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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Interactive Gaming (Player Protection) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Meaning of associate 6
5. Meaning of interactive game 7
6. Participating jurisdictions 9
7. Territorial application of this Act 10
PART 2--INTERACTIVE GAMING 11
8. Meaning of approved game 11
9. Offence to conduct unauthorised interactive gaming 11
10. Compliance with certain conditions 12
11. Player registration and acceptance of wagers 13
12. Procedure for registration 13
13. Verification of player's identity 14
14. Offence for licensed provider to participate etc 14
15. Lawful activities 14
PART 3--INTERACTIVE GAMING LICENCES 15
16. Application for interactive gaming licence 15
17. Consideration of application 15
18. Conditions for granting application 15
19. Suitability of applicant to hold interactive gaming licence 16
20. Suitability of associates 17
21. Updating of application 17
22. Investigations of suitability of persons 18
23. Matters to be considered in determining applications 18
24. Determination of applications 19
25. Changing conditions of licence 20
26. Interactive gaming licence not transferable 20
27. Surrender of interactive gaming licence 20
28. Grounds for disciplinary action 21
29. Cancellation, suspension or variation of licence 22
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Clause Page
30. On-going monitoring of associates and others 25
31. Investigations 26
32. Requirement to give information or document for investigation 27
33. Power to executors, trustees etc. to carry on business under
licence 28
34. Effect of endorsements 29
35. Licence lapses if not endorsed 29
PART 4--RETURNS TO PLAYERS, SUPERVISION CHARGES
AND TAX 30
36. Returns to players 30
37. Liability to supervision charge 30
38. Interactive gaming tax 30
39. Returns for calculation of tax 31
40. Penalty for late payment 32
41. Recovery of amounts 32
42. Revenue offences 32
PART 5--COMPLIANCE REQUIREMENTS 34
43. Directions 34
44. Players funds 34
45. Licensed provider not to act as credit provider 34
46. Funds held on behalf of players 34
47. Inactive players 35
48. Limitation on amount wagered 35
49. Self-exclusion order 36
50. Disposal of unclaimed non-monetary prizes 37
51. Claims for prize 37
52. Entitlement to prize lapses if not claimed within 2 years 38
53. Power to withhold prize in certain cases 38
54. Inquiries about complaints 39
55. Authority's power to restrict participation in approved games by
gaming officials 41
PART 6--INVESTIGATION AND ENFORCEMENT 42
56. Inspectors 42
57. Rights of inspector in certain premises 42
58. Functions of inspectors 42
59. Powers of inspectors 43
60. Search warrants 45
61. Offences relating to obstruction etc. of inspectors 46
62. Evidence 47
63. Offences by corporation 48
64. Proceedings 49
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Clause Page
65. Information gathering for law enforcement purposes 49
66. Authority may hold inquiries 50
67. Representation 50
PART 7--APPEALS 51
68. Review by Victorian Civil and Administrative Tribunal 51
PART 8--MISCELLANEOUS 52
69. Secrecy 52
70. Destruction of finger prints and palm prints 54
71. Delegation 54
72. Regulations 54
PART 9--CONSEQUENTIAL AMENDMENTS 56
73. Gaming and Betting Act 1994 56
74. New section 225A inserted 56
225A. Inspectors 56
75. Casino Control Act 1991 56
76. Gaming Machine Control Act 1991 57
77. Gaming No. 2 Act 1997 57
NOTES 58
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PARLIAMENT OF VICTORIA
A BILL
relating to interactive gaming, to make certain consequential
amendments and for other purposes.
Interactive Gaming (Player Protection)
Act 1999
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to make provision for
the protection of persons participating in
5 interactive games by regulating the provision of
interactive gaming services.
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2. Commencement
(1) This section and section 1 come into operation on
the day on which this Act receives the Royal
Assent.
5 (2) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
3. Definitions
In this Act--
"approved game" has the meaning given by
10 section 8;
"Authority" means the Victorian Casino and
Gaming Authority established under the
Gaming and Betting Act 1994;
"computer server" means a computer that is
15 capable of--
(a) communicating with another computer;
and
(b) providing to that other computer--
(i) access to a database; or
20 (ii) transaction based services; or
(iii) software applications;
"conduct" includes promote, organise and
operate;
"control system" means a system of internal
25 controls and administrative and accounting
procedures for the conduct of interactive
games by a licensed provider;
"corresponding law", in relation to a
participating jurisdiction, means a law of the
30 participating jurisdiction declared to be a
corresponding law under section 6;
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s. 3
Act No.
"employ" includes engage under a contract for
services;
"employee", in relation to a licensed provider,
means a person employed by the licensed
5 provider in functions related to the conduct
of approved games;
"executive associate"--
(a) in relation to a licensed provider, means
an executive officer of a corporation, a
10 partner or trustee, or another person
stated by the Authority, whom the
Authority reasonably believes to be
associated with the ownership or
management of the operations of the
15 licensed provider;
(b) in relation to an applicant for an
interactive gaming licence, means an
executive officer of a corporation, a
partner or trustee, or another person
20 stated by the Authority whom the
Authority reasonably believes--
(i) is associated with the ownership
or management of the applicant's
operations; or
25 (ii) will, if an interactive gaming
licence is issued to the applicant,
be associated with the ownership
or management of the licensed
provider's operations;
30 "executive officer", in relation to a corporation,
means a person who is concerned with, or
takes part in, the corporation's management,
whether or not the person is a director or the
person's position is given the name of
35 executive officer;
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Interactive Gaming (Player Protection) Act 1999
s. 3
Act No.
"game" includes a scheme or arrangement;
"gaming record", in relation to a licensed
provider, means a record (including a
document) about the operations conducted
5 by the licensed provider under the interactive
gaming licence;
"gaming Act" means any of the following Acts--
(a) the Casino Control Act 1991;
(b) the Gaming Machine Control Act
10 1991;
(c) the Club Keno Act 1993;
(d) the Gaming and Betting Act 1994;
(e) the Gaming No. 2 Act 1997;
(f) the Lotteries Gaming and Betting Act
15 1966;
"identity", in relation to a person, means name,
address, date of birth or a prescribed aspect
of the person's identity;
"inspector" means a person who is an inspector
20 for the purposes of this Act;
"interactive gaming equipment" means a
machine or other device (whether electronic,
electrical or mechanical), computer software,
or another thing used, or suitable for use, in
25 the conduct of an approved game;
"interactive gaming licence" means a licence
under Part 3;
"interactive game" has the meaning given by
section 5;
30 "licensed provider" means a person who is
licensed under this Act to conduct interactive
games;
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Act No.
"participating jurisdiction" means a State or
Territory that, under an Order under
section 6, is declared to be a participating
jurisdiction;
5 "play" means participate in an interactive game;
"player" means a person who participates in an
interactive game;
"public office", in relation to a licensed provider,
means the licensed provider's principal place
10 of business in the State or, if the licensed
provider is a corporation and has its
registered office in the State, the registered
office;
"registered company auditor" means a person
15 registered as an auditor, or taken to be so
registered, under Part 9.2 of the Corporations
Law;
"TABCORP" means TABCORP Holdings
Limited A.C.N. 063 780 709;
20 "telecommunication device" means--
(a) a computer adapted for communicating
by way of the internet or another
communications network; or
(b) a television receiver adapted to allow
25 the viewer to transmit information by
way of a cable television network or
another communications network; or
(c) a telephone; or
(d) any other electronic device or thing for
30 communicating at a distance;
"wager" means an amount a player pays to
participate in an interactive game or puts at
risk in playing an interactive game;
5
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s. 4
Act No.
"written notice" includes a notice given in the
form of electronic data from which a written
document can be produced or reproduced.
