GAMBLING REGULATION ACT 2003 No. 114 of 2003 Version incorporating amendments as at 21 October 2009 Gambling Regulation Act 2003 - TABLE OF PROVISIONS Section Page CHAPTER 1-PRELIMINARY 1.1. Purpose, objectives and outline 1.2. Commencement 1.3. Definitions 1.3A. What is intoxication? 1.4. Who is an associate? 1.5. Money invested 1.6. Act binds the Crown CHAPTER 2-GENERAL PROHIBITION ON GAMBLING PART 1-INTRODUCTION 2.1.1. Purpose 2.1.2. Definitions 2.1.3. Application of Chapter PART 2-PROHIBITION ON LOTTERIES Division 1-Prohibited lotteries 2.2.1. Lotteries prohibited 2.2.2. Establishing or conducting a lottery 2.2.3. Advertising lotteries 2.2.4. Lottery ticket offences 2.2.5. Keeping a house etc. for purpose of a lottery 2.2.6. Participants in a lottery Division 2-Permitted lotteries 2.2.7. Authorised raffles, lotteries etc. 2.2.8. Games at amusement centres, fetes, carnivals etc. 2.2.9. Calcutta Sweepstakes PART 3-UNLAWFUL GAMES AND GAMING 2.3.1. Unlawful games 2.3.2. Two-up may be played on ANZAC Day 2.3.3. Common gaming houses and places 2.3.4. Gaming in public places 2.3.5. Cheating at play PART 4-GAMING OR WAGERING AGREEMENTS 2.4.1. Gaming or wagering contracts are void 2.4.2. Non-application of section 2.4.1. PART 5-BETTING Division 1-Betting houses and places of betting 2.5.1. What are betting houses and places of betting? 2.5.2. Offences in respect of betting houses or places of betting 2.5.3. Money received may be recovered from persons receiving it 2.5.4. Division not to extend to stakeholder or to owner of horse in any race 2.5.5. Penalty on persons exhibiting placards or advertising betting houses or places of betting 2.5.6. Penalty on persons advertising as to betting Division 2-Betting in public places 2.5.7. Definition 2.5.8. Prohibition on betting in public places 2.5.9. Money received may be recovered from persons receiving it 2.5.10. Permitted sports betting in public places Division 3-Repealed 2.5.11-2.5.13 Repealed Division 4-Totalisators 2.5.14. Offences in respect of totalisators Division 4A-Betting exchanges 2.5.14A. Offence in relation to conducting betting exchange 2.5.14B. Betting by way of a betting exchange lawful Division 5-Advertisements, communications, etc., about betting 2.5.15AA. Definition 2.5.15. Restrictions on publication etc. of information concerning betting etc. 2.5.16. Exceptions to sections 2.5.6 and 2.5.15. 2.5.16A. Repealed 2.5.17. Betting placards and notices not to be posted up anywhere 2.5.18. Repealed 2.5.19. Certain communications etc. exempted Division 5A-Regulation of publication and use of race fields 2.5.19A. Definitions 2.5.19B. Restrictions on publication and use of race fields 2.5.19C. Application for race field publication and use approval 2.5.19D. Publication and use approval 2.5.19E. Tribunal review 2.5.19F. Trade Practices Act and Competition Code Division 6-Common gaming houses and places 2.5.20. What is a common gaming house or place? 2.5.21. Warrant to enter common gaming house and search and seize on premises 2.5.22. Offence to obstruct the entry of authorised members of police force 2.5.23. Obstructing entry to be evidence of house being a common gaming house 2.5.24. Offence of permitting premises to be used as or as access to a common gaming house or place 2.5.25. Power of owner to evict occupier of common gaming house or place 2.5.26. Cancellation of notice to quit 2.5.27. Declaration of common gaming house or place 2.5.28. Application for rescission by owner etc. 2.5.29. Application for rescission by police 2.5.30. Notice in the Government Gazette 2.5.31. Other notices of declaration 2.5.32. Persons found etc. in declared common gaming house 2.5.33. Convicted persons found in declared common gaming house 2.5.34. No business to be carried on in declared common gaming house 2.5.35. Liability of owner 2.5.36. Liability of occupier 2.5.37. Additional penalty for continuing offences 2.5.38. Entry by police 2.5.39. Special warrant to enter premises suspected of being used as accessory to a common gaming house 2.5.40. Procedure where house or place is entered under a special warrant etc. 2.5.41. Persons required to be examined as witnesses making a full discovery to receive a certificate 2.5.42. Indemnity of witnesses 2.5.43. Persons found in common gaming house or place 2.5.44. Being disguised in common gaming house or place Division 7-Services relating to betting 2.5.45. Offence to promote or advertise betting or offer or provide services relating to betting PART 5A-BANNING IRRESPONSIBLE GAMBLING PRODUCTS AND PRACTICES Division 1-Introduction 2.5A.1. Definitions Division 2-Interim ban orders 2.5A.2. Minister may make interim ban order 2.5A.3. Duration of interim ban order 2.5A.4. Minister to direct Commission to investigate Division 3-Fixed term ban orders 2.5A.5. Investigation by Commission 2.5A.6. Notice of investigation 2.5A.7. Submissions 2.5A.8. Report on investigation 2.5A.9. Fixed term ban order 2.5A.10. Duration of fixed term ban order 2.5A.11. Revocation of fixed term ban order 2.5A.12. Disallowance of fixed term ban order Division 4-Effect of ban orders 2.5A.13. Offence to breach ban order Division 5-General 2.5A.14. No compensation PART 6-GENERAL 2.6.1. Possession of instrument of betting 2.6.2. Search and seizure of instruments of betting 2.6.3. Money stolen and paid away in bets is recoverable 2.6.4. Acting as keeper of gaming houses etc. 2.6.5. Evidence as to offences 2.6.6. Instruments of gaming on vessels 2.6.7. Vicarious liability 2.6.8. Repealed 2.6.9. Entry of police to public places CHAPTER 3-GAMING MACHINES PART 1-INTRODUCTION 3.1.1. Purpose 3.1.2. Definitions 3.1.3. Machines may be declared to be gaming machines 3.1.4. Conduct of gaming and playing gaming machines 3.1.5. Application of Chapter to casino operator 3.1.6. Application of Chapter to tabaret premises 3.1.6A. Application of Chapter to tabaret premises PART 2-GENERAL AUTHORISATION FOR GAMING ON GAMING MACHINES Division 1-Legality of gaming machine gaming 3.2.1. Gaming in approved venue declared lawful 3.2.2. Possession of gaming machines may be authorised Division 2-Ministerial directions, regional limits and municipal limits 3.2.3. Ministerial directions as to requirements for gaming machines 3.2.4. Regional and municipal limits on gaming machines 3.2.4A. Review of regional and municipal limits 3.2.5. No compensation payable PART 2A-OWNERSHIP AND RELATED PERSON RESTRICTIONS Division 1-Interpretation 3.2A.1. Definitions Division 2-Ownership and related person licensee restrictions 3.2A.2. Restrictions for venue operators and related persons 3.2A.3. Monitoring restrictions for persons listed on the Roll and related persons 3.2A.4. Other restrictions for persons listed on the Roll and related persons 3.2A.5. Restrictions for the monitoring licensee and related persons 3.2A.6. Restrictions for a casino operator Division 3-Gaming machine entitlement prohibited interests 3.2A.7. Prohibited interests in gaming machine entitlements PART 3-APPROVAL OF PREMISES FOR GAMING Division 1-Introduction 3.3.1. Outline of Part Division 2-Premises approvals 3.3.2. Which premises may be approved as suitable for gaming? 3.3.3. Which premises may be approved for 24 hour gaming? 3.3.4. Application for approval of premises 3.3.5. Notification of responsible authority 3.3.6. Responsible authority may make submission 3.3.7. Matters to be considered in determining applications 3.3.8. Determination of application 3.3.9. Conditions of approval 3.3.10. Duration of approval 3.3.11. Variation of approval 3.3.12. Revocation of approval 3.3.13. Automatic revocation of approval 3.3.14. Tribunal review of approval 3.3.15. Surrender of approval 3.3.15A. One venue operator for an approved venue Division 3-Modification of gaming machine areas 3.3.16. Modification of gaming machine areas 3.3.17. Appeal PART 4-LICENSING OF OPERATORS AND MONITORS AND LISTING OF MANUFACTURERS, SUPPLIERS AND TESTERS Division 1-Authority conferred by licences and listing 3.4.1. Authority conferred by venue operator's licence 3.4.1A. Venue operator's licence is not a gaming operator's licence or gaming licence 3.4.2. Authority conferred by gaming operator's licence 3.4.3. Application of Part-gaming operator's licences 3.4.4. Authority conferred by monitoring licence 3.4.4A. Monitoring licence is not a gaming operator's licence or gaming licence 3.4.5. Authority conferred by listing on the Roll 3.4.6. Offence to breach licence conditions 3.4.7. Offence to breach condition of listing on Roll Division 2-Venue operator's licence 3.4.8. Application for venue operator's licence 3.4.9. Gaming operator may be granted a hotel venue operator's licence 3.4.10. Objections 3.4.11. Matters to be considered in determining applications 3.4.12. Determination of applications and duration of licence 3.4.12A. Self-exclusion program is a condition of licence 3.4.12B. Responsible Gambling Code of Conduct is a condition of licence 3.4.12C. Amendment of self-exclusion program or Responsible Gambling Code of Conduct 3.4.13. Register of venue operators and approved venues 3.4.14. Nominee of licensee 3.4.15. Venue operator's licence is non-transferable 3.4.16. Renewal of venue operator's licence 3.4.17. Amendment of conditions 3.4.18. Proposal of amendment by venue operator 3.4.19. Submissions on proposed amendments 3.4.20. Consideration and making of amendment 3.4.21. Tribunal review of amendment increasing number of gaming machines 3.4.22. Notification of certain applications concerning liquor licence 3.4.23. Notification of certain changes 3.4.24. Endorsement of licence and Register 3.4.25. Disciplinary action against venue operator 3.4.26. Letter of censure 3.4.27. Suspension of venue operator's licence pending criminal proceedings 3.4.27A. No authority to conduct gaming if venue operator's licence suspended or cancelled 3.4.28. Provisional venue operator's licence Division 2A-Venue operators and venue agreements 3.4.28AA. Application of Division 3.4.28A. Definitions 3.4.28B. Commission may declare certain agreements to be reviewable venue agreements 3.4.28C. Entering into prohibited venue agreement prohibited 3.4.28D. Prohibited venue agreements are void 3.4.28E. Commission may issue written notice directing venue operators to give it copies of reviewable venue agreements 3.4.28F. No compensation payable Division 3-Gaming operator's licence 3.4.29. Gaming operator's licence 3.4.30. Premium payment 3.4.31. Matters to be considered in determining grant of licence 3.4.31A. Pre-commitment mechanisms required for prescribed gaming machines-1 December 2010 to 30 November 2015. 3.4.31B. Pre-commitment mechanisms required for gaming machines-from 1 December 2015. 3.4.32. Duration of licence 3.4.33. Entitlement of former licensee on grant of new licence 3.4.34. Amendment of conditions 3.4.35. Gaming operator's licence is non-transferable 3.4.36. Disciplinary action 3.4.37. Cancellation of gaming operator's licence Division 3A-Regulation of shareholding interests of gaming operator 3.4.37A. Definitions 3.4.37B. Application of Division 3.4.37C. Prohibited shareholding interest 3.4.37D. Power to require information relating to entitlement to shares in licensee 3.4.37E. Disposal, forfeiture etc. of shares where prohibited shareholding interest 3.4.37F. Voting rights in respect of certain shares 3.4.37G. Annulment of certain resolutions of the licensee 3.4.37H. Making, review and revocation of declarations by Minister 3.4.37I. Appeal against declarations of Minister 3.4.37J. Sale of forfeited shares Division 3B-Further licensing restrictions and requirements 3.4.37K. Definitions 3.4.37L. Restrictions on directors of licensee or operator 3.4.37M. Licensee and others not to be associated with certain activities 3.4.37N. Change in situation of licensee or operator Division 4-Monitoring licence 3.4.38. Definitions 3.4.39. One licence 3.4.40. Minister may invite applications 3.4.41. Secretary may report on suitability of persons Minister is considering to invite to apply for licence 3.4.41A. Consent required for reports and investigations 3.4.42. Application for monitoring licence 3.4.43. Report to Minister by Secretary on applications 3.4.44. Determination of applications 3.4.45. Prohibition on improper interference 3.4.46. Issue of licence 3.4.47. Licence conditions 3.4.48. Minister may refuse to issue monitoring licence if related agreements not entered into 3.4.48A. Related agreements with monitoring licensee 3.4.48B. No compensation payable because of a direction to enter into related agreements 3.4.48C. Limitation of monitoring licensee's civil liability 3.4.48D. Related agreements may provide for damages determined by the Minister 3.4.48E. Minister may determine certain damages that must be included in related agreements 3.4.49. Responsible gambling directions 3.4.50. Duration of licence 3.4.51. Extension of licence 3.4.52. Licence may authorise preparatory action 3.4.53. Publication and tabling 3.4.54. Engaging contractors and appointing agents to assist with monitoring 3.4.55. Transfer only under this Division 3.4.56. Application to transfer licence 3.4.57. Transfer of monitoring licence 3.4.58. Report to Minister by Commission 3.4.59. Related agreements 3.4.59A. Publication and tabling 3.4.59B. Request by licensee for amendment of licence 3.4.59C. Amendment of licence 3.4.59D. Grounds for disciplinary action 3.4.59E. Commission may take or recommend disciplinary action 3.4.59F. Minister may take disciplinary action 3.4.59G. Suspension of licence pending criminal proceedings 3.4.59H. Effect of licence suspension 3.4.59I. Temporary monitoring licence 3.4.59J. Report to Minister by Commission for a temporary monitoring licence 3.4.59JA. Report to Minister by Commission for a temporary monitoring licence issued for 90 days 3.4.59K. Arrangements with former licensee 3.4.59L. Further provisions for temporary licence 3.4.59LA. Related agreements with temporary licensee 3.4.59LB. No compensation payable because of a direction to enter into related agreements 3.4.59LC. Limitation of temporary licensee's civil liability 3.4.59LD. Related agreements may provide for damages determined by the Minister 3.4.59LE. Minister may determine certain damages that must be included in related agreements 3.4.59LF. Appointment of a monitoring services provider if monitoring licence not granted 3.4.59LG. Appointment of a monitoring services provider after monitoring licence suspended, cancelled or surrendered 3.4.59M. Secretary may require further information 3.4.59N. Updating information provided to Secretary 3.4.59O. Updating information provided to Minister regarding licence application 3.4.59P. Updating licence transfer application 3.4.59Q. No compensation payable for certain acts and omissions relating to monitoring 3.4.59R. Trade Practices Act and Competition Code Divisions 5, 6-Repealed Division 7-Roll of Manufacturers, Suppliers and Testers 3.4.60. The Roll 3.4.61. Application to be listed on Roll 3.4.62. Objections 3.4.63. Determination of applications 3.4.64. Imposition and amendment of conditions 3.4.65. Disciplinary action 3.4.66. Letter of censure 3.4.67. Voluntary removal from Roll 3.4.68. Payments etc. to venue operator unlawful PART 4A-GAMING MACHINE ENTITLEMENTS Division 1-Requirement to hold gaming machine entitlements and authority conferred by them 3.4A.1. Requirement to hold gaming machine entitlements 3.4A.2. Authority conferred by gaming machine entitlements Division 2-Gaming machine entitlement allocation and transfer rules 3.4A.3. Gaming machine entitlement allocation and transfer rules 3.4A.4. Directions to the Commission in relation to allocation and transfers of gaming machine entitlements Division 3-Creation and allocation of gaming machine entitlements 3.4A.5. Minister may create and allocate gaming machine entitlements 3.4A.6. Minister may refuse to allocate gaming machine entitlement if related agreements not entered into 3.4A.6A. Directions in relation to related agreements with Minister 3.4A.7. Duration of gaming machine entitlements 3.4A.8. Gaming machine entitlements to be noted on Register 3.4A.9. Gaming machine entitlements may authorise preparatory action 3.4A.10. States rights in relation to allocated gaming machine entitlements 3.4A.11. No entitlement to or legitimate expectation of approval of venue 3.4A.11A. Related agreements between venue operators and monitoring licensee 3.4A.11B. No compensation payable because of a direction to enter into related agreements Division 4-Amendment of gaming machine entitlement conditions 3.4A.12. Request for amendment of geographic area condition or venue condition 3.4A.13. Commission decision on the request 3.4A.14. Commission must record amendment in Register Division 5-Transfer of gaming machine entitlements 3.4A.15. Fee payable for gaming machine entitlement transfers 3.4A.16. Gaming machine entitlements cannot be transferred to persons other than venue operators 3.4A.17. Gaming machine entitlements must be transferred in accordance with allocation and transfer rules 3.4A.17A. Related agreements must be entered into before gaming machine entitlement may be transferred 3.4A.18. Gaming machine entitlements that are transferred before specified date 3.4A.19. Exemption from requirement to pay 75% of prescribed profit obtained on transfer 3.4A.20. Hospitals and Charities Fund Division 6-Forfeiture of gaming machine entitlements not used for conduct of gaming 3.4A.21. Definition 3.4A.22. Meaning of relevant holding period 3.4A.23. Gaming under gaming machine entitlements must be commenced within relevant holding period 3.4A.24. Gaming machine entitlements forfeited to State if gaming not commenced within relevant holding period 3.4A.25. Commission may extend relevant holding period Division 7-Forfeiture of gaming machine entitlements following disciplinary action, surrender of licence or expiry 3.4A.26. Gaming machine entitlements forfeited if venue operator's licence cancelled, surrendered or not renewed Division 8-Forfeiture of gaming machine entitlements following default under related agreement 3.4A.27. Gaming machine entitlements forfeited if venue operator defaults under related agreement Division 9-Extinguishment of interests and rights in gaming machine entitlements 3.4A.28. Extinguishment 3.4A.29. No compensation payable because of extinguishment Division 10-Forfeited gaming machine entitlements 3.4A.30. Application of Division 3.4A.31. No compensation payable because of forfeiture of gaming machine entitlements 3.4A.32. Amounts owed to the State in relation to gaming machine entitlements become immediately payable 3.4A.33. Payment of proceeds from forfeited gaming machine entitlements that are allocated again Division 11-General 3.4A.34. Trade Practices Act and Competition Code authorisation PART 5-CONTROL OF GAMING Division 1AA-Interpretation 3.5.1AA. Definition Division 1-Manufacturing and obtaining gaming machines 3.5.1. Manufacture, sale, supply, obtaining or possession of gaming machines 3.5.2. Gaming machine contracts to be approved by Commission Division 2-Controls over gaming machines and games 3.5.3. Commission's standards for gaming machine types and games 3.5.4. Approval of gaming machine types and games 3.5.5. Variation of gaming machine types and games 3.5.6. Withdrawal of approval 3.5.7. Linked jackpots unlawful without approval 3.5.8. Identification of machines 3.5.9. Gaming prohibited on unprotected devices 3.5.10. Unlawful interference with gaming equipment 3.5.11. Protection of sensitive areas of gaming equipment 3.5.12. Testing of electronic monitoring system 3.5.13. Approval of electronic monitoring systems 3.5.14. Access to gaming machines 3.5.15. Installation and storage of gaming machines 3.5.16. Certificates of installation 3.5.17. Offence to play gaming machine not installed as authorised 3.5.17A. Gaming machines must be connected to approved electronic monitoring system 3.5.17B. Gaming machines must be connected to approved electronic monitoring system 3.5.18. Gaming only permitted in gaming machine areas 3.5.19. Gaming tokens 3.5.20. Malfunction of gaming machines 3.5.21. Defective gaming machines not allowed 3.5.22. After hours gaming 3.5.23. The Commission's rules 3.5.24. Disallowance of rules 3.5.25. Inspection of rules 3.5.26. Rules to be enforced 3.5.27. Commission may give directions 3.5.28. Inducements, cheating etc. Division 3-Responsible gaming measures 3.5.29. Banning large denomination note acceptors and autoplay facilities 3.5.30. Spin rates 3.5.31. Credit etc. 3.5.32. Limiting withdrawals and advances from cash facilities 3.5.33. Payment of accumulated credits and cashing of cheques 3.5.33A. Playing of gaming machines by intoxicated persons prohibited Division 4-Gaming machine advertising 3.5.34. Prohibition on publishing gaming machine advertising 3.5.35. Prohibition on displaying gaming machine related signs Division 5-Loyalty schemes 3.5.36. Loyalty schemes 3.5.37. Player activity statements 3.5.38. Suspension of person who fails to collect their player activity statement 3.5.39. Opting out of loyalty schemes 3.5.40. No advertising to people suspended or removed from loyalty schemes 3.5.41. Loyalty scheme participant information Division 6-Removal of people from approved venues 3.5.42. Application of Division 3.5.43. Removal of certain persons Division 7-Repealed 3.5.44-3.5.53 Repealed PART 6-RETURNS TO PLAYERS, LEVIES AND TAXES Division 1-Returns to players 3.6.1. Returns to players Division 2-Taxes and levies 3.6.2. Definitions 3.6.3. Health benefit levy 3.6.4. Hypothecation of health benefit levy 3.6.5. Holder of gaming operator's licence to pay supervision charge 3.6.5A. Venue operators to pay supervision charge 3.6.6. Taxation 3.6.6A. Taxation in relation to gaming in approved venues with pub licences 3.6.6B. Taxation in relation to gaming in approved venues with club licences 3.6.7. Additional tax for holder of gaming operator's licence 3.6.8. Declaration of different rate of return 3.6.9. Community benefit statements 3.6.9A. Ministerial directions as to requirements of community benefit statements 3.6.10. Interest on late payment 3.6.11. Hospitals and charities and mental health levy 3.6.12. Payment to Community Support Fund PART 7-COMPLIANCE REQUIREMENTS Division 1-Introduction 3.7.1. Definition 3.7.2. Application of Part Division 2-Banking, accounting and auditing 3.7.3. Banking 3.7.4. Accounting records 3.7.5. Books etc. to be kept on the premises 3.7.6. Repealed Division 3-Other requirements 3.7.6A. Directions to gaming operator to provide information etc. 3.7.6B. Directions to monitoring licensee to provide information etc. 3.7.6C. No compensation payable 3.7.6D. Directions to monitoring licensee PART 8-ONGOING MONITORING 3.8.1. Change in situation of licensees, associates etc. 3.8.2. Notification of persons becoming associates 3.8.3. Investigation of associates and others 3.8.4. Termination of association PART 9-GENERAL Division 1-Declared operator of gaming operator's licence 3.9.1. Minister may declare company to be operator 3.9.2. Application for approval 3.9.3. Approval of a wholly-owned subsidiary Division 2-General 3.9.4. Prohibition on recovery of costs of investigating persons on Roll or their associates 3.9.5. Appeals 3.9.6. Injunctions to prevent contraventions etc. CHAPTER 4-WAGERING AND BETTING PART 1-INTRODUCTION 4.1.1. Purpose 4.1.2. Definitions 4.1.3. Exemption of totalisators PART 2-GENERAL AUTHORISATION FOR WAGERING AND BETTING Division 1-Legality of wagering and betting 4.2.1. Wagering and approved betting competitions 4.2.1A. Conduct of betting exchanges 4.2.2. Use of totalisator lawful 4.2.3. Approval of totalisator equipment Division 2-Betting rules 4.2.4. Totalisator or approved betting competition not to be conducted without rules 4.2.4A. Betting exchange rules 4.2.5. Licensee to make betting rules 4.2.6. Disallowance of betting rules or betting exchange rules 4.2.7. Commission may direct wagering and betting licensee to deal with certain bets Division 3-Conduct of wagering and betting by wagering and betting licensee 4.2.8. Acceptance of wagers and bets 4.2.9. Agents of licensee 4.2.10. Investigation of complaints 4.2.11. Termination of certain agent agreements PART 3-WAGERING LICENCE AND GAMING LICENCE Division 1-Authority of licences 4.3.1. Wagering licence 4.3.2. Gaming licence 4.3.3. One licence 4.3.4. Licences non-transferable 4.3.4A. Application of Part Division 2-Grant of licences 4.3.5. Application for licences 4.3.6. Matters to be considered in determining application 4.3.7. Recommendation on application 4.3.8. Grant of licences 4.3.9. Duration of licences and licence conditions 4.3.10. Amendment of licence conditions 4.3.10A. Responsible Gambling Code of Conduct is a condition of licence 4.3.11. Powers of licensee under Corporations Act not affected Division 3-Entitlement of former licensee 4.3.12. Entitlement of former licensee on grant of new licences 4.3.13. What is the licence value of the former licences? 4.3.14. When must the payment be made? Division 4-Operators 4.3.15. Appointment of operators 4.3.16. Application for approval 4.3.17. Approval of wholly-owned subsidiary Division 5-Regulation of shareholding interests 4.3.18. Definitions 4.3.19. Application of Division 4.3.20. Prohibited shareholding interest 4.3.21. Power to require information relating to entitlement to shares in licensee 4.3.22. Disposal, forfeiture etc. of shares where prohibited shareholding interest 4.3.23. Voting rights in respect of certain shares 4.3.24. Annulment of certain resolutions of the licensee 4.3.25. Making, review and revocation of declarations by Minister 4.3.26. Appeal against declarations of Minister 4.3.27. Sale of forfeited shares Division 6-Further licensing restrictions and requirements 4.3.28. Restrictions on directors of licensee or operator 4.3.29. Licensee and others not to be associated with certain activities 4.3.30. Change in situation of licensee or operator Division 7-Disciplinary action and cancellation 4.3.31. Disciplinary action 4.3.32. Cancellation of both licences 4.3.33. Appointment of temporary licensee if licence cancelled Division 8-Further obligation to provide information 4.3.34. Directions to wagering licensee to provide information PART 3A-WAGERING AND BETTING LICENCE Division 1-Authority and number of wagering and betting licences 4.3A.1. Authority of wagering and betting licence 4.3A.2. One licence Division 2-Licensing procedure 4.3A.3. Registration of interest 4.3A.4. Report to Minister by Secretary on registrations of interest 4.3A.5. Application for licence 4.3A.6. Report to Minister by Secretary on applications 4.3A.7. Determination of applications 4.3A.7A. Prohibition on improper interference 4.3A.8. Issue of licence 4.3A.9. Licence conditions 4.3A.10. Minister may refuse to issue wagering and betting licence if related agreements not entered into 4.3A.10AA. Related agreements with wagering and betting licensee 4.3A.10AB. No compensation payable because of a direction to enter into related agreements 4.3A.10A. Responsible Gambling Code of Conduct is a condition of licence 4.3A.11. Duration of licence 4.3A.12. Licence may authorise preparatory action 4.3A.13. Premium payment 4.3A.13A. Penalty interest for late payment 4.3A.13B. Recovery of amounts 4.3A.14. Publication and tabling 4.3A.15. Engaging contractors and appointing agents to assist with wagering and betting Division 3-Transfer of licence 4.3A.16. Transfer only under this Division 4.3A.17. Application to transfer licence 4.3A.18. Transfer of wagering and betting licence 4.3A.19. Report to Minister by Commission 4.3A.20. Related agreements 4.3A.21. Publication and tabling Division 4-Amendment and surrender of licence 4.3A.22. Request by licensee for amendment of licence 4.3A.23. Amendment of licence 4.3A.24. Surrender of licence Division 5-Monitoring and disciplinary action 4.3A.25. Associates of licensee 4.3A.26. Grounds for disciplinary action 4.3A.27. Commission may take or recommend disciplinary action 4.3A.28. Minister may take disciplinary action 4.3A.29. Suspension of licence pending criminal proceedings 4.3A.30. Effect of licence suspension Division 6-Temporary wagering and betting licence 4.3A.31. Temporary wagering and betting licence 4.3A.32. Report to Minister by Commission for a temporary wagering and betting licence 4.3A.32A. Report to Minister by Commission for a temporary wagering and betting licence issued for 90 days 4.3A.33. Arrangements with former licensee 4.3A.34. Further provisions for temporary licence 4.3A.34AA. Related agreements with temporary wagering and betting licensee 4.3A.34AB. No compensation payable because of a direction to enter into related agreements Division 6A-Betting exchanges 4.3A.34A. Definitions 4.3A.34B. Approval of telecommunication devices by Commission 4.3A.34C. Licensee not to enable betting by way of a betting exchange on races, competitions or events without relevant consent 4.3A.34D. Licensee must conduct a betting exchange by way of certain telecommunication devices 4.3A.34E. Commission or controlling body may request information 4.3A.34F. Compliance with information notice 4.3A.34G. Offences by the wagering and betting licensee as operator of betting exchange 4.3A.34H. Offence by direct participant 4.3A.34I. Offence by a person who has an interest in the outcome of a brokered betting event 4.3A.34J. Offence by the owner of a horse to bet through betting exchange 4.3A.34K. Offence by the owner of a greyhound to bet through betting exchange Division 6B-Requirements in relation to registered players 4.3A.34L. Registered players 4.3A.34M. Wagering and betting funds of registered players 4.3A.34N. Disclosure of names of registered players Division 6C-Requirements in relation to approved simulated racing events 4.3A.34O. Accepted bets on approved simulated racing events must be in particular form 4.3A.34P. Winnings on approved simulated racing events must be paid in cash or cheque Division 7-Further information-gathering powers and obligations 4.3A.35. Definitions 4.3A.36. Secretary may require further information 4.3A.37. Updating information provided to Secretary 4.3A.38. Updating information provided to Minister regarding registration of interest or licence application 4.3A.39. Updating licence transfer application 4.3A.39A. Directions to provide information 4.3A.39B. Directions to licensees Division 8-General 4.3A.40. Powers of Secretary PART 4-ON-COURSE WAGERING PERMIT Division 1-Authority of permit 4.4.1. On-course wagering permit Division 2-Grant of permit 4.4.2. Application for permit 4.4.3. Matters to be considered in determining application 4.4.4. Grant of permit 4.4.5. Permit is non-transferable Division 3-Conduct of on-course wagering 4.4.6. Compliance with betting rules 4.4.7. Racing industry and licensee Division 4-Commissions, dividends and taxes 4.4.8. Commissions 4.4.9. Dividends 4.4.10. Wagering tax 4.4.11. Hospitals and Charities Fund 4.4.12. Supervision charge Division 5-General 4.4.13. Unclaimed refunds and dividends PART 5-APPROVED BETTING COMPETITIONS AND SPORTS BETTING Division 1-Preliminary 4.5.1. Definitions 4.5.2. Events and betting competitions that cannot be approved under this Part Division 2-Approved betting competitions on horse, harness and greyhound racing 4.5.3. Approval of betting competitions on horse, harness and greyhound races 4.5.4. Notice of approval 4.5.5. Variation and revocation of approval Division 3-Approval of other events for betting purposes 4.5.6. Approval of events for betting purposes 4.5.7. What kinds of events can be approved? 4.5.8. What must Commission consider in approving events? 4.5.9. Designation of sports betting events 4.5.10. Notice and publication requirements 4.5.11. Variation and revocation of approval Division 3A-Approval of simulated racing events 4.5.11A. Approval of simulated racing events for betting purposes 4.5.11B. What must Commission consider in approving simulated racing events? 4.5.11C. Notice and publication requirements 4.5.11D. Variation and revocation of approval 4.5.11E. Approval does not limit Minister's power to approve keno game under Chapter 6A. Division 4-Approval of sports controlling bodies for sports betting purposes 4.5.12. Application for approval 4.5.13. Objections 4.5.14. Matters to be considered in determining applications 4.5.15. Determination of applications and duration of approval 4.5.16. Notice and publication requirements 4.5.17. Variation and revocation of approval 4.5.18. Surrender of approval 4.5.19. Change in situation of sports controlling body 4.5.20. Tribunal reviews Division 5-Requirements on sports betting providers 4.5.21. What is offering a betting service? 4.5.22. Prohibition on offering betting service without agreement or determination 4.5.23. Agreement of sports controlling body 4.5.24. Application for Commission determination if no sports controlling body agreement 4.5.25. Procedure on application 4.5.26. Determination of Commission 4.5.27. Variation and revocation of determination 4.5.28. Costs of investigating applications Division 6-Prohibition of betting contingencies 4.5.29. Commission may prohibit betting on contingencies 4.5.30. Notice and publication requirements 4.5.31. Offence to offer bets on prohibited betting contingencies PART 5A-BOOKMAKER AND BOOKMAKING RELATED REGISTRATIONS 4.5A.1. Definitions 4.5A.2. Application for registration as bookmaker 4.5A.3. Application for registration as bookmaker's key employee 4.5A.4. Determination of application for registration as bookmaker 4.5A.5. Determination of application for registration as bookmaker's key employee 4.5A.6. Certificate of registration and identity card 4.5A.7. Duration of registration as bookmaker or bookmaker's key employee 4.5A.8. Nominee of corporation 4.5A.9. Application of registered bookmakers to be in partnerships 4.5A.10. Approval of registered bookmakers to be in partnerships 4.5A.10A. Responsible Gambling Code of Conduct is a condition of registration for a bookmaker 4.5A.11. Conditions of registration 4.5A.12. Amendment of conditions 4.5A.13. Registration renewal 4.5A.14. Disciplinary action against registered bookmaker or bookmaker's key employee 4.5A.15. Review by VCAT of registrations as a bookmaker or bookmaker's key employee 4.5A.16. Time limit for applying for review 4.5A.17. Change in situation of person or associate PART 6-COMMISSIONS, DIVIDENDS AND TAXES Division 1-Wagering 4.6.1. Commissions 4.6.2. Dividends 4.6.3. Wagering tax 4.6.3A. Wagering tax review Division 2-Approved betting competitions 4.6.4. Commissions-totalisators 4.6.5. Dividends 4.6.6. Tax-Approved betting competitions Division 2A-Approved simulated racing events 4.6.6A. Tax-Approved simulated racing events Division 2B-Betting exchanges 4.6.6B. Tax-Betting exchange commissions Division 3-Supervision charge 4.6.7. Licensee to pay charge 4.6.7A. Wagering and betting licensee to pay charge Division 4-General 4.6.8. Hospitals and Charities Fund 4.6.9. Unclaimed refunds, dividends and prizes PART 7-OFFENCES 4.7.1AA. Definitions 4.7.1. Repealed 4.7.2. Offences relating to totalisators and approved betting competitions 4.7.3. Tickets purportedly issued by licensee 4.7.4. Offence related to payment of dividends or prizes 4.7.5. Inducements, cheating etc. 4.7.6. Offence to extend credit etc. 4.7.7. Gambling by intoxicated persons prohibited 4.7.8. Appropriate advertising standards required 4.7.9. Prescribed statement to be included in advertisements 4.7.10. Offence to offer inducement to open betting account PART 8-COMPLIANCE REQUIREMENTS Division 1-Banking, accounting and auditing 4.8.1. Application of Division 4.8.2. Banking 4.8.3. Accounts 4.8.4. Books etc. to be kept on the premises 4.8.5. Audit of books, accounts and financial statements Division 2-Reporting 4.8.6. Submission of reports PART 9-OTHER MATTERS 4.9.1. Trade Practices Act and Competition Code CHAPTER 5-LOTTERIES PART 1-INTRODUCTION 5.1.1. Purposes 5.1.2. Definitions 5.1.3. Application of Chapter PART 2-PUBLIC LOTTERIES Division 1-Legality of public lotteries 5.2.1. Public lotteries declared lawful 5.2.1A. Approval of computer system etc. Division 2-Public lottery rules 5.2.2. Lottery rules 5.2.3. When do lottery rules come into force? 5.2.4. Publication and inspection of lottery rules 5.2.5. Disallowance of lottery rules Division 3-Conduct of public lotteries 5.2.6. Supervision of public lottery draws by Commission's representative 5.2.7. Licensee to record entries 5.2.8. Repealed 5.2.9. Licensee not to act as credit provider 5.2.10. Non-monetary prizes 5.2.11. Prohibition of certain schemes 5.2.12. Publicity concerning prizewinners PART 3-PUBLIC LOTTERY LICENCES Division 1-Number and type of public lottery licences 5.3.1. Minister determines number and type of public lottery licences 5.3.2. Which public lotteries can be licensed? Division 2-Licensing procedure 5.3.2A. Registration of interest 5.3.3. Application for licence 5.3.4. Report to Minister by Commission 5.3.5. Determination of applications 5.3.6. Issue of licence 5.3.7. Licence conditions 5.3.7A. Ancillary agreements 5.3.7B. Responsible Gambling Code of Conduct is a condition of licence 5.3.8. Duration of licence 5.3.8A. Licence may authorise preparatory action 5.3.9. Premium payment 5.3.10. Licence is non-transferable 5.3.11. Publication and tabling 5.3.12. Inspection of licence 5.3.13. Register of licences Division 3-Appointing subsidiaries to conduct public lotteries 5.3.14. Appointment of subsidiaries 5.3.15. Approval of subsidiary 5.3.15A. Engaging contractors and appointing agents to assist with public lotteries Division 4-Amending and surrendering licences 5.3.16. Request by licensee for amendment of licence 5.3.17. Notification of other affected licensees 5.3.18. Objection by other licensees 5.3.19. Amendment of licence 5.3.20. Surrender of licence Division 5-Disciplinary action 5.3.21. Grounds for disciplinary action 5.3.22. Commission may recommend disciplinary action 5.3.23. Minister may take disciplinary action 5.3.24. Suspension of licence pending criminal proceedings 5.3.25. Effect of licence suspension 5.3.26. Application of Division to appointed subsidiaries Division 6-Temporary public lottery licences 5.3.27. Temporary public lottery licences 5.3.28. Report to Minister by Commission for a temporary public lottery licence 5.3.28A. Report to Minister by Commission for a temporary public lottery licence issued for 90 days 5.3.29. Arrangements with former licensee 5.3.30. Responsible Gambling Code of Conduct is a condition of temporary licence PART 4-RETURNS TO PLAYERS AND TAXES Division 1-Returns to players 5.4.1. Returns to players Division 2-Taxes 5.4.2. Supervision charge 5.4.3. Public lottery tax 5.4.4. Penalty interest for late payment 5.4.5. Recovery of amounts 5.4.6. Application of tax proceeds 5.4.7. Sharing tax with other jurisdictions PART 5-COMPLIANCE REQUIREMENTS Division 1-Financial recording and reporting 5.5.1. Licensee to keep accounts and records 5.5.2. Annual financial statements 5.5.3-5.5.5 Repealed 5.5.6. Subsidiaries to comply with Division Division 2-Other requirements 5.5.6A. Directions to provide information etc. 5.5.7. Directions to licensees 5.5.8. Claims for prize 5.5.9. Unclaimed prizes 5.5.10. Complaints PART 6-ONGOING MONITORING 5.6.1. Notification of change in situation of licensee or associates 5.6.2. Notification of persons becoming associates 5.6.3. Investigations of licensee 5.6.4. Requirement to give information to Commission 5.6.5. Investigation of associates and others 5.6.6. Termination of association 5.6.7. Application of Division to appointed subsidiary PART 7-TRADE PROMOTION LOTTERIES Division 1-Legality of trade promotion lotteries 5.7.1. Trade promotion lotteries declared lawful 5.7.2. No permit required if prize value $5000 or less Division 2-Permit to conduct a trade promotion lottery 5.7.3. Application for permit to conduct a trade promotion lottery 5.7.4. Determination of application 5.7.5. Permit conditions 5.7.6. Duration of permit 5.7.7. Nominee of permit holder 5.7.8. Replacement nominee 5.7.9. Amendment of conditions 5.7.10. Appeal Division 3-Disciplinary action 5.7.11. Definitions 5.7.12. Investigation of permit holder 5.7.13. Taking disciplinary action 5.7.14. Letter of censure 5.7.15. Suspension of permit Division 4-Compliance and offences 5.7.16. Conducting trade promotion lottery in contravention of Act etc. 5.7.17. Change in situation of permit holder 5.7.18. Records Division 5-Reviews 5.7.19. Tribunal reviews Division 6-General 5.7.20. Commissioner may perform Commission's functions CHAPTER 6-CLUB KENO PART 1-INTRODUCTION 6.1.1. Purpose 6.1.2. Definitions PART 2-CLUB KENO GAMES Division 1-Legality of club keno games 6.2.1. Club keno games conducted by participants are lawful 6.2.2. Authorisation for club keno games 6.2.3. Club keno not subject to Chapter 3. 6.2.4. Club Keno games may be conducted in approved venues Division 2-Conducting club keno games 6.2.5. Sale of tickets 6.2.6. Agents of participants 6.2.6A. Approval of club keno system 6.2.6B. Security of certain equipment 6.2.6C. Responsible Gambling Code of Conduct 6.2.7. Defective machinery etc. 6.2.8. Unlawful interference with club keno system 6.2.9. Use of defective club keno machinery etc. 6.2.10. Credit etc. 6.2.11. Club keno rules 6.2.12. Commencement of rules 6.2.13. Publication and inspection of club keno rules 6.2.14. Disallowance of club keno rules PART 3-RETURNS TO PLAYERS, TAXES AND LEVIES Division 1-Returns to players 6.3.1. Returns to players Division 2-Taxes and levies 6.3.2. Duty payable by participants 6.3.3. Hospitals, charities and mental health levy Division 3-Unclaimed prizes 6.3.4. Unclaimed prizes PART 4-COMPLIANCE REQUIREMENTS Division 1-Accounting records 6.4.1. Accounting records 6.4.2-6.4.4 Repealed Division 2-Complaints 6.4.5. Investigation of complaints PART 5-APPROVAL OF SUBSIDIARIES 6.5.1. Minister may declare company to be participant 6.5.2. Application for approval 6.5.3. Approval of a wholly-owned subsidiary PART 6-GENERAL 6.6.1. Directions to participants to provide information CHAPTER 6A-KENO PART 1-INTRODUCTION 6A.1.1. Purpose 6A.1.2. Definitions PART 2-KENO GAMES Division 1-Legality of keno games 6A.2.1. Keno games conducted under this Chapter are lawful 6A.2.2. Keno not subject to Chapter 3. Division 2-Conducting keno games 6A.2.3. Sale of tickets 6A.2.4. Agents of licensee 6A.2.4A. Termination of certain agent agreements 6A.2.5. Approval of keno system 6A.2.6. Security of certain equipment 6A.2.7. Defective machinery, equipment and computer systems 6A.2.8. Unlawful interference with keno system 6A.2.9. Use of defective keno machinery, equipment or computer system 6A.2.10. Credit and loans 6A.2.11. Keno rules 6A.2.12. Commencement of rules 6A.2.13. Publication and inspection of keno rules 6A.2.14. Disallowance of keno rules PART 2A-APPROVAL OF GAMES AS KENO GAMES 6A.2A.1. Approval of keno games for betting purposes 6A.2A.2. Notice and publication requirements 6A.2A.3. Variation and revocation of approval 6A.2A.4. Approval does not limit Commission's power to approve simulated racing events under Chapter 4. PART 3-KENO LICENCE Division 1-Authority and number of keno licences 6A.3.1. Authority of keno licence 6A.3.2. One licence Division 2-Licensing procedure 6A.3.3. Registration of interest 6A.3.4. Report to Minister by Secretary on registrations of interest 6A.3.5. Application for licence 6A.3.6. Report to Minister by Secretary on applications 6A.3.7. Determination of applications 6A.3.7A. Prohibition on improper interference 6A.3.8. Issue of licence 6A.3.9. Licence conditions 6A.3.9A. Responsible Gambling Code of Conduct is a condition of licence 6A.3.10. Minister may refuse to issue keno licence if related agreements not entered into 6A.3.10A. Related agreements with keno licensee 6A.3.10B. No compensation payable because of a direction to enter into related agreements 6A.3.11. Duration of licence 6A.3.12. Licence may authorise preparatory action 6A.3.13. Premium payment 6A.3.13A. Penalty interest for late payment 6A.3.13B. Recovery of amounts 6A.3.14. Publication and tabling 6A.3.15. Engaging contractors and appointing agents to assist with keno games Division 3-Transfer of licence 6A.3.16. Transfer only under this Division 6A.3.17. Application to transfer licence 6A.3.18. Transfer of a keno licence 6A.3.19. Report to Minister by Commission 6A.3.20. Related agreements 6A.3.21. Publication and tabling Division 4-Amendment and surrender of licence 6A.3.22. Request by licensee for amendment of licence 6A.3.23. Amendment of licence 6A.3.24. Surrender of licence Division 5-Monitoring and disciplinary action 6A.3.25. Associates of licensee 6A.3.26. Grounds for disciplinary action 6A.3.27. Commission may take or recommend disciplinary action 6A.3.28. Minister may take disciplinary action 6A.3.29. Suspension of licence pending criminal proceedings 6A.3.30. Effect of licence suspension Division 6-Temporary keno licence 6A.3.31. Temporary keno licence 6A.3.32. Report to Minister by Commission for a temporary keno licence 6A.3.32A. Report to Minister by Commission for a temporary keno licence issued for 90 days 6A.3.33. Arrangements with former licensee 6A.3.34. Further provisions for temporary licence 6A.3.34A. Related agreements with temporary keno licensee 6A.3.34B. No compensation payable because of a direction to enter into related agreements Division 7-Further information-gathering powers and obligations 6A.3.35. Definitions 6A.3.36. Secretary may require further information 6A.3.37. Updating information provided to Secretary 6A.3.38. Updating information provided to Minister regarding registration of interest or licence application 6A.3.39. Updating licence transfer application 6A.3.39A. Directions to provide information 6A.3.39B. Directions to licensee 6A.3.39C. Claim for prize 6A.3.39D. Unclaimed prizes Division 8-General 6A.3.40. Powers of Secretary PART 4-RETURNS TO PLAYERS, TAXES AND FUNDS Division 1-Returns to players 6A.4.1. Returns to players Division 2-Taxes 6A.4.2. Duty payable by licensee Division 3-Supervision charge 6A.4.3. Supervision charge Division 4-Funds 6A.4.4. Hospitals and Charities Fund and Mental Health Fund PART 5-COMPLIANCE REQUIREMENTS Division 1-Accounting records 6A.5.1. Accounting records Division 2-Complaints 6A.5.2. Investigation of complaints PART 6-OTHER MATTERS 6A.6.1. Trade Practices Act and Competition Code CHAPTER 7-INTERACTIVE GAMING PART 1-INTRODUCTION 7.1.1. Purpose 7.1.2. Definitions 7.1.3. Meaning of interactive game 7.1.4. Meaning of approved game 7.1.5. Participating jurisdictions 7.1.6. Territorial application of this Chapter PART 2-GENERAL AUTHORISATION FOR INTERACTIVE GAMING 7.2.1. Lawful activities 7.2.2. Offence to conduct unauthorised interactive gaming PART 3-INTERACTIVE GAMING LICENCES Division 1-Licensing procedure 7.3.1. Application for interactive gaming licence 7.3.2. Matters to be considered in determining applications 7.3.3. Suitability of applicant to hold interactive gaming licence 7.3.4. Suitability of associates 7.3.5. Determination of applications 7.3.5A. Responsible Gambling Code of Conduct is a condition of licence 7.3.6. Changing conditions of licence 7.3.7. Interactive gaming licence non-transferable 7.3.8. Surrender of interactive gaming licence Division 2-Disciplinary action 7.3.9. Definitions 7.3.10. Grounds for disciplinary action 7.3.11. Taking disciplinary action 7.3.12. Letter of censure 7.3.13. Suspension of interactive gaming licence pending criminal proceedings 7.3.14. Effect of licence suspension Division 3-Endorsement of licence 7.3.15. Power to executors, trustees etc. to carry on business under licence 7.3.16. Effect of endorsements 7.3.17. Licence lapses if not endorsed PART 4-CONTROL OF INTERACTIVE GAMING Division 1-Player registration 7.4.1. Player registration and acceptance of wagers 7.4.2. Repealed 7.4.3. Verification of player's identity Division 2-General conduct of interactive gaming 7.4.4. Compliance with certain conditions 7.4.5. Licensed testers to test interactive gaming equipment 7.4.6. Offence for licensed provider to participate etc. 7.4.7. Commission's power to restrict participation in approved games by gaming officials 7.4.8. Licensed provider not to act as credit provider Division 3-Players' funds and prizes 7.4.9. Players funds 7.4.10. Funds held on behalf of players 7.4.11. Inactive players 7.4.12. Disposal of unclaimed non-monetary prizes 7.4.13. Claims for prize 7.4.14. Monetary prizes not claimed within 2 years 7.4.15. Power to withhold prizes in certain cases Division 4-Responsible gambling measures 7.4.16. Limitation on amount wagered 7.4.17. Self-exclusion order PART 5-RETURNS TO PLAYERS AND TAXES Division 1-Returns to players 7.5.1. Returns to players Division 2-Taxes 7.5.2. Supervision charge 7.5.3. Interactive gaming tax 7.5.4. Returns for calculation of tax 7.5.5. Penalty interest for late payment 7.5.6. Recovery of amounts 7.5.7. Revenue offences PART 6-COMPLIANCE REQUIREMENTS Division 1-Directions 7.6.1. Directions Division 2-Complaint handling 7.6.2. Inquiries about complaints PART 7-ONGOING MONITORING 7.7.1. Investigation of licensed providers 7.7.2. Investigation of business and executive associates of licensed providers 7.7.3. Requirement to give information or document for investigation 7.7.4. Notification of persons becoming associates 7.7.5. Investigation of associates and others 7.7.6. Termination of association PART 8-TRIBUNAL REVIEWS 7.8.1. Review by Tribunal CHAPTER 8-COMMUNITY AND CHARITABLE GAMING PART 1-INTRODUCTION 8.1.1. Purpose 8.1.2. Definitions PART 2-LEGALITY OF COMMUNITY AND CHARITABLE GAMING 8.2.1. Community and charitable gaming declared lawful 8.2.2. Minor gaming must be in accordance with Chapter etc. 8.2.3. Permit not required for raffle where prize value $5000 or less 8.2.4. Permit not required for some bingo sessions 8.2.4A. Bingo sessions conducted by others 8.2.5. Disclosure if raffle proceeds to be paid to or for a political party PART 3-COMMUNITY OR CHARITABLE ORGANISATIONS Division 1-Community or charitable organisations 8.3.1. Application to be declared as a community or charitable organisation 8.3.2. Commission may require further information etc. 8.3.3. Commission may make declaration 8.3.4. Can the applicant appeal? 