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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gambling Regulation (Further Miscellaneous
Amendments) Act 2006
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. New section 5.2.8 substituted 3
5.2.8 Offences relating to minors 3
5. Keno as a lottery game 3
6. Issue of public lottery licence to subsidiary of applicant 3
7. New section 5.3.7A inserted 4
5.3.7A Ancillary agreements 4
8. New section 5.3.8A inserted 5
5.3.8A Licence may authorise preparatory action 5
9. New section 5.3.11 substituted 6
5.3.11 Publication and tabling 6
10. Register of licences 7
11. New section 5.3.15A inserted 8
5.3.15A Engaging contractors and appointing agents to assist
with public lotteries 8
12. Amendment of licence 8
13. Grounds for disciplinary action 9
14. New Division 6 inserted in Part 3 of Chapter 5 9
Division 6--Temporary Public Lottery Licences 9
5.3.27 Temporary public lottery licences 9
5.3.28 Report to Minister by Commission 11
5.3.29 Arrangements with former licensee 12
15. Subsidiaries to comply with Division 1 of Part 5 of Chapter 5 13
16. Authorisation of release of information is non-delegable 13
17. New Division 6 of Part 1 of Chapter 10 substituted 13
Division 6--Confidentiality 13
10.1.29 Definitions 13
10.1.30 General duty of confidentiality 15
10.1.31 Disclosure in legal proceedings 15
10.1.32 Other permitted disclosures 16
10.1.33 Aggregation of statistical information 17
10.1.34 Third party disclosures 18
i
551412B.I1-30/5/2006 BILL LA INTRODUCTION 30/5/2006
Clause Page
18. Investigation of applications 19
19. Transitional provisions--confidentiality 20
20. Consequential amendment of Tobacco (Amendment)
Act 2005 21
ENDNOTES 22
ii
551412B.I1-30/5/2006 BILL LA INTRODUCTION 30/5/2006
PARLIAMENT OF VICTORIA
A BILL
to amend the Gambling Regulation Act 2003 in relation to public
lotteries and confidentiality, to consequentially amend the Tobacco
(Amendment) Act 2005 and for other purposes.
Gambling Regulation (Further
Miscellaneous Amendments) Act 2006
The Parliament of Victoria enacts as follows:
1. Purpose
The purpose of this Act is--
(a) to amend the Gambling Regulation Act
2003 in relation to public lotteries and
confidentiality;
5
(b) to consequentially amend the Tobacco
(Amendment) Act 2005.
1
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Gambling Regulation (Further Miscellaneous Amendments) Act
2006
s. 2
Act No.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3. Definitions
See: In section 1.3(1) of the Gambling Regulation
5 Act No.
Act 2003--
114/2003.
Reprint No. 1
(a) for the definition of "AFL footy tipping
as at
21 July 2005
competition" substitute--
and
amending
' "AFL footy tipping competition" means a
Act Nos
public lottery in which the prizes are
10 10/2004,
104/2004,
distributed on the basis of results of
22/2005,
matches in the Australian Football
45/2005,
92/2005,
League and in accordance with the
98/2005 and
lottery rules for the public lottery;';
7/2006.
LawToday:
(b) for the definition of "soccer football pool"
www.dms.
15
dpc.vic.
substitute--
gov.au
' "soccer football pool" means a public
lottery in which the prizes are
distributed on the basis of results of
soccer football matches in Australia or
20
elsewhere and in accordance with the
lottery rules for the public lottery,
whereby results are selected and given
an order of rank;';
(c) in the definition of "public lottery licence",
25
after "Chapter 5" insert "or a temporary
public lottery licence issued under
section 5.3.27";
(d) in the definition of "ticket", in paragraph (a),
after "game" insert ", including a ticket in
30
electronic form".
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2006
s. 4
Act No.
4. New section 5.2.8 substituted
For section 5.2.8 of the Gambling Regulation
Act 2003 substitute--
"5.2.8 Offences relating to minors
(1) A person must not knowingly sell a lottery
5
ticket to a minor.