4. Meaning of associate
5 (1) For the purposes of this Act, a person is an
associate of an applicant for an interactive gaming
licence or a licensed provider if the person--
(a) holds or will hold any relevant financial
interest, or is or will be entitled to exercise
10 any relevant power (whether in right of the
person or on behalf of any other person) in
the interactive gaming business of the
applicant or licensed provider and, by virtue
of that interest or power, is able or will be
15 able to exercise a significant influence over
or with respect to the management or
operation of that business; or
(b) holds or will hold any relevant position,
whether in right of the person or on behalf of
20 any other person, in the interactive gaming
business of the applicant or licensed
provider; or
(c) is a relative of the applicant or licensed
provider.
25 (2) In this section--
"relative" means spouse (including de facto
spouse), parent, child or sibling (whether of
the full or half blood);
"relevant financial interest", in relation to a
30 business, means--
(a) any share in the capital of the business;
or
(b) any entitlement to receive any income
derived from the business; or
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s. 5
Act No.
(c) any entitlement to receive any payment
as a result of money advanced;
"relevant position", in relation to a business,
means the position of director, manager or
5 other executive position or secretary,
however that position is designated;
"relevant power" means any power whether
exercisable by voting or otherwise and
whether exercisable alone or in association
10 with others--
(a) to participate in any directorial,
managerial or executive decision; or
(b) to elect or appoint any person to any
relevant position.
15 5. Meaning of interactive game
(1) For the purposes of this Act but subject to sub-
section (2), an interactive game is a game in
which--
(a) a prize consisting of money or something
20 else of value is offered or can be won under
the rules of the game; and
(b) a player--
(i) enters the game or takes any step in the
game by means of a telecommunication
25 device; and
(ii) pays, or undertakes to pay, a monetary
payment or other valuable
consideration to participate in the
game; and
30 (c) the winner of a prize is decided--
(i) wholly or partly by chance; or
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Act No.
(ii) by a competition or other activity in
which the outcome is wholly or partly
dependent on the player's skill.
(2) The following are not interactive games--
5 (a) wagering or an approved betting competition
authorised to be conducted by TABCORP if
the player participates in it by means of a
telecommunications device used in
conducting the wagering or competition;
10 (b) wagering of a kind authorised to be carried
on by a bookmaker registered under the
Racing Act 1958 if the person placing a bet
with the bookmaker places it by means of the
telecommunication device used in carrying
15 on the wagering;
(c) a lottery for the promotion of a trade or
business or a raffle or other lottery, being a
lottery or raffle authorised under the
Gaming No. 2 Act 1997, but not including
20 bingo or lucky envelopes, if the person
making the bet or investment does so by
means of the telecommunications device
used in conducting the lottery or raffle;
(d) club keno within the meaning of the Club
25 Keno Act 1993 if the player participates by
means of a telecommunications device;
(e) a consultation or soccer football pool within
the meaning of the Tattersall Consultations
Act 1958 if the player participates by means
30 of a telecommunication device;
(f) a game approved by the Authority under
section 60 of the Casino Control Act 1991
if the player participates by means of a
telecommunications device;
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Act No.
(g) gaming that is lawful under the Gaming
Machine Control Act 1991 if the player
participates by means of a
telecommunications device;
5 (h) a game in which the player participates by
means of a telecommunications device and
all wagers are returned to players whether as
prizes or otherwise.
6. Participating jurisdictions
10 (1) Subject to this section, the Governor in Council,
on the recommendation of the Minister, by Order
in Council published in the Government
Gazette--
(a) may declare another State or Territory to be
15 a participating jurisdiction for the purposes
of this Act;
(b) may declare a law of another State or
Territory to be a corresponding law for the
purposes of this Act.
20 (2) The Minister must not make a recommendation
for the purposes of sub-section (1) unless the
Minister is satisfied that--
(a) there is in force an agreement between the
Minister and a Minister of the other State or
25 Territory making adequate provision for
administrative arrangements between this
State and the other State or Territory relating
to the administration of this Act and the
proposed corresponding law of the other
30 State or Territory; and
(b) there is in force an agreement between the
Treasurer and the Treasurer of the other
State or Territory making adequate provision
for the taxation of approved games and the
35 sharing of taxation revenue.
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s. 7
Act No.
(3) The Governor in Council, on the recommendation
of the Minister, by Order in Council published in
the Government Gazette may at any time revoke
an Order under sub-section (1).
5 (4) The Minister must make a recommendation for
the purposes of sub-section (3) if satisfied that
there is no longer in force the agreement or
administrative arrangements referred to in sub-
section (2).
10 (5) If there is in force an agreement referred to in sub-
section (2)(b)--
(a) gaming revenue in section 38 does not
include an amount in respect of which a tax
or duty is payable under the corresponding
15 law in accordance with the agreement; and
(b) there shall be paid out of the Consolidated
Fund (which is hereby to the necessary
extent appropriated accordingly) such
amount (if any) as is required to be paid in
20 accordance with the agreement to a
participating State.
7. Territorial application of this Act
(1) This Act applies both within and outside Victoria.
(2) This Act applies outside Victoria to the full extent
25 of the extraterritorial legislative power of the
Parliament.
_______________
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Interactive Gaming (Player Protection) Act 1999
s. 8
Act No.
PART 2--INTERACTIVE GAMING
8. Meaning of approved game
(1) For the purposes of this Act, an approved game is
an interactive game, not being a prohibited game,
5 that--
(a) a licensed provider is authorised to conduct
under this Act; or
(b) a person licensed under a corresponding law
is authorised to conduct under the
10 corresponding law.
(2) If the Minister is satisfied that a game is contrary
to the public interest, the Minister, by notice
published in the Government Gazette, may declare
the game to be a prohibited game.
15 9. Offence to conduct unauthorised interactive gaming
(1) A person must not--
(a) conduct an interactive gaming business at or
from a place in Victoria; or
(b) own, control or operate a computer server in
20 Victoria that enables interactive games to be
played; or
(c) offer or advertise in Victoria the playing of
interactive games; or
(d) seek to obtain a commercial advantage from
25 the use of premises in Victoria for the
playing of interactive games--
unless the person is a licensed provider or is
authorised under a corresponding law and the
person's licence or authority authorises that
30 activity.
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s. 10
Act No.
Penalty: For a first offence, 600 penalty units.
For a second or subsequent offence,
600 penalty units or imprisonment for
2 years or both.
5 (2) For the purposes of sub-section (1), if a wager for
an interactive game is placed at premises or
money is deposited at premises to be held on
behalf of a player for the purposes of interactive
gaming, an interactive gaming business is deemed
10 to be conducted at those premises.
(3) A person who supplies to the public a listed
carriage service (within the meaning of the
Telecommunications Act 1997 of the
Commonwealth) that enables end-users to access
15 the Internet is not guilty of an offence under sub-
section (1)(c) by reason only of hosting or
carrying information--
(a) kept on a data storage device; and
(b) accessed or available for access using that
20 service--
if the person was not aware of that information.
10. Compliance with certain conditions
(1) A licensed provider must not conduct or offer to
conduct an approved game unless--
25 (a) the rules of the game are approved by the
Authority; and
(b) the game is conducted in accordance with
those rules; and
(c) the game is conducted at or from premises
30 approved by the Authority; and
(d) equipment used in conducting the game is
approved by the Authority; and
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s. 11
Act No.
(e) the associates of the licensed provider are
approved by the Authority in accordance
with this Act; and
(f) the licensed provider has an internal control
5 system that is approved by the Authority.
Penalty: 240 penalty units.
(2) The Authority must not approve rules unless it is
satisfied that the rules are fair to players, are
reasonable and are not contrary to the public
10 interest.