8.3.5. Commission to determine appeal 8.3.6. Duration of declaration 8.3.7. Commission may require organisation to show cause 8.3.8. Organisation may make submissions 8.3.9. Revocation of declaration 8.3.10. Appeal to Supreme Court 8.3.11. Suspension of declaration 8.3.11A. Investigation of community or charitable organisations 8.3.11B. Provision of information Division 2-Minor gaming permits 8.3.12. Application for minor gaming permit 8.3.13. Determination of application 8.3.14. What does a minor gaming permit authorise? 8.3.15. Duration of minor gaming permit 8.3.16. Nominee of organisation 8.3.17. Amendment of permit conditions 8.3.18. Appeal Division 3-Disciplinary action 8.3.19. Definitions 8.3.20. Taking disciplinary action 8.3.21. Letter of censure 8.3.22. Performance of functions PART 4-CONDUCT OF COMMUNITY AND CHARITABLE GAMING Division 1-Lucky envelopes 8.4.1. Lucky envelopes must comply with prescribed standards 8.4.2. Lucky envelopes only to be supplied to permit holder Division 2-Bingo 8.4.3. Bingo equipment must comply with prescribed standards 8.4.4. Restriction on supply of bingo equipment 8.4.5. Braille bingo tickets 8.4.6. Permit holder may contract with bingo centre operator to conduct bingo 8.4.7. Expenses operators can charge for bingo Division 3-Bingo pooling schemes 8.4.8. When can a pooling scheme operate? 8.4.9. Membership of pooling scheme 8.4.10. Pooling scheme rules 8.4.11. Commission may specify matters for rules 8.4.12. Disallowance of rules 8.4.13. Scheme administrator 8.4.14. Amendment of rules 8.4.15. Declaration of interest 8.4.16. Application to political parties PART 5-BINGO CENTRES Division 1-Licensing of bingo centre operators 8.5.1. Requirement to be licensed 8.5.2. Application for licence 8.5.3. Application procedure 8.5.4. Objections 8.5.5. Responsible authority's report 8.5.6. Matters to be considered in determining applications 8.5.7. Determination of applications 8.5.7A. Responsible Gambling Code of Conduct is a condition of licence 8.5.8. Duration of licence 8.5.9. Nominee of licensee 8.5.10. Licence non-transferable 8.5.11. Licence renewal 8.5.12. Amendment of conditions 8.5.13. Disciplinary action 8.5.14. Letter of censure 8.5.15. Effect and maximum period of suspension of bingo centre operator's licence 8.5.16. Suspension of bingo centre operator's licence pending criminal proceedings 8.5.17. Licence document to be surrendered 8.5.18. Provisional bingo centre operator's licence Division 2-Repealed 8.5.19-8.5.36 Repealed Division 3-Compliance requirements and monitoring 8.5.37. Accounts and financial statements 8.5.38. Returns to the Commission 8.5.39. Notification of persons becoming associates 8.5.40. Investigation of associates 8.5.41. Termination of association 8.5.42. Gaming machines in bingo centres PART 5A-COMMERCIAL RAFFLE ORGANISERS 8.5A.1. Definition 8.5A.2. Requirement to be licensed 8.5A.3. Commission may require person to show cause 8.5A.4. Appeal 8.5A.5. Application for licence 8.5A.6. Objections 8.5A.7. Matters to be considered in determining applications 8.5A.8. Determination of application 8.5A.8A. Responsible Gambling Code of Conduct is a condition of licence 8.5A.9. Duration of licence 8.5A.10. Nominee of licensee 8.5A.11. Licence non-transferable 8.5A.12. Licence renewal 8.5A.13. Amendment of conditions 8.5A.14. Disciplinary action 8.5A.15. Letter of censure 8.5A.16. Effect and maximum period of suspension of commercial raffle organiser's licence 8.5A.17. Suspension of commercial raffle organiser's licence pending criminal proceedings 8.5A.18. Licence document to be surrendered 8.5A.19. Provisional commercial raffle organiser's licence 8.5A.20. Notification of persons becoming associates 8.5A.21. Investigation of associates 8.5A.22. Termination of association 8.5A.23. Community or charitable organisation may contract with licensee to conduct raffle 8.5A.24. Expenses licensee can charge for raffle 8.5A.25. Promotion of raffle 8.5A.26. Accounts and financial statements 8.5A.27. Returns to the Commission PART 6-GENERAL COMPLIANCE REQUIREMENTS Division 1-Banking and records 8.6.1. Banking 8.6.2. Records Division 2-Ongoing notification requirements 8.6.3. Change in situation of person or associate PART 7-REVIEWS 8.7.1. Tribunal reviews PART 8-GENERAL 8.8.1. Refusal to issue licence or permit CHAPTER 9-ONBOARD GAMING PART 1-INTRODUCTION 9.1.1. Purpose 9.1.2. Definitions 9.1.3. Application of Chapter PART 2-APPLICATION OF TASMANIAN ACT 9.2.1. Tasmanian Act applies as law of Victoria 9.2.2. Amendment of Schedules PART 3-FURTHER PROVISIONS REGULATING ONBOARD GAMING Division 1-Legality of onboard gaming 9.3.1. Legality of onboard gaming 9.3.2. Non-applicability of other laws Division 2-Conduct of onboard gaming 9.3.3. Limit on number of gaming machines 9.3.4. Unlawful interference with gaming equipment 9.3.5. Inducements, cheating etc. Division 3-Taxes 9.3.6. Revenue-sharing agreement PART 4-SUSPENSION OF CHAPTER 9.4.1. Suspension of Chapter CHAPTER 9A-LICENSING OF GAMING INDUSTRY EMPLOYEES 9A.1.1. Definitions 9A.1.2. Authority conferred by a gaming industry employee's licence 9A.1.3. Gaming industry employees to be licensed 9A.1.4. Application for gaming industry employee's licence 9A.1.5. Determination of application 9A.1.6. Conditions of gaming industry employee's licence 9A.1.7. Appeal 9A.1.8. Identification of gaming industry employee 9A.1.9. Provisional licence 9A.1.10. Duration of gaming industry employee's licence 9A.1.11. Renewal of gaming industry employee's licence 9A.1.12. Disciplinary action 9A.1.13. Suspension of gaming industry employee's licence in connection with criminal proceedings 9A.1.14. Effect etc. of suspension 9A.1.15. Return of licence on suspension or cancellation 9A.1.16. Termination of employment on suspension or cancellation of licence 9A.1.17. Licensee to provide information relating to licence 9A.1.18. Compulsory training for certain gaming industry employees 9A.1.19. Venue operator may perform duties of gaming industry employee 9A.1.20. Volunteers at bingo centres 9A.1.21. Casino employees 9A.1.22. Change in situation of licensees CHAPTER 10-ADMINISTRATION AND ENFORCEMENT PART 1-VICTORIAN COMMISSION FOR GAMBLING REGULATION Division 1-Establishment 10.1.1. Establishment of Commission 10.1.2. Relationship to the Crown 10.1.3. Objectives of Commission 10.1.4. Functions of Commission 10.1.5. Powers of Commission 10.1.5A. Standards for approvals of technical equipment and systems Division 2-Membership of Commission 10.1.6. Constitution of Commission 10.1.7. Qualifications and eligibility for appointment 10.1.8. Chairperson and Deputy Chairperson 10.1.9. Executive Commissioner 10.1.9A. Additional commissioners 10.1.10. Sessional commissioners 10.1.11. Term of appointment 10.1.12. Remuneration 10.1.13. Vacancies and resignation 10.1.14. Acting appointments 10.1.15. Validity of decisions Division 3-Performance of Commission's functions 10.1.16. Basic requirement 10.1.17. How may Commission's functions be performed? 10.1.18. Meetings 10.1.19. Disclosure of pecuniary interest 10.1.20. Commission may hold inquiries 10.1.21. Representation 10.1.22. Are Commission proceedings open to the public? Division 4-Reasons for decisions 10.1.23. Commission to give written statement after public hearing or on request 10.1.24. Request for statement of reasons for decision Division 5-Staffing and delegation 10.1.25. Staff 10.1.26. Delegation 10.1.27. Protection of Commissioners 10.1.28. Conflict of interest and duty Division 6-Confidentiality 10.1.29. Definitions 10.1.30. General duty of confidentiality 10.1.31. Disclosure in legal proceedings 10.1.32. Other permitted disclosures 10.1.33. Aggregation of statistical information 10.1.34. Third party disclosures 10.1.35-10.1.37 Repealed PART 1A-THE MINISTER AND THE SECRETARY 10.1A.1. Nomination of assistants and advisers PART 2-RESPONSIBLE GAMBLING MINISTERIAL ADVISORY COUNCIL 10.2.1. Minister may establish Responsible Gambling Ministerial Advisory Council 10.2.2. Function of Council 10.2.3-10.2.13 Repealed PART 2A-REVIEW PANEL Division 1-Introduction 10.2A.1. Definitions Division 2-Establishment and functions 10.2A.2. Establishment of Review Panel 10.2A.3. Functions and powers of Review Panel Division 3-Membership of Review Panel 10.2A.4. Membership of Review Panel 10.2A.5. Chairperson 10.2A.6. Other members 10.2A.7. Vacancies and resignation 10.2A.8. Acting chairperson Division 4-Procedure of Review Panel 10.2A.9. Meetings 10.2A.10. Reports 10.2A.11. Publication of Review Panel reports 10.2A.12. Direction in response to Review Panel's reports PART 3-FUNDS Division 1-Community Support Fund 10.3.1. Community Support Fund 10.3.2. Payments into Community Support Fund 10.3.3. Payments from the Community Support Fund 10.3.3A. Additional payment from the Community Support Fund Division 2-Mental Health Fund 10.3.4. Mental Health Fund 10.3.5. Payments into the Mental Health Fund 10.3.6. Payments from the Mental Health Fund PART 4-INVESTIGATIONS AND INFORMATION GATHERING BY THE COMMISSION Division 1-Investigation of applications 10.4.1. Application of Division 10.4.2. Investigation of application 10.4.3. Photographs, finger prints and palm prints 10.4.4. Police inquiry and report 10.4.5. Commission may require further information etc. 10.4.6. Updating of application 10.4.7. Costs of investigating applications Division 1A-Investigations of registrations of interest and applications for wagering and betting licence and keno licence 10.4.7A. Definitions 10.4.7B. Investigations and inquiries 10.4.7C. Photographs, finger prints and palm prints 10.4.7D. Police inquiry and report 10.4.7E. Commission may require further information 10.4.7F. Updating information 10.4.7G. Costs of investigating 10.4.7H. Service agreement 10.4.7HA. Powers of Secretary Division 1B-Investigations of transfers of monitoring licence, wagering and betting licence and keno licence and temporary licensing 10.4.7I. Definitions 10.4.7J. Investigations and inquiries 10.4.7K. Photographs, finger prints and palm prints 10.4.7L. Police inquiry and report 10.4.7M. Commission may require further information 10.4.7N. Updating information 10.4.7O. Costs of investigating Division 1C-Investigations of persons for suitability for invitation, and to apply, for monitoring licence 10.4.7P. Definitions 10.4.7Q. Investigations and inquiries 10.4.7R. Photographs, finger prints and palm prints 10.4.7S. Police inquiry and report 10.4.7T. Commission may require further information 10.4.7U. Updating information 10.4.7V. Costs of investigating 10.4.7W. Service agreement 10.4.7X. Powers of Secretary Division 1D-Investigations of applications for monitoring licence 10.4.7Y. Definitions 10.4.7Z. Investigations and inquiries 10.4.7ZA. Photographs, finger prints and palm prints 10.4.7ZB. Police inquiry and report 10.4.7ZC. Commission may require further information 10.4.7ZD. Updating information 10.4.7ZE. Costs of investigating 10.4.7ZF. Service agreement 10.4.7ZG. Powers of Secretary Division 2-General investigatory powers of Commission 10.4.8. Definitions 10.4.9. General investigations 10.4.10. Provision of information Division 3-Information gathering for law enforcement purposes 10.4.11. Information gathering for law enforcement purposes PART 5-COMPLIANCE AND ENFORCEMENT Division 1-Inspectors 10.5.1. Appointment 10.5.2. Criminal record checks 10.5.3. Identity cards 10.5.4. Police may perform functions of inspectors 10.5.5. Responsibilities of inspectors while on duty 10.5.6. Former inspectors Division 2-Functions of inspectors 10.5.7. Functions of inspectors 10.5.8. Right of entry 10.5.9. Powers of inspectors 10.5.10. Power to require names and addresses 10.5.11. Inspector to investigate complaints 10.5.12. Search warrants 10.5.13. Announcement before entry 10.5.14. Copy of warrant to be given to occupier or person in charge of vehicle 10.5.14A. Search and seizure powers under section 2.6.2 not affected Division 3-Offences 10.5.15. Offences relating to obstruction of inspectors 10.5.16. False or misleading information 10.5.17. Impersonation of inspectors or commissioners 10.5.18. Bribery of authorised person 10.5.19. Protection against self-incrimination Division 4-Infringement notices 10.5.20. Power to serve a notice 10.5.21. Prescribed infringement penalty 10.5.22-10.5.26 Repealed 10.5.27. Proof of prior convictions Division 5-Forfeiture 10.5.28. Forfeiture 10.5.29. Seizure and forfeiture of equipment Division 6-Prosecutions and evidentiary provisions 10.5.30. Offences by bodies 10.5.31. Proceedings 10.5.32. Evidence PART 6-SELF EXCLUSION PROGRAMS AND RESPONSIBLE GAMBLING CODES OF CONDUCT Division 1-Self-exclusion programs 10.6.1. Ministerial directions as to requirements of self-exclusion programs 10.6.2. Self-exclusion program additional requirements 10.6.3. Approval of self-exclusion program 10.6.4. Obligation on venue operators if requirements in respect of self-exclusion program change 10.6.4A. Venue operator may apply to Commission to approve amended self-exclusion program Division 2-Responsible Gambling Codes of Conduct 10.6.5. Definition 10.6.6. Ministerial directions as to requirements of Responsible Gambling Codes of Conduct 10.6.7. Responsible Gambling Code of Conduct additional requirements 10.6.8. Approval of Responsible Gambling Code of Conduct 10.6.9. Obligation on relevant persons if requirements in respect of Responsible Gambling Code of Conduct change 10.6.9A. Relevant person may apply to Commission to approve amended Code of Conduct Division 3-General 10.6.10. Reports to Minister PART 7-MINORS 10.7.1. Definitions 10.7.2. Application of Part 10.7.3. Offences in respect of allowing a minor to gamble 10.7.4. Offence to assist minor to gamble 10.7.5. Offence by minor to gamble 10.7.6. Offences in respect of minors in a gaming machine area or casino 10.7.7. Offence by minor to enter gaming machine area or casino 10.7.8. Offence by minor using false evidence of age 10.7.9. Notices to be displayed 10.7.10. Supervision of vending machines 10.7.11. No offence if gambling employee a minor 10.7.12. Defences 10.7.13. Proof of age may be required CHAPTER 11-GENERAL PART 1-ADMINISTRATIVE PROVISIONS Division 1-Service of documents 11.1.1. Service of documents on Commission 11.1.2. Service of documents on other persons Division 2-Records and forms 11.1.3. Records not kept in writing 11.1.4. Sufficient compliance with approved forms Division 3-General 11.1.5. Destruction of finger prints and palm prints 11.1.6. Refund of fees 11.1.7. Supreme Court-limitation of jurisdiction 11.1.8. No entitlement to or legitimate expectation of licence PART 2-REGULATIONS 11.2.1. Regulations CHAPTER 12-AMENDMENTS, REPEALS AND TRANSITIONAL AND OTHER PROVISIONS PART 1-AMENDMENTS AND REPEALS 12.1.1. Repeals 12.1.2. Casino Control Act 1991. 12.1.3. Further consequential amendments 12.1.4. Gaming and Betting Act 1994-unclaimed refunds and dividends 12.1.5. Abolition of special tax arrangements for tabarets PART 2-TRANSITIONAL PROVISIONS 12.2.1. Transitional provisions PART 3-TATTERSALL'S 12.3.1. Definition 12.3.2. Transfer of Trustees' gaming operator's licence 12.3.3. Transfer of Trustees' public lottery licence __________________ SCHEDULE 1-Subject Matter for Regulations PART 1-CLUB KENO PART 2-COMMUNITY AND CHARITABLE GAMING PART 3-GAMING MACHINES PART 3A-WAGERING, GAMING AND BETTING PART 4-LOTTERIES PART 4A-GAMING INDUSTRY EMPLOYEES PART 5-GENERAL SCHEDULE 2-Modifications of Tasmanian Act SCHEDULE 3-Modifications of Tasmanian Regulations SCHEDULE 4-Forms for Chapter 2. Form 1-Special Warrant Form 2-Special Warrant Form 3-Warrant to Imprison SCHEDULE 5-Amendments to Casino Control Act 1991. SCHEDULE 6-Further Consequential Amendments 1. Audit Act 1994. 2. Casino (Management Agreement) Act 1993. 3. Confiscation Act 1997. 4. Electoral Act 2002. 5. Repealed 6. Health Services Act 1988. 7. Judicial Proceedings Reports Act 1958. 8. Legal Practice Act 1996. 9. Liquor Control Reform Act 1998. 10. Racing Act 1958. 11. Retail Leases Act 2003. 12. Repealed 13. Tobacco Act 1987. SCHEDULE 7-Transitional Provisions PART 1-INTRODUCTION 1.1. Definitions 1.2. General transitional provisions 1.3. Savings and transitional regulations PART 2-GENERAL PROHIBITION ON GAMBLING 2.1. Unlawful lotteries and games 2.2. Betting offences 2.3. Common gaming houses PART 3-GAMING MACHINES 3.1. Declaration of gaming machines and types 3.2. Ministerial directions and regional limits 3.3. Premises approvals 3.4. Venue operator's licences 3.5. Gaming operator's licences 3.6. Special employee's licences 3.7. Technician's licences 3.8. Roll of Manufacturers, Suppliers and Technicians 3.9. Manufacture, supply and possession of gaming machines 3.10. Controls over gaming machines and games 3.11. Gaming machine advertising and signs 3.12. Loyalty schemes 3.13. Notices regarding minors 3.14. Taxation, etc. 3.15. Compliance requirements PART 4-WAGERING AND BETTING 4.1. Approval of totalisator equipment 4.2. Wagering licence and gaming licence 4.3. Shareholding requirements 4.4. On-course wagering permits 4.5. Approved betting competitions 4.6. Taxes 4.7. Offences 4.8. Compliance requirements PART 5-LOTTERIES 5.1. Lottery rules 5.2. Conduct of public lotteries 5.3. Public lottery licences 5.4. Trustees entitled to public lottery licence 5.5. Subsidiaries appointed to conduct public lotteries 5.6. Taxes 5.7. Saving of existing agreements with other jurisdictions 5.8. Compliance requirements 5.9. Claims for prizes 5.10. Complaints 5.11. Ongoing monitoring 5.12. Trade promotion lotteries PART 6-CLUB KENO 6.1. Approval of club keno 6.2. Commercial arrangements between participants 6.3. Subsidiary of Trustees 6.4. Conduct of club keno games 6.5. Compliance requirements 6.6. Investigation of complaints PART 7-INTERACTIVE GAMING 7.1. Participating jurisdictions 7.2. Prohibited games 7.3. Interactive gaming licences 7.4. Player registration 7.5. Conduct of interactive gaming 7.6. Prizes 7.7. Self-exclusion orders 7.8. Returns to players and taxes 7.9. Compliance requirements 7.10. Ongoing monitoring 7.11. VCAT reviews PART 8-COMMUNITY AND CHARITABLE GAMING 8.1. Community and charitable organisations 8.2. Minor gaming permits 8.3. Agreements with bingo centre operators 8.4. Pooling schemes 8.5. Bingo centre operator's licences 8.6. Bingo centre employee's licences 8.7. Monitoring of associates 8.8. General compliance requirements 8.9. Disciplinary action 8.10. VCAT reviews PART 9-ONBOARD GAMING 9.1. Limit on number of gaming machines 9.2. Taxes PART 10-ADMINISTRATION AND ENFORCEMENT 10.1. Commission succeeds Authority and Directors 10.2. Inquiries in progress 10.3. Confidentiality 10.4. Repealed 10.5. Inspectors 10.6. General investigations in progress 10.7. Provision of information PART 11-GENERAL 11.1. Approved forms 11.2. Applications in progress 11.3. Destruction of finger prints 11.4. References to superseded Acts PART 12-GAMBLING REGULATION (AMENDMENT) ACT 2004. 12.1. Definition 12.2. Club keno 12.3. Compliance requirements 12.4. Audit requirements PART 13-GAMBLING REGULATION (FURTHER AMENDMENT) ACT 2004. 13.1. Special employee's licences 13.2. Technician's licences 13.3. Bingo centre employee's licences 13.4. Provisional licences 13.5. Raffles 13.6. Gambling Research Panel PART 14-GAMBLING REGULATION (PUBLIC LOTTERY LICENCES) ACT 2005. 14.1. Approval of computer system 14.2. Term of public lottery licence PART 15-GAMBLING AND RACING LEGISLATION AMENDMENT (SPORTS BETTING) ACT 2007. 15.1. Approved betting competitions PART 16-STATE TAXATION AND GAMBLING LEGISLATION AMENDMENT (BUDGET MEASURES) ACT 2007. 16.1. Commissions on wagering events PART 17-GAMBLING REGULATION AMENDMENT ACT 2007. 17.1. Definition 17.2. Ministerial orders and Commission directions and determinations 17.3. Community benefit statements PART 18-GAMBLING LEGISLATION AMENDMENT (PROBLEM GAMBLING AND OTHER MEASURES) ACT 2007. Division 1-Preliminary 18.1. Definition Division 2-Publication and use of race fields 18.2. Publication and use approvals Division 3-Self-exclusion programs 18.3. Venue operator's licence Division 4-Responsible Gambling Codes of Conduct 18.4. Venue operator's licence 18.5. The wagering licence 18.6. Public lottery licence 18.7. Club keno system 18.8. Interactive gaming licence 18.9. Bingo centre operator's licence 18.10. Commercial raffle organiser's licence PART 19-GAMBLING REGULATION AMENDMENT (LICENSING) ACT 2008. 19.1. Commissioners PART 20-RACING AND GAMBLING LEGISLATION AMENDMENT ACT 2008. 20.1. Definition 20.2. Registration of bookmakers 20.3. Approval of bookmakers to be in partnerships 20.4. Approval of companies to act as bookmakers 20.5. Registration of bookmaker's clerks 20.6. Applications made but not determined 20.7. Disciplinary action by the Commission 20.8. Guarantee of bookmakers against defaults in payment of wagers PART 21-GAMBLING LEGISLATION AMENDMENT (RESPONSIBLE GAMBLING AND OTHER MEASURES) ACT 2008. 21.1. Definition of amending Act 21.2. Community and charitable gaming 21.3. Bingo PART 22-GAMBLING REGULATION AMENDMENT (LICENSING) ACT 2009. 22.1. Current venue operator's licences 22.1A. Existing venue operator's licences to be club venue operator's licences or hotel venue operator's licences 22.1AB. Venue operators that do not hold a club licence, pub licence or racing club licence 22.1B. Minister's power to make directions relating to gaming machine numbers to continue until specified date 22.1C. Current Ministerial directions relating to gaming machine numbers 22.2. Approved betting competitions that are live events PART 23-JUSTICE LEGISLATION AMENDMENT ACT 2009. 23.1. Definition 23.2. Bookmaker's registration PART 24-GAMBLING REGULATION FURTHER AMENDMENT ACT 2009. 24.1. Specified areas --------------- ENDNOTES 1. General Information 2. Table of Amendments 3. Explanatory Details CHAPTER 1-PRELIMINARY Gambling Regulation Act 2003 - SECT 1.1. Purpose, objectives and outline 1.1. Purpose, objectives and outline (1) The main purpose of this Act is to re-enact and consolidate the law relating to various forms of gambling and to establish a Victorian Commission for Gambling Regulation. (2) The main objectives of this Act are- (a) to foster responsible gambling in order to- (i) minimise harm caused by problem gambling; and (ii) accommodate those who gamble without harming themselves or others; (ab) to ensure that minors are neither encouraged to gamble nor allowed to do so; (b) to ensure that gaming on gaming machines is conducted honestly; (c) to ensure that the management of gaming machines and gaming equipment is free from criminal influence and exploitation; (d) to ensure that other forms of gambling permitted under this or any other Act are conducted honestly and that their management is free from criminal influence and exploitation; (e) to ensure that- (i) community and charitable gaming benefits the community or charitable organisation concerned; (ii) practices that could undermine public confidence in community and charitable gaming are eliminated; (iii) bingo centre operators do not act unfairly in providing commercial services to community or charitable organisations; (f) to promote tourism, employment and economic development generally in the State. (3) In outline, this Act- (a) generally prohibits gambling and activities relating to gambling unless authorised under this Act or the Casino Control Act 1991; (b) provides for the conduct under licence of gaming on gaming machines at approved venues and the casino; (c) provides for the licensing of wagering and betting competitions, including on-course wagering; (d) provides for the conduct under licence of public lotteries and trade promotion lotteries; (e) provides for the conduct of club keno games; (f) provides for the conduct under licence of interactive gaming; (g) provides for the conduct of gaming by community or charitable organisations; (h) provides for the licensing of bingo centre operators and employees; (i) provides for the conduct of gaming on board ships travelling between Victoria and Tasmania; (j) establishes the Victorian Commission for Gambling Regulation to oversee gambling in Victoria; (k) establishes a Review Panel to report to the Minister on certain processes; (l) provides for the appointment of inspectors and inspection powers to ensure compliance with the Act; (m) sets out offences; (n) repeals 8 existing Acts that prohibit or regulate various forms of gambling, amends the Casino Control Act 1991 and makes consequential amendments to other Acts. (4) Subsection (3) is intended only as a guide to readers as to the general scheme of this Act. Gambling Regulation Act 2003 - SECT 1.2. Commencement 1.2. Commencement (1) This Chapter and section 12.1.4 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsections (2A), (3) and (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (2A) Section 3.6.12 comes into operation on 1 July 2004. (3) Section 12.1.5 comes into operation on 1 July 2009. (4) If a provision referred to in subsection (2) (other than section 3.6.12 or 12.1.5) does not come into operation before 1 July 2005, it comes into operation on that day. Gambling Regulation Act 2003 - SECT 1.3. Definitions 1.3. Definitions (1) In this Act- AFL footy tipping competition means a lottery in which the prizes are distributed on the basis of results of matches in the Australian Football League and in accordance with the lottery rules for the lottery; aircraft means a machine or structure used or intended to be used for navigation of the air; amusement machine means- (a) any machine, device, contrivance or electronic apparatus operated for pecuniary consideration for the purpose of playing games which involve the activation or manipulation of the machine, device, contrivance or electronic apparatus to achieve a pre-set, programmed, designated or otherwise defined score, object or result; and (b) any machine, device, contrivance or electronic apparatus prescribed as an amusement machine; approved betting competition means a betting competition approved by the Minister under section 4.5.3 or the Commission under section 4.5.6; approved betting event has the meaning given in section 4.5.1; * * * * * * * * * * approved gaming machine means a gaming machine of a type approved by the Commission under section 3.5.4; approved racing club means a club, society or other association the rules of which are approved under section 26 of the Racing Act 1958; approved venue means premises- (a) to which a venue operator's licence applies; and (b) in respect of which an approval is in force under Part 3 of Chapter 3; associate has the meaning given in section 1.4; * * * * * authorised deposit-taking institution has the same meaning as in the Banking Act 1959 of the Commonwealth; authorised person means- (a) a commissioner; or (b) an inspector; or (c) a person appointed under subsection (3); authorising officer, of a club that is- (a) a company, means the company's secretary; (b) a co-operative (within the meaning of the Co-operatives Act 1996), means the secretary of the co-operative; (c) an incorporated association (within the meaning of the Associations Incorporation Act 1981), means the public officer or secretary of the association; betting contract means a contract, arrangement or understanding- (a) to make a bet; or (b) to enter into betting or take a share or interest in another transaction that involves a bet; betting exchange means a facility, electronic or otherwise, that provides a mechanism through which- (a) offers to enter into betting contracts are regularly made and accepted; or (b) offers or invitations to enter into betting contracts are regularly made that are intended to result, or may reasonably be expected to result, directly or indirectly, in the acceptance of the offers or invitations- but does not include a facility that provides a mechanism through which a betting contract is able to be made with a bookmaker or a totalisator; betting rules means rules made in accordance with Chapter 4 for wagering or approved betting competitions; bingo means the game of bingo or any similar game; bingo centre means a house or place in which there is regularly conducted more than 7 sessions of bingo within a period of 7 consecutive days; * * * * * * * * * * bingo centre operator means the holder of a bingo centre operator's licence; bingo centre operator's licence means a licence to operate a bingo centre under Division 1 of Part 5 of Chapter 8; bookmaker includes- (a) a person who (whether on the person's own account or as employee or agent of any other person) carries on the business or vocation of or acts as a bookmaker or turf commission agent; (b) a person who gains or endeavours to gain a livelihood wholly or partly by betting or making wagers; bookmaker's key employee means a person who is- (a) employed by a bookmaker in a managerial capacity; or (b) authorised to make decisions, involving the exercise of his or her discretion, which are relevant to the business operations of a bookmaker; or (c) employed in any other activity relating to the operations of a bookmaker that is specified by the Commission; cash facility means- (a) an automatic teller machine; or (b) an EFTPOS facility; or (c) any other prescribed facility that enables a person to gain access to his or her funds or to credit; casino has the same meaning as in the Casino Control Act 1991; casino licence means a casino licence issued under the Casino Control Act 1991; casino operator has the same meaning as in the Casino Control Act 1991; casino special employee's licence means a licence issued under Part 4 of the Casino Control Act 1991; club includes club, society or other association of persons by whatever name called and whether incorporated or unincorporated; club gaming machine entitlement means a gaming machine entitlement that is subject to a venue condition that authorises the conduct of gaming in an approved venue in respect of which a club licence or racing club licence is in force; club keno game means a game that complies with the prescribed requirements and is known as club keno; club keno system means an electronic system for conducting and monitoring club keno games, including terminals and peripheral equipment for selling tickets and for validating winning tickets, visual display units, the central processing unit, the game result determination device, front-end devices and other equipment for communication within the system and software in so far as it relates to the conduct and monitoring of club keno games; club licence means a club licence (whether full or restricted) under section 10 of the Liquor Control Reform Act 1998; commercial raffle organiser means a person, other than an employee of the holder of a minor gaming permit, who is retained on a commercial basis to conduct a raffle, in whole or in part; commercial raffle organiser's licence means a licence granted under Part 5A of Chapter 8; Commission means Victorian Commission for Gambling Regulation established by section 10.1.1; commissioner means a member of the Commission; common gaming house or place has the meaning given in section 2.5.20; community or charitable organisation means an organisation declared to be a community or charitable organisation under Division 1 of Part 3 of Chapter 8; community purpose- (a) in Division 2 of Part 6 of Chapter 3, has the meaning given in section 3.6.2; (b) elsewhere, means- (i) any philanthropic or benevolent purpose, including the promotion of art, culture, science, religion, education or charity, and including the benefiting of a fund certified to be a patriotic fund under section 24 of the Patriotic Funds Act 1958 or the fund or part of the fund of the Australian Red Cross Society; or (ii) any sporting or recreational purpose, including the benefiting of any sporting or recreational club or association; computer cabinet, in relation to a gaming machine, means the sealable cabinet in the machine that contains the game program storage medium and the Random Access Memory; computer server means a computer that is capable of- (a) communicating with another computer; and (b) providing to that other computer- (i) access to a database; or (ii) transaction based services; or (iii) software applications; conduct includes carry on, manage or assist in carrying on or managing; conduct of gaming has the meaning given in section 3.1.4; constituting document, of a club that is- (a) a company, means the constitution of the company; (b) a co-operative (within the meaning of the Co-operatives Act 1996), means the rules of the co-operative; (c) an incorporated association (within the meaning of the Associations Incorporation Act 1981), means the rules of the association; decision, in relation to the Commission, includes determination; declared operator of a gaming operator's licence, means the company (if any) declared under section 3.9.1 as operator in relation to the licence; director, in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act; domestic partner of a person means- (a) a person who is in a registered relationship with the person; or (b) an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person- (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); 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; executive officer, has the meaning given in section 1.4; Executive Commissioner means Executive Commissioner of the Commission appointed under section 10.1.9; externally-administered body corporate has the same meaning as in the Corporations Act; function includes power, authority and duty; fundraising event means an event conducted by a community or charitable organisation for the purpose of raising money for the organisation and at which unlawful games are played; gambling business means the business of conducting or operating an activity that is regulated by this Act; gaming Act means- (a) this Act; (b) the Casino Control Act 1991; gaming equipment means any- (a) gaming machine; (b) linked jackpot equipment; (c) electronic monitoring system; (d) part of, or replacement part for, any such machine, equipment or system; (e) restricted component; gaming industry employee's licence means a licence issued under Chapter 9A; gaming licence means the gaming licence granted under Part 3 of Chapter 4; gaming machine means any device, whether wholly or partly mechanically or electronically operated, that is so designed that- (a) it may be used for the purpose of playing a game of chance or a game of mixed chance and skill; and (b) as a result of making a bet on the device, winnings may become payable- and includes any machine declared to be a gaming machine under section 3.1.3 but does not include- (c) a lucky envelope vending machine within the meaning of Chapter 8; or (d) interactive gaming equipment that is used or intended to be used for the purposes of interactive games and not for gaming of any other kind; gaming machine area means- (a) in relation to an approved venue, an area in the approved venue that is approved by the Commission under Part 3 of Chapter 3 as an area in which a gaming machine is permitted to be installed; or (b) in relation to a casino, an area in the casino that is determined by the Commission under section 3.1.5(3A) to be a gaming machine area only for the purposes referred to in that subsection; gaming machine entitlement means an entitlement created under Part 4A of Chapter 3; gaming machine entitlement declared day, in relation to a gaming machine entitlement, means the day declared by the Minister under section 3.4A.1 in relation to that entitlement; gaming machine type means a type of gaming machine, including the machine cabinet and computer hardware and software, on which a range of games may be played without any alteration to the gaming machine other than the substitution of a new game program or an alteration to the information or artwork displayed on the gaming machine; gaming operator means- (a) the holder of a gaming operator's licence and the declared operator (if any) of the licence; (b) the holder of the gaming licence and the operator or operators (if any) of the licence approved under section 4.3.15(1)(b); gaming operator's licence means a licence granted under Division 3 of Part 4 of Chapter 3; gaming regulations means regulations made under a gaming Act; gaming token means Australian currency or any token, credit or any other thing that enables a bet to be made on a gaming machine; greyhound race means a race in which greyhounds compete; GST has the same meaning as it has in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; harness race means a race in which horses compete moving at a gait generally known as pacing or trotting; Hospitals and Charities Fund means the fund established under section 136 of the Health Services Act 1988; horse race means a race in which horses compete but does not include a harness race; hotel gaming machine entitlement means a gaming machine entitlement that is subject to a venue condition that authorises the conduct of gaming in an approved venue in respect of which a pub licence is in force; * * * * * inspector means an inspector appointed under section 10.5.1; interactive game has the meaning given by section 7.1.3; interactive gaming equipment has the meaning given in section 7.1.2; interactive gaming licence means a licence under Part 3 of Chapter 7; keno game means a game approved by the Minister under Part 2A of Chapter 6A; keno licence means the licence granted under Part 3 of Chapter 6A or a temporary keno licence issued under section 6A.3.31; keno licensee means the holder of the keno licence; keno system means an electronic system for conducting and monitoring keno games, including terminals and peripheral equipment for selling tickets and for validating winning tickets, visual display units, the central processing unit, the game result determination device, front-end devices and other equipment for communication within the system and software in so far as it relates to the conduct and monitoring of keno games; key operative means- (a) the holder of the gaming licence and the wagering licence; (ab) the wagering and betting licensee; (b) the holder of a gaming operator's licence; (c) the holder of a venue operator's licence; (ca) the keno licensee; (d) a person listed on the Roll; (e) a casino operator; (f) a holder of a public lotteries licence; (g) a holder of an interactive gaming licence; (h) a bingo centre operator; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; licensed premises has the same meaning as in the Liquor Control Reform Act 1998; licensed provider means a person who is licensed under Part 3 of Chapter 7 to conduct interactive games; licensed racing club means Harness Racing Victoria, Greyhound Racing Victoria or a club licensed under section 24A of the Racing Act 1958; * * * * * liquor has the same meaning as in the Liquor Control Reform Act 1998; lottery includes- (a) any scheme by which prizes of money or of any other property, matter or thing are, or are proposed to be, drawn or won by lot, dice or any other mode of chance or by reference to any event or contingency dependent on chance; or (b) any scheme in which any such prizes are, or are proposed to be, given and in which at any stage the persons eligible to receive the prizes or to participate further in the scheme are, or are to be, determined by lot, dice or any other mode of chance or by reference to any event or contingency dependent on chance despite that at an earlier or later stage a test of knowledge or skill is or may be required to be passed by any person in order to qualify him or her to receive a prize or to participate further in the scheme- whether the scheme is real or pretended or is established or conducted, or intended or proposed to be established or conducted, and in any case whether wholly or partly in Victoria or elsewhere, but does not include any distribution of property or money or raffle such as is referred to in section 2.1.3; loyalty scheme means- (a) a system, used in connection with the operation of gaming machines in approved venues or a casino, in which the players of those gaming machines accumulate bonus, loyalty or reward points from playing the gaming machines; or (b) any other system that tracks a player's expenditure on a gaming machine; loyalty scheme provider means a person who conducts a loyalty scheme; Melbourne Statistical Division means the Major Statistical Region of Melbourne described in the publication entitled Statistical Geography-Volume 1-Australian Standard Geographical Classification (ASGC), Catalogue number 1216.0 published in 1996 by the Australian Bureau of Statistics; minor means a person who is under the age of 18 years; money includes bank notes, cheques, drafts provided by an authorised deposit-taking institution and any order, warrant, Commission or request for the payment, collection or receipt of money; money clearance means the removal of gaming tokens from the drop box of a gaming machine; monitoring licence means the licence granted under Division 4 of Part 4 of Chapter 3; monitoring licensee means the holder of the monitoring licence; municipal district has the same meaning as in the Local Government Act 1989; municipal limit means the maximum permissible number, determined and in force under section 3.2.4, of gaming machines available for gaming in a municipal district or part of a municipal district; newspaper includes a newspaper printed in any part of the Commonwealth; * * * * * perform a function includes exercise a power or authority; person includes a body (whether or not incorporated), a partnership and the Trustees; political party means a political party registered under- (a) the Electoral Act 2002; or (b) the Commonwealth Electoral Act 1918 of the Commonwealth; or (c) a law of another State or Territory of the Commonwealth corresponding to a law referred to in paragraphs (a) and (b); pooling scheme means an arrangement, whether or not in writing and whether or not enforceable at law, under which a person derives a direct or indirect benefit from the gross proceeds of the conduct of a session of bingo games and that person is not the holder of the minor gaming permit for that session; pre-commitment mechanism means a prescribed mechanism or system that allows a person to set a time limit or net loss limit before that person plays a gaming machine;". property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description; pub licence means a general licence under section 8 of the Liquor Control Reform Act 1998; public lottery has the meaning given in section 5.1.2; public lottery licence means a public lottery licence issued under Division 2 of Part 3 of Chapter 5 or a temporary public lottery licence issued under section 5.3.27; public lottery licensee means a person or body that holds a public lottery licence; public place includes- (a) a public highway; (b) a park, garden, reserve or other place of public recreation or resort; (c) a railway station, platform or carriage; (d) a wharf, pier or jetty; (e) a passenger ship or hire vessel; (f) a hire vehicle; (g) a church or chapel open to the public or any other building where divine service is publicly held; (h) a State school, including the school's land or premises; (i) a public hall, theatre or room where members of the public are, or are assembling for or departing from, a public entertainment or meeting; (j) a market; (k) an auction room, mart or place while a sale or auction is proceeding; (l) licensed premises or authorised premises within the meaning of the Liquor Control Reform Act 1998; (m) a racecourse, cricket ground, football ground or other sporting ground where members of the public are present or are permitted to have access to, whether with or without an admission fee; (n) any open place to which the public have access; race includes a division of a race; race field means any information that identifies, or is capable of identifying, the names or numbers of the horses or greyhounds- (a) nominated for, or which will otherwise take part in, an intended horse race, harness race or greyhound race to be conducted in Victoria; or (b) that have been scratched or withdrawn from an intended horse race, harness race or greyhound race to be conducted in Victoria; race meeting (except in Chapter 2) means a meeting conducted by a licensed racing club for the purpose of horse racing, harness racing or greyhound racing; Note Section 2.1.2 defines race meeting for the purposes of Chapter 2. racing club licence means a licence under Part I of the Racing Act 1958; Racing Products means Racing Products Victoria Pty Ltd (A.C.N. 064 067 867); Racing Victoria has the same meaning as in Part I of the Racing Act 1958; raffle- (a) means any lottery by which any property, matter or thing (not including money, stocks or shares or any warrant, order or security for the payment of money) is assigned by the drawing of lots or by any other method of chance to one or more of a number of persons each of whom has paid a certain sum for a chance of taking or participating in such assignment; and (b) despite paragraph (a), includes any lottery in which money is assigned if- (i) the money is part of a prize which includes travel or accommodation or both; and (ii) the value of the money assigned does not exceed 10% of the total value of the prize or any other amount that is approved by the Commission in writing in a particular case; random number generator means a machine or device that is so designed that it may be used to select random numbers; 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; regional limit means the maximum permissible number of gaming machines available for gaming in a region of the State determined and in force under section 3.2.4; Register means the Register of Venue Operators and Approved Venues established and maintained under section 3.4.13; registered bookmaker means the holder of a current certificate of registration as a registered bookmaker under Part 5A of Chapter 4; registered bookmaker's key employee means