Penalty: 10 penalty units.
(2) A person must not knowingly accept an entry
in a public lottery from a minor.
Penalty: 10 penalty units.".
10
5. Keno as a lottery game
In section 5.3.2(2)(d) of the Gambling
Regulation Act 2003, after "game" insert
", other than keno,".
6. Issue of public lottery licence to subsidiary of
15
applicant
For section 5.3.6(1) of the Gambling Regulation
Act 2003 substitute--
"(1) If the Minister grants a licence application,
he or she must issue a public lottery licence
20
to--
(a) the applicant; or
(b) a Victorian company that is--
(i) a wholly-owned subsidiary of the
applicant; and
25
(ii) approved by the Commission.
3
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2006
s. 7
Act No.
(1A) On application by an applicant for a public
lottery licence, the Commission may approve
a wholly-owned subsidiary of the applicant
for the purposes of sub-section (1)(b) if
satisfied that--
5
(a) the applicant has given the subsidiary
and the State an irrevocable guarantee
and indemnity, in the form approved by
the Treasurer, in respect of all
obligations of the subsidiary; and
10
(b) the issuing of a public lottery licence to
the subsidiary under sub-section (1)(b)
would not result in a person who is not
currently an associate of the applicant
becoming an associate of the applicant.
15
Note: Division 1 of Part 4 of Chapter 10 provides for
the investigation of an application for approval
of a wholly-owned subsidiary.".
7. New section 5.3.7A inserted
After section 5.3.7 of the Gambling Regulation
20
Act 2003 insert--
"5.3.7A Ancillary agreements
Despite section 5.3.6(1), the Minister may
refuse to issue a public lottery licence
unless--
25
(a) the applicant; or
(b) if the licence is to be issued to a
subsidiary of the applicant, the
subsidiary--
enters into one or more agreements with the
30
Minister dealing with matters ancillary to the
licence.".
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2006
s. 8
Act No.
8. New section 5.3.8A inserted
After section 5.3.8 of the Gambling Regulation
Act 2003 insert--
'5.3.8A Licence may authorise preparatory action
(1) This section applies to a public lottery
5
licence that takes effect at a time specified in
the licence that is later than the time of issue
of the licence.
(2) The public lottery licence may authorise the
public lottery licensee to take preparatory
10
action from a time specified in the licence
(which may be the time of issue) even
though the licence has not taken effect.
(3) An authorisation under sub-section (2) may
specify a single time from which any
15
preparatory action may be taken or different
times from which different kinds of
preparatory action may be taken.
(4) Any time specified from which preparatory
action may be taken must not be more than
20
12 months before the time the licence takes
effect.
Example
If a public lottery licence issued on 1 May 2007 is to
25 take effect on 1 July 2008, the licence could specify
that the licensee could make its lottery rules and have
its computer system approved from 1 July 2007, could
advertise the lottery from 1 February 2008 and could
sell tickets from 1 May 2008.
(5) Despite section 5.3.8(1)(a), the public lottery
30
licence is taken to be in effect for the
purpose of any preparatory action taken in
accordance with an authorisation under sub-
section (2).
5
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2006
s. 9
Act No.
(6) No account is to be had to this section in
determining the term of the licence under
section 5.3.8(1)(b).
Example
5 The term specified in the licence referred to in the
example at the foot of sub-section (4) is determined
from 1 July 2008 (that is, the day the licence is
specified to take effect) even if the licence authorises
preparatory action before that day and is taken to be in
10 effect under sub-section (5) for that purpose.
(7) In this section--
"preparatory action" means anything
necessary or convenient to be done for
the purpose of conducting a public
lottery, other than--
15
(a) drawing the lottery; or
(b) having the lottery determined by
any other means.'.
9. New section 5.3.11 substituted
For section 5.3.11 of the Gambling Regulation
20
Act 2003 substitute--
"5.3.11 Publication and tabling
(1) The Minister must cause--
(a) notice to be published in the
Government Gazette and a newspaper
25
circulating generally in Victoria--
(i) of the issue of a public lottery
licence, as soon as practicable
after the licence is issued; and
(ii) of the making of any agreement
30
referred to in section 5.3.7A, as
soon as practicable after the
agreement is made; and
6
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2006
s. 10
Act No.