11. Player registration and acceptance of wagers
(1) A licensed provider must not permit a person to
play an approved game unless the person is
registered with the provider as a player.
15 Penalty: For a first offence, 600 penalty units.
For a second or subsequent offence,
600 penalty units or imprisonment for
2 years, or both.
(2) A licensed provider must not accept a wager from
20 a player in an approved game unless--
(a) the player is a registered player; and
(b) the funds necessary to cover the amount of
the wager are held by the provider on behalf
of the player.
25 Penalty: 240 penalty units.
12. Procedure for registration
A licensed provider must not register a person
under the age of 18 years as a player.
Penalty: For a first offence, 600 penalty units.
30 For a second or subsequent offence,
600 penalty units or imprisonment for
2 years, or both.
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s. 13
Act No.
13. Verification of player's identity
A licensed provider must not allow a registered
player to play an approved game until the player's
identity has been authenticated in accordance with
5 the conditions of the licence.
Penalty: For a first offence, 600 penalty units.
For a second or subsequent offence,
600 penalty units or imprisonment for
2 years, or both.
10 14. Offence for licensed provider to participate etc
(1) A licensed provider must not participate as a
player in an interactive game conducted by the
provider.
Penalty: 600 penalty units.
15 (2) An employee of a licensed provider must not
participate as a player in an interactive game
conducted by the provider.
Penalty: 240 penalty units.
15. Lawful activities
20 Despite any other law, the following activities are
lawful--
(a) the conduct of an approved game, under this
Act, by a person authorised under this Act or
a corresponding law to conduct the game;
25 (b) the advertisement and promotion (subject to
this Act) of an approved game;
(c) participation (subject to this Act) as a player
in an approved game;
(d) the doing of anything else required or
30 authorised to be done under this Act.
_______________
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Interactive Gaming (Player Protection) Act 1999
s. 16
Act No.
PART 3--INTERACTIVE GAMING LICENCES
16. Application for interactive gaming licence
(1) An application for an interactive gaming
licence--
5 (a) must be made in a form in or to the effect of
the form approved by the Authority; and
(b) must be accompanied by the prescribed fee.
(2) The application must contain or be accompanied
by any additional information that the Authority
10 requests.
(3) If a requirement made by this section is not
complied with, the Authority may refuse to
consider the application.
17. Consideration of application
15 (1) The Authority must consider an application for an
interactive gaming licence and either grant or
refuse to grant the application.
(2) Despite sub-section (1), the Authority is required
to consider an application for an interactive
20 gaming licence by a natural person only if the
applicant agrees to having the applicant's
fingerprints and palm prints taken.
18. Conditions for granting application
(1) The Authority may grant an application for an
25 interactive gaming licence only if the Authority is
satisfied that--
(a) the applicant is a suitable person to hold an
interactive gaming licence; and
(b) the applicant, if a natural person, is over the
30 age of 18 years; and
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s. 19
Act No.
(c) each associate of the applicant is a suitable
person to be associated with a licensed
provider's operations.
(2) The Authority may refuse to grant an application
5 even if the Authority is satisfied of the matters
mentioned in sub-section (1).
19. Suitability of applicant to hold interactive gaming
licence
(1) In deciding whether an applicant is a suitable
10 person to hold an interactive gaming licence, the
Authority may have regard to the following
matters--
(a) the applicant's character or business
reputation;
15 (b) the applicant's current financial position and
financial background;
(c) if the applicant is not a natural person,
whether the applicant has, or has arranged, a
satisfactory ownership, trust or corporate
20 structure;
(d) whether the applicant has, or is able to
obtain, appropriate resources and appropriate
services;
(e) if the applicant has a business association
25 with another entity--
(i) the entity's character or business
reputation; and
(ii) the entity's current financial position
and financial background;
30 (f) anything else prescribed under the
regulations.
(2) In sub-section (1)--
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s. 20
21
Act No.
"appropriate resources" means financial
resources--
(a) adequate, in the Authority's opinion, to
ensure the financial viability of
5 operations conducted under an
interactive gaming licence; and
(b) available from a source that is not, in
the Authority's opinion, tainted with
illegality;
10 "appropriate services" means the services of
persons who have appropriate experience to
ensure the proper and successful conduct of
interactive games.
20. Suitability of associates
15 In deciding whether an associate of an applicant
for an interactive gaming licence is a suitable
person to be associated with a licensed provider's
operations, the Authority may have regard to the
following matters--
20 (a) the person's current financial position and
financial background;
(b) if the person has a business association with
another entity--
(i) the entity's character or business
25 reputation; and
(ii) the entity's current financial position
and financial background;
(c) anything else prescribed under the
regulations.
30 21. Updating of application
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(1) If a change occurs in the information provided in
or in connection with an application for an
interactive gaming licence (including in any
documents lodged with the application), before
5 the application is granted or refused, the applicant
must forthwith give the Authority written
particulars of the change.
Penalty: 60 penalty units.
(2) If particulars of the change are given, those
10 particulars must then be considered to have
formed part of the original application, for the
purposes of the application of sub-section (1) to
any further change in the information provided.
22. Investigations of suitability of persons
15 (1) The Authority may investigate an applicant for an
interactive gaming licence to help the Authority
decide whether the applicant is a suitable person
to hold an interactive gaming licence.
(2) The Authority may investigate an associate of an
20 applicant for an interactive gaming licence to help
the Authority decide whether the associate is a
suitable person to be associated with a licensed
provider's operations.
23. Matters to be considered in determining applications
25 (1) The Authority must not grant an application for an
interactive gaming licence unless satisfied--
(a) that the applicant, and each associate of the
applicant, is a suitable person to be
concerned in or associated with the
30 management and operation of an interactive
gaming business; and
(b) that the applicant has, or has access to, the
technical ability and resources to conduct
interactive games in accordance with a
35 licence.
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s. 24
Act No.
(2) In particular, the Authority must consider
whether--
(a) each applicant and associate of the applicant
is of good repute, having regard to character,
5 honesty and integrity;
(b) in the case of an applicant that is not a
natural person, the applicant has, or has
arranged, a satisfactory ownership, trust or
corporate structure;
10 (c) any of those persons has any business
association with any person, body or
association who or which, in the opinion of
the Authority, is not of good repute having
regard to character, honesty and integrity or
15 has undesirable or unsatisfactory financial
resources;
(d) each director, partner, trustee, executive
officer and secretary and any other officer or
person determined by the Authority to be
20 associated or connected with the ownership,
administration or management of the
operations or business of the applicant is a
suitable person to act in that capacity.
24. Determination of applications
25 (1) The Authority must determine an application by
either granting or refusing the application and
must notify the applicant in writing of its decision.
(2) A licence may be granted subject to any
conditions that the Authority thinks fit.
30 (3) Without limiting the matters to which conditions
may relate, the conditions of a licence may relate
to--
(a) any matter for which provision is made by
this Act but must not be inconsistent with a
35 provision of this Act;
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27
Act No.
(b) approval of games and rules of games;
(c) approval of premises;
(d) approval of equipment;
(e) approval of associates;
5 (f) approval of an internal control system
relating to such matters as the Authority
determines, including the keeping of records,
holding of funds on behalf of players,
financial statements, reports, accounts and
10 prizes.
(4) The Authority is not required to give reasons for
its decision on an application but may give
reasons if it thinks fit.
(5) If an application is granted, the licence is granted
15 subject to the conditions and for the premises
specified in the licence.
25. Changing conditions of licence
The Authority may, by notice in writing given to a
licensed provider, change the conditions of an
20 interactive gaming licence, if the Authority
considers it is necessary or desirable to make the
change for the proper conduct of approved games
by the licensed provider or otherwise in the public
interest.