the holder of a current certificate of registration as a registered bookmaker's key employee under Part 5A of Chapter 4; registered company auditor means a person registered as an auditor, or taken to be so registered, under Part 9.2 of the Corporations Act; related entity, in relation to the Trustees, includes- (a) a body corporate, partnership or trust of which, or in which- (i) the Trustees or one or more of the Trustees; or (ii) a person who holds a direct or indirect interest as legatee, beneficiary or otherwise in the will and estate of the late George Adams; or (iii) a person who is a discretionary beneficiary in that will and estate- is a director, partner or trustee or holds a substantial interest, whether direct or indirect; and (b) a trust of which the Trustees, or one or more of the Trustees, or a person referred to in paragraph (a)(ii) or (iii) is a beneficiary or discretionary beneficiary; related body corporate, in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act; relevant financial interest has the meaning given in section 1.4; relevant power has the meaning given in section 1.4; relative has the meaning given in section 1.4; Responsible Gambling Code of Conduct means a Code of Conduct to foster responsible gambling; restricted component, in relation to gaming equipment, means any component that is prescribed as a restricted component; rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective; Roll means the Roll of Manufacturers, Suppliers and Testers established under section 3.4.60; Secretary means Secretary to the Department of Justice; self-excluded person means a person who has voluntarily excluded himself or herself from a gaming machine area under a self-exclusion program; self-exclusion program means a program that- (a) enables a person to voluntarily exclude himself or herself from a gaming machine area; and (b) enables the venue operator to prohibit such a person from that area; sell includes offer for sale; share, in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act; soccer football pool means a lottery in which the prizes are distributed on the basis of results of soccer football matches in Australia or elsewhere and in accordance with the lottery rules for the lottery, whereby results are selected and given an order of rank; * * * * * spin means a sequence of actions and states in a gaming machine initiated by a player through a wagering of credits and terminated when all credits wagered have been lost or all winnings have been transferred to the gaming machine's total wins meter and the player's credit meter; spin rate, in relation to a gaming machine, means the interval between spins on the gaming machine; sports betting event has the meaning given in section 4.5.1; sports betting provider has the meaning given in section 4.5.1; sports controlling body has the meaning given in section 4.5.1; spouse of a person means a person to whom the person is married; subsidiary- (a) in relation to a body corporate, means another body corporate that is a subsidiary of the first-mentioned body corporate within the meaning of the Corporations Act (but not a subsidiary of another such body corporate); (b) in relation to any other body (including the Trustees), means a body corporate that, if the body were a body corporate, would be a subsidiary of the body within the meaning of the Corporations Act (but not a subsidiary of another such body corporate); tabaret premises means- (a) the Old Ballarat Village situated at 623-643 Main Road, Ballarat; (b) Tabaret situated at the All Seasons Motor Inn, 171-183 McIvor Road, Bendigo; * * * * * 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 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 communicating at a distance; the applied provisions has the meaning given in section 9.1.2; this Act includes the applied provisions; ticket includes- (a) any document or thing purporting to be, or usually or commonly known as, a ticket or giving, or purporting to give, or usually or commonly understood to give, any right, title, chance, share, interest, authority or permission in or in connection with a lottery, or intended or proposed lottery, or any game, including a ticket in electronic form; and (b) in relation to a totalisator-a 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; totalisator means a scheme of pari-mutuel betting, whether conducted by means of an instrument or contrivance known as a totalisator or otherwise; trade or business, in relation to a community or charitable organisation, includes the conduct of a trade or business of promoting a community or charitable purpose of the organisation; trade promotion lottery means a lottery for the promotion of a trade or business; Tribunal means Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; Trustees means the trustees of the will and estate of the late George Adams; unlawful game means a game declared to be an unlawful game by section 2.3.1; vehicle includes motor vehicle, aircraft, vessel, caravan and trailer; venue operator means the holder of a venue operator's licence; venue operator's licence means a club venue operator's licence or a hotel venue operator's licence issued under Division 2 of Part 4 of Chapter 3; vessel includes a ship, boat or vehicle that is capable of use in or on water, whether floating or submersible and whether or not self propelled; VicRacing means VicRacing Pty Ltd (A.C.N. 064 067 849); Victorian company means a company within the meaning of the Corporations Act that is taken to be registered in Victoria; voting share, in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act; wagering means pari-mutuel betting on a horse race, harness race or greyhound race; wagering and betting licence means the licence granted under Part 3A of Chapter 4 or a temporary wagering and betting licence issued under section 4.3A.31; wagering and betting licensee means the holder of the wagering and betting licence; wagering event means a horse race, harness race or greyhound race; wagering licence means the wagering licence granted under Part 3 of Chapter 4; wagering operator means the company (if any) appointed under section 4.3.15(1)(a) as operator of the wagering licence; wholly-owned subsidiary- (a) in relation to a body corporate, means a wholly-owned subsidiary of the body corporate within the meaning of the Corporations Act; (b) in relation to the Trustees, means a company- (i) that is a subsidiary of the Trustees or of a body corporate that is a subsidiary of the Trustees; and (ii) none of whose members is a person other than- (A) the Trustees; or (B) a nominee of the Trustees; or (C) a subsidiary of the Trustees, being a subsidiary none of whose members is a person other than the Trustees or a nominee of the Trustees; or (D) a nominee of such a subsidiary; (c) in relation to any other body, means a body corporate that would be a wholly-owned subsidiary of the body within the meaning of the Corporations Act if the body were a body corporate; written notice includes a notice given in the form of electronic data from which a written document can be produced or reproduced. (2) For the purposes of the definition of domestic partner in subsection (1)- (a) registered relationship has the same meaning as in the Relationships Act 2008; and (b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants. (3) The Commission may, by instrument, appoint an employee or member of staff referred to in section 10.1.25 to be an authorised person for the purposes of this Act. (4) For the purposes of the definition of bookmaker's key employee in subsection (1), the Commission may specify any activity relating to the operations of a bookmaker by giving written notice to the bookmaker. Gambling Regulation Act 2003 - SECT 1.3A. What is intoxication? 1.3A. What is intoxication? For the purposes of this Act, a person is in a state of intoxication if his or her speech, balance, co-ordination or behaviour is noticeably affected and there are reasonable grounds for believing that this is the result of the consumption of liquor. Note The Director of Liquor Licensing (appointed under section 149 of the Liquor Control Reform Act 1998) issues guidelines containing information about how to determine whether a person is in a state of intoxication. See section 3AB of the Liquor Control Reform Act 1998. Gambling Regulation Act 2003 - SECT 1.4. Who is an associate? 1.4. Who is an associate? (1) For the purposes of this Act, an associate of a person (the first person) is- (a) a person who holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the gambling business of the first person, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or (b) a person who is or will be an executive officer, whether in right of the person or on behalf of any other person, of the gambling business of the first person; or (c) if the first person is a natural person-a person who is a relative of the first person. (2) Subsection (1) does not apply for the purposes of Division 3A of Part 4 of Chapter 3 (Regulation of Shareholding Interests of Gaming Operator) or Division 5 of Part 3 of Chapter 4 (Regulation of Shareholding Interests in Wagering and Gaming Licensee) or Division 6A of Part 3A of Chapter 4 (Betting Exchanges). Note Section 3.4.37A(2) defines associate for the purposes of Division 3A of Part 4 of Chapter 3, section 4.3.18(2) defines associate for the purposes of Division 5 of Part 3 of Chapter 4 and section 4.3A.34A defines associate for the purposes of Division 6A of Part 3A of Chapter 4. (3) In this section- executive officer, in relation to a body (whether incorporated or not), means- (a) a director, secretary or member of the committee of management of the body (by whatever name called); or (b) any other person who is concerned with, or takes part in, the management of the body, whether or not the person's position is given the name of executive officer; relative, in relation to a person, means- (a) the spouse or domestic partner of the person; (b) a parent, son, daughter, brother or sister of the person; or (c) a parent, son, daughter, brother or sister of the spouse or domestic partner of the person; relevant financial interest, in relation to a gambling business, means- (a) any share in the capital of the business; or (b) any entitlement to receive any income derived from the business; or (c) any entitlement to receive any payment as a result of money advanced; relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others- (a) to participate in any directorial, managerial, or executive decision; or (b) to elect or appoint any person as an executive officer. Gambling Regulation Act 2003 - SECT 1.5. Money invested 1.5. Money invested A reference in this Act to money or an amount invested whether in a totalisator or otherwise is taken to refer to money or an amount so invested, less any amount repayable to the investor by way of a refund whether because of the cancellation or calling off of a bet or otherwise. Gambling Regulation Act 2003 - SECT 1.6. Act binds the Crown 1.6. Act binds the Crown (1) This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. (2) However, nothing in this Act makes the Crown in any of its capacities liable for an offence. __________________ CHAPTER 2-GENERAL PROHIBITION ON GAMBLING IVISION PART 1-INTRODUCTION Gambling Regulation Act 2003 - SECT 2.1.1. Purpose 2.1.1. Purpose The purpose of this Chapter is to impose a general prohibition on gambling and create certain offences. Note Other Chapters and the Casino Control Act 1991 authorise and regulate the conduct of gambling. Gambling Regulation Act 2003 - SECT 2.1.2. Definitions 2.1.2. Definitions (1) In this Chapter- instrument of betting includes- (a) a document; (b) a card, list, money, paper, record, sheet, table, ticket or other written document; (c) a mechanical, electrical, telephonic, electronic or other equipment or device or any access to such equipment or device; (d) a board, chart or screen; or (e) any form or means of recording, storing or transmitting information or data- used, apparently used or likely to be used in carrying on or in connection with betting on a sporting event (being betting that is not authorised by a gaming Act or any other Act); instrument of gaming includes an instrument of betting and- (a) a document; (b) playing cards, dice, balls, coins, tokens or counters; (c) a card, list, money, paper, record, sheet, table, ticket or other written document; (d) a mechanical, electrical, telephonic, electronic or other equipment or device or any access to any such equipment or device; (e) a board, chart or screen; or (f) any form or means of recording, storing or transmitting information or data- used, apparently used or likely to be used in carrying on or in connection with betting or gaming that is not authorised by a gaming Act or any other Act; occupier of a house or place or of any land or building or premises includes the lessee or sub-lessee who is not the owner or named in the certificate of title; officer of police means a member of the police force of or above the rank of inspector; owner of a house, place, land, building or premises includes every person who is, whether at law or in equity- (a) entitled thereto for any estate of freehold in possession; or (b) in actual receipt of or entitled to receive or if the house, place, land, building or premises were let to a tenant would be entitled to receive the rents and profits thereof and if a house, place, land, building or premises is sub-leased includes any lessee or sub-lessee from whom a sub-lessee holds; place means any place, whether or not- (a) within a building; or (b) on land or water; or (c) defined as to area; or (d) on private property; profit includes a fee, commission, reward, payment, benefit, advantage, share or interest; * * * * * racecourse means land used for race meetings; race meeting means meeting for the purpose of horse or pony or harness racing or of greyhound racing and includes any meeting deemed to be a race meeting by section 3(4) of the Racing Act 1958; sporting event includes a horse race or other race, fight, game, sport or exercise; undertaking includes an assurance, contract, agreement or promise, whether express or implied; * * * * * * * * * * (2) In this Chapter, a reference to a person found committing an offence includes a reference to a person found doing or omitting to do an act in such circumstances that the finder believes on reasonable grounds that the person is guilty of an offence against this Chapter. Gambling Regulation Act 2003 - SECT 2.1.3. Application of Chapter 2.1.3. Application of Chapter Nothing in this Chapter applies to any of the following- (a) the distribution of property among its owners if- (i) the property is capable of being fairly apportioned among all the owners; and (ii) the property is proposed to be apportioned equally so far as practicable among all the owners; (b) a scheme- (i) which is not for the promotion of a trade or business; and (ii) in which all participation is gratuitous; (c) a private raffle among persons engaged in common employment under the same employer if- (i) the net proceeds of the raffle are intended to be appropriated to the provision of amenities for persons in that employment; and (ii) the value of the prize does not exceed $5000; (d) a competition based on predicting the results of a sporting event or to a sweepstake if the competition or sweepstake- (i) is not of a commercial nature; and (ii) does not result in the distribution of prizes having a total value of more than $5000. __________________ PART 2-PROHIBITION ON LOTTERIES Division 1-Prohibited lotteries Gambling Regulation Act 2003 - SECT 2.2.1. Lotteries prohibited 2.2.1. Lotteries prohibited (1) Every lottery is declared by this section to be a public nuisance and contrary to law. Note This section does not apply to lotteries permitted by Division 2. (2) A person must not- (a) establish or conduct or assist in establishing or conducting a lottery; or (b) be a partner in a lottery; or (c) allot any prize of money or any prize of which money forms a part or which is redeemable for money by means of an amusement machine in an amusement centre, tourist centre or recreational centre; or (d) subject to section 2.2.8, under any pretence or by means of any device, sell or dispose of or endeavour to sell or dispose of any property of any kind or allot any prize of money by means of a game of chance or a game of mixed skill and chance. Penalty: 100 penalty units. Gambling Regulation Act 2003 - SECT 2.2.2. Establishing or conducting a lottery 2.2.2. Establishing or conducting a lottery (1) A person must not, for payment or otherwise- (a) forward; or (b) receive for forwarding- whether directly or indirectly, a packet, parcel or money relating to a lottery to a person- (c) establishing or conducting the lottery; or (d) assisting in establishing or conducting the lottery. Penalty: 100 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that the defendant did not know, and had reasonable grounds for not knowing, that the packet, parcel or money related to a lottery. Gambling Regulation Act 2003 - SECT 2.2.3. Advertising lotteries 2.2.3. Advertising lotteries (1) A person must not- (a) publish or exhibit; or (b) cause or permit to be published or exhibited- in a newspaper or broadcast telecast or on a notice or by electronic means or otherwise any information relating to a lottery. Penalty: 100 penalty units. (2) A person must not sell, dispose of, circulate, distribute or exhibit a newspaper containing any information relating to a lottery. Penalty: 100 penalty units. (3) A person must not permit or allow the printing or publication in a newspaper of which the person is registered as the proprietor, printer or publisher any information relating to a lottery. Penalty: 100 penalty units. (4) A person must not permit or allow the publication in- (a) a broadcast telecast; or (b) an exhibition of a film- under the management or control of the person of any information relating to a lottery. Penalty: 100 penalty units. (5) A person must not- (a) exhibit; or (b) permit or allow to be exhibited; or (c) assist in exhibiting- in, on or about any land, building or premises a document containing any information relating to a lottery. Penalty: 100 penalty units. (6) It is a defence to a prosecution for an offence against this section to prove that the defendant did not know, and had reasonable grounds for not knowing, that the information related to a lottery. Gambling Regulation Act 2003 - SECT 2.2.4. Lottery ticket offences 2.2.4. Lottery ticket offences (1) A person must not print a ticket in a lottery. Penalty: 100 penalty units. (2) A person must not- (a) sell or dispose of; or (b) offer for sale or disposal; or (c) buy or pay for; or (d) deliver; or (e) give; or (f) knowingly receive; or (g) accept- a ticket in a lottery. Penalty: 60 penalty units. (3) It is a defence to a prosecution for an offence against subsection (2)(d) to prove that there was and is no consideration for the delivery. Gambling Regulation Act 2003 - SECT 2.2.5. Keeping a house etc. for purpose of a lottery 2.2.5. Keeping a house etc. for purpose of a lottery (1) A person must not keep a house or place for the purpose of conducting a lottery there, whether the house or place is used for any other purpose. Penalty: 100 penalty units. (2) A person must not knowingly allow a lottery to be conducted in a house or place kept by the person. Penalty: 100 penalty units. Gambling Regulation Act 2003 - SECT 2.2.6. Participants in a lottery 2.2.6. Participants in a lottery (1) A person must not- (a) participate in a lottery; or (b) contribute any money or other valuable property or thing to a sale or disposition of property by way of lottery. Penalty: 5 penalty units. (2) A person must not receive, or cause to be received, any money or other valuable property or thing in consideration of the payment, transfer or gift of any money or other valuable property or thing in the event that a ticket or chance in a lottery will win a prize. Penalty: 5 penalty units. (3) A person must not, whether with or without consideration and whether or not deception or fraud is involved, promise or agree- (a) to pay, transfer or give any money or other valuable property or thing for the benefit of a person; or (b) to do or forbear doing anything for the benefit of a person- on an event or contingency relating to the result of a lottery. Penalty: 5 penalty units. Division 2-Permitted lotteries Gambling Regulation Act 2003 - SECT 2.2.7. Authorised raffles, lotteries etc. 2.2.7. Authorised raffles, lotteries etc. A person does not commit an offence against this Chapter in respect of anything done by that person for the purposes of a raffle, lottery or other activity authorised by or under a gaming Act or any other Act. Gambling Regulation Act 2003 - SECT 2.2.8. Games at amusement centres, fetes, carnivals etc. 2.2.8. Games at amusement centres, fetes, carnivals etc. A person does not commit an offence against section 2.2.1(2)(d) if- (a) the person, by means of a device or game and in accordance with the prescribed standards and conditions, sells or disposes of, or endeavours to sell or dispose of, property or allots any prize of money at an amusement centre, tourist centre or recreational centre, fete, fair, bazaar, carnival, gymkhana or similar function; and (b) the value of the property or money to which each participant is entitled at each attempt does not exceed $50. Gambling Regulation Act 2003 - SECT 2.2.9. Calcutta Sweepstakes 2.2.9. Calcutta Sweepstakes (1) A club may apply to the Minister for approval to conduct Calcutta Sweepstakes. (2) An application must be accompanied by the prescribed fee. (3) The Minister may issue an approval under this section and for that purpose may take into account any matter that the Minister considers relevant. (4) Without limiting subsection (3), the Minister may consider- (a) whether the club is conducted in good faith; and (b) whether the club has contravened any law relating to gaming or betting; and (c) the types of sporting event on which the club wishes to conduct Calcutta Sweepstakes. (5) An approval is subject to the following conditions- (a) the Calcutta Sweepstakes may be conducted only with respect to sporting contingencies; (b) subscriptions may be canvassed or made only on the club premises; (c) participation must be limited to members and their guests; (d) not more than 5% of the proceeds of each sweepstake may be retained by the club for its expenses of conducting the sweepstake and the whole of the remainder must be distributed as prizes among the participants; (e) no written notice or advertisement of a Calcutta Sweepstake may be exhibited, distributed or published except- (i) a notice exhibited on the premises of the club; (ii) a circular to members advising of the intention to conduct the sweepstake; (f) a Calcutta Sweepstake must be conducted in accordance with the regulations (if any); (g) any other conditions that the Minister thinks fit. (6) An approval under this section is not transferable to any other club. (7) The Minister may suspend or revoke an approval for any just and reasonable cause stated in writing. (8) Without limiting subsection (7), the Minister may suspend or revoke an approval if the holder of the approval has contravened this Act, the regulations or a condition of the approval. __________________ PART 3-UNLAWFUL GAMES AND GAMING Gambling Regulation Act 2003 - SECT 2.3.1. Unlawful games 2.3.1. Unlawful games (1) Each of the following games is declared to be an unlawful game- (a) the Chinese game of fan-tan or any similar game; (b) the game known as two-up or any similar game; (c) the game known as hazard or any similar game; (d) the game known as baccarat or any similar game; (e) the game known as dinah-minah or minah-dinah or any similar game; (f) the game known as faro or any similar game; (g) the game known as roulette or any similar game; (h) the game known as skill-ball or any similar game; (i) any game in which the chances are not equally favourable to all the players, including among the players the banker or other person by whom the game is managed or against whom the other players stake play or bet; (j) any game with cards or other instruments of gaming wherefrom any person derives a percentage or share of the amount or amounts wagered; (k) the using or conducting of a totalisator. (2) A game referred to in subsection (1) is not an unlawful game to the extent that it is authorised by a gaming Act or any other Act. Gambling Regulation Act 2003 - SECT 2.3.2. Two-up may be played on ANZAC Day 2.3.2. Two-up may be played on ANZAC Day (1) The game of two-up may be played on ANZAC Day- (a) at any premises being used on that day by any sub-branch of the Returned and Services League; and (b) at any premises, or in any area, approved for the purposes of this subsection by the Minister on the recommendation of the Returned and Services League. (2) Before approving any authorised or licensed premises within the meaning of the Liquor Control Reform Act 1998 (other than premises referred to in subsection (1)(a)), the Minister must consult with the Director of Liquor Licensing. (3) The game of two-up may be played at any function commemorating ANZAC Day if the function- (a) is held not more than 7 days before ANZAC Day; and (b) is organised by a sub-branch of the Returned and Services League; and (c) is held at any place which is owned or occupied by the sub-branch and which is approved for the purposes of this subsection by the Minister on the recommendation of the Returned and Services League. (4) The Minister must publish a copy of an approval under subsection (1)(b) or (3)(c) in the Government Gazette. Gambling Regulation Act 2003 - SECT 2.3.3. Common gaming houses and places 2.3.3. Common gaming houses and places A person who- (a) is the owner or occupier or has the use of any house or place and opens, keeps or uses the house or place for the purpose of unlawful gaming being carried on in the house or place; or (b) is the owner or occupier of a house or place and knowingly and wilfully permits the house or place to be opened, kept or used by another person for the purpose of unlawful gaming being carried on in the house or place; or (c) has the care or management of or in any manner assists in conducting the business of a house or place opened, kept or used for the purpose of unlawful gaming being carried on in the house or place; or (d) advances or furnishes money for the purpose of gaming with persons frequenting such a house or place; or (e) keeps or has the care or management of a common gaming house or place; or (f) is a banker, croupier or other person who acts in any manner in the conduct of a common gaming house or place- is guilty of an offence. Penalty: For a first offence, 60 penalty units or imprisonment for 6 months or both; For a second or subsequent offence, 100 penalty units or imprisonment for 12 months or both. Gambling Regulation Act 2003 - SECT 2.3.4. Gaming in public places 2.3.4. Gaming in public places A person must not- (a) play or bet at any unlawful game; or (b) in any public place play or bet by way of wagering or gaming at or with any table instrument or means of wagering or gaming at any game or pretended game of chance. Penalty: 15 penalty units or imprisonment for 3 months or both. Gambling Regulation Act 2003 - SECT 2.3.5. Cheating at play 2.3.5. Cheating at play A person (the cheat) who by any fraud, unlawful device or ill practice wins from another person (whether for the cheat or for any other person) any money or valuable thing- (a) in playing at or with cards, dice, tables or other game; or (b) in bearing a part in the stakes, wagers or adventures; or (c) in betting on the sides or hands of those who play, or in wagering on the event of, a game, sport, pastime or exercise- is taken to be guilty of obtaining the money or valuable thing from the other person by a false pretence with intent to cheat or defraud the other person of the money or valuable thing. __________________ PART 4-GAMING OR WAGERING AGREEMENTS Gambling Regulation Act 2003 - SECT 2.4.1. Gaming or wagering contracts are void 2.4.1. Gaming or wagering contracts are void Except as provided in section 2.4.2, a gaming or wagering contract or agreement (whether written or not) is void. Gambling Regulation Act 2003 - SECT 2.4.2. Non-application of section 2.4.1 2.4.2. Non-application of section 2.4.1 Section 2.4.1 does not apply to- (a) subscriptions or contributions to gaming allowed under this Act; or (b) any bet made with a registered bookmaker while the bookmaker is carrying on their business or vocation in accordance with Part 5A of Chapter 4, being a bet- (i) made in accordance with section 4 of the Racing Act 1958 or a club betting permit under that Act; or (ii) made in accordance with section 2.5.10; or (c) any bet made in the name of a trading bookmaking partnership (within the meaning of Part 5A of Chapter 4) all the members of which have approval to be members of that partnership under section 4.5A.10, being a bet made in accordance with section 4 of the Racing Act 1958; or (d) any bet or wager made with a licensee under Chapter 4 or wagering operator or the holder of an on-course wagering permit under Chapter 4; or (e) any bet, by way of gaming or otherwise, made with a casino operator under the Casino Control Act 1991 or a gaming operator under Chapter 3; or (f) any entry in a public lottery conducted in accordance with Chapter 5. __________________ PART 5-BETTING Division 1-Betting houses and places of betting Gambling Regulation Act 2003 - SECT 2.5.1. What are betting houses and places of betting? 2.5.1. What are betting houses and places of betting? (1) A betting house or place of betting is a house or place (as the case requires) that is opened, kept or used- (a) for the purpose of betting with any persons (whether in person or by messenger, agent, post, telephone or otherwise); or (b) for the purpose of taking instructions for the placement of bets on behalf of any person; or (c) for the purpose of any money or valuable thing being received by or on behalf of a person- (i) as or for the consideration for any undertaking to pay or give thereafter any money or valuable thing on any sporting event; or (ii) as or for the consideration for securing the paying or giving by some other person of any money or valuable thing on any such event- except for the purpose of paying or receiving money in settlement of bets lawfully made under the Racing Act 1958 or this Act by or on behalf of a registered bookmaker; or (d) for the purposes of printing, duplicating or producing lists of persons, animals or things (however identified) for the purpose of such lists being used for or in connection with unlawful betting on a sporting event. (2) A betting house or place of betting is declared to be a public nuisance and contrary to law. Gambling Regulation Act 2003 - SECT 2.5.2. Offences in respect of betting houses or places of betting 2.5.2. Offences in respect of betting houses or places of betting (1) A person must not- (a) open, keep or use a betting house or place of betting; or (b) being the owner or occupier of a house or place, knowingly and wilfully permit it to be opened, kept or used by any other person as a betting house or place of betting; or (c) have the care or management of, or in any manner assist in conducting the business of, a betting house or place of betting. Penalty: 60 penalty units if it is the defendant's first relevant offence and the Court is satisfied that, at the time of the offence, the value of all bets held by the person receiving the bets or the value of all bets instructed to be placed was less than $500; In any other case- (i) for a first relevant offence, 100 penalty units or imprisonment for 3 months or both; (ii) for a second relevant offence, 250 penalty units or imprisonment for 6 months or both; (iii) for a third or subsequent relevant offence, 1000 penalty units or imprisonment for 2 years or both. (2) In subsection (1) relevant offence means an offence against subsection (1) or section 2.5.8(4), 2.5.45 or 2.6.1 or an offence against a law of another State or a Territory that would, if committed in Victoria, be an offence against subsection (1). (3) A person who bets with a person who is in a betting house or place of betting- (a) is not, for that reason, aiding and abetting the commission of an offence against subsection (1); and (b) is guilty of an offence against this subsection. Penalty: 5 penalty units. Gambling Regulation Act 2003 - SECT 2.5.3. Money received may be recovered from persons receiving it 2.5.3. Money received may be recovered from persons receiving it (1) Any money or valuable thing received by a person referred to in section 2.5.2 as a deposit on a bet, or any bet instructed to be placed or as or for the consideration for an undertaking referred to in section 2.5.1, is taken to have been received to or for the use of the person from whom it was received. (2) Money or a thing referred to in subsection (1) or its value may be recovered by the person from whom it was received in a court of competent jurisdiction. Gambling Regulation Act 2003 - SECT 2.5.4. Division not to extend to stakeholder or to owner of horse in any race SECT 2.5.4. Division not to extend to stakeholder or to owner of horse in any race Nothing in section 2.5.1, 2.5.2 or 2.5.3 extends to a person receiving or holding any money or valuable thing by way of stakes or deposit to be paid to the winner of a race or lawful sport, game or exercise, or to the owner of a horse engaged in a race. Gambling Regulation Act 2003 - SECT 2.5.5. Penalty on persons exhibiting placards or advertising betting houses or places of betting 2.5.5. Penalty on persons exhibiting placards or advertising betting houses or places of betting A person must not- (a) exhibit or publish or cause to be exhibited or published a placard, handbill, card, writing or notice whereby it is made to appear that a house or place is a betting house or place of betting; or (b) on behalf of the owner or occupier of a house or place, or persons using a house or place, invite other persons to resort to the house or place for the purpose of making bets or wagers. Penalty: 25 penalty units or imprisonment for 6 months or both. Gambling Regulation Act 2003 - SECT 2.5.6. Penalty on persons advertising as to betting 2.5.6. Penalty on persons advertising as to betting A person must not send, exhibit or publish or cause to be sent, exhibited or published a letter, circular, telegram, handbill, card, writing or notice- (a) with intent to induce a person to apply to a house or place or to a person with the view of obtaining information or advice for the purpose of a bet or wager on or with respect to a sporting event; or (b) inviting a person to make or take a share in or in connection with any such bet or wager. Penalty: 25 penalty units or imprisonment for 6 months or both. Note See section 2.5.16 for exceptions to section 2.5.6. Division 2-Betting in public places Gambling Regulation Act 2003 - SECT 2.5.7. Definition 2.5.7. Definition In this Division- bookmaker includes- (a) a person who carries on the business of, or acts as, a bookmaker or turf commission agent; and (b) a person who gains or endeavours to gain their livelihood wholly or partly by betting or making wagers. Gambling Regulation Act 2003 - SECT 2.5.8. Prohibition on betting in public places 2.5.8. Prohibition on betting in public places (1) A person must not frequent, use or be in a public place for the purpose of any money or valuable thing being received by or promised to the person or any other person on the person's behalf as or for the consideration for- (a) any undertaking to pay or give thereafter any money or valuable thing on the result of a sporting event; or (b) securing the paying or giving by some other person of any money or valuable thing on the result of a sporting event. (2) A bookmaker must not bet with another person in a public place, whether in person or by means of any agent, clerk or employee. (3) An agent, clerk or employee of a bookmaker must not bet with a person in a public place. (4) A person who contravenes subsection (1), (2) or (3) is guilty of an offence. Penalty: 60 penalty units if it is the defendant's first relevant offence and the Court is satisfied that, at the time of the offence, the value of all bets held by the person receiving the bets was less than $500; In any other case- (a) for a first relevant offence, 100 penalty units or imprisonment for 3 months or both; (b) for a second relevant offence, 250 penalty units or imprisonment for 6 months or both; (c) for a third or subsequent relevant offence, 1000 penalty units or imprisonment for 2 years or both. (5) In subsection (4) relevant offence means an offence against subsection (4) or section 2.5.2, 2.5.45 or 2.6.1 or an offence against a law of another State or Territory that would, if committed in Victoria, be an offence against subsection (4). (6) A person betting in a public place with a person to whom subsection (1), (2) or (3) applies- (a) is not, for that reason, aiding and abetting the commission of an offence against subsection (4); and (b) is guilty of an offence against this subsection. Penalty: 5 penalty units. Gambling Regulation Act 2003 - SECT 2.5.9. Money received may be recovered from persons receiving it 2.5.9. Money received may be recovered from persons receiving it (1) Any money or valuable thing received by a person to whom section 2.5.8(1), (2) or (3) applies as a deposit of a bet made in a public place or as or for the consideration for any such undertaking made or given in a public place is taken to have been received for the use of the person from whom it was received. (2) Money or a thing referred to in subsection (1) or its value may be recovered by the person from whom it was received in a court of competent jurisdiction. Gambling Regulation Act 2003 - SECT 2.5.10. Permitted sports betting in public places 2.5.10. Permitted sports betting in public places (1) Nothing in section 2.5.8 applies to a person who bets, or receives money in relation to betting, on a foot race or bicycle race that is- (a) conducted by a club or other organization affiliated with the Victorian Athletic League or Victorian Cycling Incorporated; and (b) approved by a prescribed person. (2) An application for approval of foot races and bicycle races must be accompanied by the prescribed fee (if any). (3) An approval may be given in respect of a specified race or races of a specified class. * * * * * Division 4-Totalisators Gambling Regulation Act 2003 - SECT 2.5.14. Offences in respect of totalisators 2.5.14. Offences in respect of totalisators A person must not- (a) use or conduct, or assist in using or conducting, a totalisator; or (b) for profit, receive directly or indirectly from any other person whether personally or by messenger, agent, post, telephone or otherwise any money or authority to collect or receive money for the purpose of placing, investing or depositing it, or any part of it, in a totalisator; or (c) send or cause to be sent or knowingly deliver to another person a document directly or indirectly- (i) requesting or inviting the other person to employ the person or anyone else as an agent; or (ii) offering the person's services as an agent in purchasing a ticket or making a bet or investing money- in connection with the working of a totalisator; or (d) employ or allow another person to act for the person as an agent in purchasing a ticket or making a bet or investing money in connection with the working of a totalisator; or (e) make or enter into a bet on the result of any event whereby the person on the person's own or any other person's behalf agrees to pay to the other party to the bet, if the latter should win it, a sum of money the amount of which is dependent upon the result of the working of a totalisator; or (f) sell or offer for sale or buy or accept a ticket entitling or purporting to entitle the purchaser or holder to an interest in the result of the working of a totalisator; or (g) make a contract or give an undertaking to pay or receive any money the amount of which is determined or to be determined by the result of the working of a totalisator. Penalty: For a first offence, 15 penalty units or imprisonment for 3 months or both; For a second offence, 25 penalty units or imprisonment for 6 months or both; For a third or subsequent offence, imprisonment for 12 months. Division 4A-Betting exchanges Gambling Regulation Act 2003 - SECT 2.5.14A. Offence in relation to conducting betting exchange 2.5.14A. Offence in relation to conducting betting exchange Subject to section 4.2.1A, a person must not conduct a betting exchange. Penalty: 1000 penalty units. Gambling Regulation Act 2003 - SECT 2.5.14B. Betting by way of a betting exchange lawful 2.5.14B. Betting by way of a betting exchange lawful To avoid doubt, it is lawful for a person to offer or accept a bet by way of a betting exchange- (a) conducted by the wagering and betting licensee in accordance with its wagering and betting licence; or (b) conducted, in accordance with the law of another State or a Territory, by a person from a telecommunication device situated outside Victoria. Division 5-Advertisements, communications, etc., about betting Gambling Regulation Act 2003 - SECT 2.5.15AA. Definition 2.5.15AA. Definition In this Division- wagering service provider means- (a) a person who operates a totalisator in Victoria or elsewhere in Australia; (b) a person who operates a betting exchange in Victoria or elsewhere in Australia; (c) a person who, in Victoria or elsewhere in Australia, carries on the business of, or acts as, a bookmaker or turf commission agent; (d) a person who, in Victoria or elsewhere in Australia, gains or endeavours to gain their livelihood wholly or partly by betting or making wagers; (e) an employee or agent of a person mentioned in paragraph (a), (b), (c) or (d). Gambling Regulation Act 2003 - SECT 2.5.15. Restrictions on publication etc. of information concerning betting etc. 2.5.15. Restrictions on publication etc. of information concerning betting etc. (1) A person must not publish or disseminate, or cause to be published or disseminated, any information or advice in any form or by any method of communication- (a) as to betting on an intended sporting event, whether conducted in Victoria or elsewhere; (b) as to betting odds in connection with any such sporting event; (c) as to a totalisator (other than a totalisator lawfully conducted in accordance with the wagering licence or an on-course wagering permit); (d) except as provided in paragraph (c), as to an unlawful game; or (e) wherein or whereby it is made to appear that the person or any other person, either in Victoria or elsewhere, will, if required- (i) bet in connection with; or (ii) give information or advice directly or indirectly as to the betting or the betting odds on- an intended sporting event, or sporting events generally or a class of sporting event, whether conducted in Victoria or elsewhere. Penalty: For a first offence, 5 penalty units or imprisonment for 3 months or both; For a second offence, 25 penalty units or imprisonment for 6 months or both; For a third or subsequent offence, imprisonment for 12 months. (2) A person- (a) who is registered as the proprietor, printer or publisher of a newspaper; or (b) who has the conduct, management or control of any other method of communication- that contains or purports to contain any information or advice that gives rise to an offence against to subsection (1) is taken to have published or disseminated that information or advice unless the person proves that the person had no reasonable grounds for suspecting that the information or advice related to any of the matters referred to in that subsection. (3) In the absence of proof to the contrary, a person or body named in any information or advice referred to in subsection (1) is taken to have published or disseminated it. Gambling Regulation Act 2003 - SECT 2.5.16. Exceptions to sections 2.5.6 and 2.5.15 2.5.16. Exceptions to sections 2.5.6 and 2.5.15 (1) Nothing in section 2.5.6 or 2.5.15 prohibits- (a) the publication (other than by way of advertisement or for valuable consideration) of- (i) the betting odds prevailing in any place in relation to a horse, greyhound or harness race or an approved betting event (whether to be conducted in Victoria or elsewhere); or (ii) any information concerning, or comment on, those betting odds; or (b) the publication or dissemination by or on behalf of a registered bookmaker who is authorised to wager on double events, of a notice provisionally indicating the betting odds at which doubles bets may be made with the bookmaker on combinations of two horses or greyhounds one of which is entered in the first race and the other in the second race- (i) where each race is conducted in Australia and is ratified as being a Group 1, 2 or 3 race by the relevant national racing body; or (ii) in any other case, where each race is referred to in such groups of races as the Minister may approve from time to time by notice published in the Government Gazette. (1A) In subsection (1)(b) relevant national racing body means- (a) in relation to horse racing, the Australian Racing Board Limited, A.C.N. 104 986 334; (b) in relation to harness racing, the Harness Racing Australia Inc. incorporated under the Associations Incorporation Act 1991 of the Australian Capital Territory; (c) in relation to greyhound racing, the body the members of which are- (i) Greyhound Racing Victoria established under Division 2 of Part III of the Racing Act 1958; and (ii) in relation to each other State and each Territory of the Commonwealth, the body established under, or recognised by, the law of that State or Territory as the controlling body for greyhound racing in that State or Territory. (2) A registered bookmaker who uses a method of communication approved under section 4A of the Racing Act 1958 to accept bets with persons not present on the racecourse may advertise the bookmaker's services and communicate the betting odds the bookmaker is offering in respect of- (a) a horse race; or (b) a harness race; or (c) a greyhound race; or (d) any other approved betting event. (3) A wagering service provider may advertise- (a) details that identify the wagering service provider as a wagering service provider; (b) details that specify how the wagering service provider can be contacted; (c) the services offered by the wagering service provider; (d) the odds the wagering service provider is offering in respect of a particular betting contingency. * * * * * Gambling Regulation Act 2003 - SECT 2.5.17. Betting placards and notices not to be posted up anywhere 2.5.17. Betting placards and notices not to be posted up anywhere (1) A person must not exhibit or permit or allow to be exhibited or assist in exhibiting in or on or about any land, building or premises a document containing any information or notice or list directly or indirectly relating to betting or to totalisators or to an unlawful game. Penalty: For a first offence, 15 penalty units or imprisonment for 3 months or both; For a second offence, 25penalty units or imprisonment for 6 months or both; For a third or subsequent offence, imprisonment for 12 months. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that the defendant did not know, and had reasonable grounds for not knowing, that the information, notice or list related to betting, totalisators or unlawful games. * * * * * Gambling Regulation Act 2003 - SECT 2.5.19. Certain communications etc. exempted 2.5.19. Certain communications etc. exempted (1) Despite anything to the contrary in this Division, a person may communicate, publish or transmit betting odds or race fields in accordance with an approval under subsection (2). (2) The Minister may, by order published in the Government Gazette, approve the communication or publication or transmission by any means of the betting odds prevailing at, or race fields relating to, a race meeting. (3) The Minister may make an approval- (a) either general or limited in its application; and (b) subject to conditions. (4) The Minister may by order published in the Government Gazette- (a) add, omit or vary a condition at any time; and (b) revoke an approval. Division 5A-Regulation of publication and use of race fields Gambling Regulation Act 2003 - SECT 2.5.19A. Definitions 2.5.19A. Definitions In this Division- appropriate controlling body means- (a) in the case of horse racing, Racing Victoria; (b) in the case of harness racing, Harness Racing Victoria; (c) in the case of greyhound racing, Greyhound Racing Victoria; * * * * * publication and use approval means an approval granted under section 2.5.19D; publish means publish or disseminate, or cause to be published or disseminated, in any form or by any method of communication; * * * * * wagering service provider means- (a) a person who operates a totalisator in Victoria or elsewhere; (b) a person who operates a betting exchange in Victoria or elsewhere; (c) a person who, in Victoria or elsewhere, carries on the business of, or acts as, a bookmaker or turf commission agent; (d) a person who, in Victoria or elsewhere, gains or endeavours to gain their livelihood wholly or partly by betting or making wagers; (e) an employee or agent of a person mentioned in paragraph (a), (b), (c) or (d). Gambling Regulation Act 2003 - SECT 2.5.19B. Restrictions on publication and use of race fields 2.5.19B. Restrictions on publication and use of race fields (1) A wagering service provider must not, in Victoria or elsewhere, publish, use or otherwise make available, a race field in the course of business unless- (a) the wagering service provider has obtained the publication and use approval of the appropriate controlling body; and (b) the wagering service provider complies with the conditions (if any) to which the approval is subject. Penalty: 60 penalty units. (2) Subsection (1) does not apply to- (a) the licensee within the meaning of Chapter 4; or (b) the wagering operator; or (c) a registered bookmaker; or (d) a publication that is approved under section 2.5.19. Gambling Regulation Act 2003 - SECT 2.5.19C. Application for race field publication and use approval 2.5.19C. Application for race field publication and use approval (1) A wagering service provider may apply to an appropriate controlling body for publication and use approval. (2) An application for approval must- (a) be made in the prescribed time; and (b) be in the prescribed form; and (c) contain or be accompanied by any additional information the controlling body requires. Gambling Regulation Act 2003 - SECT 2.5.19D. Publication and use approval 2.5.19D. Publication and use approval (1) An appropriate controlling body may grant an approval to a wagering service provider to publish, use or otherwise make available in the course of business, in Victoria or elsewhere, a race field if the wagering service provider makes an application for that approval in accordance with section 2.5.19C. (2) For the purposes of determining an application for publication and use approval, an appropriate controlling body- (a) must consider the prescribed matters (if any); (b) may consider any other matters the appropriate controlling body considers to be relevant. (3) An appropriate controlling body must- (a) determine an application by either granting or refusing publication and use approval in the prescribed time; and (b) notify the applicant in writing of its decision to grant or refuse publication and use approval in the prescribed time. (4) Publication and use approval may be granted subject to any conditions the appropriate controlling body thinks fit, including a condition that the wagering service provider pay a fee or a series of fees of an amount or amounts and in the manner specified in the approval. (5) Any fee that is payable as a condition of the approval is a debt due to the appropriate controlling body that granted the approval and may be recovered in any court of competent jurisdiction. (6) Publication and use approval- (a) takes effect on the day specified by the appropriate controlling body in the approval; and (b) remains in force for the period specified by the appropriate controlling body in the approval, unless revoked earlier under subsection (7). (7) At any time the appropriate controlling body, by written notice to the wagering service provider, may- (a) vary the publication and use approval (including a variation of the conditions to which the approval is subject); or (b) revoke the publication and use approval for any reasonable cause stated by the appropriate controlling body in the notice of revocation. Gambling Regulation Act 2003 - SECT 2.5.19E. Tribunal review 2.5.19E. Tribunal review (1) A wagering service provider whose interests are affected by the relevant decision may apply to the Tribunal for review of a decision of an appropriate controlling body- (a) to refuse an application by the wagering service provider for publication and use approval; (b) to impose a condition on the publication and use approval (other than a condition relating to the payment of a fee or series of fees); (c) to vary or revoke the publication and use approval (other than the variation of a condition relating to the payment of a fee or series of fees). (2) An application for review must be made within 28 days after the latest of- (a) the day on which the decision was made; (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the wagering service provider requests a statement of reasons for the decision, the day on which the statement of reasons is given to the wagering service provider or the wagering service provider is informed under section 46(5) of that Act that a statement of reasons will not be given; (c) if, under section 10.1.24, the wagering service provider requests a statement of reasons for the decision, the day on which the statement of reasons is given to the wagering service provider or the wagering service provider is informed under section 10.1.23(6) that a statement of reasons will not be given. Gambling Regulation Act 2003 - SECT 2.5.19F. Trade Practices Act and Competition Code 2.5.19F. Trade Practices Act and Competition Code (1) For the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code, the following things are authorised by this Act- (a) any agreement entered into between- (i) 2 or more appropriate controlling bodies in relation to the appointment of an agent to collect, or the collection by an agent or any of the controlling bodies of, fees that are payable to those bodies under a publication and use approval; or (ii) one or more appropriate controlling bodies and any corresponding body of another State or Territory in relation to the appointment of an agent to collect, or the collection by an agent or any of the controlling bodies of, fees that are payable to those bodies in relation to the publication or use of a race field; (b) the conduct of appropriate controlling bodies and any agents in negotiating and entering an agreement under paragraph (a); (c) the conduct of appropriate controlling bodies and any agent in performing an agreement under paragraph (a). (2) In this section- agreement includes a contract, arrangement or understanding. Division 6-Common gaming houses and places Gambling Regulation Act 2003 - SECT 2.5.20. What is a common gaming house or place? 2.5.20. What is a common gaming house or place? (1) A common gaming house or place is- (a) a house or place opened, kept or used for- (i) the purpose of a lottery or proposed lottery; or (ii) the purpose of playing any unlawful game; or (iii) any of the purposes mentioned in section 2.5.1; or (iv) for the purpose of using or conducting a totalisator; or (v) for the purpose of conveying or communicating information relating to betting odds at a race meeting on races or combinations of races to persons not on the racecourse while the race meeting is being held; or (b) a house or place- (i) used principally for the purpose of enabling any one or more persons to bet with others or with one another or to pay or receive any money or valuable thing in respect of any bets whether made in or at the house or place or elsewhere; or (ii) occupied by a company or club having for its principal object or one of its principal objects the enabling of shareholders or members to make wagers or bets or pay or receive money in respect of wagers or bets whether so made either among themselves or with other persons not necessarily being shareholders or members; or (c) a house or place opened, kept or used in connection with any offence referred to in section 2.5.15; or (d) a house or place that, at common law, is a common gaming house or place. (2) For the purposes of subsection (1), it is irrelevant whether or not the house or place is open only for the use of subscribers or of members or shareholders of any particular club or company or may not be open to all persons desirous of using that house or place. Gambling Regulation Act 2003 - SECT 2.5.21. Warrant to enter common gaming house and search and seize on premises 2.5.21. Warrant to enter common gaming house and search and seize on premises (1) A member of the police force may apply to a magistrate for a warrant under this section if the member or another person suspects on reasonable grounds that any house or place- (a) is a common gaming house or place; or (b) contains any instruments of gaming. (2) If a magistrate is satisfied by evidence on oath or by affidavit that there are reasonable grounds for the suspicion founding an application under subsection (1), the magistrate may issue a special warrant in the form of Form 1 in Schedule 4. (3) A special warrant under this section authorises and directs the person to whom it is issued and any other member of the police force- (a) to enter and re-enter the house or place at any time and as often as and with any assistants that may be found necessary and if necessary to use force for making entry or re-entry whether by breaking open doors or otherwise; and (b) to arrest, search and bring before a bail justice or the Magistrates' Court to be dealt with according to law all persons found in the house or place or entering or leaving it; and (c) to diligently search all parts of the house or place where the member suspects that instruments of gaming are concealed; and (d) to seize and bring before a bail justice or the Magistrates' Court to be dealt with according to law all instruments of gaming and all money and securities for money found in the house or place or on any person referred to in paragraph (b). Gambling Regulation Act 2003 - SECT 2.5.22. Offence to obstruct the entry of authorised members of police force 2.5.22. Offence to obstruct the entry of authorised members of police force A person must not- (a) wilfully prevent a member of the police force authorised to enter any house or place by a warrant under section 2.5.21 from entering or re-entering the house or place or any part of it; or (b) obstruct or delay any member of the police force in entering or re-entering the house or place or part; or (c) for the purpose of preventing obstructing or delaying the entry or re-entry of a member of the police force into a house or place referred to in the warrant, secure an external or internal door or means of access by a bolt, bar, chain or other contrivance or uses any other means for that purpose. Penalty: 25 penalty units or imprisonment for 6 months or both. Gambling Regulation Act 2003 - SECT 2.5.23. Obstructing entry to be evidence of house being a common gaming house 2.5.23. Obstructing entry to be evidence of house being a common gaming house If- (a) a member of the police force authorised by a warrant under section 2.5.21 to enter a house or place is wilfully prevented from or obstructed or delayed in entering or re-entering the house or place or any part of it; or (b) an external or internal door or means of access to a house or place authorised to be entered under the warrant is found to be fitted or provided with a bolt, bar, chain or other means or contrivance for the purpose of preventing delaying or obstructing entry or re-entry or for giving an alarm in case of entry or re-entry; or (c) a house or place is found fitted or provided with any means or contrivance for- (i) unlawful gaming or betting; or (ii) conducting a lottery or totalisator; or (iii) concealing, removing or destroying any instruments of gaming- the prevention, obstruction, delay, fitting or finding is, without prejudice to any other mode of proof, proof in the absence of evidence to the contrary that the house or place is a common gaming house or place and that the persons found in the house or place were unlawfully playing there. Gambling Regulation Act 2003 - SECT 2.5.24. Offence of permitting premises to be used as or as access to a common gaming house or place 2.5.24. Offence of permitting premises to be used as or as access to a common gaming house or place (1) An owner or occupier, or an agent for an owner or occupier, of a house or place must not permit or allow the house or place- (a) to be a common gaming house or place; or (b) to be used as a means of access to or of exit or escape from a common gaming house or place. Penalty: For a first offence, 15 penalty units or imprisonment for 3 months or both; For a second offence, 25 penalty units or imprisonment for 6 months or both; For a third or subsequent offence, imprisonment for 12 months. (2) Subsection (1) does not apply to an owner who is not the occupier or to an agent, if the court is satisfied that the owner or agent- (a) was ignorant of and had no reasonable ground to suspect that the house or place was a common gaming house or place or was used for a purpose referred to in subsection (1)(b); or (b) had taken all reasonable steps to prevent the house or place being a common gaming house or place or being used for a purpose referred to in subsection (1)(b). Gambling Regulation Act 2003 - SECT 2.5.25. Power of owner to evict occupier of common gaming house or place 2.5.25. Power of owner to evict occupier of common gaming house or place (1) If an owner of a house or place- (a) has reasonable grounds to suspect that the house or place is a common gaming house or place; or (b) has reasonable grounds to suspect that the house or place is used as a means of access to or of exit or escape from a common gaming house or place- the owner may serve on the occupier a notice to quit (stating that the notice is given under this section). (2) Subject to this Act, if a notice is served under subsection (1), any tenancy under which the occupier occupies the house or place is terminated on the 3rd day after the date of service as if the tenancy had expired by effluxion of time. (3) If a tenancy terminates under subsection (2), the owner may, without any authority other than this Act, take legal proceedings to evict and may evict the occupier. (4) A notice under subsection (1) must be served personally on the occupier unless the occupier cannot be found, in which case service may be effected by posting a copy of the notice on a conspicuous part of the house or place. (5) This section does not apply if the occupier occupies the house or place under a tenancy agreement to which the Residential Tenancies Act 1997 applies. Gambling Regulation Act 2003 - SECT 2.5.26. Cancellation of notice to quit 2.5.26. Cancellation of notice to quit (1) A notice to quit under section 2.5.25 may at any time be cancelled and relief be granted by the Supreme Court subject to any terms the court thinks fit on application by the occupier and on proof that the occupier has not at any time- (a) used, allowed or permitted the house or place to be a common gaming house or place; or (b) used, allowed or permitted the house or place to be used as a means of access to or of exit or escape from a common gaming house or place. (2) Notice in writing of an application under subsection (1) must, not less than 72 hours before the hearing of the application, be given to the owner of the house or place. (3) On being served on the owner, notice of an application under subsection (1) operates as a stay of any proceedings under section 2.5.25 until the matter of the application is determined. Gambling Regulation Act 2003 - SECT 2.5.27. Declaration of common gaming house or place 2.5.27. Declaration of common gaming house or place (1) An officer of police may apply to the Magistrates' Court for a declaration under subsection (4) if the officer suspects on reasonable grounds that a house or place is used as- (a) a common gaming house or place; or (b) a means of access to or of exit or escape from a common gaming house or place. (2) An application must be supported by affidavit. (3) Notice in writing of the application must, not less than 72 hours before the hearing of the application- (a) be served on the owner or occupier of the house or place; or (b) be advertised in a newspaper circulating generally in the locality in which the house or place is situated. (4) On an application under subsection (1), the Magistrates' Court may declare the house or place which is the subject of the application to be a common gaming house or place. (5) A declaration remains in force- (a) for the period specified in the declaration; or (b) until rescinded by the Magistrates' Court- whichever is the earlier. Gambling Regulation Act 2003 - SECT 2.5.28. Application for rescission by owner etc. 2.5.28. Application for rescission by owner etc. (1) The owner, agent, mortgagee or occupier of a house or place that has been declared to be a common gaming house or place may apply to the Magistrates' Court for rescission of the declaration. (2) Notice in writing of the application must, not less than 72 hours before the hearing of the application, be served on an officer of police stationed in the police district in which the common gaming house or place is situated. (3) On an application under subsection (1), the applicant must prove on the balance of probabilities that the applicant has not at any time used the house or place as a common gaming house or place or as a means of access to or of exit or escape from a common gaming house or place or permitted it to be so used. (4) The Magistrates' Court may rescind a declaration subject to any terms or conditions that the Court thinks fit, including the giving of security to insure that the house or place will not be used again as a common gaming house or place or as a means of access to or of exit or escape from a common gaming house or place. Gambling Regulation Act 2003 - SECT 2.5.29. Application for rescission by police 2.5.29. Application for rescission by police (1) An officer of police may apply to the Magistrates' Court for rescission of a declaration that a house or place is a common gaming house or place. (2) On an application under subsection (1), the applicant must prove on the balance of probabilities that the house or place is not used as a common gaming house or place or in contravention of this Part. (3) The Magistrates' Court may rescind a declaration in the manner referred to in section 2.5.28(4). Gambling Regulation Act 2003 - SECT 2.5.30. Notice in the Government Gazette 2.5.30. Notice in the Government Gazette (1) The applicant must cause to be published in the Government Gazette notice of- (a) a declaration under section 2.5.27; or (b) a rescission under section 2.5.28 or 2.5.29 and the terms or conditions subject to which the rescission was made. (2) In a proceeding under this Act, the production of a copy of the Government Gazette containing a notice referred to in subsection (1) is evidence that the declaration or rescission referred to in the notice was duly made. Gambling Regulation Act 2003 - SECT 2.5.31. Other notices of declaration 2.5.31. Other notices of declaration (1) If a house or place is declared to be a common gaming house or place under section 2.5.27, an officer of police must- (a) cause a notice of the making of the declaration- (i) to be published on 2 days in a newspaper circulating in the neighbourhood of the house or place; and (ii) to be served on the owner, agent, mortgagee or occupier of the house or place; and (b) cause a copy of the declaration to be posted up on the house or place so as to be visible and legible to a person entering the house or place. (2) Service under subsection (1)(a)(ii) may be effected- (a) by personal service; or (b) if, in the opinion of the officer of police, personal service cannot be effected promptly, by causing a copy of the notice to be affixed at or near to the entrance to the house or place; or (c) in the case of the owner or occupier, by posting a prepaid letter addressed to "the owner" or "the occupier" and bearing an address or description of the house or place that, in the opinion of the court, would ensure the delivery of the letter at the house or place. (3) In a proceeding under this Act, the production of a copy of a newspaper containing a notice referred to in subsection (1)(a)(i) is evidence that the notice was duly published in that newspaper on the date appearing on the newspaper. (4) A person must not cover, remove, deface or destroy a copy of a declaration posted up on premises in accordance with subsection (1)(b). Penalty: 60 penalty units or imprisonment for 6 months or both. (5) It is not a defence to a proceeding under this Division to show- (a) non-compliance with any of the requirements of this section; or (b) that a copy of a declaration posted up on premises in accordance with subsection (1)(b) has been covered, removed, defaced or destroyed. Gambling Regulation Act 2003 - SECT 2.5.32. Persons found etc. in declared common gaming house 2.5.32. Persons found etc. in declared common gaming house (1) If- (a) a house or place has been declared to be a common gaming house or place; and (b) notice of the making of the declaration has been published in a newspaper in accordance with section 2.5.31(1)(a)(i); and (c) the declaration is in force- a person must not be found in or entering or leaving the common gaming house or place or any other house or place used as a means of access to, or of exit or escape from, the common gaming house or place. Penalty: 60 penalty units or imprisonment for 6 months or both. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that the defendant- (a) was ignorant of the making of the declaration at the time of the alleged offence; or (b) was in or entering or leaving the house or place for a lawful purpose. Gambling Regulation Act 2003 - SECT 2.5.33. Convicted persons found in declared common gaming house 2.5.33. Convicted persons found in declared common gaming house A person who has been convicted of an indictable offence must not be found in a house or place that has been declared to be a common gaming house or place during the time that the declaration is in force. Penalty: 100 penalty units or imprisonment for 12 months or both. Gambling Regulation Act 2003 - SECT 2.5.34. No business to be carried on in declared common gaming house 2.5.34. No business to be carried on in declared common gaming house A person must not carry on, exercise or conduct a business, trade, profession or calling, whether authorised by a licence, registration or authority under an Act or otherwise and whether on behalf of any person or otherwise, in a house or place that has been declared to be a common gaming house or place during the time that the declaration is in force. Gambling Regulation Act 2003 - SECT 2.5.35. Liability of owner 2.5.35. Liability of owner (1) If- (a) notice of the making of a declaration under section 2.5.27 is served on an owner of a house or place; and (b) during the time that the declaration is in force, the house or place is used as a common gaming house or place or as a means of access to or of exit or escape from a common gaming house or place- the owner is guilty of an offence. Penalty: For a first offence, 100 penalty units or imprisonment for 12 months or both; For a second or subsequent offence, 200 penalty units or imprisonment for 2 years or both. (2) It is a defence to a charge for an offence against subsection (1) to prove that the defendant took all reasonable steps to evict the occupier from the house or place. Gambling Regulation Act 2003 - SECT 2.5.36. Liability of occupier 2.5.36. Liability of occupier (1) If- (a) notice of the making of a declaration is served on an occupier of a house or place; and (b) during the time that the declaration is in force, the house or place is used as a common gaming house or place or as a means of access to or of exit or escape from a common gaming house or place- the occupier is guilty of an offence. Penalty: For a first offence, 100 penalty units or imprisonment for 12 months or both; For a second or subsequent offence, 200 penalty units or imprisonment for 2 years or both. (2) It is a defence to a charge for an offence against subsection (1) to prove that the defendant took all reasonable steps to prevent such use. Gambling Regulation Act 2003 - SECT 2.5.37. Additional penalty for continuing offences 2.5.37. Additional penalty for continuing offences A person who is guilty of an offence against section 2.5.35(1) or 2.5.36(1) that is of a continuing nature is liable, in addition to the penalty set out at the foot of that section, to a further penalty of not more than 5 penalty units for each day during which the offence continued after service by a member of the police force on the person of a notice of contravention. Gambling Regulation Act 2003 - SECT 2.5.38. Entry by police 2.5.38. Entry by police While a declaration under this Part is in force with respect to a house or place, any member of the police force may at any time- (a) enter that house or place; and (b) enter any land or building which the member has reasonable grounds to suspect is used as a means of access to or of exit or escape from that house or place; and (c) pass through, from, over and along any other land or building for the purpose of entering under paragraph (a) or (b); and (d) for the purposes of paragraph (a), (b) or (c) break open doors, windows and partitions and do any other acts that are necessary; and (e) seize any instruments of gaming and any instruments of betting and documents relating to betting and any money and securities for money in that house or place or upon any persons found there; and (f) arrest, search and bring before a bail justice or the Magistrates' Court all persons found in or on or entering or leaving that house or place without lawful excuse. Gambling Regulation Act 2003 - SECT 2.5.39. Special warrant to enter premises suspected of being used as accessory to a common gaming house 2.5.39. Special warrant to enter premises suspected of being used as accessory to a common gaming house (1) A member of the police force may apply to a magistrate for a warrant under this section if the member or another person suspects on reasonable grounds that the owner or occupier of a house or place (the accessory house or place) is permitting, allowing or suffering the house or place to be used as a means of access to or of exit or escape from a common gaming house or place. (2) A member of the police force may apply for a warrant under this section only if he or she is expressly authorised by the Minister to do so in any particular case. (3) If a magistrate is satisfied by evidence on oath or by affidavit that there are reasonable grounds for the suspicion founding an application under subsection (1), the magistrate may issue a special warrant in the form of Form 2 in Schedule 4. (4) A special warrant under this section authorises and directs the person to whom it is issued and any other member of the police force- (a) to enter and re-enter the accessory house or place at any time and as often as and with any assistants that may be found necessary and if necessary to use force for making entry or re-entry whether by breaking open doors or otherwise; and (b) to pass through, from, over and along the accessory house or place; and (c) to arrest, search and bring before a bail justice or the Magistrates' Court to be dealt with according to law all persons found in the accessory house or place or entering or leaving it; and (d) to diligently search all parts of the accessory house or place where the member suspects that instruments of gaming are concealed; and (e) to seize and bring before a bail justice or the Magistrates' Court to be dealt with according to law all instruments of gaming and all money and securities for money found in the accessory house or place or on any person referred to in paragraph (c). (5) A person found in an accessory house or place or entering or leaving an accessory house or place, without lawful excuse, is guilty of an offence and liable to a penalty not exceeding half of a penalty unit. (6) A person must not- (a) wilfully prevent a member of the police force authorised by a warrant under this section to enter an accessory house or place from entering or re-entering it or any part of it; or (b) obstruct or delay a member of the police force in so entering or re-entering; or (c) for the purpose of preventing obstructing or delaying the entry or re-entry of a member of the police force, secure an external or internal door of an accessory house or place or means of access to the house or place by a bolt, bar, chain or other contrivance or use any other means for that purpose. Penalty: 25 penalty units or imprisonment for 6 months or both. Gambling Regulation Act 2003 - SECT 2.5.40. Procedure where house or place is entered under a special warrant etc. 2.5.40. Procedure where house or place is entered under a special warrant etc. (1) This section applies if- (a) a house or place is entered under a warrant under this Division and a person is found in the house or place or entering or leaving it; or (b) a person is arrested as a person found in or entering or leaving a house or place to which this Division applies. (2) If this section applies- (a) the member of the police force authorised to enter the house or place or to make or making the arrest may require the person to give his or her name and address; (b) a member of the police force must as soon as possible bring all such persons or as many of them as possible before a bail justice or the Magistrates' Court to be dealt with according to law; (c) in addition to any other power that the bail justice or the Court may possess, the bail justice or the Court may- (i) on the oral statement of a member of the police force (with or without oath as to the bail justice or the Court seems fit) direct orally or in writing that a person be released from custody; or (ii) by warrant in the form of Form 3 in Schedule 4 imprison a person until the hearing of a charge against them for an offence under this Division; or (iii) discharge a person on the person entering into a recognizance (with or without sureties at the discretion of the bail justice or the Court) conditioned for appearing at the hearing of the charge; (d) in the case of a person so imprisoned, if within 24 hours after the person has been received into custody in a prison, a document purporting to be a copy of the charge is not served on or delivered to the person having the legal custody of the person, the person must be discharged from custody; (e) on a prosecution of a person for an offence in connection with a house or place referred to in subsection (1), any other person found in the house or place (whether or not concerned in or connected with any contravention of this Division and whether or not present in court by virtue of any recognizance, summons or warrant) may be required by the court to give evidence on oath relating to the offence; (f) a person referred to in paragraph (e) is not excused from giving evidence on the ground that it will tend to incriminate the person; (g) a person referred to in paragraph (e) who refuses to be sworn or to give evidence is subject to be dealt with in all respects as if the person were a person appearing before a court in obedience to a subpoena or a summons to a witness who refuses without lawful cause or excuse to be sworn or to give evidence. (3) A person must not- (a) refuse to give a name or address under subsection (2)(a); or (b) give a false name or address. Penalty: 5 penalty units or imprisonment for 1 month or both. (4) A warrant to imprison under subsection (2)(c)(ii) may be issued for more than one person and, if so, it authorises the imprisonment of each person in respect of whom it is issued. Gambling Regulation Act 2003 - SECT 2.5.41. Persons required to be examined as witnesses making a full discovery to receive a certificate 2.5.41. Persons required to be examined as witnesses making a full discovery to receive a certificate (1) If the Court is satisfied that a person required to be examined as a witness under section 2.5.40 makes true and faithful discovery on the examination to the best of the person's belief of all things as to which the person is examined, the Court must give the person a certificate in writing to that effect. (2) If the Court is satisfied that a person concerned in or connected with a contravention of this Division who- (a) is called as a witness for the prosecution on the trial or hearing before the Court of any charge against any other person in connection with or in respect of a common gaming house or place; and (b) on the examination as a witness makes true and faithful discovery to the best of the person's belief of all things as to which the person is examined- the Court may give the person a certificate in writing to that effect. Gambling Regulation Act 2003 - SECT 2.5.42. Indemnity of witnesses 2.5.42. Indemnity of witnesses (1) A person who receives a certificate under section 2.5.41 is freed from all criminal prosecutions, penal actions, penalties, forfeitures and punishments to which the person has before that time become liable under this Act or any other Act or law relating to lotteries, gaming, betting, totalisators, common gaming houses or places or unlawful games touching the matters in respect of which the person is so examined. (2) If any action, presentment, indictment or charge is at any time pending in any court against the person in respect of any act, matter or thing concerning which the person was so examined as a witness and in respect of which the person has before that time become liable, the court, on the production and proof of the certificate and on proof that the person was so examined touching the act, matter or thing- (a) must stay the proceedings; and (b) may award the person such costs as the person has been put to or such fixed sum for or towards costs as the court thinks fit. Gambling Regulation Act 2003 - SECT 2.5.43. Persons found in common gaming house or place 2.5.43. Persons found in common gaming house or place A person who is at any time found in a common gaming house or place (whether entered under a warrant or not) without lawful excuse is guilty of an offence. Penalty: For a first offence, 25 penalty units; For a second or subsequent offence, 60 penalty units. Gambling Regulation Act 2003 - SECT 2.5.44. Being disguised in common gaming house or place 2.5.44. Being disguised in common gaming house or place A person must not employ or use any means to disguise themselves in or about a common gaming house or place. Penalty: For a first offence, 15 penalty units or imprisonment for 3 months or both; For a second offence, 25 penalty units or imprisonment for 6 months or both; For a third or subsequent offence, imprisonment for 12 months. Division 7-Services relating to betting Gambling Regulation Act 2003 - SECT 2.5.45. Offence to promote or advertise betting or offer or provide services relating to betting 2.5.45. Offence to promote or advertise betting or offer or provide services relating to betting (1) If a course of conduct is being engaged in of unauthorised betting on one or more sporting events, a person must not, knowing such conduct is being engaged in- (a) distribute any document to the public promoting or advertising the unauthorised betting (including any document about betting accounts or services); or (b) make any transaction relating to the unauthorised betting; or (c) offer or provide accounting, administrative or other services relating to the unauthorised betting. Penalty: For a first relevant offence, 100 penalty units or imprisonment for 3 months or both; For a second relevant offence, 250 penalty units or imprisonment for 6 months or both; For a third or subsequent relevant offence, 1000 penalty units or imprisonment for 2 years or both. (2) For the purposes of subsection (1), it is irrelevant whether- (a) the unauthorised betting is being carried out in Victoria or elsewhere; or (b) the sporting events are being conducted in Victoria or elsewhere. (3) In this section- relevant offence means an offence against this section or section 2.5.2(1), 2.5.8(4) or 2.6.1(1) or an offence against a law of another State or a Territory that would, if committed in Victoria, be an offence against this section; unauthorised betting means betting that is not authorised by or under the law of Victoria or another State or Territory of the Commonwealth. __________________ PART 5A-BANNING IRRESPONSIBLE GAMBLING PRODUCTS AND PRACTICES Division 1-Introduction Gambling Regulation Act 2003 - SECT 2.5A.1. Definitions 2.5A.1. Definitions In this Part- fixed term ban order means an order made under section 2.5A.9; gambling practice means any practice that is adopted in connection with the offering or provision of a gambling product; gambling product means a product that may be used for gambling or that resembles a product that may be used for gambling, whether or not that product is otherwise regulated by or under a gaming Act; interim ban order means an order made under section 2.5A.2; responsible gambling objective means an objective referred to in section 1.1(2)(a) or (ab). Division 2-Interim ban orders Gambling Regulation Act 2003 - SECT 2.5A.2. Minister may make interim ban order 2.5A.2. Minister may make interim ban order (1) The Minister, by notice published in the Government Gazette, may make an order banning a gambling product or gambling practice, if the Minister considers that the product or practice undermines or may undermine a responsible gambling objective. (2) The Minister may make an interim ban order whether or not the gambling product has been offered or provided, or the gambling practice has been adopted, in Victoria. (3) The Minister must publish notice of the making of an interim ban order in a newspaper circulating generally in Victoria. Gambling Regulation Act 2003 - SECT 2.5A.3. Duration of interim ban order 2.5A.3. Duration of interim ban order An interim ban order- (a) takes effect on the day on which notice of the order is published in the Government Gazette, or on a later day specified in the notice; and (b) remains in force for 12 months after the day on which it takes effect, unless it is sooner revoked by the Minister or replaced by a fixed term ban order. Gambling Regulation Act 2003 - SECT 2.5A.4. Minister to direct Commission to investigate 2.5A.4. Minister to direct Commission to investigate (1) If the Minister makes an interim ban order, the Minister must give a written direction to the Commission- (a) to investigate the gambling product or gambling practice that is the subject of the order; and (b) to report to the Minister on whether the gambling product or gambling practice should be made the subject of a fixed term ban order. (2) The Minister may include in a direction under subsection (1) any matter that the Minister requires the Commission to address in the investigation or report. (3) A failure by the Minister to comply with this section does not affect the validity or operation of an interim ban order. Division 3-Fixed term ban orders Gambling Regulation Act 2003 - SECT 2.5A.5. Investigation by Commission 2.5A.5. Investigation by Commission If the Minister gives the Commission a direction under section 2.5A.4, the Commission must investigate the gambling product or gambling practice that is the subject of the notice. Gambling Regulation Act 2003 - SECT 2.5A.6. Notice of investigation 2.5A.6. Notice of investigation (1) As soon as practicable after receiving a direction under section 2.5A.4, the Commission must- (a) publish notice of the investigation in the Government Gazette and on its website; and (b) give written notice of the investigation to any person who the Commission is aware is offering or providing the gambling product or adopting the gambling practice in Victoria. (2) Notice under subsection (1) must state- (a) that the Minister has made an interim ban order and the effect of that order; and (b) that the Commission has been directed to investigate the gambling product or gambling practice that is the subject of the order and report to the Minister; and (c) in the case of notice under subsection (1)(b), that the person may make a written submission to the Commission within a period specified in the notice (being a period of not less than 90 days). Gambling Regulation Act 2003 - SECT 2.5A.7. Submissions 2.5A.7. Submissions (1) A person to whom notice is given under section 2.5A.6(1)(b) may make a written submission to the Commission within the period specified in the notice, or the longer period allowed by the Commission. (2) The submission- (a) must be in the form (if any) approved by the Commission; (b) must contain the information (if any) required by the Commission. (3) If a person makes a submission in accordance with this section, the Commission must take it into account in making a report to the Minister under section 2.5A.8. Gambling Regulation Act 2003 - SECT 2.5A.8. Report on investigation 2.5A.8. Report on investigation (1) The Commission must make a written report to the Minister on an investigation under section 2.5A.5 within 9 months after the day on which the Minister directed the Commission to conduct the investigation. (2) The report must contain- (a) a recommendation that- (i) a fixed term ban order be made in respect of the gambling product or gambling practice that is the subject of the report; or (ii) the interim ban order in respect of that gambling product or gambling practice be revoked; and (b) the reasons for that recommendation; and (c) the findings on material questions of fact that led to that recommendation. Gambling Regulation Act 2003 - SECT 2.5A.9. Fixed term ban order 2.5A.9. Fixed term ban order (1) After considering a report of the Commission under section 2.5A.8, the Minister may make an order banning the gambling product or gambling practice that is the subject of the report for a period not exceeding 10 years, if the Minister is satisfied that the product or practice undermines or may undermine a responsible gambling objective. (2) In making a fixed term ban order, the Minister may rely on, but is not bound by, any recommendation contained in the Commission's report. (3) The Minister may make a fixed term ban order whether or not- (a) the gambling product has been offered or provided, or the gambling practice has been adopted, in Victoria; or (b) the interim ban order in respect of the gambling product or gambling practice has expired. (4) The Minister makes a fixed term ban order by notice published in the Government Gazette. (5) If the Minister makes a fixed term ban order- (a) the Minister must publish notice of the making of the order in a newspaper circulating generally in Victoria; and (b) the Minister must cause a copy of the order to be presented to each House of Parliament within 6 sitting days of that House after the making of the order; and (c) the Minister must give a copy of the notice to the Commission; and (d) the Commission must cause a copy of the notice to be made available on its website as soon as practicable after receiving the copy from the Minister. (6) A notice under subsection (4) or (5) must include the Minister's reasons for making the fixed term ban order. Gambling Regulation Act 2003 - SECT 2.5A.10. Duration of fixed term ban order 2.5A.10. Duration of fixed term ban order A fixed term ban order- (a) takes effect on the day on which notice of the order is published in the Government Gazette, or on a later day specified in the notice; and (b) remains in force for the period specified in the order by the Minister, unless it is sooner revoked by the Minister. Gambling Regulation Act 2003 - SECT 2.5A.11. Revocation of fixed term ban order 2.5A.11. Revocation of fixed term ban order (1) The Minister, by notice published in the Government Gazette, may revoke a fixed term ban order at any time. (2) The Minister must give a copy of the notice to the Commission as soon as practicable after the notice is published. Gambling Regulation Act 2003 - SECT 2.5A.12. Disallowance of fixed term ban order 2.5A.12. Disallowance of fixed term ban order (1) A fixed term ban order is disallowed if- (a) a notice of a resolution to disallow the order is given in a House of Parliament on or before the 18th sitting day of that House after the order is presented to that House; and (b) the resolution is passed by that House on or before the 12th sitting day of that House after the giving of the notice of the resolution. (2) Disallowance of a fixed term ban order has the same effect as a revocation of the order. Division 4-Effect of ban orders Gambling Regulation Act 2003 - SECT 2.5A.13. Offence to breach ban order 2.5A.13. Offence to breach ban order (1) While an interim ban order or fixed term ban order is in force, a person must not offer or provide a gambling product, or adopt a gambling practice, in contravention of the order. Penalty: 1000 penalty units. (2) It is a defence to a charge for an offence against subsection (1) if- (a) notice of the making of the order had not been published in a newspaper circulating generally in Victoria; and (b) the defendant was not aware of the making of the order. Division 5-General Gambling Regulation Act 2003 - SECT 2.5A.14. No compensation 2.5A.14. No compensation No compensation is payable by the State in respect of loss, damage or injury of any kind suffered by any person as a result of, or arising out of, the making of an interim ban order or a fixed term ban order. _______________ PART 6-GENERAL Gambling Regulation Act 2003 - SECT 2.6.1. Possession of instrument of betting 2.6.1. Possession of instrument of betting (1) A person must not possess an instrument of betting not authorised under this Act. Penalty: For a first relevant offence, 100 penalty units or imprisonment for 3 months or both; For a second relevant offence, 250 penalty units or imprisonment for 6 months or both; For a third or subsequent relevant offence, 1000 penalty units or imprisonment for 2 years or both. (2) In this section- possession includes- (a) actual physical possession; and (b) custody or control; and (c) having and exercising access, either solely or in common with others- and an instrument of betting is in a person's possession if it is on land or in premises occupied, used or controlled by the person; relevant offence means an offence against this section or section 2.5.2(1), 2.5.8(4) or 2.5.45 or an offence against a law of another State or a Territory that would, if committed in Victoria, be an offence against this section. Gambling Regulation Act 2003 - SECT 2.6.2. Search and seizure of instruments of betting 2.6.2. Search and seizure of instruments of betting A member of the police force in any place- (a) may stop, detain and search- (i) a vehicle in or on which the member reasonably suspects there is an instrument of betting; or (ii) a person who the member reasonably suspects is committing an offence against section 2.6.1; (b) may seize any instrument of betting found; and (c) for the purposes of paragraphs (a) and (b), may use such force as is reasonably necessary in gaining entry into the vehicle, conducting the search or seizing an instrument of betting. Gambling