (3A), the number of
gaming machine entitlements under which
gaming may be conducted in the State, a
region or a municipal district will exceed the
10 maximum permissible number of
entitlements under which gaming may be
conducted in the State, the region or the
municipal district, the Minister may by Order
published in the Government Gazette--
15 (a) determine that the State will offer to
purchase as many gaming machine
entitlements as are required to reduce
the number of gaming machine
entitlements under which gaming may
20 be conducted in the State, the region or
the municipal district; and
(b) determine the period or periods during
which a venue operator may accept an
offer to purchase gaming machine
25 entitlements held by that entitlement
holder; and
(c) determine the day on which an offer to
purchase gaming machine entitlements
expires.
30 3.4A.20D Determinations for purpose of Division
(1) The Minister may, from time to time for the
purpose of sections 3.4A.20E to 3.4A.20G--
(a) determine the gaming machine
reduction requirements; or
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(b) direct the Commission to determine,
based on criteria specified in the
direction, the gaming machine
reduction requirements.
5 (2) The gaming machine reduction requirements
are--
(a) the price or prices to be paid for the
gaming machine entitlements, or prices
to be paid for different classes of
10 entitlements to be purchased by the
State; and
(b) the date or dates by which an offer of
the State to purchase gaming machine
entitlements must be made; and
15 (c) the date on which an offer of the State
to purchase a gaming machine
entitlement expires; and
(d) any other terms and conditions that an
offer of the State to purchase gaming
20 machine entitlements must contain; and
(e) in the case of a determination of the
Commission--
(i) the venue operators to whom an
offer of the State to purchase
25 gaming machine entitlements will
be made under section 3.4A.20E;
or
(ii) the venue operators who will be
required to reduce the number of
30 gaming machine entitlements they
hold under section 3.4A.20F--
as the case requires.
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(3) The date or dates specified in an offer in
accordance with subsection (2)(b) and (c)
must not be a date after the date a relevant
Order under section 3.4A.5(3) or (3A) takes
5 effect.
(4) If the Minister determines the gaming
machine reduction requirements, the
Minister must--
(a) give that determination to the
10 Commission; and
(b) direct the Commission to give effect to
the determination.
(5) Within the time specified in a direction under
this section, or if no time is specified in the
15 direction, within 60 days after a direction
under this section is given to the
Commission, the Commission must give
effect to the relevant direction.
(6) If a direction referred to in subsection (1)(b)
20 does not specify all of the relevant
information or criteria by which the
Commission must make a determination, the
Commission may, in making a determination
as required under this section, determine
25 anything that is necessary to give effect to an
Order under section 3.4A.20C.
3.4A.20E Initial offers by State for purchase of
gaming machine entitlements
(1) The Commission must, by written notice,
30 serve on each venue operator that holds
gaming machine entitlements an offer of the
State to purchase the gaming machine
entitlements that contains the following--
(a) a copy of the applicable Order under
35 section 3.4A.5(3) or (3A) and
3.4A.20C;
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(b) the price or prices to be paid for gaming
machine entitlements held by that
operator;
(c) any other terms and conditions the offer
5 to purchase the gaming machine
entitlements must contain.
(2) An offer under subsection (1) must be
consistent with a determination of the
Minister or Commission under section
10 3.4A.20D, as the case may be.
3.4A.20F Further reduction of gaming machine
entitlements
(1) This section applies if--
(a) all offers under section 3.4A.20E have
15 expired; and
(b) the number of gaming machine
entitlements under which gaming may
be conducted in the State, or a region or
municipal district (as the case requires)
20 still exceeds the maximum permissible
number of entitlements under which
gaming may be conducted in the State,
the region or the municipal district as
determined by Order under section
25 3.4A.5(3) or (3A), as the case may be.
(2) The Commission must determine, in
accordance with a determination of the
Commission under section 3.4A.20D--
(a) which venue operators must reduce the
30 number of gaming machine
entitlements held by those operators;
and
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(b) the reduction in the number of gaming
machine entitlements held by each
venue operator that must be met by the
operator.
5 (3) The Commission must give to each venue
operator that it has determined under
subsection (2) must reduce the number of
gaming machine entitlements the operator
holds a written direction specifying--
10 (a) the required level of reduction in
gaming machine entitlements in the
State, the region or the municipal
district, as the case requires; and
(b) the required number of gaming
15 machine entitlements the operator must
no longer hold; and
(c) the methods by which the operator may
reduce the number of gaming machine
entitlements the operator holds; and
20 (d) the date by which that the operator
must reduce the number of gaming
machine entitlements the operator
holds.
(4) The date specified in a direction for the
25 purpose of subsection (3)(d) must not be a
date after the date a relevant Order under
section 3.4A.5(3) or (3A) takes effect.
(5) A venue operator given a direction under
subsection (3) must comply with the
30 direction.
(6) For the purpose of subsection (3)(c), the
methods by which a venue operator may
reduce the number of gaming machine
entitlements held by that operator are--
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(a) accepting an offer by the State under
section 3.4A.20G to purchase any
gaming machine entitlements; or
(b) if the direction of the Commission is as
5 a result of an Order under section
3.4A.5(3A) to reduce the number of
entitlements in a region or municipal
district--
(i) transferring the entitlements to
10 another venue operator so that
gaming may be conducted under
those entitlements outside the
region or municipal district to
which the Order applies; or
15 (ii) obtaining an amendment to the
geographic area condition from
the Commission so that gaming
may be conducted under those
entitlements outside the region or
20 municipal district to which the
Order applies.
3.4A.20G Further offers by State for purchase of
gaming machine entitlements
(1) The Commission must, by written notice,
25 serve on each venue operator that has been
given a direction under section 3.4A.20F an
offer of the State to purchase the gaming
machine entitlements that contains the
following--
30 (a) a copy of the applicable Order under
section 3.4A.5(3) or (3A) and
section 3.4A.20C;
(b) the price or prices to be paid for gaming
machine entitlements held by that
35 operator;
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(c) any other terms and conditions that
offer to purchase the gaming machine
entitlements must contain.
(2) An offer under subsection (1) must be
5 consistent with a determination of the
Minister or Commission under section
3.4A.20D, as the case may be.
3.4A.20H Extinguishment of gaming machine
entitlements purchased for purpose of
10 State limit reduction
(1) This section applies if the State purchases a
gaming machine entitlement under this
Division following an Order under section
3.4A.20C determining that the State will
15 offer to purchase gaming machine
entitlements in order to reduce the maximum
number of entitlements under which gaming
may be conducted in the State.
(2) On the day the gaming machine entitlement
20 is purchased, the entitlement--
(a) is extinguished; and
(b) any interest, right or privilege in or to
which that entitlement is subject (other
than an interest, right or privilege held
25 by, or granted in favour of, the State) is,
by force of this section, extinguished.
3.4A.20I Extinguishment on reduction of State
limit
(1) This section applies if a venue operator--
30 (a) holds gaming machine entitlements to
which an Order under section 3.4A.5(3)
relates; and
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(b) does not reduce the number of gaming
machine entitlements the operator holds
in accordance with a direction under
section 3.4A.20F.
5 (2) On the day the Order takes effect--
(a) all of the gaming machine entitlements
to which the direction under section
3.4A.20F relates and which are held by
the operator contrary to the direction
10 are extinguished; and
(b) any interest, right or privilege in or to
which those entitlements are subject
(other than an interest, right or privilege
held by, or granted in favour of, the
15 State) is, by force of this section,
extinguished.
3.4A.20J No compensation payable
No compensation is payable by the State in
respect of anything given or anything done
20 under or arising out of anything under this
Division.".
52 New Division 8A of Part 4A of Chapter 3 inserted
After Division 8 of Part 4A of Chapter 3 insert--
"Division 8A--Forfeiture of gaming machine
25 entitlements following offers to purchase those
entitlements
3.4A.27A Forfeiture to State--after reduction of
regional or municipal district limit
(1) This section applies if--
30 (a) an Order has been made under section
3.4A.20C to reduce the number of
gaming machine entitlements in a
region or municipal district; and
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(b) a venue operator holds gaming machine
entitlements to which that Order
relates; and
(c) that venue operator does not reduce the
5 number of gaming machine
entitlements the operator holds in
accordance with a direction under
section 3.4A.20F.
(2) On the day after the day determined in the
10 Order as the day on which the offer to
purchase gaming machine entitlements
expires, all of the gaming machine
entitlements to which the direction under
section 3.4A.20F relates and which are held
15 by the operator contrary to the direction are
forfeited to the State.".
53 Extinguishment of interests and rights in gaming
machine entitlements
In section 3.4A.28(1) of the Principal Act, for
20 "7 or 8" substitute "7, 8 or 8A".
54 Forfeited gaming machine entitlements
In section 3.4A.30 of the Principal Act, for
"7 or 8" substitute "7, 8 or 8A".