25 26. Interactive gaming licence not transferable
An interactive gaming licence cannot be
transferred.
27. Surrender of interactive gaming licence
(1) A licensed provider may surrender the licence
30 with the written consent of the Authority.
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(2) The Authority may refuse consent if not satisfied
about the arrangements made by the licensed
provider for the termination of the licensee's
interactive gaming business.
5 28. Grounds for disciplinary action
(1) Each of the following is a ground for disciplinary
action in relation to an interactive gaming
licence--
(a) the licensed provider is not, or is no longer, a
10 suitable person to hold an interactive gaming
licence;
(b) an associate of the licensed provider is not,
or is no longer, a suitable person to be
associated with a licensed provider's
15 operations;
(c) the licensed provider has been found guilty
of an offence against this Act, a gaming Act
or a corresponding law;
(d) the licensed provider has been found guilty
20 of an offence involving fraud or dishonesty,
whether or not in Victoria, the maximum
penalty for which exceeds imprisonment for
3 months;
(e) the licensed provider has contravened a
25 condition of the interactive gaming licence;
(f) the licensed provider has contravened a
provision of this Act or a corresponding law
(being a provision a contravention of which
does not constitute an offence);
30 (g) the licensed provider has failed to discharge
financial obligations to a player or to the
State;
(h) the licensed provider is bankrupt, has
compounded with creditors or otherwise
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29
Act No.
taken, or applied to take, advantage of any
law about bankruptcy;
(i) the licensed provider is affected by control
action under the Corporations Law;
5 (j) the interactive gaming licence was obtained
by a materially false or misleading
representation or in some other improper
way;
(k) the circumstances existing as prescribed.
10 (2) For the purposes of forming the belief that the
ground mentioned in sub-section (1)(a) exists, the
Authority may have regard to the same matters to
which the Authority may have regard in deciding
whether an applicant is a suitable person to hold
15 an interactive gaming licence.
(3) For the purposes of forming the belief that the
ground mentioned in sub-section (1)(b) exists, the
Authority may have regard to the same matters to
which the Authority may have regard in deciding
20 whether an associate of an applicant is a suitable
person to be associated with a licensed provider's
operations.
(4) For the purposes of sub-section (1)(i), a licensed
provider is affected by control action under the
25 Corporations Law if the licensed provider--
(a) has executed a deed of company
arrangement under the Corporations Law; or
(b) is the subject of a winding-up (whether
voluntarily or under a court order) under the
30 Corporations Law; or
(c) is the subject of an appointment of an
administrator, liquidator, receiver or receiver
and manager under the Corporations Law.
29. Cancellation, suspension or variation of licence
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(1) In this section--
"disciplinary action" means the cancellation or
suspension of an interactive gaming licence,
the variation of the terms of a licence, the
5 issuing of a letter of censure or the
imposition of a fine not exceeding $50 000;
"grounds for disciplinary action" in relation to
an interactive gaming licence means any of
the grounds referred to in section 28.
10 (2) The Authority may serve on a licensed provider a
notice in writing affording the provider an
opportunity to show cause within 28 days why
disciplinary action should not be taken on grounds
for disciplinary action specified in the notice.
15 (3) The licensed provider, within the period allowed
by the notice, may arrange with the Authority for
the making of submissions to the Authority as to
why disciplinary action should not be taken and
the Authority must consider any submissions so
20 made.
(4) The Authority may then take disciplinary action
against the licensed provider as the Authority sees
fit and does so by giving written notice to the
provider--
25 (a) of the cancellation or suspension of the
licence or the variation of the terms of the
licence; or
(b) in the form of a letter of censure; or
(c) of a fine.
30 (5) The cancellation, suspension or variation of a
licence under this section takes effect when the
notice is given or on a later date specified in the
notice.
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(6) A letter of censure may censure the licensed
provider in respect of any matter connected with
the operation of the interactive gaming business
and may include a direction to the provider to
5 rectify within a specified time any matter giving
rise to the letter of censure.
(7) If any direction given under sub-section (6) is not
complied with in the specified time, the Authority
may, by giving written notice to the licensed
10 provider, cancel, suspend or vary the terms of the
provider's licence without affording the provider a
further opportunity to be heard.
(8) The Authority may suspend a licensed provider's
licence by notice in writing given to the provider
15 if the Authority is satisfied that--
(a) the provider; or
(b) if the provider is a body corporate, an officer
or director of the provider--
has been charged with--
20 (c) an offence against this Act or a gaming Act
or an offence against regulations made under
this Act or a gaming Act; or
(d) an offence arising out of or in connection
with the management or operation of an
25 interactive gaming business; or
(e) an indictable offence or an offence which, if
committed in Victoria, would be an
indictable offence, the nature and
circumstances of which, in the opinion of the
30 Authority, relate to the management or
operation of a gaming business.
(9) The Authority may, at any time, terminate or
reduce a period of suspension imposed under sub-
section (8).
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(10) An interactive gaming licence is of no effect for
the purposes of Part 2 while it is suspended.
(11) A fine imposed under this section may be
recovered as a debt due to the State.
5 30. On-going monitoring of associates and others
(1) The Authority may from time to time
investigate--
(a) an associate, or a person likely to become an
associate, of a licensed provider; or
10 (b) any person, body or association having a
business association with a person referred to
in paragraph (a).
(2) A licensed provider must--
(a) notify the Authority in writing that a person
15 is likely to become an associate as soon as
practicable after the licensed provider
becomes aware of the likelihood; and
(b) ensure that a person does not become an
associate within the meaning of section
20 4(1)(a) or (b) except with the prior approval
in writing of the Authority.
(3) If--
(a) the Authority, having regard to the matters
referred to in sub-section (4), determines that
25 an associate is unsuitable to be concerned in
or associated with the business of the
licensed provider; and
(b) the associate is a person referred to in
section 4(1)(a) or (b)--
30 the Authority may, by notice in writing, require
the associate to terminate the association with the
licensed provider.
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31
Act No.
(4) In particular, the Authority must consider whether
the associate--
(a) is of good repute, having regard to character,
honesty and integrity;
5 (b) is of sound and stable financial background;
(c) has any business association with any
person, body or association who or which, in
the opinion of the Authority, is not of good
repute having regard to character, honesty
10 and integrity or has undesirable or
unsatisfactory financial resources.
(5) If the association is not terminated within 14 days
from the date of the notice referred to in sub-
section (3), the Authority may, by notice in
15 writing, direct the licensed provider to take all
reasonable steps to terminate the association and
the licensed provider must comply with the
direction within 14 days or any longer period
agreed with the Authority.
20 (6) The Authority--
(a) may require an associate or a person likely to
become an associate to consent to having his
or her photograph, finger prints and palm
prints taken; and
25 (b) must refer a copy of such photograph, finger
prints and palm prints and any supporting
documents to the Chief Commissioner of
Police.
31. Investigations
30 (1) The Authority may investigate a licensed provider
to help the Authority decide whether the licensed
provider is a suitable person to hold, or to
continue to hold, an interactive gaming licence.
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(2) The Authority may investigate a business or
executive associate of a licensed provider to help
the Authority decide whether the person is, or
continues to be, a suitable person to be associated
5 with a licensed provider's operations.
(3) However, the Authority may investigate a
licensed provider only if the Authority reasonably
suspects the licensed provider is not, or is no
longer, a suitable person to hold an interactive
10 gaming licence.
(4) Also, the Authority may investigate a business or
executive associate of a licensed provider only
if--
(a) the Authority reasonably suspects the person
15 is not, or is no longer, a suitable person to be
associated with a licensed provider's
operations; or
(b) the person became a business or executive
associate of the licensed provider after the
20 issue of the interactive gaming licence.