Regulation Act 2003 - SECT 2.6.3. Money stolen and paid away in bets is recoverable 2.6.3. Money stolen and paid away in bets is recoverable If money is stolen or embezzled and paid to a person as or on account of a wager or bet, the person from whom it was stolen or embezzled may recover it, or a sum not exceeding its amount, in a court of competent jurisdiction from the person to whom it was paid. Gambling Regulation Act 2003 - SECT 2.6.4. Acting as keeper of gaming houses etc. 2.6.4. Acting as keeper of gaming houses etc. A person who has or appears to have the care or management of a house or place opened, kept or used- (a) as a common gaming house or place; or (b) otherwise in contravention of this Chapter- is taken to be the occupier of that house or place (whether or not the person is the actual occupier). Gambling Regulation Act 2003 - SECT 2.6.5. Evidence as to offences 2.6.5. Evidence as to offences (1) For the purposes of this Chapter- (a) it is not necessary to prove that a house or place was used as a betting house or place of betting more than once for a particular purpose; (b) the burden of proving that a building or part of a building is not a private dwelling lies with the prosecution; (c) the burden of proving that land or premises (whether enclosed or unenclosed) is not a place where a person may lawfully bet lies with the prosecution; (d) keeping a bank in any house or place apparently for the purpose of an unlawful game is proof (in the absence of evidence to the contrary) that the house or place is a common gaming house or place; (e) in the absence of evidence to the contrary- (i) an instrument of gaming found in any house or place or about the person of anyone in that house or place; or (ii) telephone calls or other communications received in any house or place- in circumstances which raise the reasonable inference that the house or place is used for a purpose described in section 2.5.20(1) is proof that the house or place is a common gaming house or place and that the persons found in that house or place were playing at an unlawful game; (f) a person found playing a game in any house or place alleged to be opened, kept or used in contravention of any of the provisions of this Chapter, is proof (in the absence of evidence to the contrary) that the relevant person was playing for money, wager or a stake; (g) money or other valuable thing paid, given or received in circumstances which appear to a court of competent jurisdiction to raise a reasonable suspicion that the money or thing was paid, given or received in contravention of this Chapter is proof (in the absence of evidence to the contrary) that the money or thing was paid, given or received in contravention of this Chapter; (h) instruments of gaming or lists, books, cards, papers or documents of things relating to racing, betting or gaming found in a house or place or about the person of those found entering or leaving the premises in circumstances which appear to the court to raise a reasonable suspicion that the purposes and provisions of this Chapter have been contravened is proof (in the absence of evidence to the contrary) that the relevant house or place is a common gaming house or place. (2) Certification that a race meeting was held, signed by the secretary of a racing club in any State or Territory of the Commonwealth, is proof (in the absence of evidence to the contrary) that the relevant race meeting was held. (3) Certification signed by a promoter in the management or control of a sport or game is proof (in the absence of evidence to the contrary) that the relevant sport or game was played or conducted on the specified day by any person or team specified in the certificate. Gambling Regulation Act 2003 - SECT 2.6.6. Instruments of gaming on vessels 2.6.6. Instruments of gaming on vessels It is not an offence against this Chapter for the owner or captain of a vessel that is travelling to or from a port outside Victoria to possess an instrument of gaming when the vessel is in Victorian waters if the instrument of gaming is rendered- (a) inoperative; or (b) inaccessible to the public. Gambling Regulation Act 2003 - SECT 2.6.7. Vicarious liability 2.6.7. Vicarious liability (1) If a person in the course of employment or while acting as an agent- (a) commits an offence against this Chapter; or (b) engages in any conduct that would, if engaged in by the person's employer or principal, be an offence against this Chapter- both the person and the employer or principal are taken to have committed the offence, and either or both of them may be prosecuted for it. (2) An employer or principal is not liable for an offence committed by an employee or agent if the employer or principal proves, on the balance of probabilities, that the employer or principal took reasonable precautions to prevent the employee or agent committing the offence. * * * * * Gambling Regulation Act 2003 - SECT 2.6.9. Entry of police to public places 2.6.9. Entry of police to public places For the purpose of performing any function in relation to this Chapter, a member of the police force is authorised to enter and remain in any public place. __________________ CHAPTER 3-GAMING MACHINES PART 1-INTRODUCTION Gambling Regulation Act 2003 - SECT 3.1.1. Purpose 3.1.1. Purpose (1) The purpose of this Chapter is to establish a system for the regulation, supervision and control of gaming machines and gaming equipment with the aims of- (a) ensuring that gaming on gaming machines is conducted honestly; and (b) ensuring that the management of gaming machines and gaming equipment is free from criminal influence or exploitation; and (c) regulating the use of gaming machines in casinos and other approved venues where liquor is sold; and (d) regulating the activities of persons in the gaming machine industry; and (e) promoting tourism, employment and economic development generally in the State; and (f) fostering responsible gambling in order to- (i) minimise harm caused by problem gambling; and (ii) accommodate those who gamble without harming themselves or others. (2) The purpose of this Chapter is also to- (a) provide for the allocation of gaming machine entitlements in order to maximise the financial and social benefits to the Victorian community within the regulatory framework applying to the allocation of entitlements; (b) promote a competitive gaming industry with the aim of providing financial and social benefits to the Victorian community. Gambling Regulation Act 2003 - SECT 3.1.2. Definitions 3.1.2. Definitions In this Chapter- game means a game or program designed to be played on a gaming machine and identifiable from all other games by differences in rules or programming; gaming means the playing of a gaming machine; gaming machine entitlement allocation and transfer rules means rules made under section 3.4A.3; geographic area condition means a condition imposed on a gaming machine entitlement under section 3.4A.5(4)(a); 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; 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; 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; nominee, of a venue operator, means a person approved by the Commission under section 3.4.14 in respect of the venue operator; significant event, in relation to a monitoring system, a gaming machine, linked jackpot equipment or a communications system or device associated with a monitoring system, a gaming machine or linked jackpot equipment, means- (a) a breach or failure of the physical security of the monitoring system, gaming machine or linked jackpot equipment, or the communications system or device; or (b) a breach or failure of the electronic or software systems of the monitoring system, gaming machine or linked jackpot equipment, or the communications system or device; or (c) an unauthorised modification or interference with the monitoring system, gaming machine or linked jackpot equipment, or the communications system or device; or (d) unauthorised access or attempted access (whether by electronic or other means) of the monitoring system, gaming machine or linked jackpot equipment, or the communications system or device; or (e) an event that is prescribed to be a significant event; significant game play transaction means- (a) the winning of a jackpot prize; or (b) the winning of a prize of or higher than the amount approved by the Commission under section 3.5.4(3) in respect of the type of game played; or (c) any bet or gaming machine credit of or higher than the amount approved by the Commission under section 3.5.4(3) in respect of the type of game played; or (d) a transaction that is prescribed to be a significant game play transaction; * * * * * venue condition means a condition imposed on a gaming machine entitlement under section 3.4A.5(2)(b). Gambling Regulation Act 2003 - SECT 3.1.3. Machines may be declared to be gaming machines 3.1.3. Machines may be declared to be gaming machines The Governor in Council, on the recommendation of the Commission, may, by Order published in the Government Gazette, declare a machine, or type of machine, to be a gaming machine. Gambling Regulation Act 2003 - SECT 3.1.4. Conduct of gaming and playing gaming machines 3.1.4. Conduct of gaming and playing gaming machines (1) A reference in this Chapter to the conduct of gaming is a reference to- (a) the management, use, supervision and operation of gaming equipment; and (b) the sale, redemption or use of gaming tokens; and (c) the installation, alteration, adjustment, maintenance or repair of gaming equipment; and (d) the use or distribution of proceeds from the conduct of gaming; and (e) accounting, banking, storage and other acts in connection with or related or incidental to gaming and the conduct of gaming. (2) For the purposes of this Chapter, a person is to be taken to play a gaming machine if the person, directly or indirectly- (a) inserts a gaming token into the gaming machine; or (b) causes gaming machine credits to be registered by the gaming machine; or (c) makes a bet on the gaming machine; or (d) makes, or participates in making the decisions involved in playing the gaming machine. (3) Subsection (2) does not apply to an employee of a gaming operator, a venue operator or the monitoring licensee, or the holder of a gaming industry employee's licence, in the lawful performance of his or her duties. Gambling Regulation Act 2003 - SECT 3.1.5. Application of Chapter to casino operator 3.1.5. Application of Chapter to casino operator (1) For the purposes of this Chapter, a casino operator is taken to be the holder of a venue operator's licence. (2) A casino operator is authorised- (a) to obtain from a person listed on the Roll approved gaming machines and restricted components; and (b) to conduct gaming at the casino; and (c) to service, repair and maintain gaming equipment through the services of persons holding a licence issued under Part 4 of the Casino Control Act 1991; and (d) to sell or dispose of gaming equipment with the approval of the Commission; and (e) to do all things necessarily incidental to carrying on the activities referred to in paragraph (a), (b), (c) or (d). (3) A casino operator is authorised to sell or dispose of approved gaming machines with the approval of the Commission. (3A) The Commission, having regard to any plans, diagrams and specifications approved under section 59 of the Casino Control Act 1991, may, by instrument, determine that an area in a casino is a gaming machine area for the purposes of matters relevant to the provision to players of gaming machines of information relevant to gaming on gaming machines. (4) The regulations may provide that any provisions of this Chapter that apply to a venue operator do not apply to a casino operator. Note In addition, some provisions of this Chapter that apply to a venue operator do not apply to a casino operator or casino-see sections 3.3.16, 3.4.25, 3.4.68, 3.5.7, 3.5.8, 3.5.15, 3.5.18, 3.5.20, 3.5.23(1), 3.5.27, 3.5.28, 3.5.32 and 3.5.33, and Divisions 6 and 7 of Part 5. Gambling Regulation Act 2003 - SECT 3.1.6. Application of Chapter to tabaret premises 3.1.6. Application of Chapter to tabaret premises (1) Division 2 of Part 6 and the provisions of this Chapter relating to gaming machine entitlements apply to tabaret premises as if they were premises in respect of which a pub licence were in force. (2) The remainder of this Chapter applies to tabaret premises as if they were premises in respect of which a club licence were in force. Gambling Regulation Act 2003 - SECT 3.1.6A. Application of Chapter to tabaret premises 3.1.6A. Application of Chapter to tabaret premises On and after a gaming machine entitlement declared day that applies to a gaming machine entitlement under which gaming is conducted in an approved venue that is a tabaret premises, this Chapter applies to the tabaret premises as if they were an approved venue in respect of which a pub licence were in force. __________________ PART 2-GENERAL AUTHORISATION FOR GAMING ON GAMING MACHINES Division 1-Legality of gaming machine gaming Gambling Regulation Act 2003 - SECT 3.2.1. Gaming in approved venue declared lawful 3.2.1. Gaming in approved venue declared lawful (1) The conduct of gaming is lawful when the gaming is conducted, and the gaming equipment is provided, in an approved venue or casino in accordance with this Chapter. Note Part 4A requires a venue operator to hold gaming machine entitlements to conduct gaming in an approved venue on or after a gaming machine entitlement declared day or days that apply to those entitlements. (2) The conduct of gaming in an approved venue or casino in accordance with this Chapter and the conditions of the relevant licences and gaming machine entitlements is not a public or private nuisance. (3) An approved venue is not a common gaming house or place. Gambling Regulation Act 2003 - SECT 3.2.2. Possession of gaming machines may be authorised 3.2.2. Possession of gaming machines may be authorised (1) The Commission may authorise in writing any person or class of persons to be in possession of a gaming machine or gaming equipment for the purpose of testing, research or development or for the purpose of servicing, repair or maintenance. (2) The Commission may authorise in writing a person to be in possession of a gaming machine, being a machine that is not in operating order. (3) An authorisation under subsection (1) or (2)- (a) may be given subject to any terms, conditions or limitations that the Commission thinks fit; and (b) may be given for any period specified by the Commission; and (c) may be renewed, with or without variation, from time to time. (4) A function of the Commission under this section may be performed by any commissioner. Division 2-Ministerial directions, regional limits and municipal limits Gambling Regulation Act 2003 - SECT 3.2.3. Ministerial directions as to requirements for gaming machines 3.2.3. Ministerial directions as to requirements for gaming machines (1) The Minister may from time to time give a direction in writing to the Commission as to any one or more of the following matters- (a) the maximum permissible number of gaming machines available for gaming in the State; * * * * * (d) the bet limits to apply to gaming machines; * * * * * (f) the proportion of gaming machines that each gaming operator is permitted to operate; (g) the criteria that the Commission must apply in determining whether to specify an area by notice under section 62AB(4), 62AC(2) or 81AAB(2) of the Casino Control Act 1991; (h) the conditions that the Commission must specify in a notice referred to in paragraph (g). (2) The Minister must, in giving directions under this section, comply with Part 5 of the Agreement, a copy of which is set out in Schedule 1 to the Casino (Management Agreement) Act 1993. (3) The Minister may vary or revoke a direction by further direction in writing to the Commission. (4) The Commission must, as soon as possible after receiving a direction under this section, cause notice of the direction to be published in the Government Gazette. (5) The Commission is bound by a direction given under this section. (6) The Commission must publish in its annual report all directions given by the Minister under this section during the previous year. Gambling Regulation Act 2003 - SECT 3.2.4. Regional and municipal limits on gaming machines 3.2.4. Regional and municipal limits on gaming machines (1) The Minister may from time to time, by order published in the Government Gazette- (a) determine regions in the State for the purposes of this Chapter; and (b) in respect of a region or municipal district- (i) determine the maximum permissible number of gaming machines available for gaming in the region or municipal district; or (ii) require the Commission, based on criteria specified in the order, to determine the maximum permissible number of gaming machines available for gaming in the region or municipal district; and (c) require the Commission, based on criteria specified in the order, to determine how gaming machines are to be removed from- (i) a region, if the number of gaming machines available for gaming in a region exceeds the maximum permissible number available for gaming in the region; or (ii) a municipal district, if the number of gaming machines available for gaming in the municipal district exceeds the maximum permissible number available for gaming in the district; and (d) specify a time within which the Commission must make a determination under paragraph (c); and (e) specify a maximum period within which gaming machines available for gaming that exceed the maximum permissible number are to be removed, being a period not exceeding 5 years after the date on which the order is published in the Government Gazette; and (f) specify criteria that the Commission must have regard to when determining the timing of reviews under section 3.2.4A. (2) An order under subsection (1) in relation to a municipal limit may exclude part of the municipal district from the order. (3) If any part of a municipal district is subject to a regional limit, an order under subsection (1) in relation to a municipal limit applies only to the part (if any) of the municipal district that is not subject to the regional limit. (4) Within the time specified in an order under subsection (1) or, if no time is specified in the order, within 60 days after the order is published in the Government Gazette, the Commission must, by instrument published in the Government Gazette, make any determination the order requires it to make- (a) in accordance with the criteria specified in the order; and (b) subject to compliance with any direction given by the Minister and in force under section 3.2.3(1). (5) If an order under subsection (1) does not specify all of the relevant information or criteria by which the Commission must make a determination, the Commission may, in making a determination under subsection (4), determine anything that is necessary to give effect to the order. (6) Within 7 days after publication of a determination under subsection (4), the Commission must- (a) serve on each gaming operator a copy of the determination; and (b) give each gaming operator a written direction requiring compliance with the regional limit or municipal limit (as the case requires) by any means specified by the Commission in the direction. (7) A direction under subsection (6)(b) must specify- (a) the number of gaming machines to be removed from the region or municipal district and from each approved venue; and (b) the period within which the gaming machines are to be removed, being a period- (i) not exceeding the maximum period specified in the order under subsection (1); or (ii) if no period is set out in the order under subsection (1), not exceeding 5 years. (8) A gaming operator must comply with a direction under subsection (6)(b). Gambling Regulation Act 2003 - SECT 3.2.4A. Review of regional and municipal limits 3.2.4A. Review of regional and municipal limits (1) The Commission must, at any time determined by the Commission and, in any event, no later than 5 years after the publication of a determination under section 3.2.4(4) and thereafter at intervals not exceeding 5 years- (a) review the Commission's determination; and (b) if a regional limit or municipal limit determined by the Commission is no longer appropriate, determine, by instrument published in the Government Gazette, within 30 days after completing the review, a new regional limit or municipal limit (as the case requires)- (i) in accordance with the criteria specified in the order under section 3.2.4(1); and (ii) subject to compliance with any direction given by the Minister and in force under section 3.2.3(1). (2) Section 3.2.4 applies to a determination under subsection (1)(b) as if it were a determination under section 3.2.4(4). (3) In determining the timing of reviews under this section, the Commission must have regard to any criteria specified in an order under section 3.2.4(1)(f). Gambling Regulation Act 2003 - SECT 3.2.5. No compensation payable 3.2.5. No compensation payable No compensation is payable by the State in respect of any direction given or anything done under or arising out of- (a) any direction given by the Commission under section 3.2.4. * * * * * __________________ PART 2A-OWNERSHIP AND RELATED PERSON RESTRICTIONS Division 1-Interpretation Gambling Regulation Act 2003 - SECT 3.2A.1. Definitions 3.2A.1. Definitions In this Part- entitlement holder means a venue operator that is the holder of a gaming machine entitlement; monitoring licence means the monitoring licence that is in effect (other than for the purpose of preparatory action taken in accordance with an authorisation under section 3.4.54(2)); monitoring licensee means the holder of the monitoring licence; prescribed connection means- (a) a prescribed interest (legal or equitable) in or in relation to an entitlement holder; or (b) a prescribed right or power in relation to an entitlement holder; or (c) a prescribed common person employed or engaged by 2 or more entitlement holders; or (d) a prescribed relationship between prescribed persons employed or engaged by an entitlement holder or 2 or more entitlement holders; or (e) a prescribed relationship between a person employed or engaged by an entitlement holder and another person; or (f) a prescribed agreement or arrangement between entitlement holders or an entitlement holder and another person; or (g) a prescribed agreement or arrangement between prescribed persons employed or engaged by an entitlement holder or 2 or more entitlement holders. Division 2-Ownership and related person licensee restrictions Gambling Regulation Act 2003 - SECT 3.2A.2. Restrictions for venue operators and related persons 3.2A.2. Restrictions for venue operators and related persons (1) This section applies to- (a) a venue operator; (b) an associate of a venue operator; (c) a subsidiary of a venue operator; (d) a related body corporate of a venue operator. (2) A person to whom this section applies must not be- (a) a person listed on the Roll; or (b) a holder of the monitoring licence; or (c) an associate, subsidiary or related body corporate of a person listed on the Roll; or (d) an associate, subsidiary or related body corporate of a holder of the monitoring licence. Gambling Regulation Act 2003 - SECT 3.2A.3. Monitoring restrictions for persons listed on the Roll and related persons 3.2A.3. Monitoring restrictions for persons listed on the Roll and related persons (1) This section applies to- (a) a person listed on the Roll who- (i) manufactures approved gaming machines or restricted components; or (ii) supplies testing services; (b) an associate, subsidiary or related body corporate of a person referred to in paragraph (a). (2) A person to whom this section applies must not be- (a) a holder of the monitoring licence; or (b) an associate of a holder of the monitoring licence; or (c) a subsidiary of a holder of the monitoring licence; or (d) a related body corporate of a holder of the monitoring licence. Gambling Regulation Act 2003 - SECT 3.2A.4. Other restrictions for persons listed on the Roll and related persons 3.2A.4. Other restrictions for persons listed on the Roll and related persons (1) This section applies to- (a) a person listed on the Roll; (b) an associate, subsidiary or related body corporate of a person referred to in paragraph (a). (2) A person to whom this section applies must not be- (a) a holder of a venue operator's licence; or (b) an associate of a holder of a venue operator's licence; or (c) a subsidiary of a holder of a venue operator's licence; or (d) a related body corporate of a holder of a venue operator's licence. Gambling Regulation Act 2003 - SECT 3.2A.5. Restrictions for the monitoring licensee and related persons 3.2A.5. Restrictions for the monitoring licensee and related persons (1) This section applies to- (a) the monitoring licensee; (b) an associate of the monitoring licensee; (c) a subsidiary of the monitoring licensee; (d) a related body corporate of the monitoring licensee. (2) A person to whom this section applies must not- (a) be a holder of a venue operator's licence; or (b) be a person listed on the Roll who- (i) manufactures approved gaming machines or restricted components; or (ii) does any of the things referred to in section 3.4.5(c), (d) or (e); (c) be an associate of a holder of a venue operator's licence or a person referred to in paragraph (b); or (d) be a subsidiary of a holder of a venue operator's licence or a person referred to in paragraph (b); or (e) be a related body corporate of a holder of a venue operator's licence or a person referred to in paragraph (b). Gambling Regulation Act 2003 - SECT 3.2A.6. Restrictions for a casino operator 3.2A.6. Restrictions for a casino operator (1) This section applies to- (a) a casino operator; (b) an associate of a casino operator; (c) a subsidiary of a casino operator; (d) a related body corporate of a casino operator. (2) A person to whom this section applies must not- (a) hold a gaming machine entitlement that authorises the conduct of gaming in an approved venue in respect of which there is, in force, a pub licence; or (b) be a holder of the monitoring licence. Division 3-Gaming machine entitlement prohibited interests Gambling Regulation Act 2003 - SECT 3.2A.7. Prohibited interests in gaming machine entitlements 3.2A.7. Prohibited interests in gaming machine entitlements (1) On and after a day declared by the Minister under subsection (1A), it is unlawful for an entitlement holder to hold a prohibited number of hotel gaming machine entitlements or club gaming machine entitlements. (1A) For the purposes of this Division, the Minister must, by notice published in the Government Gazette, declare a day on and after which it will be unlawful for an entitlement holder to hold a prohibited number of hotel gaming machine entitlements or club gaming machine entitlements. (1B) A notice published in the Government Gazette under subsection (1A) takes effect on the day on which the notice is published in the Government Gazette, or on a later day specified in the notice. (2) An entitlement holder holds a prohibited number of hotel gaming machine entitlements if- (a) the entitlement holder holds more than 35% of hotel gaming machine entitlements; or (b) the sum of the hotel gaming machine entitlements held by an entitlement holder (the first entitlement holder) and one or more other entitlement holders that have a prescribed connection with the first entitlement holder equates to more than 35% of hotel gaming machine entitlements. (3) An entitlement holder holds a prohibited number of club gaming machine entitlements if- (a) the entitlement holder holds more than 420 club gaming machine entitlements; or (b) the sum of the club gaming machine entitlements held by an entitlement holder (the first entitlement holder) and one or more other entitlement holders that have a prescribed connection with the first entitlement holder equates to more than 420 club gaming machine entitlements. (4) In determining whether an entitlement holder holds a prohibited interest as specified under subsection (2)(b), a notice published under section 3.4A.5(3) must be applied and the matters set out in section 3.4A.5(5) and (6) must be taken into account. __________________ PART 3-APPROVAL OF PREMISES FOR GAMING Division 1-Introduction Gambling Regulation Act 2003 - SECT 3.3.1. Outline of Part 3.3.1. Outline of Part This Part sets out the procedure for obtaining the following approvals from the Commission- (a) approval of premises as suitable for gaming; (b) approval for 24 hour gaming on any one or more days. Note Premises cannot operate as an approved venue unless the premises are approved under this Part as suitable for gaming. Division 2-Premises approvals Gambling Regulation Act 2003 - SECT 3.3.2. Which premises may be approved as suitable for gaming? 3.3.2. Which premises may be approved as suitable for gaming? (1) An approval of premises as suitable for gaming may be given for any premises to which one of the following applies- (a) a pub licence; (b) a club licence; (c) a racing club licence. (2) Premises may be approved before a licence referred to in subsection (1) is granted or comes into force, but in that case the approval does not come into force until that licence comes into force. (3) Despite subsection (1), an approval cannot be given under this Part for prescribed premises or premises of a prescribed class. Gambling Regulation Act 2003 - SECT 3.3.3. Which premises may be approved for 24 hour gaming? 3.3.3. Which premises may be approved for 24 hour gaming? An approval of premises as suitable for gaming may include an approval for 24 hour gaming on the premises on any one or more days if- (a) the premises are in the Melbourne Statistical Division; and (b) the pub licence or club licence that applies to the premises authorises the supply of liquor at any time. Gambling Regulation Act 2003 - SECT 3.3.4. Application for approval of premises 3.3.4. Application for approval of premises (1) The owner of premises or a person authorised by the owner may apply to the Commission for the approval of the premises as suitable for gaming. (2) An application must be in the form approved by the Commission and must be accompanied by the prescribed fee. (3) The application must contain or be accompanied by- (a) evidence of the applicant's interest in the premises or any other relevant authorisation; and (b) any one of- (i) a copy of a permit issued under the Planning and Environment Act 1987 permitting the premises to be used for gaming on gaming machines; or (ii) other evidence that use of the premises for gaming on gaming machines would not contravene the planning scheme that applies under the Planning and Environment Act 1987; or (iii) a copy of an application that has been made in accordance with the Planning and Environment Act 1987 for a permit that, if granted, would permit the premises to be used for gaming on gaming machines; and (c) any additional information the Commission requests. (4) If an application for approval of premises as suitable for gaming includes an application for approval of 24 hour gaming on the premises, the application must also be accompanied by a submission- (a) on the net economic and social benefit that will accrue to the community of the municipal district in which the premises are located as a result of the premises being open for gaming for 24 hours; and (b) taking into account the impact of the proposal for approval on surrounding municipal districts. (5) The submission must be in the form approved by the Commission and must include the information specified in the form. Note Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for approval of premises as suitable for gaming. $$A Gambling Regulation Act 2003 - SECT 3.3.5. Notification of responsible authority 3.3.5. Notification of responsible authority Within 14 days after applying, the applicant must send a copy of the application to the relevant responsible authority within the meaning of the Planning and Environment Act 1987. Gambling Regulation Act 2003 - SECT 3.3.6. Responsible authority may make submission 3.3.6. Responsible authority may make submission (1) The relevant responsible authority may make a submission to the Commission on an application for approval of premises- (a) addressing the economic and social impact of the proposal for approval on the well-being of the community of the municipal district in which the premises are located; and (b) taking into account the impact of the proposal on surrounding municipal districts. (2) A submission must be in the form approved by the Commission and must include the information specified in the form. (3) A submission must be made within 60 days (or the longer period allowed by the Commission) after the responsible authority receives a copy of the application. Gambling Regulation Act 2003 - SECT 3.3.7. Matters to be considered in determining applications 3.3.7. Matters to be considered in determining applications (1) The Commission must not grant an application for approval of premises as suitable for gaming unless satisfied that- (a) the applicant has authority to make the application in respect of the premises; and (b) the premises are or, on the completion of building works will be, suitable for the management and operation of gaming machines; and (c) the net economic and social impact of approval will not be detrimental to the well-being of the community of the municipal district in which the premises are located. (2) In particular, the Commission must consider whether the size, layout and facilities of the premises are or will be suitable. (3) The Commission must also consider any submission made by the relevant responsible authority under section 3.3.6. (4) If the relevant responsible authority does not make a submission under section 3.3.6, the Commission must seek the relevant authority's views on the application and must consider those views (if any) in determining the application. (5) The Commission cannot approve an area as a gaming machine area unless that area is wholly indoors. Gambling Regulation Act 2003 - SECT 3.3.8. Determination of application 3.3.8. Determination of application (1) The Commission must determine an application by either granting or refusing to grant- (a) approval of the premises as suitable for gaming; and (b) if applicable, approval for 24 hour gaming on the premises on any one or more days. (2) An approval must specify- (a) the number of gaming machines permitted; and (b) the gaming machine areas approved for the premises; and (c) if applicable, the days on which 24 hour gaming is permitted on the premises. (3) If the Commission approves 24 hour gaming on any day, the Commission must cause notice of the approval to be published in the Government Gazette. (4) The Commission must give written notice of its decision on an application to- (a) the applicant; and (b) the relevant responsible authority, if that authority made a submission under section 3.3.6 on the application. Gambling Regulation Act 2003 - SECT 3.3.9. Conditions of approval 3.3.9. Conditions of approval (1) It is a condition of every approval of premises that, when the premises are an approved venue- (a) there must be a continuous 4 hour break from gaming after every 20 hours of gaming; and (b) there must not be more than 20 hours of gaming each day. (2) Subsection (1) does not apply to premises on any day or date specified in an approval of premises or in a venue operator's licence as a day on which 24 hour gaming is permitted on the premises. (3) An approval may be granted subject to- (a) a condition that the approval does not take effect until the Commission has notified the applicant in writing that the premises have been inspected for the purposes of section 3.3.7(1)(b) and the Commission is satisfied that the premises are suitable for the management and operation of gaming machines; (b) a condition that the approval does not take effect until the applicant satisfies the Commission that- (i) the applicant has obtained a permit under the Planning and Environment Act 1987 permitting the premises to be used for gaming on gaming machines; or (ii) use of the premises for gaming on gaming machines would not contravene the planning scheme that applies under the Planning and Environment Act 1987; (c) any other conditions that the Commission thinks fit. (4) Without limiting the matters to which conditions may relate, the conditions of an approval may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act. Gambling Regulation Act 2003 - SECT 3.3.10. Duration of approval 3.3.10. Duration of approval An approval of premises as suitable for gaming remains in force until the approval is revoked or surrendered. Gambling Regulation Act 2003 - SECT 3.3.11. Variation of approval 3.3.11. Variation of approval (1) The holder of an approval of premises must give the Commission written particulars of any change in the size or layout of the premises, without delay after that change occurs. (2) If the Commission is satisfied that the change in the size or layout of the premises will not result in the number of gaming machines for the premises being increased, the Commission may, on the application of the holder of the approval, vary the approval to incorporate those changes. Gambling Regulation Act 2003 - SECT 3.3.12. Revocation of approval 3.3.12. Revocation of approval (1) The Commission may serve on a person who is the holder of an approval of premises under this Part a notice in writing giving the person an opportunity to show cause within 28 days why the approval should not be revoked on the grounds that the premises are, for reasons specified in the notice, no longer suitable for the conduct of gaming. (2) The holder of the approval may, within the period allowed by the notice, arrange with the Commission for the making of submissions to the Commission as to why the approval should not be revoked and the Commission must consider any submissions so made. (3) The Commission may then revoke the approval if the Commission sees fit and does so by giving written notice of the revocation to the holder of the approval. (4) Revocation of approval under this section takes effect when the notice is given or on a later date specified in the notice. Gambling Regulation Act 2003 - SECT 3.3.13. Automatic revocation of approval 3.3.13. Automatic revocation of approval If a licence under the Liquor Control Reform Act 1998 in respect of premises approved under this Part- (a) is cancelled, relocated, surrendered or released, the approval of the premises under this Part is immediately revoked; or (b) is suspended for a period of time, the approval of the premises under this Part is immediately suspended for the same period. Gambling Regulation Act 2003 - SECT 3.3.14. Tribunal review of approval 3.3.14. Tribunal review of approval (1) An applicant for approval of premises may apply to the Tribunal for review of a decision of the Commission on the application. (2) A responsible authority that made a submission under section 3.3.6 on an application for approval of premises may apply to the Tribunal for review of a decision of the Commission granting the approval. (3) An application for review must be made within 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 applicant or responsible authority requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or responsible authority or the applicant or responsible authority is informed under section 46(5) of that Act that a statement of reasons will not be given. Gambling Regulation Act 2003 - SECT 3.3.15. Surrender of approval 3.3.15. Surrender of approval The holder of an approval under this Part may surrender the approval by giving notice in writing to the Commission. Gambling Regulation Act 2003 - SECT 3.3.15A. One venue operator for an approved venue 3.3.15A. One venue operator for an approved venue Only one venue operator may conduct gaming in each approved venue. Division 3-Modification of gaming machine areas Gambling Regulation Act 2003 - SECT 3.3.16. Modification of gaming machine areas 3.3.16. Modification of gaming machine areas (1) A venue operator must not modify a gaming machine area in an approved venue without the approval of the Commission. Penalty: 100 penalty units. (2) An application for approval must be accompanied by the prescribed fee. (3) The Commission may grant, with or without conditions, or refuse to grant an application for approval of modification of a gaming machine area having regard to- (a) the size, layout and facilities of the approved venue; and (b) any other matter that the Commission considers relevant. (3A) The Commission cannot grant an application for approval of modification of a gaming machine area unless that area as modified is wholly indoors. (4) A function of the Commission under this section may be performed by any commissioner. (5) This section does not apply to a venue operator who is a casino operator. Gambling Regulation Act 2003 - SECT 3.3.17. Appeal 3.3.17. Appeal (1) If a decision to refuse to grant an application for approval under section 3.3.16, or a decision to grant an approval subject to conditions, is made by a single commissioner, the venue operator may appeal against the decision to the Commission within 28 days of notification of the decision. (2) An appeal must- (a) be in writing; and (b) specify the grounds on which it is made. (3) After consideration of an appeal, the Commission may- (a) confirm the decision; or (b) in the case of a decision to refuse an application-grant the application, either unconditionally or subject to conditions; (c) in the case of a decision to grant an application subject to conditions-vary or remove the conditions. (4) The decision of the Commission on an appeal- (a) must be notified in writing to the applicant; (b) may include the reasons for the decision. (5) The Commission as constituted for the purposes of the appeal must not include the commissioner who made the decision appealed against. _______________ PART 4-LICENSING OF OPERATORS AND MONITORS AND LISTING OF MANUFACTURERS, SUPPLIERS AND TESTERS Division 1-Authority conferred by licences and listing Gambling Regulation Act 2003 - SECT 3.4.1. Authority conferred by venue operator's licence 3.4.1. Authority conferred by venue operator's licence (1) A venue operator's licence authorises the licensee, subject to this Act and any conditions to which the licence is subject- (aa) to acquire and transfer gaming machine entitlements in accordance with Part 4A; and (ab) while holding gaming machine entitlements, conduct gaming on approved gaming machines in an approved venue operated by the licensee; and (ac) while holding a gaming machine entitlement or following the forfeiture of a gaming machine entitlement under Division 6, 7 or 8 of Part 4A, to, with the approval of the Commission, sell or dispose of gaming equipment acquired for the purpose of use in an approved venue operated by the venue operator; and (ad) while holding a gaming machine entitlement, to, through the services of a person holding a gaming industry employee's licence, service, repair or maintain gaming equipment acquired for the purpose of use in an approved venue operated by the venue operator; and (a) to obtain approved gaming machines from a gaming operator; and (b) to possess gaming equipment; and (c) to manage and operate an approved venue; and (d) to do all things necessarily incidental to carrying on the activities authorised by this section. (2) A venue operator's licence does not authorise the licensee to engage in any business by way of- (a) manufacture of gaming machines or restricted components; or (b) supply of approved gaming machines or restricted components to any person; or (c) service, repair or maintenance of gaming equipment or games. (3) A venue operator's licence only authorises the licensee to conduct gaming on 105 approved gaming machines in every approved venue operated by the licensee. Gambling Regulation Act 2003 - SECT 3.4.1A. Venue operator's licence is not a gaming operator's licence or gaming licence 3.4.1A. Venue operator's licence is not a gaming operator's licence or gaming licence The granting of a venue operator's licence under this Part on or after the commencement of section 12 of the Gambling Regulation Amendment (Licensing) Act 2009 to a person is not to be taken to be a granting of- (a) a gaming operator's licence to that person under this Part; or (b) a gaming licence to that person under Chapter 4. Gambling Regulation Act 2003 - SECT 3.4.2. Authority conferred by gaming operator's licence 3.4.2. Authority conferred by gaming operator's licence A gaming operator's licence authorises the licensee and the operator, subject to this Act and any conditions to which the licence is subject- (a) to obtain from a person listed on the Roll approved gaming machines and restricted components; and (b) to manufacture approved gaming machines and restricted components; and (c) to supply approved gaming machines and restricted components to venue operators; and (d) to conduct gaming at an approved venue; and (e) to sell or dispose of gaming equipment with the approval of the Commission; and (f) to service, repair or maintain gaming equipment through the services of persons holding a gaming industry employee's licence; and (g) to do all things necessarily incidental to carrying on the activities authorised by this section. Gambling Regulation Act 2003 - SECT 3.4.3. Application of Part-gaming operator's licences 3.4.3. Application of Part-gaming operator's licences This Part applies only with respect to the gaming operator's licence that was issued on 14 April 1992 and does not authorise the grant of any further gaming operator's licence. Gambling Regulation Act 2003 - SECT 3.4.4. Authority conferred by monitoring licence 3.4.4. Authority conferred by monitoring licence (1) The monitoring licence authorises the monitoring licensee, subject to this Act, any related agreement referred to in section 3.4.48 and any conditions to which the licence is subject- (a) to operate and maintain an electronic monitoring system; and (b) to conduct monitoring using the electronic monitoring system for the purpose of- (i) detecting significant events in relation to the monitoring system, a gaming machine, linked jackpot equipment or a communications system or device associated with the monitoring system, a gaming machine or linked jackpot equipment; and (ii) continuously recording, monitoring and controlling significant game play transactions and recording revenue generated from each gaming machine connected to the system; and (iii) facilitating linked jackpot arrangements; and (c) to sell, supply or possess gaming equipment solely for the purpose of- (i) detecting significant events in relation to the monitoring system, a gaming machine, linked jackpot equipment or a communications system or device associated with the monitoring system, a gaming machine or linked jackpot equipment; and (ii) continuously recording, monitoring and controlling significant game play transactions and recording revenue generated from gaming machines connected to the monitoring system; and (iii) facilitating linked jackpot arrangements; and (ca) to provide, in accordance with a direction under section 3.4.49 (if any), systems and mechanisms that implement responsible gambling measures for the conduct of gaming; and (d) to do all things necessarily incidental to carrying on the activities authorised by this section. (2) Despite anything to the contrary in this Act, the facilitation of a linked jackpot arrangement by the monitoring licensee is not to be taken to constitute the conduct of gaming if that facilitation occurs solely to enable a venue operator that holds a gaming machine entitlement to conduct gaming through the linked jackpot arrangement. Gambling Regulation Act 2003 - SECT 3.4.4A. Monitoring licence is not a gaming operator's licence or gaming licence 3.4.4A. Monitoring licence is not a gaming operator's