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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gambling Regulation (Public Lottery Licences) Act
2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Principal Act 2
4. Listing on the Roll 3
5. Restrictions on directors of the holder of the wagering
licence etc. 3
6. Definition of "public lottery" 3
7. New section 5.2.1A inserted 4
5.2.1A Approval of computer system etc. 4
8. New section 5.3.2A inserted 5
5.3.2A Registration of interest 5
9. Application for licence 7
10. Term of public lottery licence 7
11. New section 5.5.6A inserted 7
5.5.6A Directions to provide information etc. 7
12. Protected information 9
13. Costs of investigating applications 9
14. Regulation-making power 10
15. Transitional provisions 10
ENDNOTES 12
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551330B.I1-3/5/2005 BILL LA INTRODUCTION 3/5/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Gambling Regulation Act 2003 and for other purposes.
Gambling Regulation (Public Lottery
Licences) Act 2005
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is to amend the Gambling
Regulation Act 2003--
(a) to restrict a public lottery licence to lotteries,
AFL footy tipping competitions and soccer
5
football pools;
(b) to extend the initial term of a public lottery
licence from a maximum of 7 years to a
maximum of 10 years;
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Gambling Regulation (Public Lottery Licences) Act 2005
s. 2
Act No.
(c) to provide further for the conditions of a
public lottery licence;
(d) to require computer systems and other
equipment used by a public lottery licensee
to be approved by the Victorian Commission
5
for Gambling Regulation;
(e) to provide for responsible gambling
measures in relation to public lotteries;
(f) to amend the restrictions on directors of
another licensee under the Gambling
10
Regulation Act 2003 from having a
significant interest in certain other bodies;
(g) to provide further for the costs of
investigations by the Commission of
applications under the Gambling
15
Regulation Act 2003;
(h) to amend the process for applications for a
public lottery licence.
2. Commencement
(1) This Act (except section 6) comes into operation
20
on the day after the day on which it receives the
Royal Assent.
(2) Section 6 comes into operation on 1 July 2007.
3. Principal Act
See: In this Act, the Gambling Regulation Act 2003 is
25 Act No.
called the Principal Act.
114/2003
and
amending
Act Nos
10/2004,
45/2004,
70/2004,
104/2004 and
108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
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Gambling Regulation (Public Lottery Licences) Act 2005
s. 4
Act No.
4. Listing on the Roll
After section 3.4.61(1)(c)(iii) of the Principal Act
insert--
"(iiia) the holder of a public lottery licence;".
5. Restrictions on directors of the holder of the
5
wagering licence etc.
For section 4.3.28(1)(a) of the Principal Act
substitute--
"(a) is a director of, or has a voting power of 5%
or more in--
10
(i) the holder of a casino licence; or
(ii) a person that holds a gaming operator's
licence; or
(iii) another person (other than a subsidiary
of the licensee) that holds a public
15
lottery licence; or".
6. Definition of "public lottery"
(1) In section 5.1.2 of the Principal Act, for the
definition of "public lottery" substitute--
' "public lottery" means--
20
(a) a lottery; or
(b) an AFL footy tipping competition; or
(c) a soccer football pool.'.
(2) In section 1.3(1) of the Principal Act, in the
definitions of "AFL footy tipping competition"
25
and "soccer football pool" omit "public".
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Act No.
7. New section 5.2.1A inserted
After section 5.2.1 of the Principal Act insert--
"5.2.1A Approval of computer system etc.
(1) A public lottery licensee or an appointed
subsidiary must not use, or cause or permit to
5
be used--
(a) any instrument or contrivance; or
(b) any computer hardware or software; or
(c) any other equipment--
in connection with a public lottery unless the
10
instrument, contrivance, hardware, software
or other equipment has been approved by the
Commission.
(2) A public lottery licensee or an appointed
subsidiary must not make, or cause or permit
15
to be made, any change in any instrument,
contrivance, hardware, software or other
equipment approved by the Commission
under sub-section (1) unless the change has
been approved by the Commission.
20
(3) In approving an instrument, contrivance,
hardware, software or other equipment under
this section, the Commission may take into
account the certificate of a person listed on
the Roll, being a person referred to in section
25
3.4.61(1)(c).
(4) The Commission may make an approval
under this section subject to any conditions
that it thinks fit.
(5) The Commission may, for just and
30
reasonable cause, withdraw an approval
given under this section by instrument given
to the public lottery licensee or the appointed
subsidiary, as the case requires.
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Act No.
(6) A function of the Commission under this
section may be performed by any
commissioner.".
8. New section 5.3.2A inserted
In Division 2 of Part 3 of Chapter 5 of the
5
Principal Act, before section 5.3.3 insert--
"5.3.2A Registration of interest
(1) The Minister may, from time to time, by
notice published in the Government Gazette,
call for registrations of interest in the grant
10
of a public lottery licence.
(2) A notice published under sub-section (1)
must specify--
(a) the procedure for registering an interest
in the grant of a public lottery licence;
15
and
(b) the information required to be provided
by a registrant; and
(c) the minimum standards, if any,
specified by the Minister that a
20
registrant must meet for the registration
of interest to be considered by the
Minister; and
(d) the matters concerning a registrant on
which the Commission will report to
25
the Minister; and
(e) any other matter that the Minister
considers relevant to the registration of
interest.
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Act No.
(3) A person who--
(a) has a physical place of business in
Victoria; and
(b) is not a natural person--
may register interest in the grant of a public
5
lottery licence by--
(c) following the procedure specified under
sub-section (2)(a); and
(d) providing to the Minister the
information specified under sub-
10
section (2)(b).