32. Requirement to give information or document for
investigation
(1) In investigating a licensed provider, or a business
or executive associate of a licensed provider, the
25 Authority may, by written notice given to the
person, require the person to give the Authority
information or a document the Authority
considers relevant to the investigation.
(2) When making the requirement, the Authority must
30 warn the person it is an offence to fail to comply
with the requirement, unless the person has a
reasonable excuse.
(3) The person must comply with the requirement,
unless the person has a reasonable excuse.
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Penalty: 240 penalty units.
(4) It is a reasonable excuse for the person not to
comply with the requirement if complying with
the requirement might tend to incriminate the
5 person.
(5) The person does not commit an offence against
this section if the information or document sought
by the Authority is not in fact relevant to the
investigation.
10 33. Power to executors, trustees etc. to carry on business
under licence
(1) Any of the following persons may apply to the
Authority to have their name endorsed on a
licence--
15 (a) a person who is, or intends to become, the
legal personal representative of a deceased
licensed provider;
(b) the guardian or administrator appointed
under the Guardianship and
20 Administration Act 1986 in respect of a
licensed provider who is a represented
person within the meaning of that Act;
(c) the official receiver, trustee or assignee of a
licensed provider who becomes bankrupt or
25 applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors,
compounds with creditors or makes an
assignment of remuneration for their benefit;
(d) a receiver and manager or an administrator
30 who is appointed in respect of a licensed
provider that is a body corporate;
(e) an official liquidator or provisional
liquidator who is appointed in respect of a
licensed provider that is a body corporate.
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s. 34
35
Act No.
(2) If--
(a) the Authority is satisfied that the applicant is
a suitable person to carry on the business of
the licensed provider; and
5 (b) the prescribed fee is paid--
the Authority must cause the licence to be
endorsed accordingly.
(3) If a person referred to in sub-section (1) does not
apply to the Authority under that sub-section in
10 respect of a licence, the Authority may cause the
licence to be endorsed with the name of a person
nominated by the Authority.
34. Effect of endorsements
A person whose name is endorsed on a licence
15 under section 33 may carry on the business of
interactive gaming authorised by the licence until
the expiration of 6 months after the endorsement
is made and is subject to the same duties,
liabilities, obligations, disqualifications and
20 penalties as if the person were a licensed provider.
35. Licence lapses if not endorsed
If a licensed provider dies or becomes bankrupt or
applies to take the benefit of any law for the relief
of bankrupt or insolvent debtors, compounds with
25 creditors or makes an assignment of remuneration
for their benefit or becomes a represented person
within the meaning of the Guardianship and
Administration Act 1986, the licence ceases to
have force at the end of the period of 90 days after
30 the happening of the event or such longer period
as the Authority in any particular case allows,
unless the licence is endorsed under section 33.
_______________
29
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s. 36
38
Act No.
PART 4--RETURNS TO PLAYERS, SUPERVISION CHARGES
AND TAX
36. Returns to players
(1) A licensed provider must ensure that the pay-out
5 table on interactive games is set so as to return to
players the players' proportion of the total
amounts wagered each year on interactive games
conducted by the licensed provider.
(2) The players' proportion is--
10 (a) not less than 85 per centum; or
(b) if the Authority so determines in accordance
with sub-section (3), a fixed percentage
greater than 85 per centum.
(3) A determination under sub-section (2)--
15 (a) must be made by notice published in the
Government Gazette; and
(b) must be expressed to have effect on and after
a specified date.
37. Liability to supervision charge
20 (1) A licensed provider must pay to the Treasurer a
supervision charge in such instalments in respect
of such periods in each financial year as the
Treasurer determines from time to time.
(2) The supervision charge is such amount in respect
25 of each financial year as the Treasurer, after
consultation with the Minister, determines having
regard to the reasonable costs and expenses in
respect of the financial year incurred by the
Authority in carrying out its functions and powers
30 under this Act.
(3) The supervision charge is a tax.
38. Interactive gaming tax
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(1) A licensed provider must, in respect of each
month, pay to the Authority to be paid into the
Consolidated Fund, 50 per centum or, if another
percentage is prescribed, the prescribed
5 percentage, of the provider's gaming revenue in
respect of that month.
(2) A payment under sub-section (1) in respect of a
month must be made not later than the seventh
day of the following month.
10 (3) If, in respect of a month, the amount of all prizes
payable by the licensed provider exceeds the total
of gaming revenue received by the provider in that
month, the amount of the excess may be applied
to reduce the gaming revenue for the next or a
15 subsequent month for the purpose of determining
the amount payable under sub-section (1).
(4) In this section--
"gaming revenue", in relation to a month, means
the total amount wagered on interactive
20 games conducted by the licensed provider
during that month less--
(a) the sum of all prizes paid from that total
amount (other than prizes paid from a
jackpot special prize pool); and
25 (b) the sum of amounts determined under
the rules of the interactive games for
payment in respect of that total amount
wagered to a jackpot special prize pool;
"jackpot" means winnings payable from money
30 that accumulates as contributions are made
to a special prize pool.
39. Returns for calculation of tax
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(1) Within 7 days after the end of each month, a
licensed provider must give the Authority a return
in a form approved by the Authority containing--
(a) the information for calculating the amount
5 payable by the licensed provider under
section 38 in respect of the preceding month;
and
(b) any prescribed information.
Penalty: 60 penalty units.
10 (2) If a licensed provider does not give the Authority
a return in accordance with sub-section (1), the
Authority may by notice given to the provider,
determine the information for the purposes of
calculating the amount payable by the provider
15 under section 38 in respect of the preceding
month.
40. Penalty for late payment
A licensed provider must pay to the Authority
interest on an amount payable under section 38 or
20 on a licence fee that is outstanding (the "unpaid
amount") 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.
41. Recovery of amounts
25 An amount payable under section 38, a licence fee
or a penalty payable under section 40 is a debt
payable to the State and may be recovered by
action in a court of competent jurisdiction.
42. Revenue offences
30 (1) A licensed provider must not--
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(a) evade the payment of an amount payable by
the licensed provider under section 38 or a
licence fee; or
(b) give the Authority a return containing
5 information the licensed provider knows to
be false, misleading or incomplete in a
material particular.
Penalty: For a first offence, 600 penalty units.
For a second or subsequent offence,
10 600 penalty units or imprisonment for
2 years, or both.
(2) Sub-section (1)(b) does not apply to a licensed
provider if the licensed provider, when giving the
return--
15 (a) informs the Authority in writing, to the best
of the licensed provider's ability, how the
return is false, misleading or incomplete; and
(b) if the licensed provider has, or can
reasonably obtain, the correct information,
20 gives the correct information.
(3) It is sufficient for a complaint for an offence
against sub-section (1) to state that the document
was false, misleading or incomplete to the
defendant's knowledge.
25 _______________
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s. 43
Act No.
PART 5--COMPLIANCE REQUIREMENTS
43. Directions
The Authority may, by written notice given to
licensed providers, give directions about the
5 conduct of authorised games by licensed
providers.
44. Players funds
A licensed provider must, at the request of the
registered player or the personal representatives of
10 the registered player, remit funds of the player
held by the licensed provider on behalf of the
player as directed by the player no later than the
first business day after the request is received.
Penalty: 60 penalty units.
15 45. Licensed provider not to act as credit provider
A licensed provider must not provide credit to a
player.
Penalty: For a first offence, 600 penalty units.
For a second or subsequent offence,
20 600 penalty units or imprisonment for
2 years, or both.
46. Funds held on behalf of players
A licensed provider must not have recourse to
funds held on behalf of a player except as
25 follows--
(a) to debit to the funds of the player a wager
made by the player or an amount the player
indicates the player wants to wager in the
course of an approved game the player is
30 playing or about to play;
(b) to remit funds of the player at the player's
request; or
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Act No.