55 New Division 11 of Part 4A of Chapter 3 inserted
25 After Division 10 of Part 4A of Chapter 3 of the
Principal Act insert--
"Division 11--General
3.4A.34 Trade Practices Act and Competition
Code authorisation
30 (1) For the purposes of the Trade Practices Act
1974 of the Commonwealth and the
Competition Code, the following things are
authorised by this Act--
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(a) entering into a related agreement
referred to in section 3.4A.6, 3.4A.6A,
3.4A.11A or 3.4A.17A;
(b) amending a related agreement referred
5 to in section 3.4A.6, 3.4A.6A,
3.4A.11A or 3.4A.17A;
(c) giving effect to a related agreement
referred to in section 3.4A.6, 3.4A.6A,
3.4A.11A or 3.4A.17A (whether
10 amended or not).
(2) In this section--
giving effect to, in relation to a related
agreement, includes--
(a) complying with any obligation
15 under the agreement; and
(b) exercising or enforcing any right
or power under the agreement.".
56 Approval of gaming machine types and games
After section 3.5.4(4) of the Principal Act
20 insert--
"(5) On and after the first gaming machine
entitlement declared day declared by the
Minister under section 3.4A.1, only a person
listed on the Roll who manufactures
25 approved gaming machines or restricted
components may submit a gaming machine
type or game under subsection (1).".
57 Withdrawal of approval
In section 3.5.6(2)(b) of the Principal Act omit
30 ", entitlement holders".
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Amendments
58 Approval of electronic monitoring systems
After section 3.5.13(3) of the Principal Act
insert--
"(3A) In deciding whether to make an approval
5 under subsection (3), the Commission must
have regard to any relevant standards made
under section 10.1.5A.".
59 Banning large denomination note acceptors and
autoplay facilities
10 Section 3.5.29(3) of the Principal Act is repealed.
60 Spin rates
Section 3.5.30(2) of the Principal Act is repealed.
61 Taxation in relation to gaming in approved venues
with pub licences
15 (1) In section 3.6.6A(2) of the Principal Act, for the
variable "E" of the formula set out in that
subsection substitute--
"E is the total number of gaming machine
entitlements held by the venue operator
20 under which gaming is or may be conducted
in the approved venue each day in a calendar
month divided by the number of days in that
month.".
(2) In section 3.6.6A(6) of the Principal Act, for
25 "down of that number to the nearest whole
number" substitute "up of that number to the next
2 decimal points".
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Amendments
(3) After section 3.6.6A(7) of the Principal Act
insert--
"(8) In this section--
revenue means the total amount earned from
5 bets made on a gaming machine
operated under a gaming machine
entitlement less--
(a) the sum of all prizes paid from
that amount (other than prizes
10 from a jackpot special prize pool);
and
(b) the sum of the amounts
determined as prescribed for
payment in respect of that total
15 amount bet to a jackpot special
prize pool.".
62 Taxation in relation to gaming in approved venues
with club licences or racing club licences
(1) In section 3.6.6B(1) of the Principal Act, after
20 "licence" insert "or racing club licence".
(2) In section 3.6.6B(2) of the Principal Act, for
"entitlement holder" substitute "venue operator".
(3) In section 3.6.6B(2) of the Principal Act, for the
variable "E" of the formula set out in that
25 subsection substitute--
"E is the total number of gaming machine
entitlements held by the venue operator
under which gaming is or may be conducted
in the approved venue each day in a calendar
30 month divided by the number of days in that
month.".
(4) In section 3.6.6B(6) of the Principal Act, for
"down of that number to the nearest whole
number" substitute "up of that number to the next
35 2 decimal points".
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Amendments
(5) After section 3.6.6B(7) of the Principal Act
insert--
"(8) In this section--
revenue means the total amount earned from
5 bets made on a gaming machine
operated under a gaming machine
entitlement less--
(a) the sum of all prizes paid from
that amount (other than prizes
10 from a jackpot special prize pool);
and
(b) the sum of the amounts
determined as prescribed for
payment in respect of that total
15 amount bet to a jackpot special
prize pool.".
63 New Division 3 of Part 7 of Chapter 3 inserted
After Division 2 of Part 7 of Chapter 3 of the
Principal Act insert--
20 "Division 3--Other requirements
3.7.6A Directions to gaming operator to provide
information etc.
(1) The Minister may give a written direction to
a gaming operator requiring the operator to
25 provide to the Minister any information or
document, or any class of information or
document, that--
(a) is in the possession or under the control
of the operator; and
30 (b) in the opinion of the Minister relates to
the kind of things that the monitoring
licensee will be authorised to do under
the monitoring licence and is
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Amendments
considered by the Minister to be
relevant to--
(i) an invitation or proposed
invitation to apply for the
5 monitoring licence; or
(ii) an invitation or proposed
invitation to apply for the
monitoring licence under section
3.4.40.
10 (2) A gaming operator must comply with a
direction under subsection (1).
(3) The Minister may, subject to any conditions
that the Minister thinks fit, disclose any
information acquired by the Minister in
15 response to a direction under subsection (1)
to--
(a) the Commission; and
(b) a possible invitee (within the meaning
of section 3.4.41(2)); and
20 (c) persons who apply for the monitoring
licence in accordance with
section 3.4.42.
3.7.6B Directions to monitoring licensee to
provide information etc.
25 (1) The Minister may give a written direction to
the monitoring licensee requiring the
monitoring licensee to provide to the
Minister any information or document, or
any class of information or document, that--
30 (a) is in the possession or under the control
of the monitoring licensee; and
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Amendments
(b) in the opinion of the Minister relates to
the kind of things that a monitoring
licensee will be authorised to do under
the monitoring licence and is
5 considered by the Minister to be
relevant to--
(i) an invitation or proposed
invitation to apply for the
monitoring licence; or
10 (ii) an invitation or proposed
invitation to apply for the
monitoring licence under
section 3.4.40.
(2) The monitoring licensee must comply with a
15 direction under subsection (1).
(3) The Minister may, subject to any conditions
that the Minister thinks fit, disclose any
information acquired by the Minister in
response to a direction under subsection (1)
20 to--
(a) the Commission; and
(b) a possible invitee (within the meaning
of section 3.4.41(2)); and
(c) persons who apply for the monitoring
25 licence in accordance with
section 3.4.42.
3.7.6C No compensation payable
No compensation is payable by the State in
respect of anything done under section
30 3.7.6A or 3.7.6B or in compliance with a
direction under either of those sections.
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3.7.6D Directions to monitoring licensee
(1) The Commission may give a written
direction to the monitoring licensee relating
to the conduct, supervision and control of
5 monitoring services provided by the licensee
and the monitoring licensee must comply
with the direction as soon as it takes effect.
(2) The direction takes effect when it is given to
the licensee or at the later time specified in
10 the direction.
(3) The power conferred by this section includes
a power to give a direction to a licensee to
adopt, vary, cease or refrain from any
practice in respect of the conduct of the
15 monitoring.
(4) A direction under this section must not be
inconsistent with--
(a) this Act, the regulations, the monitoring
licence or related agreements referred
20 to in section 3.4.48 or 3.4.48A; or
(b) a direction of the Minister under section
3.7.6A or 3.7.6B.".
__________________
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PART 3--WAGERING AND BETTING-RELATED
AMENDMENTS
64 Approval of totalisator equipment
For section 4.2.3(3) of the Principal Act
5 substitute--
"(3) In approving an instrument, a contrivance,
hardware, software or equipment under this
section, the Commission--
(a) must have regard to any relevant
10 standards made under section 10.1.5A;
and
(b) may have regard to the certificate of a
person listed on the Roll, being a
person referred to in section
15 3.4.61(1)(c).".
65 Betting exchange rules
After section 4.2.4A(3) of the Principal Act
insert--
"(3A) Despite anything to the contrary in this
20 section, a betting exchange rule that specifies
a maximum amount that may be deducted as
commission referred to in subsection (3)
does not have effect unless, before the rule is
made, the Treasurer has given his or her
25 consent in writing to the maximum amount
so specified.".
66 Disallowance of betting exchange rules
After section 4.2.6(5) of the Principal Act
insert--
30 "(6) Despite anything to the contrary in this
section, the Commission has no power to
disallow a betting exchange rule that
specifies the maximum amount that may be
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deducted as a betting exchange
commission.".
67 New Division 8 inserted in Part 3 of Chapter 4
After Division 7 of Part 3 of Chapter 4 of the
5 Principal Act insert--
"Division 8--Further obligation to provide
information
4.3.34 Directions to wagering licensee to provide
information
10 (1) The Minister may give a written direction to
the wagering licensee requiring the licensee
to provide to the Minister any information or
document, or any class of information or
document, that--
15 (a) is in the possession or under the control
of the licensee; and
(b) in the opinion of the Minister is
relevant to--
(i) the arrangements between the
20 licensee and VicRacing or Racing
Products referred to in section
4.3.8(2)(b); or
(ii) a call or proposed call for
registrations of interest in the
25 grant of a wagering and betting
licence; or
(iii) an invitation or proposed
invitation to apply for a wagering
and betting licence; or
30 (iv) an application or proposed
application for a wagering and
betting licence.