(4) The Minister must consider each registration
of interest and, if the registration of interest
satisfies all of the requirements made by or
specified under this section, the Minister
15
must refer the registration of interest to the
Commission.
(5) If a registrant fails to satisfy a requirement
made by or specified under this section, the
Minister may refuse to consider, or consider
20
further, the registration of interest or to refer
it to the Commission.
(6) The Commission must report to the Minister
in writing on the matters specified under sub-
section (2)(d) in relation to each registration
25
of interest referred to it by the Minister.
(7) After consideration of the Commission's
report under sub-section (6) and any other
matters that the Minister considers relevant,
the Minister may invite one or more
30
registrants to apply for a public lottery
licence.".
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Act No.
9. Application for licence
(1) For section 5.3.3(1) of the Principal Act
substitute--
"(1) A person who has been invited by the
Minister under section 5.3.2A (7) to apply
5
for a public lottery licence may apply to the
Minister for such a licence.".
(2) After section 5.3.3(2)(a) of the Principal Act
insert--
"(ab) must be lodged in accordance with the
10
procedural requirements, if any, specified by
the Minister; and".
10. Term of public lottery licence
In section 5.3.8(1)(b) of the Principal Act, for
"7 years" substitute "10 years".
15
11. New section 5.5.6A inserted
In Division 2 of Part 5 of Chapter 5 of the
Principal Act, before section 5.5.7 insert--
"5.5.6A Directions to provide information etc.
(1) The Minister may give a written direction to
20
a public lottery licensee requiring the
licensee to provide to the Minister any
information or document, or any class of
information or document, that is in the
possession or under the control of the
25
licensee and that--
(a) relates to any arrangement or
agreement between the licensee and
one or more parties in Victoria or in
any other State or Territory or another
30
country relating to the operation of
public lotteries under the licence; or
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Act No.
(b) in the opinion of the Minister relates to
the operation of public lotteries under
the licence and is considered by the
Minister to be relevant to--
(i) a call or proposed call for
5
registrations of interest under
section 5.3.2A; or
(ii) an invitation or proposed
invitation to apply for a public
lottery licence; or
10
(iii) an application or proposed
application for a public lottery
licence under section 5.3.3.
(2) A public lottery licensee must comply with a
direction under sub-section (1).
15
(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 sub-section (1)
to the Commission and to either or both of
20
the following--
(a) persons who register an interest in the
grant of a public lottery licence in
accordance with section 5.3.2A;
(b) persons who apply for a public lottery
25
licence in accordance with section
5.3.3.
(4) No compensation is payable by the Crown in
respect of anything done in accordance with
this section.".
30
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Act No.
12. Protected information
After section 10.1.30(1)(a) of the Principal Act
insert--
"(ab) from the Minister after registering an interest
in the grant of a public lottery licence or after
5
applying for such a licence; or".
13. Costs of investigating applications
(1) After section 10.4.7(1) of the Principal Act
insert--
"(1A) The Commission may, by written notice,
10
require a person who is a registrant under
section 5.3.2A to pay to the Commission the
amount determined by the Commission,
being an amount not exceeding the
reasonable costs of investigation of the
15
registration of interest.".
(2) In section 10.4.7(2) of the Principal Act--
(a) after "(1)" insert "or (1A)";
(b) after "granted" insert "or the registrant is
invited to apply for a public lottery licence,
20
as the case may be".
(3) After section 10.4.7(2) of the Principal Act
insert--
"(3) Costs payable under sub-section (1) or (1A)
may by recovered in a court of competent
25
jurisdiction as a debt due to the Crown.".
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Act No.
14. Regulation-making power
In Part 4 of Schedule 1 to the Principal Act, after
item 4.4 insert--
"4.5 The activities of public lottery licensees and any
5 company appointed under section 5.3.14.
4.6 Training requirements for employees or agents of a
public lottery licensee or of a company appointed
under section 5.3.14 or for other persons who accept
entries in a public lottery.
10 4.7 The provision to entrants in a public lottery of
information in relation to the public lottery.
4.8 The payment of prizes in a public lottery.
4.9 Advertising and promotions in relation to a public
lottery.
15 4.10 Lottery-related signs.
4.11 Requirements for the conduct of public lotteries and
the sale of entries in public lotteries.
4.12 Monitoring or reporting by a public lottery licensee as
to its compliance with the regulations.".
15. Transitional provisions
20
After Part 13 of Schedule 7 to the Principal Act
insert--
"PART 14--GAMBLING REGULATION
(PUBLIC LOTTERY LICENCES) ACT 2005
25 14.1 Approval of computer system
Any approval of--
(a) a computer system, or a part of a
computer system, used for the conduct of
public lotteries; and
30 (b) any modification of a function or the
operation of a computer system referred
to in paragraph (a)--
that has been given under condition 5 or 6 of
the licence to conduct public lotteries issued
35 under section 90(1) of the Public Lotteries Act
2000 on 1 July 2001 to the trustees of the will
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s. 15
Act No.
and estate of the late George Adams and that
was in force immediately before the
commencement of section 7 of the Gambling
Regulation (Public Lottery Licences) Act
5 2005 is taken, on and after that commencement,
to be an approval of the computer hardware or
software (as the case requires) under section
5.2.1A, subject to any conditions to which the
approval was subject immediately before that
10 commencement.
14.2 Term of public lottery licence
Section 5.3.8(1)(b) as in force immediately
before the commencement of section 10 of the
Gambling Regulation (Public Lottery
15 Licences) Act 2005 continues to apply to a
public lottery licence that was in force on that
commencement.".
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Gambling Regulation (Public Lottery Licences) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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