(b) a copy of a public lottery licence to
be--
(i) given to the Commission as soon
as practicable after the licence is
issued; and
5
(ii) laid before each House of the
Parliament within 7 sitting days of
the House after the licence is
issued; and
(c) a copy of any agreement referred to in
10
section 5.3.7A to be--
(i) given to the Commission as soon
as practicable after the agreement
is made; and
(ii) laid before each House of the
15
Parliament within 7 sitting days of
the House after the agreement is
made.
(2) The Commission must cause a copy of a
public lottery licence and any agreements
20
referred to in section 5.3.7A to be made
available on its website as soon as
practicable after receiving them.".
10. Register of licences
For section 5.3.13(3) of the Gambling
25
Regulation Act 2003 substitute--
"(3) The Minister must make the information in
the register available to the Commission.
(4) The Commission must cause the information
in the register to be made available on the
30
Commission's website.".
7
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2006
s. 11
Act No.
11. New section 5.3.15A inserted
After section 5.3.15 of the Gambling Regulation
Act 2003 insert--
"5.3.15A Engaging contractors and appointing
agents to assist with public lotteries
5
(1) A public lottery licence may authorise the
licensee to engage a person on contract, or to
appoint an agent, to assist in the conduct of a
public lottery authorised by the licence.
(2) For the avoidance of doubt, the engagement
10
of a person or the appointment of an agent by
a licensee does not affect any function or
obligation of the licensee under a gaming
Act or gaming regulations.".
12. Amendment of licence
15
(1) In section 5.3.16(1) of the Gambling Regulation
Act 2003 omit "to remove or vary a condition of
the licence or to impose an additional condition on
the licence".
(2) For section 5.3.19(4) of the Gambling
20
Regulation Act 2003 substitute--
"(4) If the Minister amends a licence under this
section, the Minister must cause--
(a) notice of the amendment to be
published, as soon as practicable after
25
the licence is amended, in the
Government Gazette and a newspaper
circulating generally in Victoria; and
(b) a copy of the amendment to be--
(i) given to the Commission as soon
30
as practicable after the licence is
amended; and
8
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2006
s. 13
Act No.
(ii) laid before each House of the
Parliament within 7 sitting days of
the House after the licence is
amended.
(4A) The Commission must cause a copy of the
5
amendment, or the licence as amended, to be
made available on its website as soon as
practicable after receiving the copy of the
amendment.".
13. Grounds for disciplinary action
10
After section 5.3.21(e) of the Gambling
Regulation Act 2003 insert--
"(ea) the licensee has contravened an agreement
referred to in section 5.3.7A;".
14. New Division 6 inserted in Part 3 of Chapter 5
15
After Division 5 of Part 3 of Chapter 5 of the
Gambling Regulation Act 2003 insert--
'Division 6--Temporary Public Lottery
Licences
5.3.27 Temporary public lottery licences
20
(1) If a public lottery licence (the "original
licence") is cancelled, suspended or
surrendered under this Part, the Minister may
issue a temporary public lottery licence and
appoint a temporary licensee for the period
25
determined by the Minister.
(2) The Minister may issue a temporary public
lottery licence only if satisfied, after
receiving a report of the Commission under
section 5.3.28, that the proposed licensee and
30
each associate of the proposed licensee is a
suitable person to be concerned in, or
associated with, the management and
operation of a public lottery business.
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2006
s. 14
Act No.
(3) A temporary public lottery licence is issued
on the terms and conditions the Minister
thinks fit and nothing in Division 2 (other
than sections 5.3.10, 5.3.11, 5.3.12
and 5.3.13) applies to the issue of the
5
temporary licence.
(4) A temporary public lottery licence--
(a) may be extended once only for a period
determined by the Minister; and
(b) may be cancelled at any time by the
10
Minister; and
(c) if issued following the suspension of
the original licence--is cancelled by
the lifting or expiry of that suspension.