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(2) The wagering licensee must comply with a
direction under subsection (1).
(3) The Minister may, subject to any conditions
that the Minister thinks fit, disclose any
5 information acquired by the Minister in
response to a direction under subsection (1)
to the Commission and to either or both of
the following--
(a) persons who register an interest in the
10 grant of a wagering and betting licence
under Part 3A of this Chapter;
(b) persons who apply for a wagering and
betting licence under Part 3A of this
Chapter.
15 (4) No compensation is payable by the State in
respect of anything done under this section
or in compliance with a direction under this
section.".
68 New heading to section 4.3A.10 substituted
20 For the heading to section 4.3A.10 of the Principal
Act substitute--
"Minister may refuse to issue wagering and
betting licence if related agreements not
entered into".
25 69 New sections 4.3A.10AA and 4.3A.10AB inserted
After section 4.3A.10 of the Principal Act
insert--
"4.3A.10AA Related agreements with wagering and
betting licensee
30 (1) Subject to this section, the Minister, by
written notice, may direct the wagering and
betting licensee to enter into an agreement or
class of agreements dealing with matters
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relating to the wagering and betting licence
with--
(a) the Minister; or
(b) a person or class of person the Minister
5 specifies in the direction.
(2) Before giving a direction under subsection
(1), the Minister must consult with the
wagering and betting licensee.
(3) A direction under subsection (1)--
10 (a) must warn the wagering and betting
licensee of the Minister's powers under
this section; and
(b) must be accompanied by a copy of this
section; and
15 (c) may specify the terms or kinds of terms
to be contained in an agreement or class
of agreements to be entered into; and
(d) may specify the terms or kinds of terms
that must not be in an agreement or
20 class of agreements to be entered into;
and
(e) may specify a date by which an
agreement or class of agreements is to
be entered into.
25 (4) The wagering and betting licensee must
comply with a direction under subsection (1).
(5) The wagering and betting licensee must give
a copy of any agreement entered into in
compliance with a direction under subsection
30 (1) to the Commission.
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4.3A.10AB No compensation payable because of a
direction to enter into related agreements
No compensation is payable by the State
because of a direction under section
5 4.3A.10AA or the entering into an agreement
in compliance with a direction under section
4.3A.10AA.".
70 New sections 4.3A.13A and 4.3A.13B inserted
After section 4.3A.13 of the Principal Act
10 insert--
"4.3A.13A Penalty interest for late payment
A wagering and betting licensee must pay to
the Commission, for payment into the
Consolidated Fund, interest on a premium
15 payment under section 4.3A.13 that is
outstanding as at the end of the period
allowed for payment, at the rate fixed for the
time being under section 2 of the Penalty
Interest Rates Act 1983.
20 4.3A.13B Recovery of amounts
A premium payment under section 4.3A.13
or any interest payable under
section 4.3A.13A may be recovered in a
court of competent jurisdiction as a debt due
25 to the State.".
71 Engaging contractors and appointing agents to
assist with wagering and betting
In section 4.3A.15(2) of the Principal Act, for
"Act or gaming regulations" substitute "Act, the
30 gaming regulations, the wagering and betting
licence or any related agreement".
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72 Request by licensee for amendment of wagering and
betting licence
After section 4.3A.22(1) of the Principal Act
insert--
5 "(1A) The Minister may refuse to consider the
request for a licence amendment if, in his or
her opinion, the requested amendment is the
same, or is similar to, a requested
amendment that has already been made
10 under this section within the previous two
years and refused by the Minister under
section 4.3A.23.".
73 Amendment of wagering and betting licence
(1) After section 4.3A.23(1) of the Principal Act
15 insert--
"(1A) The Minister may, at any time, decide to
make an amendment to the wagering and
betting licence and give written notice of the
decision to the wagering and betting
20 licensee.
(1B) Before making an amendment to the
wagering and betting licence under
subsection (1A), the Minister must notify the
wagering and betting licensee of the
25 Minister's intention to amend the licence and
give the licensee no less than 14 days to
make written representations about the
intended action.".
(2) For section 4.3A.23(2) of the Principal Act
30 substitute--
"(2) In deciding whether or not to make an
amendment, the Minister must take into
account whether, in his or her opinion--
(a) the amendment is in the public interest;
35 and
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(b) the amendment is required for the
proper conduct of the licensed
activity.".
(3) In section 4.3A.23(7) of the Principal Act, for
5 "subsection (1)" substitute "subsection (1)
or (1A)".
74 Temporary wagering and betting licence
(1) In section 4.3A.31(1) of the Principal Act, after
"may" insert ", subject to subsection (1A),".
10 (2) After section 4.3A.31(1) of the Principal Act
insert--
"(1A) The Minister may, in accordance with
subsection (2A), issue a temporary wagering
and betting licence and appoint a temporary
15 wagering and betting licensee for a period of
90 days.".
(3) In section 4.3A.31(2) of the Principal Act, after
"licence" (where first occurring) insert "under
subsection (1)".
20 (4) For section 4.3A.31(2)(a) to (c) of the Principal
Act substitute--
"(a) the issue of the temporary licence is in the
public interest; and
(b) the proposed licensee and each associate of
25 the proposed licensee is a suitable person to
be concerned in, or associated with, the
management and operation of a wagering
and betting business; and".
(5) After section 4.3A.31(2) of the Principal Act
30 insert--
"(2A) The Minister may issue a temporary
wagering and betting licence under
subsection (1A) only if satisfied that--
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(a) the issue of the temporary licence is in
the public interest; and
(b) the proposed licensee is a suitable
person to be concerned in the
5 management and operation of a
wagering and betting business, taking
into account the period of time for
which the licence is issued.".
(5) In section 4.3A.31(3) of the Principal Act, for "A"
10 substitute "Subject to subsections (1A)
and (2A), a".
(6) In section 4.3A.31(4) of the Principal Act, after
"licence" insert "under subsection (1)".
(7) After section 4.3A.31(4) of the Principal Act
15 insert--
"(4A) In considering whether to issue a temporary
licence under subsection (1A), the
Minister--
(a) may consult any person the Minister
20 considers appropriate; and
(b) is entitled to rely on any findings or
recommendations contained in the
report of the Commission under
section 4.3A.32A.".
25 75 Report to Minister by Commission for temporary
wagering and betting licence
(1) In the heading to section 4.3A.32 of the Principal
Act, after "Commission" insert "for a temporary
wagering and betting licence".
30 (2) In section 4.3A.32(1) of the Principal Act, after
"licence" (where first occurring) insert "under
section 4.3A.31(1)".
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76 New section 4.3A.32A inserted
After section 4.3A.32 of the Principal Act
insert--
"4.3A.32A Report to Minister by Commission for a
5 temporary wagering and betting licence
issued for 90 days
(1) If the Minister is considering issuing a
temporary wagering and betting licence
under section 4.3A.31(1A), the Minister may
10 request the Commission to give a
preliminary written report to the Minister--
(a) stating whether or not, in the
Commission's opinion, the matters of
which the Minister must be satisfied to
15 issue the temporary licence have been
made out; and
(b) containing any other information
required by the Minister.
(2) The Commission must comply with a request
20 of the Minister under this section.
(3) The report may include any
recommendations the Commission thinks fit,
including recommendations as to any
appropriate licence conditions.
25 (4) The report must include the reasons for any
findings or recommendations contained in
it.".
77 Further provisions for temporary wagering and
betting licence
30 (1) In section 4.3A.34(1) of the Principal Act, for "A"
substitute "Subject to subsection (1A), a".
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(2) After section 4.3A.34(1) of the Principal Act
insert--
"(1A) A temporary wagering and betting licence
issued under section 4.3A.31(1A) may be
5 extended once only for a period of 90 days.".
78 New sections 4.3A.34AA and 4.3A.34AB inserted
After section 4.3A.34 of the Principal Act
insert--
"4.3A.34AA Related agreements with temporary
10 wagering and betting licensee
(1) Subject to this section, the Minister, by
written notice, may direct the temporary
wagering and betting licensee to enter into an
agreement or class of agreements dealing
15 with matters relating to the temporary
wagering and betting licence with--
(a) the Minister; or
(b) a person or class of person the Minister
specifies in the direction.
20 (2) Before giving a direction under subsection
(1), the Minister must consult with the
temporary wagering and betting licensee.