licence or gaming licence The granting of the monitoring licence under this Part on or after the commencement of section 13 of the Gambling Regulation Amendment (Licensing) Act 2009 to a person is not to be taken to be a granting of- (a) a gaming operator's licence to that person under this Part; or (b) a gaming licence to that person under Chapter 4. Gambling Regulation Act 2003 - SECT 3.4.5. Authority conferred by listing on the Roll 3.4.5. Authority conferred by listing on the Roll A person whose name is listed on the Roll is authorised, subject to this Act- (a) to manufacture, sell or supply approved gaming machines; and (b) to manufacture, sell or supply restricted components; and (ba) to enter into arrangements with venue operators to service, repair or maintain gaming equipment through the services of a person holding a gaming industry employee's licence; and (c) to enter into arrangements with gaming operators to service, repair or maintain gaming equipment through the services of persons holding a gaming industry employee's licence; and (d) to enter into arrangements with manufacturers or suppliers of gaming equipment or games or gaming operators to test gaming equipment or games for the purposes of the issue of certificates referred to in section 3.5.4, 3.5.5 or 3.5.13; and (e) to enter into arrangements with persons seeking approval of gaming equipment (within the meaning of the Casino Control Act 1991) to test the equipment for the purposes of the issue of certificates referred to in section 62 of that Act; and (f) to enter into arrangements with the holder of the wagering licence, the wagering operator, the wagering and betting licensee or the holder of an on-course wagering permit to test instruments, contrivances, hardware, software or equipment referred to in section 4.2.3 for the purposes of the issue of certificates referred to in that section; and (fa) to enter into arrangements with the monitoring licensee, the holder of a public lottery licence or the keno licensee to test instruments, contrivances, hardware, software or equipment referred to in section 3.5.13, 5.2.1A or 6A.2.5 for the purposes of the issue of certificates referred to in those sections. (g) to enter into arrangements with a licensed provider to test interactive gaming equipment for the purposes of the issue of certificates referred to in section 7.4.4. Gambling Regulation Act 2003 - SECT 3.4.6. Offence to breach licence conditions 3.4.6. Offence to breach licence conditions The holder of a venue operator's licence or a gaming operator's licence must comply with all conditions, if any, to which the licence is subject. Penalty: 2500 penalty units. Gambling Regulation Act 2003 - SECT 3.4.7. Offence to breach condition of listing on Roll 3.4.7. Offence to breach condition of listing on Roll A person whose name is listed on the Roll must comply with all conditions, if any, to which the listing is subject. Penalty: 2500 penalty units. Division 2-Venue operator's licence Gambling Regulation Act 2003 - SECT 3.4.8. Application for venue operator's licence 3.4.8. Application for venue operator's licence (1) Only a person who is not a natural person may apply to the Commission for a club venue operator's licence or a hotel venue operator's licence. (1A) An application for a club venue operator's licence may only be made by a club- (a) that is established for a community purpose; and (b) the constituting document of which contains provisions prohibiting- (i) the distribution of any annual profit or surplus to its members; and (ii) the distribution of any surplus to its members on winding up. (2) An application for a licence must- (a) be in the form approved by the Commission; and (b) be accompanied by the prescribed fee; and (ba) set out details of the self-exclusion program that the applicant intends to conduct if the licence is granted; and (bb) be accompanied by a Responsible Gambling Code of Conduct that the applicant intends to implement if the licence is granted; and (c) contain or be accompanied by any additional information the Commission requires. (2A) In addition to the requirements of subsection (2), in the case of an application for a club venue operator's licence where the applicant holds a club liquor licence or a racing club licence, the application must also be accompanied by- (a) a copy of the club liquor licence, or the racing club licence (as the case may be) for the club; and (b) any further information that the Commission requires to be satisfied that the applicant is a club established for a community purpose. (2AB) In addition to the requirements of subsection (2), in the case of an application for a club venue operator's licence where the applicant does not hold a club liquor licence or a racing club licence, the application must also be accompanied by- (a) a copy of the constituting document of the club that is certified as true and correct by the authorising officer of the club with the provisions referred to in subsection (1A)(b) clearly marked; and (b) a statement of community purpose which sets out the purposes for which the club is established (if these purposes are not set out in the constituting document of the club); and (c) any further information that the Commission requires to be satisfied that the applicant is a club established for a community purpose. (3) Within 14 days after making an application, the applicant must cause to be published in a newspaper circulating generally in Victoria a notice containing- (a) the prescribed information; and (b) a statement that any person may object to the grant of the licence by giving notice in writing to the Commission within 28 days after the date of publication stating the grounds for the objection. (4) If a requirement made by this section is not complied with, the Commission may refuse to consider the application. Note Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for a venue operator's licence. Gambling Regulation Act 2003 - SECT 3.4.9. Gaming operator may be granted a hotel venue operator's licence 3.4.9. Gaming operator may be granted a hotel venue operator's licence (1) A gaming operator may be granted, and may hold, a hotel venue operator's licence. (2) However, a hotel venue operator's licence granted to a gaming operator does not take effect until- (a) in the case of a hotel venue operator's licence granted to a gaming operator that holds a gaming operator's licence-the day after the gaming operator's licence expires; (b) in the case of a hotel venue operator's licence granted to a gaming operator that holds a gaming licence-the day after the gaming licence expires. Gambling Regulation Act 2003 - SECT 3.4.10. Objections 3.4.10. Objections A person may object to the grant of a venue operator's licence, within the time specified in section 3.4.8(3)(b), on any of the following grounds- (a) that the applicant or an associate of the applicant is not of good repute having regard to character, honesty and integrity; (b) that the applicant or an associate of the applicant has a business association with a person, body or association who or which is not of good repute having regard to character, honesty and integrity; (c) that a director, partner, trustee, executive officer, secretary or any other officer or person associated or connected with the ownership, administration or management of the conduct of gaming or business of the applicant is not a suitable person to act in that capacity. Gambling Regulation Act 2003 - SECT 3.4.11. Matters to be considered in determining applications 3.4.11. Matters to be considered in determining applications (1) The Commission must not grant an application for a venue operator's licence unless satisfied that- (a) the grant of the licence does not conflict with a direction, if any, given under section 3.2.3; and (b) the applicant, and each associate of the applicant, is a suitable person to be concerned in or associated with the management and operation of an approved venue; and (ba) in the case of an application for a club venue operator's licence, the applicant is a club; and (c) in respect of each premises approved under Part 3 that the applicant seeks to manage and operate under the licence, the regional limit or municipal limit will not be exceeded by the grant of the application; and (d) if the applicant's premises are situated within 100 metres of an approved venue of which the applicant or an associate of the applicant is the venue operator, the management and operation of the approved venue and the applicant's premises where the proposed approved venue is to be situated are genuinely independent of each other; and (e) the self-exclusion program complies with- (i) any direction given under section 10.6.1; and (ii) the additional requirements set out in section 10.6.2; and (f) the Responsible Gambling Code of Conduct complies with- (i) any direction given under section 10.6.6; and (ii) the additional requirements set out in section 10.6.7. (2) In particular, the Commission must consider whether- (a) each applicant and associate of the applicant is of good repute, having regard to character, honesty and integrity; (b) the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure; (c) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; (d) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be 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. (3) The Commission must also consider every objection made in accordance with section 3.4.10. Gambling Regulation Act 2003 - SECT 3.4.12. Determination of applications and duration of licence 3.4.12. Determination of applications and duration of licence (1) The Commission 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 imposed by this Act and that the Commission thinks fit and must specify- (a) the premises, if any, approved under Part 3 that the licensee is authorised to manage and operate under the licence; and (ab) whether the licence is a club venue operator's licence or a hotel venue operator's licence; and (b) the number of gaming machines permitted in each of the premises; and (ba) in respect of each premises, details that identify each gaming machine entitlement held by the venue operator under which gaming may be conducted in those premises; and (c) the gaming machine areas approved for each of the premises; and (d) the self-exclusion program that will be conducted by the licensee; and (e) the Responsible Gambling Code of Conduct that will be implemented by the licensee. (3) If the Commission has approved, under Part 3, 24 hour gaming on the premises on any day, the Commission must specify that day in the venue operator's licence. (4) Without limiting the matters to which conditions may relate, the conditions of a licence may relate to any matter for which provision is made by this Act but must not be inconsistent with a provision of this Act. (4A) Without limiting the matters to which conditions may relate, the Commission may impose different conditions on a licence depending on whether the venue operator holds or does not hold gaming machine entitlements. (4B) The Commission must give written notice to the venue operator of the conditions to which the licence is subject. (5) If an application is granted, the licence is granted for a term of 10 years or any other term specified in the licence, subject to the conditions and for the venue specified in the licence. Gambling Regulation Act 2003 - SECT 3.4.12A. Self-exclusion program is a condition of licence 3.4.12A. Self-exclusion program is a condition of licence It is a condition of a venue operator's licence that the venue operator conduct a self-exclusion program that has been approved by the Commission. Gambling Regulation Act 2003 - SECT 3.4.12B. Responsible Gambling Code of Conduct is a condition of licence 3.4.12B. Responsible Gambling Code of Conduct is a condition of licence It is a condition of a venue operator's licence that the venue operator implement a Responsible Gambling Code of Conduct that has been approved by the Commission. Gambling Regulation Act 2003 - SECT 3.4.12C. Amendment of self-exclusion program or Responsible Gambling Code of Conduct 3.4.12C. Amendment of self-exclusion program or Responsible Gambling Code of Conduct (1) The Commission, by written notice, may require a venue operator to- (a) amend the operator's self-exclusion program or Responsible Gambling Code of Conduct (or both); and (b) submit the amended self-exclusion program or Responsible Gambling Code of Conduct to the Commission for approval- within the time specified by the Commission in the notice. (2) A venue operator must comply with a requirement made under subsection (1). Gambling Regulation Act 2003 - SECT 3.4.13. Register of venue operators and approved venues 3.4.13. Register of venue operators and approved venues (1) The Commission must establish and cause to be maintained a Register of Venue Operators and Approved Venues. (2) The Register must contain the following information in relation to every venue operator- (a) the name and address of the venue operator; (b) the name and address of every associate of the venue operator; (ba) details as to whether the venue operator is the holder of a club venue operator's licence or a hotel venue operator's licence; (c) the address of each approved venue; (d) the number of gaming machines permitted in each approved venue; (e) the name and address of the nominee, if any, at each approved venue; (f) the days (if any) on which 24 hour gaming is permitted at the approved venue; (g) details that identify each gaming machine entitlement (if any) held by the venue operator under which gaming is conducted in each approved venue. Gambling Regulation Act 2003 - SECT 3.4.14. Nominee of licensee 3.4.14. Nominee of licensee (1) Within 60 days, or the longer period allowed by the Commission, after a venue operator that is a body corporate is notified under section 3.4.12(1) that it has been granted a licence, the venue operator must- (a) nominate, for each approved venue, a natural person to be responsible as licensee on behalf of the venue operator; and (b) apply to the Commission for approval under this section of the person nominated. Penalty: 20 penalty units. Note Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for approval under this section. (2) Within 60 days, or the longer period allowed by the Commission, after the conditions of the licence of a venue operator that is a body corporate are amended by the addition of an approved venue under section 3.4.17(1)(a), the venue operator must- (a) nominate, for that approved venue, a natural person to be responsible as licensee on behalf of the venue operator; and (b) apply to the Commission for approval under this section of the person nominated. Penalty: 20 penalty units. (3) Within 60 days, or the longer period allowed by the Commission, after- (a) a venue operator is notified by the Commission of a refusal to approve a person nominated under this section; or (b) a person nominated by the venue operator and approved by the Commission resigns, is dismissed or ceases to manage or control the approved venue- the venue operator must nominate another natural person to be responsible as licensee on behalf of the venue operator and apply to the Commission for approval of the person nominated. Penalty: 20 penalty units. (4) A person nominated by a venue operator and approved by the Commission under this section is liable under this Act as licensee in respect of the approved venue for which he or she was nominated. (5) If a venue operator that is a body corporate does not have a person who has been approved by the Commission under this section managing or controlling an approved venue, the directors or members of the committee of management of the body corporate (as the case requires) are severally liable under this Act as licensee. (6) The Commission may refuse to approve a person nominated under this section unless satisfied that the person nominated, and each associate of the person, is a suitable person to be concerned in or associated with the management and operation of an approved venue. (7) In particular, the Commission must consider whether- (a) the person nominated and each associate of the person nominated is of good repute, having regard to character, honesty and integrity; (b) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources. (8) The Commission must determine an application by either approving or refusing to approve the person nominated and must notify the applicant in writing of its decision. (9) The nomination and approval by the Commission of a person under this section does not limit the liability of a venue operator under this Act whilst that person is a nominee. (10) A function of the Commission under this section may be performed by any commissioner. Gambling Regulation Act 2003 - SECT 3.4.15. Venue operator's licence is non-transferable 3.4.15. Venue operator's licence is non-transferable A venue operator's licence is not transferable to any other person or, subject to section 3.4.17, venue. Gambling Regulation Act 2003 - SECT 3.4.16. Renewal of venue operator's licence 3.4.16. Renewal of venue operator's licence (1) The holder of a venue operator's licence may, not earlier than 9 months before the expiration of the current licence, apply to the Commission for a new licence, in which case- (a) the current licence continues in force, unless sooner cancelled or surrendered, until the new licence is issued or its issue is refused; and (b) if issued, the new licence must be taken to have been granted on the day on which the current licence was due to expire and must be dated accordingly. (2) An application for a new licence must be made in or to the effect of a form approved by the Commission and must be accompanied by the prescribed fee. (3) This Act (except section 3.4.8(3)) applies to and in relation to- (a) an application under this section for a new licence; and (b) the determination of such an application; and (c) any licence issued as a result of such an application- as if the application has been made by a person other than a venue operator. Gambling Regulation Act 2003 - SECT 3.4.17. Amendment of conditions 3.4.17. Amendment of conditions (1) The conditions of a venue operator's licence, including- (a) the addition or removal of an approved venue; and (b) variation of the number of gaming machines permitted in an approved venue; and (c) variation of the gaming machine areas approved for an approved venue; and (d) variation of the days or dates on which 24 hour gaming is permitted in an approved venue under the licence- may be amended in accordance with this Division. (2) A venue operator's licence may be amended in accordance with this Division to add a condition specifying days or dates on which 24 hour gaming is permitted in an approved venue, when none currently takes place. (3) An amendment referred to in subsection (1)(d) or (2) may only be proposed for an approved venue- (a) in the Melbourne Statistical Division; and (b) in respect of which a pub licence or club licence authorises the supply of liquor at any time. (4) An amendment may be proposed- (a) by the venue operator by requesting the Commission in writing, in accordance with section 3.4.18, to make the amendment and giving reasons for the request; or (b) by the Commission by giving notice in writing of the proposed amendment and giving reasons to the venue operator. * * * * * (7) An amendment proposed by the Commission must be- (a) in the public interest; or (b) for the proper conduct of gaming; or (c) for the purpose of implementing a regional limit or municipal limit. Gambling Regulation Act 2003 - SECT 3.4.18. Proposal of amendment by venue operator 3.4.18. Proposal of amendment by venue operator (1) A request by a venue operator for an amendment of licence conditions- (a) must be in the form approved by the Commission; and (b) must be accompanied by the prescribed fee and any information the Commission requires; and (c) in the case of an amendment referred to in section 3.4.17(1)(d) or (2) or an amendment to increase the number of gaming machines permitted in an approved venue, must be accompanied by a submission- (i) on the net economic and social benefit that will accrue to the community of the municipal district in which the approved venue is located as a result of the proposed amendment; and (ii) taking into account the impact of the proposed amendment on surrounding municipal districts- in the form approved by the Commission and including the information specified in the form. (2) If an amendment proposed by a venue operator is to increase the number of gaming machines permitted in an approved venue, the venue operator must send to the municipal council of the municipal district in which the approved venue is located a copy of the proposed amendment within 14 days after the proposal is made. (3) Sections 10.4.5 and 10.4.6 apply to a request by the venue operator for an amendment as if the request were an application for a venue operator's licence. Gambling Regulation Act 2003 - SECT 3.4.19. Submissions on proposed amendments 3.4.19. Submissions on proposed amendments (1) Within 60 days (or the longer time allowed by the Commission) after receiving a copy of a request for an amendment referred to in section 3.4.18(2), a council may make a submission to the Commission- (a) addressing the economic and social impact of the proposed amendment on the well-being of the community of the municipal district in which the approved venue is located; and (b) taking into account the impact of the proposed amendment on surrounding municipal districts. (2) A submission under subsection (1) must be in the form approved by the Commission and must include the information specified in the form. (3) The Commission must give the venue operator at least 28 days to make any other submissions to the Commission concerning any proposed amendment (whether proposed by the Commission or the venue operator) and must consider the submissions made. (4) The venue operator may waive the right under subsection (3) to make submissions concerning a proposed amendment by giving notice in writing signed by the venue operator to the Commission. (5) The Commission must consider any submissions made in accordance with this section. Gambling Regulation Act 2003 - SECT 3.4.20. Consideration and making of amendment 3.4.20. Consideration and making of amendment (1) Without limiting the matters which the Commission may consider in deciding whether to make a proposed amendment, the Commission must not amend a venue operator's licence unless- (a) the Commission is satisfied that the amendment of the licence does not conflict with a direction, if any, given under section 3.2.3; and (b) if the proposed amendment will result in an increase in the number of gaming machines permitted in an approved venue, the Commission is satisfied that the regional limit or municipal limit for gaming machines for the region or municipal district in which the approved venue is located will not be exceeded by the making of the amendment; and (c) if the proposed amendment will result in an increase in the number of gaming machines permitted in an approved venue, the Commission is satisfied that the net economic and social impact of the amendment will not be detrimental to the well-being of the community of the municipal district in which the approved venue is located; and (d) if premises are proposed to be added to the licence as an approved venue and the premises are situated within 100 metres of an approved venue of which the applicant for the amendment, or an associate of the applicant, is the venue operator, the Commission is satisfied that the management and operation of the approved venue and the proposed approved venue are genuinely independent of each other. (2) The Commission must decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the venue operator of its decision. (3) An amendment may be made subject to any conditions that the Commission thinks fit. (3A) Despite subsection (1)(a) and (b), the Commission may make an amendment before being satisfied of the matters referred to in those paragraphs on condition that the amendment does not take effect until the Commission is satisfied as required by those paragraphs. (3B) If the Commission makes an amendment referred to in section 3.4.17(1)(d) or (2), the Commission must cause notice of the amendment to be published in the Government Gazette. (4) An amendment takes effect when notice of the Commission's decision is given to the venue operator or at any later time that may be specified in the notice. Gambling Regulation Act 2003 - SECT 3.4.21. Tribunal review of amendment increasing number of gaming machines 3.4.21. Tribunal review of amendment increasing number of gaming machines (1) A venue operator who requested an amendment referred to in section 3.4.18(2) may apply to the Tribunal for review of a decision of the Commission on the proposed amendment. (2) A council that made a submission under section 3.4.19 on a proposed amendment referred to in section 3.4.18(2) may apply to the Tribunal for review of a decision of the Commission granting the proposed amendment. (3) An application for review must be made within 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 venue operator or council requests a statement of reasons for the decision, the day on which the statement of reasons is given to the venue operator or council or the venue operator or council is informed under section 46(5) of that Act that a statement of reasons will not be given. Gambling Regulation Act 2003 - SECT 3.4.22. Notification of certain applications concerning liquor licence 3.4.22. Notification of certain applications concerning liquor licence (1) The venue operator or applicant for a venue operator's licence must give notice in writing to the Commission if any of the following occurs- (a) an application is made under Division 4 of Part 2 of the Liquor Control Reform Act 1998 for the grant, variation, transfer or relocation of a licence or BYO permit under that Act in respect of an approved venue; (b) an application is made under section 63 of the Liquor Control Reform Act 1998 for the surrender of a licence or BYO permit in respect of an approved venue; (c) an application is made under section 64 of the Liquor Control Reform Act 1998 for the release of a licensee or permittee from their obligations under that Act in respect of licensed premises that are an approved venue; (d) a partner's name is removed from a licence or BYO permit under section 65 of the Liquor Control Reform Act 1998 in respect of licensed premises that are an approved venue; (e) an application is made for an inquiry under Division 1 of Part 6 of the Liquor Control Reform Act 1998 in respect of a licensee or permittee of licensed premises that are an approved venue; (f) an application for cancellation or suspension of a licence or BYO permit is made under Division 2 of Part 6 of the Liquor Control Reform Act 1998 in respect of licensed premises that are an approved venue; (g) an application is made under section 104 of the Liquor Control Reform Act 1998 for approval of a person as a director of a licensee or permittee of premises that are an approved venue. (2) If a licence under the Liquor Control Reform Act 1998 in respect of an approved venue is cancelled, transferred, relocated, surrendered or released, the venue operator's licence is immediately amended to remove the premises that were the approved venue. Gambling Regulation Act 2003 - SECT 3.4.23. Notification of certain changes 3.4.23. Notification of certain changes (1) A venue operator must give notice in writing to the Commission if any of the following occurs- (a) in the case of a venue operator that is an incorporated association- (i) the passing of a special resolution by the incorporated association to amalgamate with another incorporated association; (ii) the passing of a special resolution by an incorporated association to convert itself into a company under the Corporations Act; (b) in the case of a venue operator that is an unincorporated body, the passing of a resolution by the body to authorise the body to become a body corporate; (c) if the venue operator is one of 2 or more clubs applying for an amalgamated club licence under section 67(1) of the Liquor Control Reform Act 1998, the making of that application. (2) A person who has made an application under section 80 or 90 of the Liquor Control Reform Act 1998 in respect of licensed premises that are an approved venue must notify the Commission of the application. Gambling Regulation Act 2003 - SECT 3.4.24. Endorsement of licence and Register 3.4.24. Endorsement of licence and Register (1) The Commission may endorse a venue operator's licence to do one or both of the following- (a) to amend the name and address of the venue operator; (b) to include premises as an approved venue. (2) The Commission may endorse a venue operator's licence with the change of the name of the venue operator to the name of any of the persons referred to in subsection (3)(a) or a person nominated by a person referred to in subsection (3)(a). (3) The Commission must not endorse a licence under this section unless the Commission is satisfied that- (a) the endorsement is made at the request of, or with the approval of, one of the following- (i) the licensee; * * * * * (iii) the legal personal representative of the licensee; (iv) if the licensee has become a represented person under the Guardianship and Administration Act 1986, the guardian or administrator appointed in respect of the licensee; (v) the official receiver, trustee or assignee of a licensee who becomes insolvent under administration; (vi) a person who is administering a licensee that is an externally-administered body corporate; (vii) a person whose name has been or will be endorsed on the licence under Part 4 or Part 6 of the Liquor Control Reform Act 1998 in respect of licensed premises that are an approved venue in a licence under this Act; (viii) an incorporated association formed on the amalgamation of one or more incorporated associations, one of which was the licensee; and (b) any person who, as a result of the endorsement, will be or become an associate of the person endorsed on the licence is at the time of endorsement approved by the Commission as an associate under a gaming Act; (c) having regard to the purpose of this Act, the endorsement of the licence would not be contrary to the public interest; (d) the endorsement is necessary to provide for continuity of the licence in circumstances other than where the licence has expired by effluxion of time. (4) An endorsement of a licence takes effect on and from- (a) the date of the decision of the Commission to endorse the licence; or (b) any later date- (i) that is specified by the Commission; or (ii) that is the date when all of the conditions specified by the Commission as a pre-requisite to the endorsement taking effect have been satisfied. (5) A person who is endorsed as the venue operator under this section is to be taken to be the venue operator on and from the date the endorsement takes effect. (6) If a licence is endorsed to include premises as an approved venue the licence is to be taken to include those premises as an approved venue on and from the date the endorsement takes effect. (7) The Commission may endorse a licence subject to any conditions imposed by the Commission. (8) If the Commission endorses a licence under this section, it must make a corresponding endorsement in any relevant entry in the Register. (9) A function of the Commission under this section may be performed by any commissioner. Gambling Regulation Act 2003 - SECT 3.4.25. Disciplinary action against venue operator 3.4.25. Disciplinary action against venue operator (1) In this section- disciplinary action, against a venue operator, means any of the following- (a) the cancellation or suspension of the venue operator's licence; (b) the variation of the conditions of the venue operator's licence; (c) the issuing of a letter of censure to the venue operator; (d) the imposition of a fine not exceeding an amount that is 500 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 on the venue operator; grounds for disciplinary action, in relation to a venue operator, means any of the following- (a) that the venue operator's licence was improperly obtained in that, at the time the licence was granted, there were grounds for refusing it; (b) that the venue operator has failed to provide information that the operator is required by this Act to provide or has provided information knowing it to be false or misleading; (c) that there have been repeated breaches in the approved venue of rules made by the Commission under section 3.5.23; (ca) that there has been a contravention of section 3.2A.2, 3.2A.4, 3.2A.5 or 3.2A.6; (d) that the venue operator has contravened this Act and in the Commission's view the contravention is so serious as to warrant disciplinary action; (e) that- (i) the venue operator; or (ii) if the venue operator is a body corporate, an officer, director or nominee of the venue operator; or (iii) if the venue operator is the managing committee for the time being of a club, a member of that committee- has been convicted or found guilty of a relevant offence; (f) that the venue operator is, having regard to the matters set out in section 3.4.11(2), considered to be no longer a suitable person to hold the licence; (g) that there have been repeated breaches by the venue operator of the operator's self-exclusion program; (h) that there have been repeated breaches by the venue operator of the operator's Responsible Gambling Code of Conduct; relevant offence means- (a) an offence against a gaming Act or gaming regulations; or (b) an offence arising out of or in connection with the management or operation of an approved venue; or (c) an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence, the nature or circumstances of which, in the opinion of the Commission, relate to an approved venue of the venue operator. (2) The Commission may serve on a venue operator a notice in writing giving the venue operator an opportunity to show cause within 28 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice. (3) The venue operator, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions so made. (4) The Commission may then take disciplinary action against the venue operator as the Commission sees fit and does so by giving written notice of the disciplinary action to the venue operator. (5) If the disciplinary action is the cancellation, suspension or variation of the terms of the venue operator's licence, it takes effect when the notice under subsection (4) is given or at a later time specified in the notice. (6) If the disciplinary action is the imposition of a fine, the fine may be recovered as a debt due to the State. (7) This section does not apply to a venue operator who is a casino operator. Gambling Regulation Act 2003 - SECT 3.4.26. Letter of censure 3.4.26. Letter of censure (1) Disciplinary action taken by the Commission under section 3.4.25(4) in the form of a letter of censure may censure the venue operator in respect of any matter connected with the operation of the approved venue and may include a direction to the venue operator to rectify within a specified time any matter giving rise to the censure. (2) If a direction given in a letter of censure is not complied within the specified time, the Commission, by giving written notice to the venue operator, may do either or both of the following without giving the venue operator a further opportunity to be heard- (a) take a licence disciplinary action; (b) fine the venue operator an amount not exceeding an amount that is 500 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004. (3) In subsection (2), licence disciplinary action means cancel or suspend, or vary the conditions of, the venue operator's licence. Gambling Regulation Act 2003 - SECT 3.4.27. Suspension of venue operator's licence pending criminal proceedings 3.4.27. Suspension of venue operator's licence pending criminal proceedings (1) The Commission may suspend a venue operator's licence by notice in writing given to the venue operator if the Commission is satisfied that- (a) the venue operator; or (b) if the venue operator is a body corporate, an officer, director or nominee of the venue operator; or (c) if the venue operator is the managing committee for the time being of a club, a member of that committee- has been charged with a relevant offence (within the meaning of section 3.4.25). (2) The Commission may, at any time, terminate or reduce a period of suspension imposed under subsection (1). (3) A venue operator's licence is of no effect for the purposes of section 3.2.1 while it is suspended but the suspension does not affect its operation for any other purposes. (4) This section does not apply to a venue operator who is a casino operator. Gambling Regulation Act 2003 - SECT 3.4.27A. No authority to conduct gaming if venue operator's licence suspended or cancelled 3.4.27A. No authority to conduct gaming if venue operator's licence suspended or cancelled (1) This section applies if a venue operator's licence is suspended or cancelled by the Commission under section 3.4.25(4) or 3.4.26(2). (2) A gaming machine entitlement held by the venue operator does not authorise the conduct of gaming- (a) while the venue operator's licence is suspended; or (b) after the venue operator's licence has been cancelled. (3) To avoid doubt, a venue operator may, while its venue operator's licence is suspended- (a) possess gaming equipment; and (b) sell or dispose of gaming equipment with the approval of the Commission; and (c) transfer gaming machine entitlements. Gambling Regulation Act 2003 - SECT 3.4.28. Provisional venue operator's licence 3.4.28. Provisional venue operator's licence (1) The Commission may grant a provisional venue operator's licence to a person. (2) A provisional licence expires at the end of 90 days after its grant but may be renewed for a further period or successive periods of 90 days. (3) A provisional licence may only be granted under subsection (1) to enable an application for a venue operator's licence to be made. (4) A function of the Commission under this section may be performed by any commissioner. Division 2A-Venue operators and venue agreements Gambling Regulation Act 2003 - SECT 3.4.28AA. Application of Division 3.4.28AA. Application of Division This Division does not apply to a venue operator who is a casino operator. Gambling Regulation Act 2003 - SECT 3.4.28A. Definitions 3.4.28A. Definitions In this Division- prohibited venue agreement means an agreement, arrangement or understanding entered into by a venue operator and another person under which the venue operator provides, as consideration, an amount (however described) calculated by reference to gaming machine revenue earned by the venue operator; reviewable venue agreement means any of the following agreements, as amended from time to time- (a) a lease of property that is used as an approved venue or an agreement under which a licence is granted to use a property that is an approved venue; (b) an agreement for the acquisition of a gaming machine entitlement or a gaming machine by a venue operator under which the entitlement or gaming machine is partly or fully paid for by another person; (c) an agreement relating to the management or operation of an approved venue, including an agreement under which services are provided, or that relates to the provision of services, to assist in the management of an entitlement holder's gaming machine business; (d) an agreement declared to be a reviewable venue agreement under section 3.4.28B. Gambling Regulation Act 2003 - SECT 3.4.28B. Commission may declare certain agreements to be reviewable venue agreements 3.4.28B. Commission may declare certain agreements to be reviewable venue agreements (1) The Commission, by written determination, may declare an agreement to which a venue operator is a party (other than an agreement referred to in paragraphs (a) to (c) of the definition of reviewable venue agreement) to be a reviewable venue agreement. (2) A determination under subsection (1) must be published on the Commission's website. Gambling Regulation Act 2003 - SECT 3.4.28C. Entering into prohibited venue agreement prohibited 3.4.28C. Entering into prohibited venue agreement prohibited (1) This section applies on and after a gaming machine entitlement declared day that applies to a gaming machine entitlement held by a venue operator. (2) The venue operator must not enter into, or be a party to, a prohibited venue agreement. Gambling Regulation Act 2003 - SECT 3.4.28D. Prohibited venue agreements are void 3.4.28D. Prohibited venue agreements are void (1) This section applies on and after a gaming machine entitlement declared day that applies to a gaming machine entitlement held by a venue operator. (2) A prohibited venue agreement to which the venue operator is a party is void. Gambling Regulation Act 2003 - SECT 3.4.28E. Commission may issue written notice directing venue operators to give it copies of reviewable venue agreements 3.4.28E. Commission may issue written notice directing venue operators to give it copies of reviewable venue agreements (1) The Commission, by written notice, may direct a venue operator, or a venue operator who is a member of class of venue operator, specified in the notice, to give to the Commission a copy of- (a) every reviewable venue agreement to which the venue operator is a party; or (b) every reviewable venue agreement of a particular kind specified in the notice to which the venue operator is a party. (2) A venue operator must comply with a notice under subsection (1) within 28 days after receiving the notice. Gambling Regulation Act 2003 - SECT 3.4.28F. No compensation payable 3.4.28F. No compensation payable No compensation is payable by the State to any person because of the operation of this Division. Division 3-Gaming operator's licence Gambling Regulation Act 2003 - SECT 3.4.29. Gaming operator's licence 3.4.29. Gaming operator's licence The Commission, on application by the Trustees or any other person, may grant a gaming operator's licence to the Trustees or other person. Note Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for a gaming operator's licence. Gambling Regulation Act 2003 - SECT 3.4.30. Premium payment 3.4.30. Premium payment (1) Before a licence is granted under section 3.4.29, the applicant must pay to the Treasurer as consideration for the grant of the licence the amount determined by the Treasurer as the premium payment. (2) The premium payment is a tax. Gambling Regulation Act 2003 - SECT 3.4.31. Matters to be considered in determining grant of licence 3.4.31. Matters to be considered in determining grant of licence (1) The Commission must not grant a gaming operator's licence unless satisfied that the proposed licensee, and each associate of the proposed licensee, is a suitable person to be concerned in or associated with a business of obtaining, installing, maintaining, repairing and monitoring gaming machines. (2) In particular, the Commission must consider whether- (a) each proposed licensee and associate of the proposed licensee is of good repute, having regard to character, honesty and integrity; (b) each person is of sound and stable financial background; (c) in the case of a proposed licensee that is not a natural person, the proposed licensee has, or has arranged, a satisfactory ownership, trust or corporate structure; (d) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; (e) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the proposed licensee is a suitable person to act in that capacity; (f) the proposed licensee has, or is able to obtain, financial resources that are adequate to ensure the proposed licensee's financial viability as a gaming operator; (g) the proposed licensee has sufficient business ability to establish and maintain a business of successful gaming operator. (3) Also, the Commission must be satisfied that the proposed licensee will have in place an adequate electronic monitoring system for detecting significant events associated with each gaming machine, including a system for continuous on-line real time recording, monitoring and control of significant game play transactions. (4) For the purposes of subsection (3), significant game play transactions are as prescribed. (5) Section 3.4.12 (except subsection (5)) applies, with any necessary modification, to the grant of a gaming operator's licence. Gambling Regulation Act 2003 - SECT 3.4.31A. Pre-commitment mechanisms required for prescribed gaming machines-1 December 2010 to 30 November 2015 3.4.31A. Pre-commitment mechanisms required for prescribed gaming machines-1 December 2010 to 30 November 2015 On and after 1 December 2010 and until 30 November 2015, a gaming operator or a venue operator must not allow a game to be played on a prescribed gaming machine that does not have a pre-commitment mechanism that applies to that machine. Penalty: 120 penalty units. Gambling Regulation Act 2003 - SECT 3.4.31B. Pre-commitment mechanisms required for gaming machines-from 1 December 2015 3.4.31B. Pre-commitment mechanisms required for gaming machines-from 1 December 2015 On and after 1 December 2015, a venue operator must not allow a game to be played on a gaming machine that does not have a pre-commitment mechanism that applies to that machine. Penalty: 120 penalty units. Gambling Regulation Act 2003 - SECT 3.4.32. Duration of licence 3.4.32. Duration of licence (1) A gaming operator's licence is granted for the term specified by the Minister. (2) If invited by the Minister to do so, the holder of a gaming operator's licence may apply to the Minister, before the licence expires, for a licence extension. (3) On application under subsection (2), the Minister may extend the term of the gaming operator's licence only so that the licence expires on 15 August 2012. (4) The term of a gaming operator's licence may be extended only once. (5) Before the term of a gaming operator's licence is extended under this section, the holder of the licence must pay to the Treasurer as consideration for the licence extension, one or more amounts determined by the Treasurer as the premium payment for the licence extension. (6) The premium payment referred to in subsection (5) is a tax. Gambling Regulation Act 2003 - SECT 3.4.33. Entitlement of former licensee on grant of new licence 3.4.33. Entitlement of former licensee on grant of new licence (1) If- (a) a gaming operator's licence held by a person (the former licensee) expires; and (b) the Commission grants a gaming operator's licence to a person other than the former licensee, or a related entity of the former licensee, being a licence that commences within 6 months after that expiry; and (c) the Commission does not grant a gaming operator's licence before the expiration of that period to the former licensee or a related entity of the former licensee- the former licensee is entitled to be paid an amount equal to the licence value of the licence held by the former licensee or the premium payment paid by the holder of the licence referred to in paragraph (b), whichever is the lesser. (2) The payment under subsection (1) must be made not later than 30 days after the commencement of the new licence and the Consolidated Fund is appropriated to the necessary extent for the payment to be made. (3) In this section, licence value, in relation to the gaming operator's licence held by the former licensee, means the amount determined in accordance with the formula- $520 000 000 ´ A where- (a) A is the amount calculated in accordance with the formula- where- B is the aggregate sum of the actual daily net cash balance (within the meaning of section 3.6.2) of gaming machines of the former licensee for each day from and including 1 January 1995 to and including the last day of the period of the former licence- but- (b) if the amount so calculated is