CASINO CONTROL ACT 1991 - SECT 3 Definitions
CASINO CONTROL ACT 1991 - SECT 3
Definitions(1) In this Act—
S. 3(1) def. of alternative cash access facility inserted by No. 32/2012 s. 31(1).
"alternative cash access facility" means a facility that—
(a) enables a person to debit his or her funds without a person employed or engaged by the casino enabling the debit of those funds; and
(b) issues a receipt or other authority requiring the casino to pay to that person cash representing the amount debited;
S. 3(1) def. of approved betting competition inserted by No. 36/1994 s. 4.
"approved betting competition" means a betting competition of a kind or class approved by the Minister under Part 5A;
S. 3(1) def. of associate inserted by No. 42/2022 s. 15.
"associate", in relation to a casino operator or an applicant for a casino licence—see section 4;
S. 3(1) def. of authorised deposit-taking institution inserted by No. 11/2001 s. 3(Sch. item 10.1), repealed by No. 28/2022 s. 3.
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S. 3(1) def. of authorised person substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(a)).
authorised person has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3(1) def. of Authority substituted by No. 37/1994 s. 229(a).
"Authority" means the Victorian Casino and Gaming Authority established under the Gaming and Betting Act 1994 ;
S. 3(1) def. of betting rules inserted by No. 36/1994 s. 4.
"betting rules" means rules made by the casino operator in accordance with this Act for approved betting competitions;
S. 3(1) def. of bingo centre operator inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(k)).
bingo centre operator has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3(1) def. of cash facility inserted by No. 38/2002 s. 3(1), amended by No. 32/2012 s. 31(2).
"cash facility" means—
(a) an automatic teller machine; or
(b) an EFTPOS facility; or
(ba) an alternative cash access facility; or
(c) any other prescribed facility that enables a person to gain access to his or her funds or to credit;
S. 3(1) def. of cashless gaming account inserted by No. 42/2022 s. 34(1)(a).
"cashless gaming account" means an account established for a person to facilitate the use of a non-cash gaming token for gaming in a casino;
"casino" means premises, or part of premises, defined as a casino for the time being under section 17;
S. 3(1) def. of casino complex inserted by No. 55/2005 s. 7(a), amended by No. 53/2017 s. 70(1).
"casino complex" means that part of the land shown in the colour grey on the plan lodged in the Central Plan Office and numbered LEGL./05–141 that is open to the public but excluding that part of the land shown coloured grey and hatched on Crown Allotment 58E that is a road running under the building on that land;
"casino employee" means an employee having functions in or in relation to a casino;
"casino licence" means a licence granted under Part 2;
c asino operator means a person who is the holder of a licence;
S. 3(1) def. of chips substituted by No. 42/2022 s. 34(1)(b).
"chips" means any tokens, other than non‑cash gaming tokens, used instead of money for the purpose of gaming;
S. 3(1) def. of Commission inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(k)), amended by No. 58/2011 s. 93(a), substituted by No. 54/2021 s. 39.
"Commission" means Victorian Gambling and Casino Control Commission established under Part 2 of the Victorian Gambling and Casino Control Commission Act 2011 ;
S. 3(1) def. of commis-sioner inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(k)).
commissioner has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3(1) def. of decision substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(b)).
decision has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3(1) def. of deposit account inserted by No. 42/2022 s. 34(1)(a).
"deposit account" means an account established for a person under section 68(3);
S. 3(1) def. of Director repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(j)).
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S. 3(1) def. of director inserted by No. 42/2022 s. 15.
director has the meaning given in section 9 of the Corporations Act;
S. 3(1) def. of electronic monitoring system inserted by No. 93/1993 s. 4(1)(a).
"electronic monitoring system" means any electronic or computer or communications system or device that is so designed that it may be used, or adapted, to send or receive data from gaming equipment in relation to the security, accounting or operation of gaming equipment;
"employ" includes engage under a contract for services;
S. 3(1) def. of exclusion order amended by Nos 17/1996 s. 24(a), 38/2002 s. 3(2)(a), 55/2005 s. 7(b).
"exclusion order" means a written or oral order under section 72 or a written order under section 74 prohibiting a person from entering, or remaining in, a casino or the casino complex;
S. 3(1) def. of Executive Commis-sioner inserted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(k)), repealed by No. 58/2011 s. 93(b).
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"game" means a game of chance or a game that is partly a game of chance and partly a game requiring skill;
S. 3(1) def. of Gaming Commission inserted by No. 93/1993 s. 4(1)(b), repealed by No. 37/1994 s. 229(b).
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S. 3(1) def. of gaming equipment amended by Nos 93/1993 s. 4(1)(c), 41/1999 s. 75(a), substituted by No. 28/2022 s. 10.
"gaming equipment" means any device or thing (including chips) used, or capable of being used, for or in connection with gaming and includes—
(a) a gaming machine; and
(b) linked jackpot equipment; and
(c) an electronic monitoring system; and
(d) a part of, or replacement part for, any such machine, equipment or system;
S. 3(1) def. of gaming machine inserted by No. 93/1993 s. 4(1)(d), amended by No. 41/1999 s. 75(b), substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(c)).
gaming machine has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3(1) def. of gaming operator inserted by No. 44/1995 s. 4, substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(d)), repealed by No. 28/2022 s. 3.