(c) as otherwise authorised under this Act.
Penalty: For a first offence, 600 penalty units.
For a second or subsequent offence,
600 penalty units or imprisonment for
5 2 years, or both.
47. Inactive players
If no transaction has been recorded on behalf of a
player for a period of 2 years, the licensed
provider must remit any funds held on behalf of
10 the player, or if the player cannot be found, must
deal with the amount as unclaimed moneys under
the Unclaimed Moneys Act 1962.
48. Limitation on amount wagered
(1) A registered player may, by notice to a licensed
15 provider, set a limit on the amount the player may
wager.
(2) A player who has set a limit under this section
may change or revoke the limit by written notice
given to the licensed provider.
20 (3) A notice increasing or revoking the limit does not
have effect unless--
(a) 7 days have passed since the provider
received the notice; and
(b) the player has not notified the provider of an
25 intention to withdraw the notice.
(4) A notice reducing the limit has effect on its
receipt by the licensed provider.
(5) A licensed provider must not accept a wager from
a player contrary to a limit set for the player under
30 this section.
Penalty: 240 penalty units.
35
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49. Self-exclusion order
(1) If a person gives notice in writing to a licensed
provider to the effect that the person is not to be
permitted to play an interactive game conducted
5 by the licensed provider, the licensed provider--
(a) must give a copy of the notice to the
Authority; and
(b) must not permit the person to play an
interactive game conducted by the licensed
10 provider unless the notice is revoked in
accordance with this section.
(2) If the Authority receives a notice from a licensed
provider under sub-section (1), the Authority must
give a copy to each other licensed provider and to
15 the relevant authority in each participating
jurisdiction.
(3) If the Authority receives a notice from the
relevant authority in a participating jurisdiction
under a provision of a corresponding law
20 corresponding to this section, the Authority must
give a copy of the notice to each licensed
provider.
(4) A licensed provider that receives a copy of a
notice under sub-section (2) or (3) must not permit
25 the person to whom the notice relates to play an
interactive game conducted by the provider unless
the notice is revoked in accordance with this
section or the corresponding law.
(5) A person may revoke a notice given under sub-
30 section (1) by giving notice to that effect to the
licensed provider.
(6) A notice under sub-section (5) does not take effect
unless--
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(a) 7 days have passed since the person gave the
notice; and
(b) the person has not withdrawn the notice.
(7) A licensed provider must not accept a wager from
5 a person in respect of whom a notice under sub-
section (1) or under a corresponding provision of
a corresponding law is in effect.
Penalty: 240 penalty units.
50. Disposal of unclaimed non-monetary prizes
10 (1) This section applies to a non-monetary prize in an
approved game conducted by a licensed provider
that is not collected within 3 months after
notification of the place at which it may be
collected.
15 (2) The licensed provider--
(a) may dispose of the prize by public auction or
tender or in some other way approved by the
Authority; and
(b) may pay for the disposal from the proceeds
20 of sale; and
(c) must--
(i) pay the remainder of the proceeds to
the relevant player or former player; or
(ii) if the licensed provider is unaware of
25 the whereabouts of the relevant player
or former player, pay the remainder of
the proceeds in accordance with the
Unclaimed Moneys Act 1962.
51. Claims for prize
30 (1) If a claim for a prize in an approved game is made
to a licensed provider within 2 years after the end
of the game, the licensed provider must--
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s. 52
Act No.
(a) immediately try to resolve the claim; and
(b) if the licensed provider is not able to resolve
the claim, by written notice (a "claim result
notice") given to the claimant, promptly
5 inform the claimant--
(i) of the licensed provider's decision on
the claim; and
(ii) that the person may, within 10 days of
receiving the notice, ask the Authority
10 to review the decision.
(2) If the claim is not resolved, the claimant may ask
the Authority to review the licensed provider's
decision on the claim, or if the claimant has not
received a claim result notice, to resolve the
15 claim.
(3) A request to the Authority under sub-section (2)--
(a) must be in the approved form; and
(b) if the claimant received a claim result notice,
must be made within 10 days after receiving
20 the notice.
(4) If a request is made to the Authority, the
Authority may carry out investigations the
Authority considers necessary to resolve matters
in dispute.
25 52. Entitlement to prize lapses if not claimed within
2 years
If a prize is not claimed within 2 years after the
end of the approved game in which the prize was
won, the licensed provider must pay the amount of
30 the prize in accordance with the Unclaimed
Moneys Act 1962.
53. Power to withhold prize in certain cases
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Act No.
(1) If a licensed provider has reason to believe that
the result of an approved game has been affected
by an illegal activity or malfunction of equipment,
the licensed provider may withhold a prize in the
5 game.
(2) If a licensed provider withholds a prize under this
section, the licensed provider--
(a) must immediately inform the Authority of
the circumstances of the incident; and
10 (b) must not conduct a further game if a
recurrence of the illegality or malfunction is
likely.
(3) After investigating the incident, the Authority
may, by written notice to the licensed provider--
15 (a) direct the licensed provider to pay the prize;
or
(b) confirm the licensed provider's decision to
withhold the prize, but direct the licensed
provider to refund amounts wagered in the
20 game.
(4) The licensed provider must comply with a
direction under sub-section (3).
54. Inquiries about complaints
(1) A licensed provider must inquire into--
25 (a) a complaint made to the licensed provider by
a person about--
(i) the conduct of an approved game by the
licensed provider; or
(ii) the conduct of an agent of the licensed
30 provider in operations related to an
approved game; or
(b) a complaint referred to the licensed provider
by the Authority under sub-section (3).
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Penalty: 60 penalty units.
(2) Within 21 days after the complaint is received by,
or referred to, the licensed provider, the licensed
provider must give written notice of the result of
5 the inquiry to--
(a) the complainant; and
(b) if the complaint was referred to the licensed
provider by the Authority, the Authority.
Penalty: 60 penalty units.
10 (3) If a complaint is made to the Authority about the
conduct of an approved game, or the conduct of
an agent in operations related to an approved
game, the Authority must promptly--
(a) inquire into the complaint; or
15 (b) if the Authority considers it appropriate--
(i) refer the complaint to the licensed
provider who conducted the game; or
(ii) if the approved game is conducted by
an external provider, refer the
20 complaint to the relevant participating
regulator.
(4) The Authority must promptly advise the
complainant of--
(a) the result of the Authority's inquiry; or
25 (b) the Authority's decision to refer the
complaint to the licensed provider or a
participating regulator.
(5) A complaint must--
(a) be in writing; and
30 (b) state the complainant's name and address;
and
(c) give appropriate details of the complaint.
40
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s. 55
Act No.
55. Authority's power to restrict participation in approved
games by gaming officials
(1) The Authority may, by written notice given to a
person employed in the administration of this Act,
5 direct the employee--
(a) not to participate as a player in an approved
game; or
(b) not to participate as a player in an approved
game except in stated circumstances or for
10 stated purposes.
(2) A person employed in the administration of this
Act must not participate as a player in an
approved game in contravention of a direction
under this section.
15 Penalty: 60 penalty units.
_______________
41
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s. 56
Act No.
PART 6--INVESTIGATION AND ENFORCEMENT
56. Inspectors
A person holding an appointment under Part 10 of
the Gaming and Betting Act 1994 is an inspector
5 for the purposes of this Act.
57. Rights of inspector in certain premises
(1) An inspector may at any time enter and remain on
the premises of a licensed provider for the
purposes of doing any one or more of the
10 following--
(a) observing any of the operations on such
premises relating to the conduct of
interactive games;
(b) ascertaining whether the operation of any
15 such premises is being properly conducted,
supervised and managed;
(c) ascertaining whether the provisions of this
Act and the regulations are being complied
with;
20 (d) in any other respect, exercising his or her
functions under this Act.