(5) If a temporary public lottery licence
15
(including a temporary licence issued under
this sub-section) is cancelled or otherwise
terminates (other than under sub-section
(4)(c)), the Minister may issue a further
temporary public lottery licence and appoint
20
a further temporary licensee for the period
determined by the Minister.
(6) For the avoidance of doubt, sub-sections (2)
and (3) apply to the issue of a temporary
licence under sub-section (5).
25
(7) The cumulative periods for which a
temporary public lottery licence may be
issued or extended under this section cannot
exceed 3 years after the day on which the
original licence was cancelled, suspended or
30
surrendered (as the case may be).
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2006
s. 14
Act No.
5.3.28 Report to Minister by Commission
(1) If the Minister is considering issuing a
temporary public lottery licence under
section 5.3.27, the Commission must give a
written report to the Minister stating whether
5
or not, in the Commission's opinion--
(a) the proposed licensee, and each
associate of the proposed licensee, is of
good repute, having regard to character,
honesty and integrity;
10
(b) the proposed licensee, or an associate
of the proposed licensee, has an
association with a person or body that
is not of good repute having regard to
character, honesty and integrity as a
15
result of which the proposed licensee or
the associate is likely to be significantly
affected in an unsatisfactory manner;
(c) each executive officer of the proposed
licensee and any other person
20
determined by the Commission to be
concerned in or associated with the
ownership, management or operation of
the proposed licensee's business, is a
suitable person to act in that capacity.
25
(2) The report may include any
recommendations the Commission thinks fit,
including recommendations as to any
appropriate licence conditions.
(3) The report must include the reasons for any
30
findings or recommendations contained in it.
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2006
s. 14
Act No.
5.3.29 Arrangements with former licensee
(1) A temporary licensee may enter into any
arrangements that are approved by the
Minister with the former licensee, including
arrangements relating to the use of assets and
5
services of staff of the former licensee.
(2) The former licensee--
(a) must make available to the temporary
licensee on reasonable terms any assets
of, or under the control of, the former
10
licensee that are reasonably necessary
for arrangements under sub-section (1);
and
(b) must use its best endeavours to make
available any staff of the former
15
licensee that are reasonably necessary
for those arrangements.
Penalty: 100 penalty units.
(3) In this section--
"former licensee" means the person who
20
was public lottery licensee--
(a) under the original licence
immediately before its
cancellation, suspension or
surrender; or
25
(b) under a temporary public lottery
licence immediately before its
cancellation or other termination.'.
12
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2006
s. 15
Act No.
15. Subsidiaries to comply with Division 1 of Part 5 of
Chapter 5
In the Gambling Regulation Act 2003--
(a) in the heading to section 5.5.6, for "Agents
and subsidiaries" substitute
5
"Subsidiaries";
(b) section 5.5.6(1) is repealed;
(c) in section 5.5.10(1)(a)(ii) and (3), after
"agent" insert "or contractor".
16. Authorisation of release of information is
10
non-delegable
In section 10.1.26(1) of the Gambling
Regulation Act 2003, after "any commissioner"
insert "(other than a function under
section 10.1.32(3))".
15
17. New Division 6 of Part 1 of Chapter 10 substituted
For Division 6 of Part 1 of Chapter 10 of the
Gambling Regulation Act 2003 substitute--
'Division 6--Confidentiality
10.1.29 Definitions
20
(1) In this Division--
"court" includes any tribunal, authority or
person having power to require the
production of documents or the
answering of questions;
25
"enforcement agency" means a person or
body in Victoria or another jurisdiction
(whether in or outside Australia)--
(a) that is responsible for, or engages
in, law enforcement generally; or
30
(b) that is approved by the Minister
under sub-section (2);
13
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2006
s. 17
Act No.