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S. 3(1) def. of holding company inserted by No. 42/2022 s. 15.
holding company has the meaning given in section 9 of the Corporations Act;
S. 3(1) def. of illicit drug inserted by No. 26/2022 s. 3(1).
"illicit drug" means a drug the possession of which is a contravention of the law;
S. 3(1) def. of inspector substituted by Nos 37/1994 s. 229(c), 17/1996 s. 24(b), 114/2003 s. 12.1.2 (Sch. 5 item 1(e)).
inspector has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3(1) def. of interstate Chief Commis-sioner inserted by No. 38/2002 s. 3(2)(b), amended by No. 37/2014 s. 10(Sch. item 12.1(b)).
"interstate Chief Commissioner" means the chief officer (however designated) of the police force or police service of another State or a Territory;
S. 3(1) def. of interstate exclusion order inserted by No. 38/2002 s. 3(2)(b), substituted by No. 58/2015 s. 3.
"interstate exclusion order" means an order, direction or notice that is made or given by an interstate Chief Commissioner and that either—
(a) excludes a person from an interstate casino or a part of an interstate casino; or
(b) requires another person to exclude a person (whether by order, direction, notice or otherwise) from an interstate casino or a part of an interstate casino;
S. 3(1) def. of jackpot inserted by No. 93/1993 s. 4(1)(e).
"jackpot" means the combination of letters, numbers, symbols or representations required to be displayed on the reels or video screen of a gaming machine so that the winnings in accordance with the prize payout scale displayed on the machine are payable from money which accumulates as contributions are made to a special prize pool;
S. 3(1) def. of junket inserted by No. 36/1994 s. 4, substituted by No. 54/2021 s. 3(2).
"junket" means—
(a) an arrangement whereby a person or a group of people is introduced to a casino operator by a junket organiser or promoter who receives a commission based on the turnover of play in the casino attributable to the persons introduced by the organiser or promoter or otherwise calculated by reference to such play; or
(b) an arrangement prescribed by the regulations for the purposes of this paragraph;
"licence", except in Part 4, means a licence granted under Part 2;
S. 3(1) def. of linked jackpot arrangement inserted by No. 93/1993 s. 4(1)(f).
"linked jackpot arrangement" means an arrangement whereby 2 or more gaming machines are linked to a device that—
(a) records, from time to time, an amount which, in the event of a jackpot or other result being obtained on one of those machines, may be payable, or part of which may be payable, as winnings; and
(b) for the purpose of recording the amount referred to in paragraph (a), receives data from each gaming machine to which the device is linked; and
(c) is not capable of affecting the outcome of a game on a gaming machine to which the device is linked;
S. 3(1) def. of linked jackpot equipment inserted by No. 93/1993 s. 4(1)(f).
"linked jackpot equipment" means any jackpot meter, payout display, linking equipment, computer equipment, programming or other device (other than a gaming machine) forming, or capable of forming, part of a linked jackpot arrangement;
S. 3(1) def. of loan sharking inserted by No. 26/2022 s. 3(1).
"loan sharking" means the offering of a loan or any other credit in connection with any gaming or betting in a casino, other than—
(a) by the casino operator under section 68; or
(b) by an ADI;
S. 3(1) def. of maladminis-tration inserted by No. 54/2021 s. 3(1)(a).
"maladministration" includes conduct that—
(a) is based in whole or part on improper motives; or
(b) is unreasonable, unjust or oppressive; or
(c) is negligent;
S. 3(1) def. of Melbourne Casino Licence inserted by No. 54/2021 s. 3(1)(a).
"Melbourne Casino Licence" means the licence granted to the Melbourne Casino Operator on 19 November 1993;
S. 3(1) def. of Melbourne Casino Operator inserted by No. 54/2021 s. 3(1)(a).
"Melbourne Casino Operator" has the same meaning as in section 4 of the Casino (Management Agreement) Act 1993 ;
S. 3(1) def. of member of staff inserted by No. 54/2021 s. 3(1)(a).
"member of staff", of the special manager, means—
(a) an employee referred to in section 36K(1); or
(b) any staff referred to in section 36K(2)(a); or
(c) a person engaged under section 36K(2)(b);
S. 3(1) def. of money inserted by No. 42/2022 s. 34(1)(a).
"money" includes bank notes, cheques, drafts provided by an ADI, non-cash gaming tokens and any order, warrant, commission or request for the payment, collection or receipt of money;
S. 3(1) def. of money laundering inserted by No. 26/2022 s. 3(1).
"money laundering" has the same meaning as in section 5 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 of the Commonwealth;
S. 3(1) def. of non-cash gaming token inserted by No. 42/2022 s. 34(1)(a).
"non-cash gaming token" has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3(1) def. of officer inserted by No. 26/2022 s. 3(1).
officer has the meaning given in section 9 of the Corporations Act;
S. 3(1) def. of operations amended by No. 36/1994 s. 20(a).
"operations", in relation to a casino, means—
(a) the conduct of gaming and approved betting competitions in the casino;
(b) the management and supervision of the conduct of gaming and approved betting competitions in the casino;
(c) money counting in, and in relation to, the casino;
(d) accounting procedures in, and in relation to, the casino;
(e) the use of storage areas in the casino;
(f) other matters affecting or arising out of, activities in the casino;
S. 3(1) def. of operator inserted by No. 44/1995 s. 4, amended by No. 16/1997 s. 115(a), repealed by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(j)).