less than 0×25, A is 0×10; (c) if the amount so calculated is more than 0×25 and less than 0×45, A is 0×45; (d) if the amount so calculated is more than 0×45 but less than 0×85, A is 0×85; (e) if the amount so calculated is more than 1×15, A is 1×15. Gambling Regulation Act 2003 - SECT 3.4.34. Amendment of conditions 3.4.34. Amendment of conditions The conditions of a gaming operator's licence (other than the term) may be amended by the Governor in Council with the consent of the gaming operator. Gambling Regulation Act 2003 - SECT 3.4.35. Gaming operator's licence is non-transferable 3.4.35. Gaming operator's licence is non-transferable A gaming operator's licence is not transferable to any other person. Gambling Regulation Act 2003 - SECT 3.4.36. Disciplinary action 3.4.36. Disciplinary action (1) In this section- disciplinary action, against the holder of a gaming operator's licence, means- (a) the reprimanding of the licence holder; or (b) the imposition of a fine not exceeding an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 on the licence holder; grounds for disciplinary action, in relation to the holder of a gaming operator's licence, means that the holder of the licence has committed a breach- (a) of a condition of the licence; or (b) of a gaming Act or gaming regulations. (2) The Commission may serve on the holder of a gaming operator's licence a notice in writing giving the licence holder an opportunity to show cause within 28 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice. (3) The licence holder, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions so made. (4) The Commission may then take disciplinary action against the licence holder as the Commission sees fit and does so by giving written notice of the disciplinary action to the licence holder. (5) If the disciplinary action is the imposition of a fine, the fine may be recovered as a debt due to the State. Gambling Regulation Act 2003 - SECT 3.4.37. Cancellation of gaming operator's licence 3.4.37. Cancellation of gaming operator's licence (1) The Commission, with the consent of the Minister, may apply to the Supreme Court for cancellation of a gaming operator's licence. (2) On an application under subsection (1), the Supreme Court may cancel the licence if it is satisfied- (a) that the licence holder or the operator- (i) has committed a material breach of a term or condition of the licence or of a gaming Act or gaming regulations; or (ii) has persistently committed breaches of terms or conditions of a gaming operator's licence or of a gaming Act or gaming regulations- and that disciplinary action under section 3.4.36 is not, in all the circumstances, a sufficient sanction; or (b) if the licence holder is a natural person, that the licence holder is an insolvent under administration; or (c) if the licence holder is not a natural person, that- (i) on an application under section 459P of the Corporations Act, the Court would be required under section 459C(2) of that Act to presume that the licence holder is insolvent; or (ii) the licence holder is an externally-administered body corporate; or (iii) the licence holder is not a Victorian company; or (d) that the licence holder or the operator has been convicted of an offence which is of sufficient magnitude to warrant cancellation of the licence; or (e) if the licence holder is not a body corporate, that the licence holder does not have a principal place of business in Victoria; or (f) that the licence holder is not carrying on a significant gaming business in Victoria; or (g) that the licence holder or the operator is involved in a scheme or arrangement the purpose, or one of the purposes, of which is the avoidance of tax under Part 6. Division 3A-Regulation of shareholding interests of gaming operator Gambling Regulation Act 2003 - SECT 3.4.37A. Definitions 3.4.37A. Definitions (1) In this Division- licensee means the holder of a gaming operator's licence; officer, in relation to the licensee, has the same meaning as in section 9 of the Corporations Act; Tattersall's means Tattersall's Limited ACN 108 686 040; voting share in relation to the licensee, has the same meaning as in section 9 of the Corporations Act. (2) For the purposes of this Division, a person is an associate of another- (a) if the person would be an associate of the other as provided in Division 2 of Part 1.2 of the Corporations Act if sections 12(1)(a), 12(3), 13, 16(2) and 17 of that Act were repealed; or (b) if the Minister- (i) is of the opinion that the person and the other are likely to act in concert with a view to taking control of, or exercising significant influence over, the licensee against the public interest; and (ii) by notice in writing served on the licensee, declares that the person is an associate of the other. (3) Where notice of a declaration under subsection (2)(b) is served on the licensee, the Minister must, at the same time or as soon as practicable thereafter, cause written notice of the declaration to be served on the persons to whom the declaration relates. (4) For the purposes of this Division, a person has a relevant interest in a share if, and only if, the person would be taken to have a relevant interest in the share because of sections 608 and 609 of the Corporations Act. (5) For the purposes of this Division, the voting power a person, being the licensee or any other person, has in the licensee is the person's voting power determined in accordance with section 610 of the Corporations Act as if a reference in that section of that Act to a relevant interest were a reference to a relevant interest to which subsection (4) applies. (6) A reference in this Division to the Corporations Act is a reference to that Act as it would apply if references in that Act to a body corporate, corporation or company included references to- (a) a body corporate of any kind wherever formed or incorporated and whether formed or incorporated under that Act or any other law; and (b) any unincorporated body, being a society, association, company of proprietors or other body, wherever formed, that, under the law of its place of formation, may sue or be sued, or may hold property in the name of the secretary or some other officer of the society, association or body, or in the name of any trustee or trustees; and (c) any unincorporated body, being a society, association, company of proprietors or other body or undertaking to which is applied, under the laws of the place of its formation, with or without exceptions, a law in force in that place relating to companies or corporations as if it were a company or corporation within the meaning of that Act. (7) The regulations may provide that relevant interests, or particular classes of relevant interests, in shares, or in particular classes of shares, are, in such circumstances and subject to such conditions (if any) as are specified in the regulations, to be disregarded for such purposes as are specified in the regulations. (8) If a whole or a portion of the share capital of the licensee consists of stock, a reference in this Part to a number of shares in the licensee as a percentage is, in relation to an amount of stock, a reference to the amount of stock that represents that number of shares. Gambling Regulation Act 2003 - SECT 3.4.37B. Application of Division 3.4.37B. Application of Division (1) This Division applies in relation to the licensee only so long as the licensee holds the gaming operator's licence. (2) This Division applies in relation to any transaction, agreement, arrangement, understanding or undertaking- (a) whether the transaction, agreement, arrangement, understanding or undertaking is entered into, or made, in this State or elsewhere; and (b) whether the shares (if any) to which the transaction, agreement, arrangement, understanding or undertaking relates are registered in this State or elsewhere; and (c) whether the proper law of the transaction, agreement, arrangement, understanding or undertaking is the law of this State or not. Gambling Regulation Act 2003 - SECT 3.4.37C. Prohibited shareholding interest 3.4.37C. Prohibited shareholding interest (1) A person has a prohibited shareholding interest in the licensee if the person has a voting power of more than 10% in the licensee. (2) For the purposes of this Division, the licensee or a subsidiary of the licensee cannot have a prohibited shareholding interest in the licensee. (3) It is unlawful for a person to have a prohibited shareholding interest in the licensee. (4) Despite anything to the contrary in subsection (1), a person does not have a prohibited shareholding interest in Tattersall's by reason of having a voting power of more than 10% in Tattersall's if- (a) a higher percentage of voting power accrued to that person immediately on the transfer of the gaming operator's licence to Tattersall's in accordance with section 12.3.2 and was proportionate to the interest of that person as a beneficiary in the estate of the late George Adams immediately before the transfer; and (b) the person does not have a voting power in Tattersall's of a higher percentage than the person had immediately on the transfer. (5) Despite anything to the contrary in subsection (1), a trustee of the will and estate of the late George Adams does not have a prohibited shareholding interest in Tattersall's by reason of having a voting power of more than 10% in Tattersall's at any time during the period of 7 days after the transfer of the gaming operator's licence to Tattersall's in accordance with section 12.3.2 or any longer period specified by the Minister in writing to the trustee during that period of 7 days. (6) Despite anything to the contrary in subsection (1), Tattersall's SPV Limited ACN 110 477 471 does not have a prohibited shareholding interest in Tattersall's by reason of having a voting power of more than 10% in Tattersall's at any time during the period of 90 days after the transfer of the gaming operator's licence to Tattersall's in accordance with section 12.3.2 or any longer period specified by the Minister in writing to that company during that period of 90 days. Gambling Regulation Act 2003 - SECT 3.4.37D. Power to require information relating to entitlement to shares in licensee 3.4.37D. Power to require information relating to entitlement to shares in licensee (1) The Minister, or a director or the secretary of the licensee, may, by notice in writing served on a person who has, or is suspected by the Minister, director or secretary (as the case may be) of having, a relevant interest in shares in the licensee, require the person to furnish information specified in the notice for the purpose of determining whether that person or any other person has, or is taking action to acquire, a prohibited shareholding interest in the licensee. (2) Without limiting subsection (1), the Minister may, by notice in writing served on a person who claims not to have a prohibited shareholding interest in Tattersall's because of section 3.4.37C(4), require the person to furnish information specified in the notice for the purpose of determining the extent of the interest of that person as a beneficiary in the estate of the late George Adams and the percentage of voting power that accrued to that person immediately on the transfer of the gaming operator's licence to Tattersall's in accordance with section 12.3.2. (3) A notice under subsection (1) or (2) may require the person on whom the notice is served, or, if that person is a corporation, 2 directors of the corporation, to verify by statutory declaration any information furnished in compliance with the notice. (4) If- (a) a person on whom a notice under subsection (1) or (2) has been served fails to furnish, within the time allowed in the notice, the information required by the notice, verified as required by the notice; or (b) information furnished by the person in response to the notice is, in the opinion of the Minister, by reason of anything included in it or omitted from it, false or misleading in a material particular- the Minister may, by reason only of that fact, by notice in writing served on the licensee, do one or more of the following- (c) declare that the person is an associate of another, or that another is an associate of that person; (d) declare that the person, or another to whom a declaration under paragraph (c) relates, has a relevant interest in specified shares in the licensee; (e) declare that the voting rights attaching to the shares to which a declaration under paragraph (d) relates are suspended; (f) declare that the person, or another to whom a declaration under paragraph (c) relates, has a prohibited shareholding interest in the licensee. (5) If notice of a declaration under subsection (4) is served on the licensee, the Minister must, at the same time or as soon as practicable thereafter, cause written notice of the declaration to be served- (a) on the person to whom the declaration relates; and (b) in the case of a declaration under paragraph (e) of that subsection-on the holder of the shares to which the declaration relates. (6) Subsection (4)(e) is declared to be a Corporations legislation displacement provision for the purposes of section 5G of the Corporations Act in relation to the provisions of Part 2G.2 of that Act. Note Section 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency. Gambling Regulation Act 2003 - SECT 3.4.37E. Disposal, forfeiture etc. of shares where prohibited shareholding interest 3.4.37E. Disposal, forfeiture etc. of shares where prohibited shareholding interest (1) If the Minister- (a) makes a declaration under section 3.4.37D(4); or (b) forms the opinion and, by notice in writing served on the licensee, declares under this subsection- that a person (the offender) has a prohibited shareholding interest in the licensee, the Minister may, by notice in writing served- (c) if the offender holds voting shares in the licensee in which the offender has a relevant interest-on the offender; or (d) on any other person who holds voting shares in the licensee in which the offender has a relevant interest- declare that the offender or that other person must dispose of the relevant number of those shares, or a specified number of those shares not exceeding the relevant number, otherwise than to an associate of the offender within a period specified in the notice, being not less than 3 months after service of the notice. (2) For the purposes of subsection (1), the relevant number of shares that a person may be required by a notice under that subsection to dispose of otherwise than to an associate of the offender is- (a) subject to paragraph (b), the number of shares held by the person that would need to be so disposed of in order to cause the offender to cease to have a prohibited shareholding interest in the licensee; or (b) if, after all the shares in the licensee held by the person to which the offender is entitled were so disposed of, the offender would continue to have a prohibited shareholding interest in the licensee-the total number of those shares. (3) For the purposes of this section, a person is not to be taken to have disposed of shares in the licensee in which an offender has a relevant interest unless and until the person ceases to hold the shares and the offender ceases to have a relevant interest in them. (4) If a person served with a notice of a declaration under subsection (1) requiring the person to dispose of shares in the licensee fails to comply with the notice within the period specified in the notice, the shares to which the notice relates are, by force of this subsection, forfeited to the State. (5) If a transaction is entered into with respect to any shares in the licensee and- (a) a person who did not, before the transaction is entered into, have a prohibited shareholding interest in the licensee would, but for this subsection, have such an interest after the transaction; or (b) a person who, before the transaction is entered into, had a prohibited shareholding interest in the licensee would, after the transaction (but for this subsection) have a relevant interest in a greater number of voting shares in the licensee than the person had immediately before the transaction- the transaction is illegal and void. (6) If voting shares in the licensee have been transferred as a result of a transaction that is illegal and void by virtue of subsection (5), the Minister may, by notice in writing served on the transferee, declare that the shares are forfeited to the State. (7) The Minister must cause written notice of- (a) a declaration under subsection (1) requiring a person to dispose of shares in the licensee; or (b) a declaration under subsection (6) that shares in the licensee are forfeited to the State- to be served on the licensee. (8) A director or the secretary of the licensee may, before a transfer of shares in the licensee is registered, require the transferee, or, if the transferee is a corporation, 2 directors of the transferee corporation, to make a statutory declaration to the effect that the transaction to which the transfer relates was not a transaction to which subsection (5) applies. (9) If a requirement under subsection (8) is not complied with, the licensee may refuse to register the transfer in relation to which the requirement was made. Gambling Regulation Act 2003 - SECT 3.4.37F. Voting rights in respect of certain shares 3.4.37F. Voting rights in respect of certain shares (1) This section applies to all voting shares in the licensee in which any person who has a prohibited shareholding interest in the licensee has a relevant interest. (2) The aggregate voting rights to be attached to the shares to which this section applies are, in lieu of the voting rights that would, but for this subsection, be so attached, the voting rights (the relevant voting rights) that would be so attached if those shares constituted 10% of the total number of voting shares in the licensee. (3) Each person who holds any of the shares to which this section applies is entitled to such proportion of the relevant voting rights (if any) as the number of those shares held by the person bears to the total number of those shares. (4) If written notice is served on the licensee of a declaration of the Minister under this Division- (a) that a person is an associate of another; or (b) that a person has a prohibited shareholding interest in shares in the licensee- the declaration is binding and has effect for the purposes of the application of this section in relation to any general meeting of the licensee held after receipt by the licensee of the notice. (5) The provisions of subsections (1), (2), (3) and (4) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Part 2G.2 of that Act. Note Section 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency. Gambling Regulation Act 2003 - SECT 3.4.37G. Annulment of certain resolutions of the licensee 3.4.37G. Annulment of certain resolutions of the licensee (1) If the Minister is of the opinion that a resolution of a general meeting of the licensee has been passed as a result of the admission of votes that should not, by virtue of a declaration of the Minister under section 3.4.37D(4) or by virtue of section 3.4.37F, have been admitted, the Minister may, by notice in writing served on the licensee, declare the resolution to have been (at all times) null and void. (2) If notice of a declaration under subsection (1) is served on the licensee, the Minister must, at the same time or as soon as practicable thereafter, cause written notice of the declaration to be served on each person whose votes should not, in the opinion of the Minister, have been admitted. (3) A notice under subsection (1) does not have any effect unless it is served on the licensee within one month after the date of the resolution to which it relates. (4) The provisions of subsections (1), (2) and (3) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the provisions of Part 2G.2 of that Act. Note Section 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency. Gambling Regulation Act 2003 - SECT 3.4.37H. Making, review and revocation of declarations by Minister 3.4.37H. Making, review and revocation of declarations by Minister (1) A declaration may be made by the Minister under this Division on the basis of such information as the Minister considers sufficient in the circumstances. (2) A declaration of the Minister under this Division other than- (a) a declaration under section 3.4.37E(1) requiring a person to dispose of shares in the licensee; or (b) a declaration under section 3.4.37E(6) that shares in the licensee are forfeited to the State- is effective when written notice of the declaration is served on the licensee irrespective of when or whether service is effected on any other person as provided by this Division. (3) If the Minister makes a declaration under this Division- (a) the licensee; or (b) any other person on whom notice of the declaration has been served under this Part- may apply to the Minister for a review of the declaration. (4) On an application under this section for review of a declaration, the Minister- (a) must allow the applicant and, where the applicant is not the licensee, the licensee, a reasonable opportunity to make submissions in relation to the application; and (b) may, after giving due consideration to any such submissions- (i) confirm the declaration; or (ii) revoke or vary the declaration either conditionally or unconditionally and with effect from the date of the declaration or some other date determined by the Minister. (5) If an application is made under this section for review of a declaration of the Minister under this Division, the declaration continues to have effect pending determination of the application except as otherwise determined by the Minister. (6) The Minister may, of his or her own motion, by notice in writing served on the person on whom notice of the declaration was served, revoke or vary a declaration of the Minister under this Division with effect from the date of the declaration or some other date determined by the Minister. Gambling Regulation Act 2003 - SECT 3.4.37I. Appeal against declarations of Minister 3.4.37I. Appeal against declarations of Minister (1) The licensee or any other person on whom notice of a declaration of the Minister is served under this Division (other than a declaration under section 3.4.37G(1) annulling a resolution of the licensee) may appeal to the Supreme Court against the declaration. (2) An appeal under this section must be instituted within 21 days after notice of the declaration under appeal is served on the appellant and that period of limitation may not be extended. (3) Where an appeal is instituted by a person other than the licensee, the licensee is to be a respondent in addition to the Minister. (4) The Supreme Court may, on an appeal under this section, if satisfied that proper grounds for making the declaration did not exist, quash or vary the declaration, either conditionally or unconditionally and with effect from the date of the declaration or some other date, as the Court thinks fit, and make any consequential or ancillary orders that may be just. (5) If an appeal is made under this section, a declaration other than- (a) a declaration under section 3.4.37E(1) requiring a person to dispose of shares in the licensee; or (b) a declaration under section 3.4.37E(6) that shares in the licensee are forfeited to the State- continues to have effect pending determination of the appeal. (6) Except as provided in this Division, a declaration of the Minister under this Division may not be challenged or called into question. Gambling Regulation Act 2003 - SECT 3.4.37J. Sale of forfeited shares 3.4.37J. Sale of forfeited shares (1) The Commission is to sell any shares forfeited to the State under this Division. (2) For the purposes of any such sale, the Commission is not bound by any restriction on the sale of shares contained in the memorandum or articles of association of the licensee. (3) Any money realised from the sale of forfeited shares under this section must, after deduction of the reasonable costs of the forfeiture and sale- (a) if the shares were transferred as a result of a transaction that was illegal and void by virtue of section 3.4.37E(5) and the transferor has not received the full consideration agreed upon with the transferee-be applied in payment to the transferor of the amount or value of the consideration not received by the transferor and in payment of the balance (if any) to the transferee; or (b) in any other case-be paid to the person from whom the shares were forfeited. Division 3B-Further licensing restrictions and requirements Gambling Regulation Act 2003 - SECT 3.4.37K. Definitions 3.4.37K. Definitions In this Division- licensee means the holder of a gaming operator's licence; operator means the company (if any) declared under section 3.9.1 as operator in relation to the gaming operator's licence held by the licensee; Tattersall's means Tattersall's Limited ACN 108 686 040. Gambling Regulation Act 2003 - SECT 3.4.37L. Restrictions on directors of licensee or operator 3.4.37L. Restrictions on directors of licensee or operator (1) For the purposes of sections 3.4.36 and 3.4.37, the licensee is in contravention of this Act if a director of the licensee or an operator is a director of, or has a voting power of 5% or more in- (a) the holder of a casino licence; or (b) another person that holds a gaming operator's licence; or (c) another person (other than a subsidiary of the licensee) that holds a public lottery licence; or (d) the holder of the wagering licence and the gaming licence. (2) For the purposes of subsection (1), the voting power a person has in the holder of a licence referred to in subsection (1) is the person's voting power determined in accordance with section 610 of the Corporations Act as if a reference in that section of that Act to a relevant interest were a reference to a relevant interest to which section 3.4.37A(4) applies. Gambling Regulation Act 2003 - SECT 3.4.37M. Licensee and others not to be associated with certain activities 3.4.37M. Licensee and others not to be associated with certain activities (1) This section applies to- (a) the licensee; (b) an associate of the licensee; (c) a subsidiary of the licensee; (d) a related body corporate of the licensee. (2) A person to whom this section applies must not- (a) except as authorised by this Chapter, hold a venue operator's licence; or (b) hold the wagering licence and the gaming licence; or (c) hold a gaming industry employee's licence; or (d) be listed on the Roll; or (e) hold a casino licence or casino special employee's licence; or (f) be a member of the Commission; or (g) be an inspector. (3) A person to whom this section applies must not otherwise be employed by, or significantly associated with- (a) the holder of a casino licence; or (b) the holder of the wagering licence and the gaming licence (except for the purposes of Chapter 6). (4) Nothing in this section operates to prevent a subsidiary or related body corporate of Tattersall's from continuing to hold a licence or to be listed on the Roll if that subsidiary or related body corporate held that licence or was so listed immediately before the transfer of the gaming operator's licence to Tattersall's in accordance with section 12.3.2. Gambling Regulation Act 2003 - SECT 3.4.37N. Change in situation of licensee or operator 3.4.37N. Change in situation of licensee or operator (1) In this section- major change in the situation existing in relation to the licensee or an operator means- (a) any change in that situation which results in a person becoming an associate of the licensee or operator; or (b) any other change in that situation which is of a class or description prescribed as major for the purposes of this section; minor change in the situation existing in relation to the licensee or an operator means any change in that situation that is prescribed as a minor change for the purposes of this section. (2) The licensee or an operator must- (a) ensure that a major change in the situation existing in relation to the licensee or operator which is within the licensee's or operator's power to prevent occurring does not occur except with the prior approval in writing of the Commission; and (b) notify the Commission in writing of the likelihood of any major change in the situation existing in relation to the licensee or operator to which paragraph (a) does not apply as soon as practicable after the licensee or operator becomes aware of the likelihood of the change; and (c) notify the Commission in writing of any major change in the situation existing in relation to the licensee or operator to which paragraphs (a) and (b) do not apply within 3 days after becoming aware that the change has occurred; and (d) notify the Commission in writing of any minor change in the situation existing in relation to the licensee or operator within 14 days after becoming aware that the change has occurred. Penalty: 60 penalty units. (3) If a major change for which the approval of the Commission is sought under this section involves a person becoming an associate of the licensee or operator, the Commission must not grant its approval unless satisfied that the person is a suitable person to be associated with the management of a business of obtaining, installing, maintaining, repairing and monitoring gaming machines. (4) Division 1 of Part 4 of Chapter 10 applies to an application for approval under this section in the same way that it applies to an application for a licence or for approval of a person as an operator. (5) If a major change is proposed or has occurred involving a person becoming an associate of the licensee or operator and the approval of the Commission to the change is not required- (a) the Commission must inquire into the change to determine whether it is satisfied that the person is a suitable person to be associated with the management of a business of obtaining, installing, maintaining, repairing and monitoring gaming machines; and (b) if it is not so satisfied, the Commission must take such action as it considers appropriate. Division 4-Monitoring licence Gambling Regulation Act 2003 - SECT 3.4.38. Definitions 3.4.38. Definitions In this Division- applicant means applicant for the monitoring licence; application means an application for the monitoring licence; monitoring services means the services and other things that are authorised under section 3.4.4(1); monitoring services provider means a person appointed under section 3.4.59LF or 3.4.59LG. Gambling Regulation Act 2003 - SECT 3.4.39. One licence 3.4.39. One licence This Chapter does not authorise the operation at the same time of more than one monitoring licence. Gambling Regulation Act 2003 - SECT 3.4.40. Minister may invite applications 3.4.40. Minister may invite applications (1) The Minister may invite a person to apply for the monitoring licence but only if the person- (a) has a physical place of business in Victoria; and (b) is not a natural person. (2) In addition, the Minister may take into account any other matter in deciding whether to invite a person to apply for the monitoring licence. Gambling Regulation Act 2003 - SECT 3.4.41. Secretary may report on suitability of persons Minister is considering to invite to apply for licence 3.4.41. Secretary may report on suitability of persons Minister is considering to invite to apply for licence (1) If requested by the Minister, the Secretary must give a written report to the Minister in relation to a person the Minister is considering to invite to apply for the monitoring licence. * * * * * (3) A report may include any recommendations the Secretary thinks fit. (4) The report must include the reasons for any findings or recommendations contained in it. Gambling Regulation Act 2003 - SECT 3.4.41A. Consent required for reports and investigations 3.4.41A. Consent required for reports and investigations (1) For the purpose of preparing a report under section 3.4.41 or 3.4.43 to give to the Minister, and for investigations and inquiries to be carried out under Division 1C of Part 4 of Chapter 10 for the purpose of preparing a report under section 3.4.41 or 3.4.43, the Secretary must obtain the written consent of- (a) a possible invitee or pending applicant; and (b) any other person the Secretary considers relevant to the consideration by the Minister of whether- (i) to invite a possible invitee to apply for the monitoring licence; or (ii) a pending applicant should be granted a monitoring licence under this Division. (2) In this section- pending applicant means a person the Minister has invited to apply for the monitoring licence but that has not applied for the monitoring licence under section 3.4.42; possible invitee means a person the Minister is considering to invite to apply for the monitoring licence. Gambling Regulation Act 2003 - SECT 3.4.42. Application for monitoring licence 3.4.42. Application for monitoring licence (1) A person who has been invited by the Minister under section 3.4.40 to apply for the monitoring licence- (a) may apply to the Minister for the licence; and (b) if the person applies for the licence, must comply with- (i) requirements specified by the Minister for an applicant to have protocols or procedures to prevent an interested person from improperly interfering with the preparation or making of a recommendation or report under this Act in relation to an application for the licence; and (ii) reporting requirements specified by the Minister for an applicant or an associate of an applicant in relation to the protocols or procedures specified under subparagraph (i); and (iii) any other requirements specified by the Minister in relation to applicants or applications for the licence. (2) An application- (a) must be in the form, contain the information and be accompanied by the documents required by the Minister; and (b) must be lodged in accordance with the procedural requirements, if any, specified by the Minister. (3) The Minister may require an applicant to provide any further information to the Minister in connection with the application. (4) The Minister may require any matter in, or in relation to, the application to be verified by statutory declaration by an applicant or an associate of an applicant. (5) The Minister must refer each licence application to the Secretary for a report under section 3.4.43. (6) If a requirement made by or specified under this section is not complied with, the Minister may refuse to consider or further consider the application or to refer it to the Secretary. (7) In this section- interested person means- (a) an applicant; or (b) an associate of an applicant; or (c) an officer, servant, agent or contractor of- (i) an applicant; or (ii) an associate of an applicant. Note Division 1D of Part 4 of Chapter 10 provides for the investigation by the Commission of an application for the monitoring licence. Gambling Regulation Act 2003 - SECT 3.4.43. Report to Minister by Secretary on applications 3.4.43. Report to Minister by Secretary on applications (1) The Secretary must give a written report to the Minister on each application- (a) stating whether or not, in the Secretary's opinion, the matters of which the Minister must be satisfied under section 3.4.44(2) to grant the application have been made out; and (b) stating whether or not, in the Secretary's opinion, the requirements made by or specified under section 3.4.42 have been complied with; and (c) containing any other information required by the Minister. (2) The report may include any recommendations the Secretary thinks fit, including recommendations as to any appropriate licence conditions. (3) The report must include the reasons for any findings or recommendations contained in it. Gambling Regulation Act 2003 - SECT 3.4.44. Determination of applications 3.4.44. Determination of applications (1) The Minister is to determine whether to grant or refuse an application after receiving the report of the Secretary under section 3.4.43. (2) The Minister may grant an application only if he or she is satisfied that the granting of the application is in the public interest, taking into account each of the following matters- (a) whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity; (b) whether the applicant, or an associate of the applicant, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the applicant or the associate is likely to be significantly affected in an unsatisfactory manner; (c) whether each executive officer of the applicant and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the applicant's monitoring business, is a suitable person to act in that capacity; (d) whether the applicant has sufficient technical capability and adequate systems to conduct the activities to be authorised by the licence; (e) whether the applicant is of sound and stable financial background; (f) whether the applicant has the ability to establish and maintain a successful monitoring business; (g) any other matters the Minister considers relevant. (3) In determining whether to grant or refuse an application, the Minister is entitled to rely on any findings or recommendations contained in the report of the Secretary under section 3.4.43. (4) If the Minister refuses an application, he or she must give written notice to the applicant. Gambling Regulation Act 2003 - SECT 3.4.45. Prohibition on improper interference 3.4.45. Prohibition on improper interference (1) An interested person in relation to an application for the monitoring licence must not improperly interfere with the preparation or making of a recommendation or report under this Act in relation to the application. (2) If an interested person in relation to an application for the monitoring licence improperly interferes with the preparation or making of a recommendation or report under this Act in relation to the application, the Minister may refuse to consider, or consider further, the application. (3) In this section- interested person has the same meaning as in section 3.4.42. Gambling Regulation Act 2003 - SECT 3.4.46. Issue of licence 3.4.46. Issue of licence If the Minister grants an application, he or she must issue the monitoring licence to the applicant who made that application. Gambling Regulation Act 2003 - SECT 3.4.47. Licence conditions 3.4.47. Licence conditions The Minister may impose any conditions he or she thinks fit on the monitoring licence, including- (a) conditions referred to in any other provision in this Chapter; (b) conditions that leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission or the Minister. Gambling Regulation Act 2003 - SECT 3.4.48. Minister may refuse to issue monitoring licence if related agreements not entered into 3.4.48. Minister may refuse to issue monitoring licence if related agreements not entered into Despite section 3.4.46, the Minister may refuse to issue the monitoring licence unless the applicant or any other person requested by the Minister (or both) enters into one or more agreements with the Minister, or a person nominated by the Minister, dealing with matters related to the licence. Gambling Regulation Act 2003 - SECT 3.4.48A. Related agreements with monitoring licensee 3.4.48A. Related agreements with monitoring licensee (1) Subject to this section, the Minister, by written notice, may direct the monitoring licensee to enter into an agreement or class of agreements dealing with matters relating to the monitoring licence with- (a) the Minister; or (b) a person or class of person the Minister specifies in the direction. (2) Before giving a direction under subsection (1), the Minister must consult with the monitoring licensee. (3) A direction under subsection (1)- (a) must warn the monitoring licensee of the Minister's powers under this section; and (b) must be accompanied by a copy of this section; and (c) may specify the terms or kinds of terms to be contained in an agreement or class of agreements to be entered into; and (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (e) may specify a date by which an agreement or class of agreements is to be entered into. (4) The monitoring licensee must comply with a direction under subsection (1). (5) The monitoring licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. Gambling Regulation Act 2003 - SECT 3.4.48B. No compensation payable because of a direction to enter into related agreements 3.4.48B. No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 3.4.48A or the entering into an agreement in compliance with a direction under section 3.4.48A. Gambling Regulation Act 2003 - SECT 3.4.48C. Limitation of monitoring licensee's civil liability 3.4.48C. Limitation of monitoring licensee's civil liability (1) The monitoring licensee does not incur any liability for an act or omission in the provision of monitoring services except as provided under an agreement referred to in section 3.4.48 or 3.4.48A. (2) Subsection (1) does not apply to a liability that would otherwise arise at law in the case where- (a) a person has won a prize after playing a gaming machine; and (b) that prize cannot be paid because of a failure by the monitoring licensee to provide monitoring services to enable the payment of that prize; and (c) the person who won the prize or the venue operator who conducts gaming with the machine on which the prize was won sustains a loss because that prize cannot be paid. Gambling Regulation Act 2003 - SECT 3.4.48D. Related agreements may provide for damages determined by the Minister 3.4.48D. Related agreements may provide for damages determined by the Minister An agreement referred to in section 3.4.48 or 3.4.48A must provide for the kinds of damages determined by the Minister under section 3.4.48E. Gambling Regulation Act 2003 - SECT 3.4.48E. Minister may determine certain damages that must be included in related agreements 3.4.48E. Minister may determine certain damages that must be included in related agreements (1) The Minister, after consulting the Treasurer, may determine the kinds of damages that must be provided for under an agreement referred to in section 3.4.48 or 3.4.48A. (2) Without limiting subsection (1), the Minister may determine- (a) the maximum amount that may be payable under the agreement in damages for a breach of a specified condition; (b) the maximum amount that may be payable under the agreement in damages to a specified person for a breach of a specified condition; (c) the kinds of events or circumstances that could form the basis of a condition referred to in paragraph (a) or (b). Gambling Regulation Act 2003 - SECT 3.4.49. Responsible gambling directions $$NSECT 3.4.49. Responsible gambling directions (1) The Minister may direct the monitoring licensee to provide, as part of operating and maintaining an electronic monitoring system, systems and mechanisms that implement responsible gambling measures for the conduct of gaming. (2) A direction under subsection (1) must be- (a) in writing; and (b) given to the monitoring licensee; and (c) published in the Government Gazette. (3) It is a condition of the monitoring licence held by the monitoring licensee that the licensee must comply with a direction under subsection (1). Gambling Regulation Act 2003 - SECT 3.4.50. Duration of licence 3.4.50. Duration of licence The monitoring licence- (a) takes effect at the time of issue or at the later time specified in the licence; and (b) is valid for a term of 15 years, unless terminated earlier in accordance with this Chapter or extended under section 3.4.51. Gambling Regulation Act 2003 - SECT 3.4.51. Extension of licence 3.4.51. Extension of licence (1) If invited by the Minister to do so, the monitoring licensee may apply to the Minister, before the monitoring licence expires, for a licence extension. (2) On application under subsection (1), the Minister may extend the monitoring licence for a period not exceeding 2 years from the day it would otherwise expire, after consulting- (a) the Commission; and (b) any other person the Minister considers appropriate. (3) The monitoring licence may be extended only once. (4) The monitoring licence cannot be renewed, but a person who holds or has held a monitoring licence may apply for a subsequent monitoring licence, if invited by the Minister to do so. Gambling Regulation Act 2003 - SECT 3.4.52. Licence may authorise preparatory action 3.4.52. Licence may authorise preparatory action (1) This section applies to a monitoring licence if the licence takes effect at a time specified in the licence that is later than the time of issue of the licence. (2) The monitoring licence may authorise the monitoring licensee to take preparatory action from a time specified in the licence (which may be the time of issue) even though the licence has not taken effect. (3) An authorisation under subsection (2) may specify a single time from which any preparatory action may be taken or different times from which different kinds of preparatory action may be taken. (4) Despite section 3.4.50(a), the monitoring licence is taken to be in effect for the purpose of any preparatory action taken in accordance with an authorisation under subsection (2). (5) No account is to be had to this section in determining the term of the licence under section 3.4.50(b). (6) In this section- current gaming monitoring activities means- (a) monitoring, servicing, repairing, maintaining and testing of gaming equipment or games used in the conduct of gaming under a gaming operator's licence or a gaming licence under Chapter 4; and (b) monitoring of events associated with gaming machines used in the conduct of gaming under a gaming operator's licence or a gaming licence under Chapter 4- but does not include monitoring, servicing, repairing, maintaining and testing of gaming equipment or games used in the conduct of gaming, or monitoring of events associated with gaming machines used in the conduct of gaming, for the purpose of developing and testing an electronic monitoring system; preparatory action means anything (other than current gaming monitoring activities) necessary or convenient to be done for the purpose of conducting any activities authorised by the monitoring licence. Gambling Regulation Act 2003 - SECT 3.4.53. Publication and tabling 3.4.53. Publication and tabling (1) The Minister must cause- (a) notice to be published in the Government Gazette- (i) of the issue of the monitoring licence, as soon as practicable after the licence is issued; and (ii) of the making of any agreement referred to in section 3.4.48, as soon as practicable after the agreement is made; and (b) a copy of the monitoring licence to be- (i) given to the Commission as soon as practicable after the licence is issued; and (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is issued; and (c) a copy of any agreement referred to in section 3.4.48 to be- (i) given to the Commission as soon as practicable after the agreement is made; and (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the agreement is made. (2) Before complying with subsection (1)(b)(ii) or (c)(ii), the Minister- (a) may exclude information from the monitoring licence or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (3) Subject to subsection (4), the Commission must cause a copy of the monitoring licence and any agreements referred to in section 3.4.48 to be made available on its website as soon as practicable after notification from the Minister under subsection (2)(b). (4) If the Minister has excluded information from the monitoring licence or agreement under subsection (2), the Commission must exclude that information from the copy of the licence or agreement it makes available under subsection (3). Gambling Regulation Act 2003 - SECT 3.4.54. Engaging contractors and appointing agents to assist with monitoring 3.4.54. Engaging contractors and appointing agents to assist with monitoring (1) The monitoring licence may authorise the monitoring licensee to engage a person on contract, or to appoint an agent, to assist in the conduct of activities authorised