"gambling regulator" means a person or
body in Victoria or another jurisdiction
(whether in or outside Australia) that is
responsible for the licensing,
supervision or regulation of gambling
5
activities;
"produce" includes permit access to;
"protected information" means--
(a) information with respect to the
affairs of any person; or
10
(b) information with respect to the
establishment or development of a
casino;
"regulated person" means--
(a) the Commission;
15
(b) a commissioner;
(c) an employee or member of staff
referred to in section 10.1.25;
(d) the Minister;
(e) an employee in the department
20
administered by the Minister;
(f) a person acting on behalf of the
Commission or the Minister.
(2) The Minister may, by written notice given to
the Commission, approve as an enforcement
25
agency a person or body that is responsible
for, or engages in, the administration of a
licensing or other regulatory scheme that
requires licensees or other persons regulated
to be suitable, or fit and proper, persons.
30
14
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2006
s. 17
Act No.
10.1.30 General duty of confidentiality
(1) A regulated person must not, directly or
indirectly, make a record of, or disclose to
someone else, any protected information
acquired by the person in the performance of
5
functions under a gaming Act or gaming
regulations.
Penalty: 60 penalty units.
(2) Sub-section (1) does not apply to--
(a) a record or disclosure made in the
10
performance of functions under a
gaming Act or gaming regulations; or
(b) a record or disclosure permitted or
required to be made by or under
another provision of this Division.
15
10.1.31 Disclosure in legal proceedings
(1) Subject to sub-section (2), a regulated person
is not, except for the purposes of a gaming
Act or gaming regulations, required--
(a) to produce in a court a document that
20
has come into the person's possession
or under the person's control; or
(b) to disclose to a court any protected
information that has come to the
person's notice--
25
in the performance of functions under a
gaming Act or gaming regulations.
(2) A regulated person may be required to
disclose protected information to a court or
produce in court any document containing
30
information if--
15
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2006
s. 17
Act No.
(a) the Minister certifies that it is necessary
in the public interest that the
information should be disclosed to a
court; or
(b) the person to whose affairs the
5
information relates has expressly
authorised it to be disclosed to a court.
10.1.32 Other permitted disclosures
(1) A regulated person may disclose protected
information--
10
(a) with the consent (express or implied) of
the person to whose affairs the
information relates; or
(b) to an enforcement agency for the
purpose of law enforcement; or
15
(c) to a gaming regulator for regulatory or
law enforcement purposes; or
(d) with the authorisation of the Minister or
the Commission under sub-section (3);
or
20
(e) if the information was considered at a
meeting or inquiry, or part of a meeting
or inquiry, of the Commission that was
held in public.
(2) In addition to any disclosure permitted under
25
sub-section (1), the Minister or the
Commission may disclose protected
information if the Minister or the
Commission (as the case requires) considers
that--
30
16
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2006
s. 17
Act No.
(a) disclosure of the information is in the
public interest; or
(b) in the circumstances, disclosure of the
information is not unreasonable.
(3) The Minister or the Commission may
5
authorise the disclosure of protected
information, or protected information of a
specified class, if the Minister or the
Commission (as the case requires) considers
that--
10
(a) disclosure of the information, or
information of the class, is in the public
interest; or
(b) in the circumstances, disclosure of the
information, or information of the class,
15
is not unreasonable.
(4) An authorisation under sub-section (3) may
be expressed to apply to a specified regulated
person, to regulated persons of a specified
class or to all regulated persons.
20
(5) A function of the Commission under
sub-section (3) may be performed by any
commissioner.
10.1.33 Aggregation of statistical information
(1) Any statistical information published about
25
gambling expenditure in relation to gaming
venues (whether pursuant to an authorisation
under section 10.1.32(3) or otherwise) must
be aggregated--
(a) to give the total gambling expenditure
30
for all approved venues in a municipal
district; and
17
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2006
s. 17
Act No.
(b) if a municipal district has less than
3 approved venues, to give the total
gambling expenditure for all approved
venues in the municipal district
together with an adjoining municipal
5
district or districts so that the statistical
information indicates gambling
expenditure for at least 3 approved
venues--
except as authorised by or under
10
sub-section (2).