(3) A direction under subsection (1)--
(a) must warn the temporary wagering and
25 betting licensee of the Minister's
powers under this section; and
(b) must be accompanied by a copy of this
section; and
(c) may specify the terms or kinds of terms
30 to be contained in an agreement or class
of agreements to be entered into; and
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(d) may specify the terms or kinds of terms
that must not be in an agreement or
class of agreements to be entered into;
and
5 (e) may specify a date by which an
agreement or class of agreements is to
be entered into.
(4) The temporary wagering and betting licensee
must comply with a direction under
10 subsection (1).
(5) The temporary wagering and betting licensee
must give a copy of any agreement entered
into in compliance with a direction under
subsection (1) to the Commission.
15 4.3A.34AB No compensation payable because of a
direction to enter into related agreements
No compensation is payable by the State
because of a direction under section
4.3A.34AA or the entering into an agreement
20 in compliance with a direction under section
4.3A.34AA.".
79 Approval of telecommunication devices by
Commission
After section 4.3A.34B(1) of the Principal Act
25 insert--
"(1A) In approving a telecommunication device
under subsection (1), the Commission must
have regard to any relevant standards made
under section 10.1.5A.".
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80 New sections 4.3A.39A and 4.3A.39B inserted
After section 4.3A.39 of the Principal Act
insert--
"4.3A.39A Directions to provide information
5 (1) The Minister may give a written direction to
the wagering and betting licensee, requiring
the licensee to provide to the Minister any
information or document, or any class of
information or document, that--
10 (a) is in the possession or under the control
of the licensee; and
(b) in the opinion of the Minister relates to
the following activities conducted
under the wagering and betting
15 licence--
(i) wagering;
(ii) approved betting competitions;
(iii) simulated racing games;
(iv) the operation of a betting
20 exchange.
(2) A wagering and betting licensee must
comply with a direction under subsection (1),
(3) The Minister may, subject to any conditions
the Minister thinks fit, disclose any
25 information acquired by the Minister in
response to a direction under subsection (1)
to the Commission and to either or both of
the following--
(a) persons who register an interest in the
30 grant of a wagering and betting licence
under this Part;
(b) persons who apply for a wagering and
betting licence under this Part.
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(4) No compensation is payable by the State in
respect of anything done under this section
or in compliance with a direction under this
section.
5 4.3A.39B Directions to licensees
(1) The Commission may give a written
direction to the wagering and betting
licensee relating to the conduct of activities
authorised under the wagering and betting
10 licence and the licensee must comply with
the direction as soon as it takes effect.
(2) The direction takes effect when it is given to
the licensee or at the later time specified in
it.
15 (3) The power conferred by this section includes
a power to give a direction to a licensee to
adopt, vary, cease or refrain from any
practice in respect of the conduct of the
licence.
20 (4) A direction under this section must not be
inconsistent with this Act, the regulations or
the licence conditions.".
81 New section 4.6.3A inserted
After section 4.6.3 of the Principal Act insert--
25 "4.6.3A Wagering tax review
The Treasurer must cause a review to be
made of the tax rate set out in section
4.6.3(1A) and must cause a copy of the
report to be laid before each House of
30 Parliament on or before 31 December
2012.".
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82 New Part 9 of Chapter 4 inserted
After Part 8 of Chapter 4 of the Principal Act
insert--
"PART 9--OTHER MATTERS
5 4.9.1 Trade Practices Act and Competition
Code
(1) For the purposes of the Trade Practices Act
1974 of the Commonwealth and the
Competition Code, the following things are
10 authorised by this Act--
(a) the grant of the wagering and betting
licence or a temporary wagering and
betting licence;
(b) conduct authorised or required by or
15 under the conditions of a wagering
licence, wagering and betting licence or
a temporary wagering and betting
licence;
(c) entering into an arrangement referred to
20 in section 4.3.8(2), 4.3A.7, 4.3A.10,
4.3A.10AA or 4.3A.34AA;
(d) amending an arrangement referred to in
section 4.3.8(2), 4.3A.7, 4.3A.10,
4.3A.10AA or 4.3A.34AA;
25 (e) giving effect to an arrangement referred
to in section 4.3.8(2), 4.3A.7, 4.3A.10,
4.3A.10AA or 4.3A.34AA (whether
amended or not).
(2) In this section--
30 arrangement includes agreement and
understanding;
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giving effect to, in relation to an
arrangement, includes--
(a) complying with any obligation
under the arrangement, and
5 (b) exercising or enforcing any right
or power under the arrangement.
__________________".
__________________
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Gambling Regulation Further Amendment Bill 2009
Part 4--Lotteries-Related Amendments
s. 83
PART 4--LOTTERIES-RELATED AMENDMENTS
83 Approval of computer equipment
For section 5.2.1A(3) of the Principal Act
substitute--
5 "(3) In approving an instrument, contrivance,
hardware, software or other equipment under
this section, the Commission--
(a) must have regard to any relevant
standards made under section 10.1.5A;
10 and
(b) may have regard to the certificate of a
person listed on the Roll, being a
person referred to in section
3.4.61(1)(c).".
15 84 Request by licensee for amendment of public lottery
licence
After section 5.3.16(1) of the Principal Act
insert--
"(1A) The Minister may refuse to consider the
20 request for a licence amendment if, in his or
her opinion, the requested amendment is the
same, or is similar to, a requested
amendment that has already been made
under this section within the previous two
25 years and refused by the Minister under
section 5.3.19.".
85 Amendment of public lottery licence
(1) After section 5.3.19(1) of the Principal Act
insert--
30 "(1A) The Minister may, at any time, decide to
make an amendment to the public lottery
licence and give written notice of the
decision to the public lottery licensee.
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Part 4--Lotteries-Related Amendments
s. 86
(1B) Before making an amendment to the public
lottery licence under subsection (1A), the
Minister must notify the public lottery
licensee of the Minister's intention to amend
5 the licence and give the licensee no less than
14 days to make written representations
about the intended action.".
(2) For section 5.3.19(2) of the Principal Act
substitute--
10 "(2) In deciding whether or not to make an
amendment, the Minister must take into
account whether, in his or her opinion--
(a) the amendment is in the public interest;
and
15 (b) the amendment is required for the
proper conduct of the licensed
activity.".
(3) In section 5.3.19(5) of the Principal Act, for
"subsection (1)" substitute "subsection (1)
20 or (1A)".
86 Temporary public lottery licences
(1) In section 5.3.27(1) of the Principal Act, after
"may" insert ", subject to subsection (1A),".
(2) After section 5.3.27(1) of the Principal Act
25 insert--
"(1A) The Minister may, in accordance with
subsection (2A), issue a temporary public
lottery licence and appoint a temporary
public lottery licensee for a period of
30 90 days.".
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Part 4--Lotteries-Related Amendments
s. 86
(3) For section 5.3.27(2) of the Principal Act
substitute--
"(2) The Minister may issue a temporary public
lottery licence under subsection (1) only if
5 satisfied that--
(a) the issue of the temporary licence is in
the public interest; and
(b) the proposed licensee and each
associate of the proposed licensee is a
10 suitable person to be concerned in, or
associated with, the management and
operation of a public lottery business.
(2A) The Minister may issue a temporary public
lottery licence under subsection (1A) only if
15 satisfied that--
(a) the issue of the temporary licence is in
the public interest; and
(b) the proposed licensee is a suitable
person to be concerned in the
20 management and operation of a public
lottery business, taking into account the
period of time for which the licence is
issued.".
(4) In section 5.3.27(3) of the Principal Act, for "A"
25 substitute "Subject to subsections (1A)
and (2A), a".
(5) After section 5.3.27(3) of the Principal Act
insert--
"(3A) In determining whether to issue a temporary
30 public lottery licence under subsection (1),
the Minister--
(a) may consult any person the Minister
considers appropriate; and
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Part 4--Lotteries-Related Amendments
s. 87
(b) is entitled to rely on any findings or
recommendations contained in the
report of the Commission under
section 5.3.28.
5 (3B) In considering whether to issue a temporary
public lottery licence under subsection (1A),
the Minister--
(a) may consult any person the Minister
considers appropriate; and
10 (b) is entitled to rely on any findings or
recommendations contained in the
report of the Commission under
section 5.3.28A.".
(6) In section 5.3.27(4) of the Principal Act, for "A"
15 substitute "Subject to subsection (4A), a".
(7) After section 5.3.27(4) of the Principal Act
insert--
"(4A) A temporary public lottery licence issued
under subsection (1A) may be extended once
20 only for a period of 90 days.".
87 Report to Minister by Commission for temporary
public licence
(1) In the heading to section 5.3.28 of the Principal
Act, after "Commission" insert "for a temporary
25 public lottery licence".
(2) In section 5.3.28(1) of the Principal Act, for
"5.3.27" substitute "5.3.27(1)".