(2) An inspector who enters premises under sub-
section (1) is not authorised to remain on the
premises if, on the request of the licensed
25 provider, the inspector does not show his or her
identity card to the licensed provider.
58. Functions of inspectors
(1) The functions of inspectors under this Act are as
follows--
30 (a) to supervise operations on the premises of
licensed providers and to inspect the gaming
equipment used and records kept in such
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s. 59
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premises, for the purpose of ascertaining
whether or not the licensed provider is
complying with the provisions of this Act,
the conditions of the licence, and any
5 directions issued by the Authority under this
Act;
(b) to assist in any other manner, where
necessary, in the detection of offences
committed against this Act;
10 (c) to report to the Authority as required;
(d) such other functions as are conferred on
inspectors under this Act.
(2) Inspectors must not participate in interactive
gaming while on duty other than as required in the
15 course of their employment.
Penalty applying to this sub-section: 20 penalty
units.
59. Powers of inspectors
(1) An inspector may do any one or more of the
20 following--
(a) require any person in possession of, or
having control of, any interactive gaming
equipment or records to produce the
equipment or records for inspection and to
25 answer questions or provide information
relating to the equipment or records;
(b) inspect any interactive gaming equipment or
records and take copies of, extracts from, or
notes relating to, any records;
30 (c) if the inspector considers it necessary to do
so for the purpose of obtaining evidence of
the commission of an offence, seize any
interactive gaming equipment or records;
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(d) by notice in writing require--
(i) the licensed provider; or
(ii) any other person associated with
operations or their management in
5 premises the inspector is authorised to
enter--
to attend before the inspector at a specified
time or place and answer questions, or
provide information, with respect to
10 operations on the premises;
(e) examine and test any interactive gaming
equipment in such premises and order the
person in charge of the premises to withdraw
unsatisfactory interactive gaming equipment
15 from use on the premises;
(f) if the inspector is not a member of the police
force, call to his or her aid a member of the
police force if he or she is obstructed, or
believes on reasonable grounds that he or she
20 will be obstructed, in the exercise of his or
her functions;
(g) any other thing authorised under this Act to
be done by an inspector.
(2) If an inspector seizes interactive gaming
25 equipment or records under this section, they may
be retained by the inspector until the completion
of any proceedings (including proceedings on
appeal) in which they may be evidence but only if,
in the case of records, the person from whom the
30 records were seized is provided, within a
reasonable time after the seizure, with a copy of
the records certified by an inspector as a true
copy.
(3) Sub-section (2) ceases to have effect in relation to
35 things seized if, on the application of a person
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aggrieved by the seizure, the court in which
proceedings referred to in that sub-section are
instituted so orders.
(4) A copy of records provided under sub-section (2)
5 is, as evidence, of equal validity to the records of
which it is certified to be a copy.
(5) A person is not required by this section to answer
a question that might incriminate the person.
60. Search warrants
10 (1) An inspector, not being a member of the police
force, with the consent of the Authority may apply
to a magistrate for the issue of a search warrant if
the inspector believes on reasonable grounds--
(a) that there are on any premises interactive
15 gaming equipment or records--
(i) in relation to which an offence has
been, is being, or is likely to be,
committed; or
(ii) that those articles may be evidence of
20 an offence; or
(b) that there is or has been a contravention of
this Act or the regulations on any premises
other than the premises of a licensed
provider.
25 (2) A magistrate to whom such an application is
made, if satisfied by evidence on oath or by
affidavit that there are reasonable grounds for
doing so, may issue in accordance with the
Magistrates' Court Act 1989 a search warrant in
30 the prescribed form authorising an inspector or
member of the police force named in the warrant
and any assistants to enter the premises, or part of
premises, specified in the warrant, for the purpose
of searching for and seizing interactive gaming
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equipment or records referred to in sub-section
(1).
(3) A search warrant issued under this section ceases
to have effect at the expiration of one month after
5 its issue.
61. Offences relating to obstruction etc. of inspectors
(1) A person must not--
(a) assault, obstruct, hinder, threaten, abuse,
insult or intimidate an inspector when the
10 inspector is exercising or attempting to
exercise his or her functions under this Act;
or
(b) fail to produce for inspection any interactive
gaming equipment or records in the
15 possession or under the control of the person
when required so to do by an inspector in the
exercise of his or her functions under this
Act; or
(c) fail without reasonable excuse to attend
20 before an inspector and answer questions or
supply information when required so to do
by the inspector in the exercise of his or her
functions under this Act; or
(d) except with the permission of an inspector,
25 take any interactive gaming equipment or
records seized, impounded or retained under
the authority of this Act; or
(e) when directed by an inspector, in the
exercise of his or her functions under this
30 Act, to cease to have available for use any
interactive gaming equipment considered by
the inspector to be unsatisfactory for use, fail
to comply with the direction; or
(f) prevent, directly or indirectly, a person from
35 attending before an inspector, producing to
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an inspector any interactive gaming
equipment or records or answering any
question of, or supplying any information to
an inspector when that person is required to
5 do so under this Act.
Penalty: 60 penalty units.
(2) If an inspector requires a person at the premises of
a licensed provider to state his or her full name
and residential address the person must not--
10 (a) fail to comply with the requirement; or
(b) in purported compliance with the
requirement, state a name or address that is
false.
Penalty: 60 penalty units.
15 (3) An inspector is not authorised to require a person
at premises referred to in sub-section (2) to state
his or her full name or residential address unless
the inspector--
(a) suspects on reasonable grounds that the
20 person has committed an offence; and
(b) has informed the person, at the time of
stating the requirement, that it is an offence
to fail to comply with the requirement.
62. Evidence
25 (1) In proceedings under this Act, an assertion--
(a) that, at a specified time or during a specified
period, a specified person was the Minister
administering this or any other Act;
(b) that, at a specified time or during a specified
30 period, a specified person held, or is acting
in, a specified office;
(c) that a signature purporting to be the
signature of a Minister, a member of the
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Authority, an inspector or a member of the
police force is the signature it purports to be.
(d) that, at a specified time or during a specified
period, a specified person was, or was not,
5 the holder of a specified licence under this
Act; or
(e) that, at a specified time, a person attained a
specified age or that, at a specified time or
during a specified period, a specified person
10 was under or over a specified age--
is evidence of the fact or facts asserted.
(2) In proceedings under this Act--
(a) a document purporting to be a copy of a
direction, notice, order, requirement or
15 decision given or made under this Act is
evidence of a direction, notice, order,
requirement or decision of which it purports
to be a copy;
(b) a document purporting to be a copy of a
20 licence under this Act is evidence of a
licence of which it purports to be a copy; and
(c) evidence that a person accepted service of a
document is evidence of the authority of the
person to accept service of the document.
25 63. Offences by corporation
(1) If a corporation contravenes any provision of this
Act, each person who is a director of the
corporation or who is concerned in the
management of the corporation is to be taken to
30 have contravened the same provision if the person
knowingly authorised or permitted the
contravention.
(2) A person may be proceeded against and convicted
under a provision in accordance with sub-section
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(1) whether or not the corporation has been
proceeded against or convicted under that
provision.
(3) Nothing in this section affects any liability
5 imposed on a corporation for an offence
committed by the corporation against this Act.
64. Proceedings
(1) A proceeding for an offence against this Act (or
the regulations) may only be brought by--
10 (a) a member of the police force; or
(b) a person authorised to do so, either generally
or in a particular case, by the Authority.