(2) The Minister or the Commission may
publish, or authorise the publication of,
disaggregated statistical information if the
Minister or the Commission (as the case
15
requires) considers that--
(a) publication is in the public interest; or
(b) in the circumstances, publication is not
unreasonable.
10.1.34 Third party disclosures
20
(1) A person (other than a regulated person) to
whom protected information is disclosed by
a regulated person must not make a record
of, or disclose to someone else, any of the
information.
25
Penalty: 60 penalty units.
(2) Sub-section (1) does not apply to--
(a) a record or disclosure made with the
prior written authorisation of the
Commission or the Minister; or
30
(b) a record or disclosure made by an
enforcement agency or a gambling
regulator in the performance of
functions of the agency or regulator
(as the case requires); or
35
18
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s. 18
Act No.
(c) protected information that has been
given in evidence or produced before a
court.'.
18. Investigation of applications
(1) In the Gambling Regulation Act 2003--
5
(a) after section 10.4.1(c)(iii) insert--
"(iiia) of a wholly-owned subsidiary of a
public lottery licence applicant under
section 5.3.6(1A);";
(b) after sections 10.4.3(4)(a) and 10.4.4(4)(a)
10
insert--
"(ab) approval of a wholly-owned subsidiary
of a public lottery licence applicant
under section 5.3.6(1A);";
(c) after section 10.4.5(4)(b) insert--
15
"(ba) approval of a wholly-owned subsidiary
of a public lottery licence applicant
under section 5.3.6(1A);".
(2) For section 10.4.6(4) of the Gambling
Regulation Act 2003 substitute--
20
"(4) This section does not apply to an application
for--
(a) approval of a wholly-owned subsidiary
of a public lottery licensee under
Division 3 of Part 3 of Chapter 5;
25
(b) approval of a wholly-owned subsidiary
of a public lottery licence applicant
under section 5.3.6(1A).".
19
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2006
s. 19
Act No.
19. Transitional provisions--confidentiality
In Schedule 7 to the Gambling Regulation Act
2003, for clause 10.3 substitute--
'10.3 Confidentiality
5 (1) In Division 6 of Part 1 of Chapter 10 a reference to a
gaming Act includes a reference to a superseded Act.
(2) A certificate under section 10.1.31(2)(a) (as in force
immediately before the commencement of the
amending Act) that was in force immediately before
10 that commencement is taken, on and after that
commencement, to be a certificate under section
10.1.31(2)(a) as substituted by the amending Act.
(3) An authorisation under section 10.1.31(2)(b) (as in
force immediately before the commencement of the
15 amending Act) that was in force immediately before
that commencement is taken, on and after that
commencement, to be an authorisation under section
10.1.31(2)(b) as substituted by the amending Act.
(4) A direction under section 10.1.33(2) (as in force
20 immediately before the commencement of the
amending Act) that was in force immediately before
that commencement is taken, on and after that
commencement, to be an authorisation of the Minister
under section 10.1.32(3)(a) as substituted by the
25 amending Act.
(5) An approval of a person or body under
section 10.1.37(5) (as in force immediately before the
commencement of the amending Act) that was in
force immediately before that commencement is
30 taken, on and after that commencement, to be an
approval of the person or body as an enforcement
agency under section 10.1.29(2) as substituted by the
amending Act.
(6) In this clause--
35 "amending Act" means the Gambling Regulation
(Further Miscellaneous Amendments) Act
2006.'.
20
551412B.I1-30/5/2006 BILL LA INTRODUCTION 30/5/2006
Gambling Regulation (Further Miscellaneous Amendments) Act
2006
s. 20
Act No.
20. Consequential amendment of Tobacco
(Amendment) Act 2005
Section 28 of the Tobacco (Amendment) Act
2005 is repealed.
21
551412B.I1-30/5/2006 BILL LA INTRODUCTION 30/5/2006
Gambling Regulation (Further Miscellaneous Amendments) Act
2006
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
22
551412B.I1-30/5/2006 BILL LA INTRODUCTION 30/5/2006
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