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Part 4--Lotteries-Related Amendments
s. 88
88 New section 5.3.28A inserted
After section 5.3.28 of the Principal Act insert--
"5.3.28A Report to Minister by Commission for a
temporary public lottery licence issued for
5 90 days
(1) If the Minister is considering issuing a
temporary public lottery licence under
section 5.3.27(1A), the Minister may request
the Commission to give a preliminary
10 written report to the Minister--
(a) stating whether or not, in the
Commission's opinion, the matters of
which the Minister must be satisfied to
issue the temporary licence have been
15 made out; and
(b) containing any other information
required by the Minister.
(2) The Commission must comply with a request
of the Minister under this section.
20 (3) The report may include any
recommendations the Commission thinks fit,
including recommendations as to any
appropriate licence conditions.
(4) The report must include the reasons for any
25 findings or recommendations contained in
it.".
__________________
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Gambling Regulation Further Amendment Bill 2009
Part 5--Club Keno-Related Amendments
s. 89
PART 5--CLUB KENO-RELATED AMENDMENTS
89 New Division 3 of Part 3 of Chapter 6 inserted
After Division 2 of Part 3 of Chapter 6 of the
Principal Act insert--
5 "Division 3--Unclaimed prizes
6.3.4 Unclaimed prizes
(1) On or before the last day of each month (the
payment month), the participants must pay
to the Treasurer an amount equal to the sum
10 of all prizes won that have remained
unclaimed for not less than 6 months on the
first day of that payment month less the
expenses of the participants reasonably
incurred in searching for the persons entitled
15 to those prizes.
(2) For the purposes of subsection (1), a prize
that has been won in a club keno game,
where the record of entry relates to more
than one club keno game conducted during a
20 period, is deemed to have been won on the
date when winners of prizes in the last club
keno game recorded on the record of entry
are determined.
(3) If a claimant makes a demand against the
25 Treasurer for money paid to the Treasurer
under subsection (1), the Treasurer, on being
satisfied that the claimant is the owner of the
money demanded, must direct that it be paid
to the claimant out of money available for
30 the purpose.".
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Gambling Regulation Further Amendment Bill 2009
Part 5--Club Keno-Related Amendments
s. 90
90 New Part 6 of Chapter 6 inserted
After Part 5 of Chapter 6 of the Principal Act
insert--
"PART 6--GENERAL
5 6.6.1 Directions to participants to provide
information
(1) The Minister may give a written direction to
a participant requiring the participant to
provide to the Minister any information or
10 document, or any class of information or
document, that--
(a) is in the possession or under the control
of the participant; and
(b) in the opinion of the Minister is
15 relevant to--
(i) a call or proposed call for
registrations of interest in the
grant of a keno licence; or
(ii) an invitation or proposed
20 invitation to apply for a keno
licence; or
(iii) an application or proposed
application for a keno licence.
(2) A participant must comply with a direction
25 under subsection (1).
(3) The Minister may, subject to any conditions
that the Minister thinks fit, disclose any
information acquired by the Minister in
response to a direction under subsection (1)
30 to the Commission and to either or both of
the following--
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Part 5--Club Keno-Related Amendments
s. 90
(a) persons who register an interest in the
grant of a keno licence;
(b) persons who apply for a keno licence.
(4) No compensation is payable by the State in
5 respect of anything done under this section
or in compliance with a direction under this
section.
__________________".
__________________
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Gambling Regulation Further Amendment Bill 2009
Part 6--Keno-related amendments
s. 91
PART 6--KENO-RELATED AMENDMENTS
91 Approval of keno system
After section 6A.2.5(3) of the Principal Act
insert--
5 "(3A) In approving a keno system or a variation to
a keno system, the Commission must have
regard to any relevant standards made under
section 10.1.5A.".
92 New heading to section 6A.3.10 substituted
10 For the heading to section 6A.3.10 of the Principal
Act substitute--
"Minister may refuse to issue keno licence if
related agreements not entered into".
93 New sections 6A.3.10A and 6A.3.10B inserted
15 After section 6A.3.10 of the Principal Act
insert--
"6A.3.10A Related agreements with keno licensee
(1) Subject to this section, the Minister, by
written notice, may direct the keno licensee
20 to enter into an agreement or class of
agreements dealing with matters relating to
the keno licence with--
(a) the Minister; or
(b) a person or class of person the Minister
25 specifies in the direction.
(2) Before giving a direction under subsection
(1), the Minister must consult with the keno
licensee.
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Part 6--Keno-related amendments
s. 93
(3) A direction under subsection (1)--
(a) must warn the keno licensee of the
Minister's powers under this section;
and
5 (b) must be accompanied by a copy of this
section; and
(c) may specify the kinds of terms to be
contained in an agreement or class of
agreements to be entered into; and
10 (d) may specify the kinds of terms that
must not be in an agreement or class of
agreements to be entered into; and
(e) may specify a date by which an
agreement or class of agreements is to
15 be entered into.
(4) The keno licensee must comply with a
direction under subsection (1).
(5) The keno licensee must give a copy of any
agreement entered into in compliance with a
20 direction under subsection (1) to the
Commission.
6A.3.10B No compensation payable because of a
direction to enter into related agreements
No compensation is payable by the State
25 because of a direction under section
6A.3.10A or the entering into an agreement
in compliance with a direction under
section 6A.3.10A.".
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Part 6--Keno-related amendments
s. 94
94 New sections 6A.3.13A and 6A.3.13B inserted
After section 6A.3.13 of the Principal Act
insert--
"6A.3.13A Penalty interest for late payment
5 The keno licensee must pay to the
Commission, for payment into the
Consolidated Fund, interest on a premium
payment under section 6A.3.13 that is
outstanding as at the end of the period
10 allowed for payment, at the rate fixed for the
time being under section 2 of the Penalty
Interest Rates Act 1983.
6A.3.13B Recovery of amounts
A premium payment under section 6A.3.13
15 or any interest payable under
section 6A.3.13A may be recovered in a
court of competent jurisdiction as a debt due
to the State.".
95 Engaging contractors and appointing agents to
20 assist with keno games
In section 6A.3.15(2) of the Principal Act, for
"Act or gaming regulations" substitute "Act, the
gaming regulations, the keno licence or any
related agreement".
25 96 Request by licensee for amendment of keno licence
After section 6A.3.22(1) of the Principal Act
insert--
"(1A) The Minister may refuse to consider the
request for a licence amendment if, in his or
30 her opinion, the requested amendment is the
same, or is similar to, a requested
amendment that has already been made
under this section within the previous two
years and refused by the Minister under
35 section 6A.3.23.".
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Part 6--Keno-related amendments
s. 97
97 Amendment of keno licence
(1) After section 6A.3.23(1) of the Principal Act
insert--
"(1A) The Minister may, at any time, decide to
5 make an amendment to the keno licence and
give written notice of the decision to the
keno licensee.
(1B) Before making an amendment to the keno
licence under subsection (1A), the Minister
10 must notify the keno licensee of the
Minister's intention to amend the licence and
give the licensee no less than 14 days to
make written representations about the
intended action.".
15 (2) For section 6A.3.23(2) of the Principal Act
substitute--
"(2) In deciding whether or not to make an
amendment, the Minister must take into
account whether, in his or her opinion--
20 (a) the amendment is in the public interest;
and
(b) the amendment is required for the
proper conduct of the licensed
activity.".
25 (3) In section 6A.3.23(7) of the Principal Act, for
"subsection (1)" substitute "subsection (1)
or (1A)".
98 Temporary keno licence
(1) In section 6A.3.31(1) of the Principal Act, after
30 "may" insert ", subject to subsection (1A),".
(2) After section 6A.3.31(1) of the Principal Act
insert--
"(1A) The Minister may, in accordance with
subsection (2A), issue a temporary keno
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Part 6--Keno-related amendments
s. 98
licence and appoint a temporary keno
licensee for a period of 90 days.".
(3) For section 6A.3.31(2) of the Principal Act
substitute--
5 "(2) The Minister may issue a temporary keno
licence under subsection (1) only if satisfied
that--
(a) the issue of the temporary licence is in
the public interest; and
10 (b) the proposed licensee and each
associate of the proposed licensee is a
suitable person to be concerned in, or
associated with, the management and
operation of a keno business.
15 (2A) The Minister may issue a temporary keno
licence under subsection (1A) only if
satisfied that--
(a) the issue of the temporary licence is in
the public interest; and
20 (b) the proposed licensee is a suitable
person to be concerned in the
management and operation of a keno
business, taking into account the period
of time for which the licence is
25 issued.".
(4) In section 6A.3.31(3) of the Principal Act, for "A"
substitute "Subject to subsections (1A)
and (2A), a".
(5) In section 6A.3.31(4) of the Principal Act, after
30 "licence" insert "under subsection (1)".