(2) In a proceeding for an offence against this Act it
must be presumed, in the absence of evidence to
15 the contrary, that the person bringing the
proceeding was authorised to bring it.
65. Information gathering for law enforcement purposes
(1) For the purpose of obtaining information that may
be of assistance to a law enforcement agency, the
20 Authority may direct a licensed provider in
writing to provide the Authority with information
obtained by the licensed provider concerning their
operations.
(2) A direction under sub-section (1) may relate to
25 particular information or to information generally
and may relate to particular or general information
concerning a specified person.
(3) The direction must specify--
(a) the kind of information that the licensed
30 provider is required to provide; and
(b) the manner in which and time within which
the information is to be provided.
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(4) It is a condition of a licensed provider's licence
that the provider must comply with such a
direction.
(5) The Authority may make information obtained by
5 the Authority under this section available to any
law enforcement agency.
(6) In this section--
"law enforcement agency" means--
(a) the police force of this or any other
10 State or of a Territory; or
(b) the Australian Federal Police; or
(c) the National Crime Authority; or
(d) the New South Wales Crime
Commission; or
15 (e) any other authority or person
responsible for the enforcement of the
laws of the Commonwealth or of this or
any other State or of a Territory.
66. Authority may hold inquiries
20 (1) For the purpose of the exercise of its functions
under this Act, the Authority may hold inquiries
in public or in private, being inquiries presided
over by one or more members of the Authority.
(2) For the purposes of holding an inquiry, the
25 Authority shall be deemed to be a board appointed
by the Governor in Council and Division 5 of
Part I (including section 21A) of the Evidence
Act 1958 applies accordingly.
67. Representation
30 A person may appear at an inquiry personally or
by a duly qualified legal practitioner.
_______________
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PART 7--APPEALS
68. Review by Victorian Civil and Administrative
Tribunal
(1) A person whose interests are affected by a
5 decision of the Authority under this Act, other
than a non-reviewable decision, may apply to the
Victorian Civil and Administrative Tribunal for
review of the decision.
(2) An application for review must be made within
10 28 days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for
15 the decision, the day on which the statement
of reasons is given to the person or the
person is informed under section 46(5) of
that Act that a statement of reasons will not
be given.
20 (3) In this section--
"non-reviewable decision" means a decision to
approve, or refuse to approve, an interactive
game or the rules of an interactive game or a
decision about probity or a decision under
25 Part 4.
_______________
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PART 8--MISCELLANEOUS
69. Secrecy
(1) Subject to sub-section (3), a person must not
directly or indirectly, except in the performance of
5 duties or exercise of powers under this Act, make
a record of, or divulge to any person, any
information with respect to the affairs of another
person acquired by the first-mentioned person in
the performance of those duties or exercise of
10 those powers.
Penalty: 50 penalty units.
(2) Subject to sub-section (5), a person is not, except
for the purposes of this Act, required--
(a) to produce in a court a document that has
15 come into his or her possession or under this
or her control; or
(b) to divulge to a court any information that has
come to his or her notice--
in the performance of duties or exercise of powers
20 under this Act.
(3) A person may--
(a) divulge specified information to such
persons as the Minister directs if the Minister
certifies that it is necessary in the public
25 interest that the information should be so
divulged; or
(b) divulge information to a prescribed authority
or prescribed person; or
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(c) divulge information to a person who is
expressly or impliedly authorised by the
person to whom the information relates to
obtain it.
5 (4) An authority or person to whom information is
divulged under sub-section (3), and a person or
employee under the control of that authority or
person, is subject, in respect of that information,
to the same rights, privileges, obligations and
10 liabilities under this section as if that authority,
person or employee were a person performing
duties under this Act and had acquired the
information in the performance of those duties.
(5) Nothing in this section or any other Act applies to
15 prohibit or restrict--
(a) the giving of statistical information with
respect to gambling in Victoria; or
(b) the giving of the names of all licensed
providers--
20 to the Authority or the Minister or the publication
of any such information.
(6) If--
(a) the Minister certifies that it is necessary in
the public interest that specified information
25 should be divulged to a court; or
(b) a person to whom information relates has
expressly authorised it to be divulged to a
court--
a person may be required--
30 (c) to produce in the court any document
containing the information; or
(d) to divulge the information to the court.
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(7) In this section--
"court" includes any tribunal, authority or person
having power to require the production of
documents or the answering of questions;
5 "produce" includes permit access to.
70. Destruction of finger prints and palm prints
(1) Any finger prints or palm prints obtained by the
Authority under this Act and any copies of them
must be destroyed by the Authority as soon as the
10 Authority has no further use for them.
(2) The Authority is to be considered to have no
further use for them if--
(a) they were obtained in connection with an
application for a licence and the application
15 is refused; or
(b) the licence in connection with which they
were obtained is cancelled, surrendered or no
longer in force.
71. Delegation
20 (1) The Authority may, by instrument under its
official seal, delegate to one or more members of
the Authority or to the Director of Gaming and
Betting appointed under the Gaming and Betting
Act 1994 any function of the Authority under this
25 Act other than this power of delegation or a
function or power under section 16, 21, 25, 27
or 35.
(2) The Authority must publish in its annual report all
delegations under sub-section (1) during the
30 previous year.
72. Regulations
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The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
necessary to be prescribed to give effect to this
5 Act.
_______________
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PART 9--CONSEQUENTIAL AMENDMENTS
73. Gaming and Betting Act 1994
(1) After section 64(3)(d) of the Gaming and Betting
Act 1994 insert--
5 "or
(e) that is an interactive game within the
meaning of the Interactive Gaming (Player
Protection) Act 1999.".
(2) In section 104(1) of the Gaming and Betting Act
10 1994, after "1993" insert ", Interactive Gaming
(Player Protection) Act 1999".
74. New section 225A inserted
After section 225 of the Gaming and Betting Act
1994 insert--
15 "225A. Inspectors
A person who is an inspector under section
104 immediately before the commencement
of section 73 of the Interactive Gaming
(Player Protection) Act 1999 is deemed to
20 have been appointed as an inspector for the
purposes of that Act.".
75. Casino Control Act 1991
In section 3(1) of the Casino Control Act 1991--
(a) in the definition of "gaming equipment",
25 after paragraph (d) insert--
"--
but does not include interactive gaming
equipment within the meaning of the
Interactive Gaming (Player Protection)
30 Act 1999 that is used or intended to be used
for the purposes of interactive games within
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the meaning of that Act and not for gaming
of any other kind";
(b) in the definition of "gaming machine", after
"sub-section (3)" insert "but does not
5 include interactive gaming equipment within
the meaning of the Interactive Gaming
(Player Protection) Act 1999 that is used or
intended to be used for the purposes of
interactive games within the meaning of that
10 Act and not for gaming of any other kind.".
76. Gaming Machine Control Act 1991
In section 3(1) of the Gaming Machine Control
Act 1991, in the definition of "gaming machine",
after "Act 1997" insert "or interactive gaming
15 equipment within the meaning of the Interactive
Gaming (Player Protection) Act 1999 that is
used or intended to be used for the purposes of
interactive games within the meaning of that Act
and not for gaming of any other kind".
20 77. Gaming No. 2 Act 1997
In section 3 of the Gaming No. 2 Act 1997--
(a) in the definition of "gaming", after "play at
games" insert "but does not include playing
an interactive game within the meaning of
25 the Interactive Gaming (Player
Protection) Act 1999";
(b) in the definition of "lucky envelope vending
machine" after "Act 1991" insert "or
interactive gaming equipment within the
30 meaning of the Interactive Gaming (Player
Protection) Act 1999 that is used or
intended to be used for the purposes of
interactive games within the meaning of that
Act and not for gaming of any other kind".
35
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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