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S. 3(1) def. of player card inserted by No. 42/2022 s. 34(2).
"player card" means a card that stores information and that—
(a) can be used to identify a person to whom it is issued (the player ); and
(b) can be used by the player to apply a time limit or net loss limit to their playing of games in a casino; and
(c) may also be capable of being used by the player to track their playing of games in a casino for the purposes of a loyalty scheme;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 12.1(a)), repealed by No. 26/2022 s. 3(2).
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S. 3(1) def. of premium player arrangement inserted by No. 36/1994 s. 4, amended by No. 73/1996 s. 9.
"premium player arrangement" means an arrangement whereby a casino operator agrees to pay a patron of the casino a commission based on the patron's turnover of play in the casino or otherwise calculated by reference to such play;
S. 3(1) def. of public interest or interest of the public amended by Nos 88/2000 s. 36, 55/2005 s. 7(c), 54/2021 s. 3(1)(b).
"public interest" or interest of the public means public interest or interest of the public (except in section 74 or 36G) having regard to the creation and maintenance of public confidence and trust in the credibility, integrity and stability of casino operations;
"record" includes any book, account, document, paper or other source of information compiled, recorded or stored in written form, or on microfilm, or by electronic process, or in any other matter or by any other means;
S. 3(1) def. of refund inserted by No. 36/1994 s. 4.
refund means the amount of an investment made in a totalisator under this Act which is repayable to an investor (whether wholly or partly) in accordance with the betting rules;
S. 3(1) def. of relevant interest inserted by No. 42/2022 s. 15.
"relevant interest", in relation to a casino operator, a holding company or an applicant for a casino licence, means a relevant interest (within the meaning of section 9 of the Corporations Act) in the issued capital of the casino operator, holding company or applicant;
S. 3(1) def. of report of the Royal Commission into the Casino Operator and Licence inserted by No. 54/2021 s. 3(1)(a).
report of the Royal Commission into the Casino Operator and Licence , means the Report of the Royal Commission into the Casino Operator and Licence delivered to the Governor on 15 October 2021;
S. 3(1) def. of reportable conduct inserted by No. 26/2022 s. 3(1).
"reportable conduct" means—
(a) loan sharking; or
(b) money laundering; or
(c) the sale or supply of illicit drugs; or
(d) any other prescribed conduct;
S. 3(1) def. of Responsible Gambling Code of Conduct inserted by No. 72/2007 s. 52.
"Responsible Gambling Code of Conduct" has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3(1) def. of Royal Commission into the Casino Operator and Licence inserted by No. 54/2021 s. 3(1)(a).
"Royal Commission into the Casino Operator and Licence" means the inquiry conducted by the Commissioner appointed under section 5 of the Inquiries Act 2014 by the Letters Patent dated 22 February 2021 and the amendments to the Letters Patent dated 25 February 2021 and 10 June 2021, copies of which were published in the Government Gazette on those dates;
S. 3(1) def. of special manager inserted by No. 54/2021 s. 3(1)(a).
"special manager" means a person appointed under section 36B ;
S. 3(1) def. of spin inserted by No. 38/2002 s. 3(3), substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(f)).
spin has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3(1) def. of spin rate inserted by No. 38/2002 s. 3(3), substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(g)).
spin rate has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3(1) def. of temporary exclusion order inserted by No. 42/2022 s. 28.
"temporary exclusion order" means an order given under section 76A ;
"this Act" includes the regulations;
S. 3(1) def. of ticket inserted by No. 36/1994 s. 4.
"ticket" in relation to a totalisator, includes card, token or thing entitling or purporting to entitle any person to any interest in any dividend, division or distribution of any money by means of, or in connection with, or as the result of, the operation of a totalisator;
S. 3(1) def. of totalisator inserted by No. 36/1994 s. 4, substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(h)).
totalisator has the same meaning as in the Gambling Regulation Act 2003 ;
S. 3(1) def. of venue operator inserted by No. 44/1995 s. 4, substituted by No. 114/2003 s. 12.1.2 (Sch. 5 item 1(i)).
venue operator has the same meaning as in the Gambling Regulation Act 2003 .
(2) In this Act—
(a) a reference to a function includes a reference to a power, authority or duty; and
(b) a reference to the exercise of a function includes, in relation to a duty, a reference to the performance of the duty.
S. 3(3) inserted by No. 93/1993 s. 4(2).
(3) The Governor in Council, on the recommendation of the Authority, may, by Order published in the Government Gazette, declare a machine, or type of machine, to be a gaming machine.
S. 3A inserted by No. 72/2007 s. 53.