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Part 6--Keno-related amendments
s. 99
(6) After section 6A.3.31(4) of the Principal Act
insert--
"(4A) In considering whether to issue a temporary
licence under subsection (1A), the
5 Minister--
(a) may consult any person the Minister
considers appropriate; and
(b) is entitled to rely on any findings or
recommendations contained in the
10 report of the Commission under section
6A.3.32A.".
99 Report to Minister by Commission for a temporary
keno licence
(1) In the heading to section 6A.3.32 of the Principal
15 Act, after "Commission" insert "for a temporary
keno licence".
(2) In section 6A.3.32(1) of the Principal Act, after
"licence" (where first occurring) insert "under
section 6A.3.31(1)".
20 100 New section 6A.3.32A inserted
After section 6A.3.32 of the Principal Act
insert--
"6A.3.32A Report to Minister by Commission for a
temporary keno licence issued for 90 days
25 (1) If the Minister is considering issuing a
temporary keno licence under section
6A.3.31(1A), the Minister may request the
Commission to give a preliminary written
report to the Minister--
30 (a) stating whether or not, in the
Commission's opinion, the matters of
which the Minister must be satisfied to
issue the temporary licence have been
made out; and
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Part 6--Keno-related amendments
s. 101
(b) containing any other information
required by the Minister.
(2) The Commission must comply with a request
of the Minister under this section.
5 (3) The report may include any
recommendations the Commission thinks fit,
including recommendations as to any
appropriate licence conditions.
(4) The report must include the reasons for any
10 findings or recommendations contained in
it.".
101 Further provisions for temporary licence
(1) In section 6A.3.34(1) of the Principal Act, for "A"
substitute "Subject to subsection (1A), a".
15 (2) After section 6A.3.34(1) of the Principal Act
insert--
"(1A) A temporary keno licence issued under
section 6A.3.31(1A) may be extended once
only for a period of 90 days.".
20 102 New sections 6A.3.34A and 6A.3.34B inserted
After section 6A.3.34 of the Principal Act
insert--
"6A.3.34A Related agreements with temporary keno
licensee
25 (1) Subject to this section, the Minister, by
written notice, may direct a temporary keno
licensee to enter into an agreement or class
of agreements dealing with matters relating
to the temporary keno licence with--
30 (a) the Minister; or
(b) a person or class of person the Minister
specifies in the direction.
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Part 6--Keno-related amendments
s. 102
(2) Before giving a direction under subsection
(1), the Minister must consult with the
temporary keno licensee.
(3) A direction under subsection (1)--
5 (a) must warn the temporary keno licensee
of the Minister's powers under this
section; and
(b) must be accompanied by a copy of this
section; and
10 (c) may specify the terms or kinds of terms
to be contained in an agreement or class
of agreements to be entered into; and
(d) may specify the terms or kinds of terms
that must not be in an agreement or
15 class of agreements to be entered into;
and
(e) may specify a date by which an
agreement or class of agreements is to
be entered into.
20 (4) The temporary keno licensee must comply
with a direction under subsection (1).
(5) The temporary keno licensee must give a
copy of any agreement entered into in
compliance with a direction under subsection
25 (1) to the Commission.
6A.3.34B No compensation payable because of a
direction to enter into related agreements
No compensation is payable by the State
because of a direction under section
30 6A.3.34A or entering into an agreement in
compliance with a direction under
section 6A.3.34A.".
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Part 6--Keno-related amendments
s. 103
103 New sections 6A.3.39A to 6A.3.39D inserted
After section 6A.3.39 of the Principal Act
insert--
"6A.3.39A Directions to provide information
5 (1) The Minister may give a written direction to
the keno licensee, requiring the licensee to
provide to the Minister any information or
document, or any class of information or
document, that--
10 (a) is in the possession or under the control
of the licensee; and
(b) in the opinion of the Minister relates to
the activities conducted under the keno
licence.
15 (2) A keno licensee must comply with a
direction under subsection (1).
(3) The Minister may, subject to any conditions
the Minister thinks fit, disclose any
information acquired by the Minister in
20 response to a direction under subsection (1)
to the Commission and to either or both of
the following--
(a) persons who register an interest in the
grant of a keno licence under this Part;
25 (b) persons who apply for a keno licence
under this Part.
(4) No compensation is payable by the State in
respect of anything done under this section
or in compliance with a direction under this
30 section.
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s. 103
6A.3.39B Directions to licensee
(1) The Commission may give a written
direction to the keno licensee relating to the
conduct of activities authorised under the
5 keno licence and the licensee must comply
with the direction as soon as it takes effect.
(2) The direction takes effect when it is given to
the licensee or at the later time specified in
the direction.
10 (3) The power conferred by this section includes
a power to give a direction to a licensee to
adopt, vary, cease or refrain from any
practice in respect of the conduct of the
licence.
15 (4) A direction under this section must not be
inconsistent with this Act, the regulations or
the licence conditions.
6A.3.39C Claim for prize
(1) If a claim for a prize in a keno game is made
20 to a keno licensee and that prize has not been
paid to the Treasurer in accordance with
section 6A.3.39D(1), the licensee must--
(a) immediately try to resolve the claim;
and
25 (b) if the licensee is not able to resolve the
claim, promptly give the claimant
written notice--
(i) of the licensee's decision on the
claim; and
30 (ii) that the claimant may, within
10 days after receiving the notice,
ask the Commission to review the
decision.
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Part 6--Keno-related amendments
s. 103
(2) If the claim is not resolved, the claimant may
ask the Commission--
(a) if the claimant has received a notice
under subsection (1)(b), to review the
5 licensee's decision on the claim; or
(b) if no notice has been received, to
resolve the claim.
(3) A request to the Commission under
subsection (2)--
10 (a) must be in the form approved by the
Commission; and
(b) if the claimant received a notice under
subsection (1)(b), must be made within
10 days after receiving the notice.
15 (4) If a request is made to the Commission, the
Commission may carry out any
investigations the Commission considers
necessary to resolve matters in dispute.
(5) A function of the Commission under this
20 section may be performed by any
commissioner.
6A.3.39D Unclaimed prizes
(1) On or before the last day of each month (the
payment month), the keno licensee must pay
25 to the Treasurer an amount equal to the sum
of all prizes won that have remained
unclaimed for not less than 6 months on the
first day of that payment month less the
expenses of the keno licensee reasonably
30 incurred in searching for the persons entitled
to those prizes.
(2) For the purposes of subsection (1), a prize
that has been won in a keno game, where the
record of entry relates to more than one keno
35 game conducted during a period, is deemed
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Part 6--Keno-related amendments
s. 104
to have been won on the date when winners
of prizes in the last game recorded on the
record of entry are determined.
(3) If a claimant makes a demand against the
5 Treasurer for money paid to the Treasurer
under subsection (1), the Treasurer, on being
satisfied that the claimant is the owner of the
money demanded, must direct that it be paid
to the claimant out of money available for
10 the purpose.".
104 New Part 6 of Chapter 6A inserted
After Part 5 of Chapter 6A of the Principal Act
insert--
"PART 6--OTHER MATTERS
15 6A.6.1 Trade Practices Act and Competition
Code
(1) For the purposes of the Trade Practices Act
1974 of the Commonwealth and the
Competition Code the following things are
20 authorised by this Act--
(a) the grant of a keno licence or a
temporary keno licence;
(b) conduct authorised or required by or
under the conditions of a keno licence
25 or a temporary keno licence;
(c) entering into a related agreement
referred to in section 6A.3.10,
6A.3.10A or 6A.3.34A;
(d) amending a related agreement referred
30 to in section 6A.3.10, 6A.3.10A
or 6A.3.34A;
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Part 6--Keno-related amendments
s. 104
(e) giving effect to a related agreement
referred to in section 6A.3.10,
6A.3.10A or 6A.3.34A (whether
amended or not).
5 (2) In this section--
giving effect to, in relation to a related
agreement, includes--
(a) complying with any obligation
under the agreement; and
10 (b) exercising or enforcing any right
or power under the agreement.
__________________".
__________________
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Gambling Regulation Further Amendment Bill 2009
Part 7--Community and Charitable Gaming-Related Amendments
s. 105
PART 7--COMMUNITY AND CHARITABLE GAMING-
RELATED AMENDMENTS
105 New section 8.4.7A inserted
After section 8.4.7 of the Principal Act insert--
5 "8.4.7A Payment of prize money and cashing of
cheques
(1) If a person wins prize money of $1000 or
more in a bingo game, the bingo centre
operator or a nominee of the community or
10 charitable organisation who is conducting the
bingo game must not pay out, or allow
another person to pay out, any of that prize
money except by cheque that is not payable
to cash.
15 Penalty: 60 penalty units.
(2) The bingo centre operator or a nominee of
the community or charitable organisation
who is conducting the bingo game must, at
the request of a person, pay out any prize
20 money from a bingo game to the person by
cheque that is not payable to cash.
Penalty: 60 penalty units.".
__________________
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Gambling Regulation Further Amendment Bill 2009
Part 8--Administration and Enforcement-Related Amendments
s. 106
PART 8--ADMINISTRATION AND ENFORCEMENT-
RELATED AMENDMENTS
106 Commission's functions
After section 10.1.4(2)(ab) of the Principal Act
5 insert--
"(ac) regulating the allocation, transfer and use of
gaming machine entitlements;
(ad) regulating the monitoring licensee and its
activities;
10 (ae) any functions conferred on the Commission
under the gaming machine entitlement
allocation and transfer rules;
(af) making determinations, declarations and
decisions and giving approvals under this
15 Act in respect of betting exchanges;
(ag) approving simulated racing events;".
107 New section 10.1.5A inserted
After section 10.1.5 of the Principal Act insert--
"10.1.5A Standards for approvals of technical
20 equipment and systems
(1) The Commission, with the approval of the
Minister, may make and amend standards in
respect of any technical equipment and
systems that the Commission is required to
25 approve under this Act.
(2) The Commission must--
(a) publish each standard, and each
amendment to a standard, on the
Internet; and
30 (b) publish a notice of the making or
amendment of each standard in the
Government Gazette.
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(3) A standard or amendment to a standard
comes into force on the day specified in the
notice of making published in the
Government Gazette.
5 (4) A function of the Commission under this
section may be performed by any
commissioner.
(5) In this section--
technical equipment and systems means a
10 system, equipment, instrument, a
contrivance, hardware, software or a
device referred to in section 3.5.13,
4.2.3, 4.3A.34B, 5.2.1A or 6A.2.5.
Note
15 Standards for the approval of gaming machines types and
games are made by the Commission under section 3.5.3.".
108 Public hearings for amendments to venue operators'
licences to increase gaming machine numbers
For section 10.1.22(2)(c)(iii) of the Principal Act
20 substitute--
"(iii) increase the number of gaming machines
permitted in an approved venue so that the
approved venue will have more than 10%
more than the number of gaming machines
25 permitted in the venue at the time of the
proposed amendment;
(iiia) increase the number of gaming machines
permitted in an approved venue, that is
within 2 years after an increase approved by
30 the Commission, that was for not more than
10% in the number of gaming machines
permitted in the venue;".
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109 New section 10.1.22A inserted
After section 10.1.22 of the Principal Act insert--
"10.1.22A Procedure for non-public hearing of
applications for gaming machine increases
5 (1) This section applies if--
(a) a proposed amendment is requested by
a venue operator to its venue operator's
licence to increase the number of
gaming machines permitted in an
10 approved venue; and
(b) the proposed amendment is not a matter
referred to in section 10.1.22(2)(c)(iii)
or (iiia).
(2) The Commission may make its decision
15 under section 3.4.20 without conducting a
meeting or inquiry in public for the purposes
of the decision if--
(a) the municipal council has not made a
submission under section 3.4.19 in
20 respect of the proposed amendment; or
(b) the municipal council has made a
submission under section 3.4.19 in
respect of the proposed amendment and
the venue operator and municipal
25 council have agreed to the Commission
not conducting a meeting or inquiry in
public for the purposes of the decision.
(3) On making a decision to which this section
applies, the Commission must deliver its
30 decision in public.".
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110 Commission to give written statement after public
hearing or on request
(1) In section 10.1.23(1) of the Principal Act, after
"public" insert "(other than a matter required by
5 section 10.1.22(2)(a), (c)(iii) or (c)(iiia))".
(2) After section 10.1.23(1) of the Principal Act
insert--
"(1A) The Commission must give a written
statement of its decision and the reasons for
10 a decision made in relation to any matter
required by section 10.1.22(2)(a), (c)(iii) or
(c)(iiia) to be held in public or to which
section 10.1.22A applies, within 28 days
after the decision.".
15 111 Subject matter for regulations
In item 2.1 of Part 2 of Schedule 1 to the Principal
Act, for "licences and minor gaming permits"
substitute "licences, minor gaming permits and
the conduct of bingo".
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PART 9--OTHER AMENDMENTS, SAVINGS AND
TRANSITIONALS
Division 1--Consequential amendments relating to the
provision of monitoring services
5 112 Purpose, objective and outline of Act
(1) In section 1.1(2)(c) of the Principal Act, for
"gaming machines and gaming equipment"
substitute "gaming equipment and monitoring
equipment".
10 (2) In section 1.1(3)(g) of the Principal Act, for
"conduct of gaming" substitute "conduct of
activities authorised under Chapter 8".
(3) In section 1.1(3)(i) of the Principal Act, after
"conduct of gaming" insert "and conduct of
15 monitoring".
113 Purpose of Chapter 3
(1) In section 3.1.1 of the Principal Act, for "gaming
machines and gaming equipment" substitute
"gaming equipment and monitoring equipment".
20 (2) In section 3.1.1(b) of the Principal Act, for
"gaming machines and gaming equipment"
substitute "gaming equipment and monitoring
equipment".
114 Application of Chapter 3 to casino operator
25 (1) In section 3.1.5(2)(a) of the Principal Act, for
"and restricted components" substitute
", restricted gaming components and restricted
monitoring components".
(2) In section 3.1.5(2)(c) of the Principal Act, after
30 "gaming equipment" insert "and monitoring
equipment".
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115 Gaming in approved venue declared lawful
(1) In section 3.2.1(1) of the Principal Act, after
"conduct of gaming" insert "and the conduct of
monitoring".
5 (2) In section 3.2.1(2) of the Principal Act, after
"conduct of gaming" insert "and the conduct of
monitoring".
116 Possession of gaming machines may be authorised
(1) In the heading to section 3.2.2 of the Principal
10 Act, for "gaming machines" substitute "gaming
equipment or monitoring equipment".
(2) In section 3.2.2(1) of the Principal Act, for "a
gaming machine or gaming equipment" substitute
"gaming equipment or monitoring equipment".
15 117 Monitoring restrictions for persons listed on the
Roll and related persons
In section 3.2A.3(1)(a)(i) of the Principal Act, for
"restricted components" substitute "restricted
gaming components".
20 118 Restrictions for the monitoring licensee and related
persons
In section 3.2A.5(2)(b)(i) of the Principal Act, for
"restricted components" substitute "restricted
gaming components".
25 119 Authority conferred by gaming operator's licence
In section 3.4.1(2) of the Principal Act, for "or
restricted components" (where twice occurring)
substitute ", restricted gaming components or
restricted monitoring components".
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120 Authority conferred by gaming operator's licence
(1) In section 3.4.2 of the Principal Act, for "and
restricted components" (wherever occurring)
substitute ", restricted gaming components or
5 restricted monitoring components".
(2) In section 3.4.2(f) of the Principal Act, after
"gaming equipment" insert "and monitoring
equipment".
121 Authority conferred by monitoring licence
10 In section 3.4.4(1)(c) of the Principal Act, for
"gaming equipment" substitute "monitoring
equipment".
122 Authority conferred by listing on the Roll
(1) In section 3.4.5(b) of the Principal Act, for
15 "restricted components" substitute "restricted
gaming components or restricted monitoring
components".
(2) In section 3.4.5(c) of the Principal Act, after
"gaming equipment" insert "or monitoring
20 equipment".
(3) In section 3.4.5(d) of the Principal Act, for
"or games" (where twice occurring) substitute
", monitoring equipment or games".
123 Licence may authorise preparatory action
25 (1) In section 3.4.52(6) of the Principal Act, in the
definition of current gaming monitoring
activities, after "gaming equipment" (where twice
occurring) insert "or monitoring equipment".
(2) In section 3.4.52(6) of the Principal Act, in
30 paragraph (a) and (b) of the definition of current
gaming monitoring activities, after "conduct of
gaming" insert "or the conduct of monitoring".
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124 Offence to breach licence conditions
In section 3.4.61(1)(a) and (b) of the Principal
Act, for "or restricted components" substitute
", restricted gaming components and restricted
5 monitoring components".
125 Disciplinary action
(1) In section 3.4.65(1) of the Principal Act, in
paragraph (f) of the definition of grounds for
disciplinary action, for "or restricted component"
10 substitute ", restricted gaming component or
restricted monitoring component".
(2) In section 3.4.65(1) of the Principal Act, in
paragraph (g) of the definition of grounds for
disciplinary action, for "or games" substitute
15 ", monitoring equipment or games".
126 Authority conferred by gaming machine
entitlements
(1) In section 3.4A.2(1)(a) of the Principal Act, for
"restricted components" substitute "restricted
20 gaming components".
(2) In section 3.4A.2(2)(a) of the Principal Act, for
"restricted components" substitute "restricted
gaming components".
(3) In section 3.4A.2(2)(b) of the Principal Act, for
25 "restricted components" substitute "restricted
gaming components".
127 Manufacture, sale, supply, obtaining or possession
of gaming machines
(1) In section 3.5.1(1) of the Principal Act, for "or a
30 restricted component" substitute ", a restricted
gaming component or a restricted monitoring
component".
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(2) In section 3.5.1(4) of the Principal Act, for
"or restricted component" substitute ", restricted
gaming component or restricted monitoring
component".
5 (3) In section 3.5.1(6) of the Principal Act, for "or a
restricted component" substitute ", a restricted
gaming component or a restricted monitoring
component".
128 Unlawful interference with gaming equipment or
10 monitoring equipment
(1) In the heading to section 3.5.10 of the Principal
Act, after "gaming equipment" insert "or
monitoring equipment".
(2) In section 3.5.10(1)(a) of the Principal Act, after
15 "gaming equipment" insert "or monitoring
equipment".
(3) In section 3.5.10(1)(b) of the Principal Act, after
"gaming equipment" insert "or monitoring
equipment".
20 129 Protection of sensitive areas of gaming equipment or
monitoring equipment
(1) In the heading to section 3.5.11 of the Principal
Act, after "gaming equipment" insert "or
monitoring equipment".
25 (2) In section 3.5.11(1)(e) of the Principal Act, after
"gaming equipment" insert "or monitoring
equipment".
(3) In section 3.5.11(1)(l) of the Principal Act, after
"gaming equipment" (where twice occurring)
30 insert "or monitoring equipment".
(4) In section 3.5.11(2) of the Principal Act, after
"gaming equipment" insert "or monitoring
equipment".
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130 Approval of electronic monitoring systems
In section 3.5.13(4) of the Principal Act, after
"gaming equipment" insert ", monitoring
equipment".
5 131 Installation and storage of gaming machines
(1) In section 3.5.15(2) of the Principal Act, after
"gaming equipment" (where first and secondly
occurring) insert "or monitoring equipment".
(2) In section 3.5.15(2)(a) of the Principal Act, after
10 "gaming equipment" insert "or monitoring
equipment".
132 Certificates of installation
(1) In section 3.5.16(1) and (3) of the Principal Act,
after "gaming equipment" (wherever occurring)
15 insert "or monitoring equipment".
(2) After section 3.5.16(5) of the Principal Act
insert--
"(5A) The monitoring licensee must ensure that
gaming does not commence on gaming
20 equipment that is connected to an electronic
monitoring system operated by the licensee
in respect of which certificates under
subsections (1) and (3)--
(a) have not been signed; or
25 (b) have been signed in contravention of
subsection (2) or (4).
Penalty: 1000 penalty units.".
133 Malfunction of gaming machines or monitoring
equipment
30 In section 3.5.20(1) of the Principal Act, after
"gaming equipment" insert "or monitoring
equipment".
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Part 9--Other Amendments, Savings and Transitionals
s. 134
134 Defective gaming machines not allowed
(1) In section 3.5.21(1)(b) of the Principal Act, after
"gaming equipment" insert "or monitoring
equipment".
5 (2) In section 3.5.21(1) of the Principal Act, for "or
gaming equipment" substitute ", gaming
equipment or monitoring equipment".
135 Commission may give directions
(1) In section 3.5.27(1) of the Principal Act, after
10 "gaming operator" insert "or the holder of a
monitoring licence".
(2) For section 3.5.27(1)(a) of the Principal Act
substitute--
"(a) as the case requires, the conduct of gaming
15 or the conduct of monitoring;".
136 Legality of onboard gaming
In section 9.3.1 of the Principal Act, after "gaming
equipment" insert "or monitoring equipment".
137 Non-applicability of other laws
20 In section 9.3.2(2) of the Principal Act, after
"gaming equipment" (where twice occurring)
insert "or monitoring equipment".
138 Unlawful interference with gaming equipment
In section 9.3.4(1)(a) and (b) of the Principal Act,
25 after "gaming equipment" insert "or monitoring
equipment".
139 Authority conferred by a gaming industry
employee's licence
(1) In section 9A.1.2(1)(c) of the Principal Act, after
30 "gaming equipment" insert "or monitoring
equipment".
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(2) In section 9A.1.2(1)(d) of the Principal Act, after
"gaming equipment" insert ", monitoring
equipment".
140 Objectives of Commission
5 In section 10.1.3(b) of the Principal Act, for
"gaming machines and gaming equipment"
substitute "gaming equipment or monitoring
equipment".
141 Seizure and forfeiture of equipment
10 (1) In section 10.5.29(1) and (3) of the Principal Act,
after "gaming equipment" insert "or monitoring
equipment".
(2) For section 10.5.29(5)(a) and (b) of the Principal
Act substitute--
15 "(a) is not, as the case requires, gaming
equipment or monitoring equipment; or
(b) is, as the case requires, gaming equipment or
monitoring equipment authorised under a
gaming Act to be on the premises.".
20 Division 2--Other minor amendments
142 Statute law revision
(1) In Division 5 of Part 5 of Chapter 2 of the
Principal Act, for "2.5.14A" substitute
"2.5.15AA".
25 (2) In section 3.2A.7(1) of the Principal Act, for
"entitlements.." substitute "entitlements.".
(3) In section 3.2A.7(4) of the Principal Act, for
"account.." substitute "account.".
(4) In section 3.1.2 of the Principal Act, in the
30 definition of geographic area condition, for
"3.4A.5(2)(a)" substitute "3.4A.5(4)(a)".
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(5) In section 3.4A.3(1)(b)(i) of the Principal Act, for
"operators," substitute "operators;".
(6) In section 3.6.6A(4) of the Principal Act, for "an
venue" substitute "a venue".
5 (7) In section 4.2.9(3)(a)(i) of the Principal Act, for
"licensee, and;" substitute "licensee; and".
(8) In section 4.3A.34A of the Principal Act, for
'"approved non-Victorian telecommunication
device' substitute "approved non-Victorian
10 telecommunication device";
(9) In section 4.3A.34A of the Principal Act, in the
definition of direct participant--
(a) in paragraph (a), for "is horse" substitute "is
a horse";
15 (b) in paragraph (b)(iii), for "performs or an"
substitute "performs an".
(10) In section 4.3A.34M(8) of the Principal Act, after
"If" insert "a".
(11) In section 4.6.6A(1) of the Principal Act, before
20 "during" insert "licensee".
(12) In section 10.5.32(1)(d) of the Principal Act, for
"Act; or" substitute "Act--".
Division 3--Savings and transitionals
143 New clause 22.1AB of Part 22 of Schedule 7 inserted
25 After clause 22.1A of Schedule 7 to the Principal
Act insert--
"22.1AB Venue operators that do not hold a club
licence, pub licence or racing club licence
(1) This clause applies if immediately before the
30 day on which section 146 of the Gambling
Regulation Further Amendment Act 2009
comes into operation (the relevant day) a
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s. 144
venue operator (a relevant operator) does
not hold a club licence, pub licence or racing
club licence.
(2) On the relevant day, a relevant operator that
5 meets the club requirements is to be taken to
hold a club venue operator's licence.
(3) On the relevant day, a relevant operator that
does not meet the club requirements is to be
taken to hold a hotel venue operator's
10 licence.
(4) In this clause--
club requirements, in relation to a relevant
operator, means the operator is a club--
(a) that is established for a
15 community purpose; and
(b) the constituting document of
which contains provisions
prohibiting--
(i) the distribution of any annual
20 profit or surplus to its
members; and
(ii) the distribution of any
surplus to its members on
winding up.".
25 144 New Part 24 of Schedule 7 inserted
After Part 23 of Schedule 7 to the Principal Act
insert--
"PART 24--GAMBLING REGULATION
FURTHER AMENDMENT ACT 2009
30 24.1 Specified areas
(1) Despite the repeal of section 3.5.29(3) by
section 59 of the Gambling Regulation
Further Amendment Act 2009, a notice
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Part 9--Other Amendments, Savings and Transitionals
s. 144
which specifies an area under that section as
in force immediately before that repeal is to
be taken to remain in force for a period of
three months after that repeal.
5 (2) Despite the repeal of section 3.5.30(2) by
section 60 of the Gambling Regulation
Further Amendment Act 2009, a notice
which specifies an area under that section as
in force immediately before that repeal is to
10 be taken to remain in force for a period of
three months after that repeal.".
__________________
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Gambling Regulation Further Amendment Bill 2009
Part 10--Repeal of Act
s. 145
PART 10--REPEAL OF ACT
145 Repeal of Act
This Act is repealed on 1 September 2013.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
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ENDNOTES
By Authority. Government Printer for the State of Victoria.
561347B.I-13/8/2009 113 BILL LA INTRODUCTION 13/8/2009
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