by the licence. (2) To avoid doubt, the engagement of a person or the appointment of an agent by the monitoring licensee does not affect any function or obligation of the licensee under a gaming Act, the gaming regulations, the monitoring licence or any related agreement referred to in section 3.4.44 or 3.4.48A. Gambling Regulation Act 2003 - SECT 3.4.55. Transfer only under this Division 3.4.55. Transfer only under this Division The monitoring licence is not transferable to any other person except in accordance with this Division. Gambling Regulation Act 2003 - SECT 3.4.56. Application to transfer licence 3.4.56. Application to transfer licence (1) The monitoring licensee may apply to the Minister to transfer the monitoring licence to another person (the transferee). (2) An application to transfer the monitoring licence- (a) must be in the form, contain the information and be accompanied by the documents required by the Minister; and (b) must be accompanied by the prescribed fee (if any). (3) If no fee is prescribed for the purposes of subsection (2)(b), the Minister, by written notice, may require the monitoring licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the application to transfer the monitoring licence. (4) The Minister may require costs payable under subsection (3) to be paid by instalments or at any time before, during or after the Minister's consideration of the application to transfer the monitoring licence, whether or not the application is granted. (5) Costs payable under subsection (3) may be recovered in a court of competent jurisdiction as a debt due to the State. (6) The Minister may refer the application to transfer the monitoring licence to the Commission for a report under section 3.4.58. Gambling Regulation Act 2003 - SECT 3.4.57. Transfer of monitoring licence 3.4.57. Transfer of monitoring licence (1) On an application under section 3.4.56, the Minister may transfer the monitoring licence to the transferee if the Minister is satisfied of the matters specified in subsections (2), (3), (4) and (5). (2) The Minister must be satisfied- (a) that- (i) the transferee is a wholly-owned subsidiary of the monitoring licensee; or (ii) the transferee and the monitoring licensee are both wholly-owned subsidiaries of a third company; and (b) that the transferee has a physical place of business in Victoria; and (c) that the transferee is not a natural person or a venue operator; and (d) that the transferee will not, on becoming the monitoring licensee, contravene Part 2A. (3) The Minister must be satisfied that the transfer of the monitoring licence to the transferee is in the public interest, taking into account each of the following matters- (a) whether the transferee, and each associate of the transferee, is of good repute, having regard to character, honesty and integrity; (b) whether the transferee, or an associate of the transferee, has an association with a person or body that is not of good repute having regard to character, honesty and integrity as a result of which the transferee or the associate is likely to be significantly affected in an unsatisfactory manner; (c) whether each executive officer of the transferee and any other person determined by the Minister to be concerned in or associated with the ownership, management or operation of the transferee's monitoring business, is a suitable person to act in that capacity; (d) whether the transferee has sufficient technical capability and adequate systems to conduct the activities authorised by the licence; (e) whether the transferee is of sound and stable financial background; (f) whether the transferee has the ability to establish and maintain a successful monitoring business; (g) any other matters the Minister considers relevant. (4) The Minister must be satisfied that the transfer of the licence to the transferee would not result in a person who is not currently an associate of the licensee, or not approved by the Minister to become an associate of the licensee, becoming an associate of the transferee. (5) The Minister must be satisfied that the transferee is capable of meeting the obligations of the monitoring licensee under any agreements referred to in section 3.4.48. (6) The Minister may refuse to transfer the monitoring licence unless a company approved by the Minister that is an associate of the transferee has given the transferee an irrevocable guarantee and indemnity, in the form approved by the Treasurer, in respect of the financial obligations of the transferee. (7) In determining whether to grant or refuse an application to transfer the monitoring licence, the Minister is entitled to rely on any findings or recommendations contained in the report of the Commission under section 3.4.58. (8) If the Minister transfers the monitoring licence, the transferee becomes the monitoring licensee and assumes all the obligations and liabilities of the monitoring licensee under this Act. Gambling Regulation Act 2003 - SECT 3.4.58. Report to Minister by Commission 3.4.58. Report to Minister by Commission (1) If the Minister has referred to the Commission an application to transfer the monitoring licence, the Commission must give a written report to the Minister on the application- (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to transfer the licence have been made out; and (b) containing any other information required by the Minister. (2) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. (3) The report must include the reasons for any findings or recommendations contained in it. Note Division 1B of Part 4 of Chapter 10 provides for the investigation by the Commission of an application to transfer a monitoring licence. Gambling Regulation Act 2003 - SECT 3.4.59. Related agreements 3.4.59. Related agreements The Minister may refuse to transfer a monitoring licence if- (a) the monitoring licensee and any other person who is party to an agreement referred to in section 3.4.48 relating to the licence have not executed any document requested by the Minister in relation to that agreement; or (b) the transferee or any other person requested by the Minister (or both) has not entered into one or more agreements with the Minister dealing with matters related to the licence, including any agreement referred to in section 3.4.48 or any further agreement. Gambling Regulation Act 2003 - SECT 3.4.59A. Publication and tabling 3.4.59A. Publication and tabling (1) The Minister must cause- (a) notice to be published in the Government Gazette- (i) of the transfer of the monitoring licence, as soon as practicable after the licence is transferred; and (ii) of the execution of any document referred to in section 3.4.59(a) or of the entering into of any agreement referred to in section 3.4.59(b), as soon as practicable after the document is executed or the agreement is entered into; and (b) a copy of the transfer of the monitoring licence to be- (i) given to the Commission as soon as practicable after the licence is transferred; and (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the licence is transferred; and (c) a copy of any document referred to in section 3.4.59(a) or any agreement referred to in section 3.4.59(b) to be- (i) given to the Commission as soon as practicable after the document is executed or the agreement is entered into; and (ii) subject to subsection (2), presented to each House of Parliament within 7 sitting days of the House after the document is executed or the agreement is entered into. (2) Before complying with subsection (1)(b)(ii) or (c)(ii), the Minister- (a) may exclude information from the transfer, document or agreement if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (3) Subject to subsection (4), the Commission must cause a copy of a transfer of the monitoring licence and any document referred to in section 3.4.59(a) or agreement referred to in section 3.4.59(b) to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (2)(b). (4) If the Minister has excluded information from the transfer, document or agreement under subsection (2), the Commission must exclude that information from the copy of the transfer, document or agreement it makes available under subsection (3). Gambling Regulation Act 2003 - SECT 3.4.59B. Request by licensee for amendment of licence 3.4.59B. Request by licensee for amendment of licence (1) The monitoring licensee may request the Minister to amend the monitoring licence. (1A) The Minister may refuse to consider the request for a licence amendment if, in his or her opinion, the requested amendment is the same, or is similar to, a requested amendment that has already been made under this section within the previous two years and refused by the Minister under section 3.4.59C. (2) A request for a licence amendment- (a) must be in writing; and (b) must include the reasons for the requested amendment; and (c) must be accompanied by the prescribed fee (if any). (3) The Minister may require the monitoring licensee to provide any further information or any documents to the Minister in connection with the request. (4) If this section or a requirement made by the Minister under this section is not complied with, the Minister may refuse to consider the request. (5) If no fee is prescribed for the purposes of subsection (2)(c), the Minister, by written notice, may require the monitoring licensee to pay to the Minister the amount determined by the Minister, being an amount not exceeding the reasonable costs of the Minister and the Department administered by the Minister in considering the request. (6) The Minister may require costs payable under subsection (5) to be paid by instalments or at any time before, during or after the Minister's consideration of the request, whether or not the Minister decides to make the requested amendment. (7) Costs payable under subsection (5) may be recovered in a court of competent jurisdiction as a debt due to the State. Gambling Regulation Act 2003 - SECT 3.4.59C. Amendment of licence 3.4.59C. Amendment of licence (1) The Minister must decide whether to make an amendment requested under section 3.4.59B, either with or without changes from that originally requested, and must give written notice of the decision to the monitoring licensee. (1A) The Minister may, at any time, decide to make an amendment to the monitoring licence and must give written notice of the decision to the monitoring licensee. (1B) Before making an amendment to the monitoring licence under subsection (1A), the Minister must notify the monitoring licensee of the Minister's intention to amend the licence and give the licensee no less than 14 days to make written representations about the intended action. (2) In deciding whether or not to make an amendment, the Minister must take into account whether, in his or her opinion- (a) the amendment is in the public interest; and (b) the amendment is required for the proper conduct of the licensed activity. (3) If the Minister amends the monitoring licence under this section, the Minister must cause- (a) notice of the amendment to be published in the Government Gazette as soon as practicable after the licence is amended; and (b) a copy of the amendment, and the licence as amended, to be- (i) given to the Commission as soon as practicable after the licence is amended; and (ii) subject to subsection (4), presented to each House of Parliament within 7 sitting days of the House after the licence is amended. (4) Before complying with subsection (3)(b)(ii), the Minister- (a) may exclude information from the amendment, or the monitoring licence as amended, if the Minister is of the opinion that the information relates to matters of a business, commercial or financial nature the disclosure of which would be likely to expose any person unreasonably to disadvantage; and (b) must notify the Commission as soon as practicable whether or not any information has been excluded under paragraph (a) and, if it has been, specify the information excluded. (5) Subject to subsection (6), the Commission must cause a copy of the amendment, or the monitoring licence as amended, to be made available on its website as soon as practicable after receiving notification from the Minister under subsection (4)(b). (6) If the Minister has excluded information from an amendment under subsection (4), the Commission must exclude that information from the copy of the amendment, or the monitoring licence as amended, it makes available under subsection (5). (7) An amendment takes effect when notice of the decision to make the amendment is given to the monitoring licensee under subsection (1) or (1A) or on a later date specified in the notice. Gambling Regulation Act 2003 - SECT 3.4.59D. Grounds for disciplinary action 3.4.59D. Grounds for disciplinary action Each of the following is a ground for disciplinary action in relation to the monitoring licence- (a) the monitoring licensee is not, or is no longer, a suitable person or body to conduct the activities authorised by the licence; (b) the monitoring licensee has been found guilty of an offence against a gaming Act; (c) the monitoring licensee, or an associate of the licensee, has been found guilty of an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds imprisonment for 3 months; (d) the monitoring licensee has contravened- (i) a condition of the licence; or (ii) a provision of this Act (being a provision a contravention of which does not constitute an offence); (e) the monitoring licensee has contravened an agreement referred to in section 3.4.48 or 3.4.59; (f) the monitoring licensee becomes an externally-administered body corporate or otherwise becomes insolvent; (g) the monitoring licence was obtained by a materially false or misleading representation or in some other improper way. Gambling Regulation Act 2003 - SECT 3.4.59E. Commission may take or recommend disciplinary action 3.4.59E. Commission may take or recommend disciplinary action (1) If the Commission considers that there is a ground for taking disciplinary action in relation to the monitoring licence, the Commission may give the monitoring licensee written notice giving the licensee an opportunity to show cause within 28 days why disciplinary action should not be taken on the ground specified in the notice. (2) The monitoring licensee, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken. (3) After considering any submissions made under subsection (2), the Commission- (a) may take either or both of the following disciplinary actions- (i) issue a letter of censure to the monitoring licensee; (ii) fine the monitoring licensee an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004; or (b) may make a written report to the Minister recommending that the Minister take disciplinary action against the monitoring licensee under section 3.4.59F. (4) A report under subsection (3)(b) must include the reasons for the findings and recommendations contained in it. (5) A letter of censure may censure the monitoring licensee in respect of any matter connected with the management or operation of its monitoring business and may include a direction to the licensee to rectify within a specified time any matter giving rise to the letter of censure. (6) If a direction given under subsection (5) is not complied within the specified time, the Commission may- (a) fine the monitoring licensee an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004; or (b) make a written report to the Minister recommending that the Minister take disciplinary action against the monitoring licensee under section 3.4.59F. (7) The Commission may fine the monitoring licensee under subsection (6)(a) whether or not the Commission has already fined the licensee under subsection (3)(a)(ii) in relation to the same matter. (8) A fine imposed under this section may be recovered in a court of competent jurisdiction as a debt due to the State. Gambling Regulation Act 2003 - SECT 3.4.59F. Minister may take disciplinary action 3.4.59F. Minister may take disciplinary action (1) If the Commission makes a report to the Minister under section 3.4.59E, the Minister may- (a) take any one of the following disciplinary actions- (i) amend the monitoring licence; or (ii) suspend the monitoring licence; or (iii) cancel the monitoring licence; or (b) if the Minister considers that disciplinary action under paragraph (a) is not warranted, remit the matter to the Commission with a request that the Commission consider whether disciplinary action should be taken against the monitoring licensee under section 3.4.59E(3)(a). (2) In taking disciplinary action, the Minister- (a) must take into account whether, in his or her opinion, taking the action is in the public interest; and (b) is entitled to rely on the findings and recommendations in the report of the Commission under section 3.4.59E; and (c) is not required to give the monitoring licensee a further opportunity to be heard or make submissions. (3) If the Minister remits a matter to the Commission under subsection (1)(b), the Commission is not required to give the monitoring licensee a further opportunity to be heard or make submissions before taking disciplinary action against the licensee under section 3.4.59E(3)(a). (4) Cancellation, suspension or amendment of the monitoring licence under this section takes effect when written notice is given to the licensee or on a later date specified in the notice. Gambling Regulation Act 2003 - SECT 3.4.59G. Suspension of licence pending criminal proceedings 3.4.59G. Suspension of licence pending criminal proceedings (1) The Minister may suspend the monitoring licence by giving written notice to the monitoring licensee if the Minister is satisfied that- (a) the licensee or an executive officer of the licensee has been charged with- (i) an offence against a gaming Act or gaming regulations; or (ii) an offence arising out of or in connection with the management or operation of a monitoring business; or (iii) an indictable offence or an offence that, if committed in Victoria, would be an indictable offence, the nature and circumstances of which, in the opinion of the Minister, relate to the management or operation of a monitoring business; or (b) the licensee is not, or is no longer, a suitable person or body to conduct the activities authorised by the licence; or (c) the licensee becomes an externally administered body corporate or otherwise becomes insolvent; or (d) the licence was obtained by a materially false or misleading representation or in some other improper way. (2) The Minister may, at any time, terminate or reduce a period of suspension imposed under subsection (1). Gambling Regulation Act 2003 - SECT 3.4.59H. Effect of licence suspension 3.4.59H. Effect of licence suspension The monitoring licence is of no effect for the purposes of Part 2 while it is suspended. Gambling Regulation Act 2003 - SECT 3.4.59I. Temporary monitoring licence 3.4.59I. Temporary monitoring licence (1) If the monitoring licence (the original licence) is cancelled or suspended under this Division, the Minister may, subject to subsection (1A), issue a temporary monitoring licence and appoint a temporary monitoring licensee for the period determined by the Minister. (1A) The Minister may, in accordance with subsection (2A), issue a temporary monitoring licence and appoint a temporary monitoring licensee for a period of 90 days. (2) The Minister may issue a temporary monitoring licence under subsection (1) only if satisfied that- (a) the issue of the temporary licence is in the public interest; and (b) the proposed licensee and each associate of the proposed licensee is a suitable person to be concerned in, or associated with, the management and operation of a monitoring business. (2A) The Minister may issue a temporary monitoring licence under subsection (1A) only if satisfied that- (a) the issue of the temporary licence is in the public interest; and (b) the proposed licensee is a suitable person to be concerned in the management and operation of a monitoring business, taking into account the period of time for which the licence is issued. (3) Subject to subsections (1A) and (2A), a temporary monitoring licence is issued on the terms and conditions the Minister thinks fit and nothing in sections 3.4.38 to 3.4.51 applies to the issue of the temporary licence. (4) In considering whether to issue a temporary licence under subsection (1), the Minister- (a) may consult any person the Minister considers appropriate; and (b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 3.4.59J. (5) In considering whether to issue a temporary licence under subsection (1A), the Minister- (a) may consult any person the Minister considers appropriate; and (b) is entitled to rely on any findings or recommendations contained in the report of the Commission under section 3.4.59JA. Gambling Regulation Act 2003 - SECT 3.4.59J. Report to Minister by Commission for a temporary monitoring licence 3.4.59J. Report to Minister by Commission for a temporary monitoring licence (1) If the Minister is considering issuing a temporary monitoring licence under section 3.4.59I(1), the Minister may request the Commission to give a written report to the Minister- (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and (b) containing any other information required by the Minister. (2) The Commission must comply with a request of the Minister under this section. (3) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. (4) The report must include the reasons for any findings or recommendations contained in it. Note Division 1B of Part 4 of Chapter 10 provides for investigations by the Commission for the purposes of the Minister deciding whether or not to issue a temporary monitoring licence. Gambling Regulation Act 2003 - SECT 3.4.59JA. Report to Minister by Commission for a temporary monitoring licence issued for 90 days 3.4.59JA. Report to Minister by Commission for a temporary monitoring licence issued for 90 days (1) If the Minister is considering issuing a temporary monitoring licence under section 3.4.59I(1A), the Minister may request the Commission to give a preliminary written report to the Minister- (a) stating whether or not, in the Commission's opinion, the matters of which the Minister must be satisfied to issue the temporary licence have been made out; and (b) containing any other information required by the Minister. (2) The Commission must comply with a request of the Minister under this section. (3) The report may include any recommendations the Commission thinks fit, including recommendations as to any appropriate licence conditions. (4) The report must include the reasons for any findings or recommendations contained in it. Gambling Regulation Act 2003 - SECT 3.4.59K. Arrangements with former licensee 3.4.59K. Arrangements with former licensee (1) A temporary monitoring licensee may enter into any arrangements that are approved by the Minister with the former licensee, including arrangements relating to the use of assets and services of staff of the former licensee. (2) The former licensee must make available to the temporary licensee on reasonable terms any assets of, or under the control of, the former licensee that are reasonably necessary for arrangements under subsection (1). Penalty: 100 penalty units. (3) The former licensee must use its best endeavours to make available any staff of the former licensee that are reasonably necessary for arrangements under subsection (1). Penalty: 100 penalty units. (4) In this section- former licensee means the person who was the monitoring licensee- (a) under the original licence immediately before its cancellation, suspension or surrender; or (b) under a temporary monitoring licence immediately before its cancellation or other termination. Gambling Regulation Act 2003 - SECT 3.4.59L. Further provisions for temporary licence 3.4.59L. Further provisions for temporary licence (1) Subject to subsection (1A), a temporary monitoring licence- (a) may be extended once only for a period determined by the Minister; and (b) may be cancelled at any time by the Minister; and (c) if issued following the suspension of the original licence-is cancelled by the lifting or expiry of that suspension. (1A) A temporary monitoring licence issued under section 3.4.59I(1A) may be extended once only for a period of 90 days. (2) If a temporary monitoring licence (including a temporary licence issued under this subsection) is cancelled or otherwise terminates (other than under subsection (1)(c)), the Minister may issue a further temporary monitoring licence and appoint a further temporary licensee for the period determined by the Minister. (3) To avoid doubt, sections 3.4.59F(1), (2), (3) and (4), 3.4.59G and 3.4.59H apply to the issue of a temporary monitoring licence under subsection (2). (4) The cumulative periods for which a temporary monitoring licence may be issued or extended under this Division cannot exceed 3 years after the day on which the original licence was cancelled, suspended or surrendered (as the case may be). Gambling Regulation Act 2003 - SECT 3.4.59LA. Related agreements with temporary licensee 3.4.59LA. Related agreements with temporary licensee (1) Subject to this section, the Minister, by written notice, may direct the temporary licensee to enter into an agreement or class of agreements dealing with matters relating to the temporary monitoring licence with- (a) the Minister; or (b) a person or class of person the Minister specifies in the direction. (2) Before giving a direction under subsection (1), the Minister must consult with the temporary licensee. (3) A direction under subsection (1)- (a) must warn the temporary licensee of the Minister's powers under this section; and (b) must be accompanied by a copy of this section; and (c) may specify the terms or kinds of terms to be contained in an agreement or class of agreements to be entered into; and (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (e) may specify a date by which an agreement or class of agreements is to be entered into. (4) The temporary licensee must comply with a direction under subsection (1). (5) The temporary licensee must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. Gambling Regulation Act 2003 - SECT 3.4.59LB. No compensation payable because of a direction to enter into related agreements 3.4.59LB. No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 3.4.59LA or the entering into an agreement in compliance with a direction under section 3.4.59LA. Gambling Regulation Act 2003 - SECT 3.4.59LC. Limitation of temporary licensee's civil liability 3.4.59LC. Limitation of temporary licensee's civil liability (1) The temporary licensee does not incur any liability for an act or omission in the provision of monitoring services except as provided under an agreement referred to in section 3.4.59LA. (2) Subsection (1) does not apply to a liability that would otherwise arise at law in the case where- (a) a person has won a prize after playing a gaming machine; and (b) that prize cannot be paid because of a failure by the temporary licensee to provide monitoring services to enable the payment of that prize; and (c) the person who won the prize or the venue operator who conducts gaming with the machine on which the prize was won sustains a loss because that prize cannot be paid. Gambling Regulation Act 2003 - SECT 3.4.59LD. Related agreements may provide for damages determined by the Minister 3.4.59LD. Related agreements may provide for damages determined by the Minister An agreement referred to in section 3.4.59LA must provide for the kinds of damages determined by the Minister under section 3.4.59LE. Gambling Regulation Act 2003 - SECT 3.4.59LE. Minister may determine certain damages that must be included in related agreements 3.4.59LE. Minister may determine certain damages that must be included in related agreements (1) The Minister, after consulting the Treasurer, may determine the kinds of damages that must be provided for under an agreement referred to in section 3.4.59LA. (2) Without limiting subsection (1), the Minister may determine- (a) the maximum amount of damages that may be payable under the agreement for a breach of a specified condition; (b) the maximum amount of damages that may be payable under the agreement to a specified person for a breach of a specified condition; (c) the kinds of events or circumstances that could form the basis of a condition referred to in paragraph (a) or (b). Gambling Regulation Act 2003 - SECT 3.4.59LF. Appointment of a monitoring services provider if monitoring licence not granted 3.4.59LF. Appointment of a monitoring services provider if monitoring licence not granted (1) This section applies if the Minister does not grant any application for the monitoring licence. (2) The Minister may, if the Minister is satisfied that it is in the public interest to do so, direct, by written notice, the Commission to appoint a person (a monitoring services provider) to provide monitoring services. (3) On receiving a written notice under subsection (2), the Commission must, by instrument, appoint a person as a monitoring services provider for the purposes of this section. (4) In appointing a monitoring services provider, the Commission must have regard to the suitability of the person to do what is provided for under subsection (2). (5) A monitoring services provider is appointed- (a) by the Commission as directed by written notice by the Minister; and (b) on such terms and conditions as the Minister thinks fit. (6) The terms and conditions under subsection (5)(b)- (a) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission; and (b) may require the monitoring services provider to enter into one or more agreements with the Minister, or a person nominated by the Minister, dealing with matters related to provision of monitoring services (a related agreement); and (c) may determine- (i) the maximum amount of damages that may be payable under a related agreement for a breach of a specified condition; (ii) the maximum amount of damages that may be payable under a related agreement to a specified person for a breach of a specified condition; (iii) the kinds of events or circumstances that could form the basis of a condition referred to in subparagraph (i) or (ii). (7) The appointment of a monitoring services provider- (a) may be terminated at any time- (i) by the Commission; or (ii) by the Commission as directed by written notice of the Minister; and (b) is terminated on the later of- (i) the day the monitoring licence is issued; or (ii) if the monitoring licence that is issued takes effect at a time specified in the monitoring licence that is later than the time of issue, that time. (8) A monitoring services provider- (a) is taken to have, in connection with the provision of the monitoring services, all the functions and powers of the monitoring licensee; and (b) must provide monitoring services in accordance with this Act, the regulations and the provider's terms of appointment under subsection (5). (9) If the appointment of the monitoring services provider is terminated the monitoring services provider- (a) ceases to be taken to be the holder of the monitoring licence; and (b) ceases to be taken to have the functions and powers of the monitoring licensee. Gambling Regulation Act 2003 - SECT 3.4.59LG. Appointment of a monitoring services provider after monitoring licence suspended, cancelled or surrendered 3.4.59LG. Appointment of a monitoring services provider after monitoring licence suspended, cancelled or surrendered (1) This section applies if- (a) the monitoring licence is suspended, cancelled or surrendered; or (b) the Minister considers that there has been- (i) a significant failure in the operation or maintenance of the electronic monitoring system used to provide monitoring services; or (ii) a significant failure to provide monitoring services- such that no effective monitoring services are being provided. (2) The Minister may, if the Minister is satisfied that it is in the public interest to do so, direct, by written notice, the Commission to appoint a person (other than the monitoring licensee) (a monitoring services provider)- (a) to provide monitoring services; and (b) to manage the business of the monitoring licensee to the extent that the business relates to the provision of monitoring services. (3) On receiving a written notice under subsection (2), the Commission must, by instrument, appoint a person as a monitoring services provider for the purposes of this section. (4) In appointing a monitoring services provider, the Commission must have regard to the suitability of the person to do what is provided for under subsection (2)(a) and (b). (5) A monitoring services provider is appointed- (a) by the Commission as directed by written notice by the Minister; and (b) on such terms and conditions as the Minister thinks fit. (6) The terms and conditions under subsection (5)(b)- (a) may leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Commission; and (b) may require the monitoring services provider to enter into one or more agreements with the Minister, or a person nominated by the Minister, dealing with matters related to provision of monitoring services (a related agreement); and (c) may determine- (i) the maximum amount of damages that may be payable under a related agreement for a breach of a specified condition; (ii) the maximum amount of damages that may be payable under a related agreement to a specified person for a breach of a specified condition; (iii) the kinds of events or circumstances that could form the basis of a condition referred to in subparagraph (i) or (ii). (7) The appointment of a monitoring services provider- (a) may be terminated at any time- (i) by the Commission; or (ii) by the Commission as directed by written notice of the Minister; and (b) in the case where the monitoring licence has been cancelled or surrendered, is terminated on the later of- (i) the day the monitoring licence is issued; or (ii) if the monitoring licence that is issued takes effect at a time specified in the monitoring licence that is later than the time of issue, that time; and (c) in the case where the monitoring licence has been suspended, is terminated on the lifting of that suspension. (8) A monitoring services provider- (a) is taken to be the holder of the monitoring licence on the same terms as those on which the monitoring licensee held the licence before its cancellation, suspension or surrender, subject to such modifications as the Minister determines; and (b) is taken to have, in connection with the provision of the monitoring services- (i) all the functions and powers of the monitoring licensee; and (ii) all the rights and obligations of the monitoring licensee under a related agreement referred to in sections 3.4.48 and 3.4.48A to which the monitoring licensee is a party; and (c) must provide monitoring services in accordance with this Act, the regulations, the monitoring licence, any related agreement referred to in sections 3.4.48 and 3.4.48A to which the monitoring licensee is a party and the provider's terms of appointment under subsection (5); and (d) assumes full control of and responsibility for the business of the monitoring licensee and may use, in the provision of monitoring services, any property, and services of staff and contractors, of the monitoring licensee; and (e) may employ such staff and engage such contractors as may be required to provide monitoring services. (9) If the appointment of the monitoring services provider is terminated- (a) the monitoring services provider ceases to be taken to be the holder of the monitoring licence; and (b) ceases to be taken to have- (i) the functions and powers of the monitoring licensee; and (ii) the rights and obligations of the monitoring licensee under a related agreement referred to in sections 3.4.48 and 3.4.48A to which the monitoring licensee is a party; and (c) ceases to be in control of and responsible for the business of the monitoring licensee. (10) In this section, monitoring licensee includes the person whose monitoring licence was suspended or cancelled, or who surrendered the monitoring licence, immediately before the appointment of the monitoring services provider. Gambling Regulation Act 2003 - SECT 3.4.59M. Secretary may require further information 3.4.59M. Secretary may require further information (1) The Secretary, by notice in writing, may require an interested person to do any one or more of the following- (a) to provide, in accordance with directions in the notice, any information that is relevant to the consideration of the application and is specified in the notice; (b) to produce, in accordance with directions in the notice, any records relevant to the consideration of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them; (c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b); (d) to provide the Secretary with any authorities and consents the Secretary requires for the purpose of enabling the Secretary to obtain information (including financial and other confidential information) concerning the interested person from other persons. (2) The Secretary- (a) must give any information provided or record produced by an interested person under subsection (1), or a copy of the information or record, to the Minister; and (b) may give that information or record, or a copy of it, to the Commission if the Secretary considers that the information or record is relevant to an investigation or inquiry by the Commission in relation to the application. (3) If an interested person refuses to comply with a requirement under subsection (1)- (a) the Secretary must notify the Minister in writing as soon as practicable; and (b) the Minister may refuse to consider the application. (4) In this section- interested person means- (a) an applicant for the monitoring licence; or (b) an associate of an applicant for the monitoring licence; (c) a person who the Secretary considers may become an associate of an applicant for the monitoring licence. Gambling Regulation Act 2003 - SECT 3.4.59N. Updating information provided to Secretary 3.4.59N. Updating information provided to Secretary (1) If- (a) the Secretary requires information (including information in any records) from an interested person under section 3.4.59M; and (b) a change occurs in that information before the application is granted- the interested person must give the Secretary written particulars of the change as soon as practicable. Penalty: 60 penalty units. (2) The Secretary- (a) must give the particulars of a change referred to in subsection (1) to the Minister; and (b) may give the particulars of a change referred to in subsection (1) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application. (3) When particulars of a change are given, those particulars must then be considered to have formed part of the original information, for the purposes of the application of subsection (1) to any further change in the information provided. (4) In this section- interested person has the same meaning as in section 3.4.59M. Gambling Regulation Act 2003 - SECT 3.4.59O. Updating information provided to Minister regarding licence application 3.4.59O. Updating information provided to Minister regarding licence application (1) If a change occurs in any relevant application information before an application is granted or refused, the applicant must give the Minister written particulars of the change as soon as practicable. Penalty: 60 penalty units. (2) The Minister must give the particulars of a change referred to in subsection (1) to the Secretary. (3) The Secretary may give the particulars of a change referred to in subsection (1) to the Commission if the Secretary considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application. (4) When particulars of a change are given, those particulars must then be considered to have formed part of the original application, for the purposes of the application of subsection (1) or (2) to any further change in the relevant information. (5) In this section- relevant application information means- (a) any information contained in an application for the monitoring licence; or (b) any information contained in a document that accompanied that application; or (c) any further information given to the Minister by the applicant in relation to that application. Gambling Regulation Act 2003 - SECT 3.4.59P. Updating licence transfer application 3.4.59P. Updating licence transfer application (1) If a change occurs in any relevant information before an application for transfer of the monitoring licence is granted or refused, the monitoring licensee must give the Minister written particulars of the change as soon as practicable. Penalty: 60 penalty units. (2) The Minister may give the particulars of a change referred to in subsection (1) to the Commission if the Minister considers that the particulars are relevant to an investigation or inquiry by the Commission in relation to the application for transfer of the monitoring licence. (3) When particulars of a change are given, those particulars must then be considered to have formed part of the original application, for the purposes of the application of subsection (1) to any further change in the relevant information. (4) In this section- relevant information means- (a) any information contained in an application for transfer of the monitoring licence; or (b) any information contained in a document that accompanied that application; or (c) any further information given to the Minister by the applicant in relation to that application. Gambling Regulation Act 2003 - SECT 3.4.59Q. No compensation payable for certain acts and omissions relating to monitoring 3.4.59Q. No compensation payable for certain acts and omissions relating to monitoring (1) No compensation is payable by the State to any person for any loss incurred by the person as a result of an act or omission of, as the case requires- (a) the monitoring licensee in doing a thing authorised by the monitoring licence held by the licensee; or (b) a temporary licensee in doing a thing authorised under the temporary monitoring licence held by the licensee; or (c) the State or a monitoring services provider in doing a thing authorised under section 3.4.59LF or 3.4.59LG. (2) Except as provided under a related agreement referred to in section 3.4.59LF(6) or 3.4.59LG(6), no compensation is payable by a monitoring service provider to any person for any loss incurred by the person as a result of an act or omission of, as the case requires- (a) the monitoring licensee in doing a thing authorised by the monitoring licence held by the licensee; or (b) the State or the monitoring services provider in doing a thing authorised under the monitoring service provider's terms and conditions of appointment. Gambling Regulation Act 2003 - SECT 3.4.59R. Trade Practices Act and Competition Code 3.4.59R. Trade Practices Act and Competition Code (1) For the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code, the following things are authorised by this Act- (a) the grant of a monitoring licence or a temporary monitoring licence; (b) conduct authorised or required by a monitoring licence or temporary monitoring licence or under the conditions of either licence; (c) entering into a related agreement referred to in section 3.4.48, 3.4.48A or 3.4.59LA; (d) amending a related agreement referred to in section 3.4.48, 3.4.48A or 3.4.59LA; (e) giving effect to a related agreement referred to in section 3.4.48, 3.4.48A or 3.4.59LA (whether amended or not). (2) In this section- giving effect to, in relation to a related agreement, includes- (a) complying with any obligation under the agreement; and (b) exercising or enforcing any right or power under the agreement. * * * * * * * * * * Division 7-Roll of Manufacturers, Suppliers and Testers Gambling Regulation Act 2003 - SECT 3.4.60. The Roll 3.4.60. The Roll The Commission must cause a Roll of Manufacturers, Suppliers and Testers to be kept. Gambling Regulation Act 2003 - SECT 3.4.61. Application to be listed on Roll 3.4.61. Application to be listed on Roll (1) A person may apply to the Commission to be listed on the Roll if the person- (a) manufactures, or intends to manufacture, gaming machines or restricted components; or (b) supplies, or intends to supply, gaming machines or restricted components to gaming operators or a venue operator that holds a gaming machine entitlement; or (c) supplies or intends to supply testing services to any of the following- (i) gaming operators or manufacturers or suppliers; (ii) persons seeking approval of gaming equipment (within the meaning of the Casino Control Act 1991); (iii) the holder of the wagering licence or the wagering operator; (iiia) the holder of a public lottery licence; (iiib) the wagering and betting licensee; (iiic) the keno licensee; (iiid) a venue operator that holds a gaming machine entitlement; (iiie) the monitoring licensee; (iv) licensed providers. (2) An application must- (a) be in the form approved by the Commission and be accompanied by the prescribed fee; and (b) contain or be accompanied by any additional information the Commission requires. Note Division 1 of Part 4 of Chapter 10 provides for the investigation of an application for listing on the Roll. (3) Within 14 days after making an application, the applicant must cause to be published in a newspaper circulating generally in Victoria and, if the applicant's principal place of business is situated outside Victoria (whether in or outside Australia) in a newspaper circulating generally in that place, a notice containing- (a) the prescribed information; and (b) a statement that any person may object to the grant of the application by giving notice in writing to the Commission within 28 days after the date of publication stating the grounds for the objection. (4) If a requirement made by this section is not complied with, the Commission may refuse to consider the application. (5) A function of the Commission under this section (other than subsection (4)) may be performed by the Executive Commissioner. Gambling Regulation Act 2003 - SECT 3.4.62. Objections 3.4.62. Objections (1) A person may object to the grant of an application for listing on the Roll by giving notice in writing to the Commission within the time specified in section 3.4.61(3)(b). (2) The notice must state the grounds for the objection. Gambling Regulation Act 2003 - SECT 3.4.63. Determination of applications 3.4.63. Determination of applications (1) The Commission must determine an application by either granting or refusing the application and must notify the applicant in writing of the decision. (2) The application may be granted unconditionally or subject to any conditions the Commission thinks fit. (3) Without limiting the matters that the Commission may consider in determining whether or not to grant an application, the Commission must consider whether- (a) the applicant and each associate of the applicant is of good repute, having regard to character, honesty and integrity; and (b) each person is of sound and stable financial background; and (c) 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; and (d) any of those persons has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and (e) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be 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. (4) In determining whether to grant an application by a person referred to in section 3.4.61(1)(c), in addition to the matters referred to in subsection (3), the Commission must consider- (a) the technical competence of the applicant; and (b) whether the applicant has any connection to, or relationship with, a supplier or manufacturer listed on the Roll that would make it inappropriate for the applicant to be listed on the Roll. (5) The Commission must also consider every objection made in accordance with section 3.4.62. (6) Except as otherwise provided in this Act no appeal lies from the decision of the Commission. Gambling Regulation Act 2003 - SECT 3.4.64. Imposition and amendment of conditions 3.4.64. Imposition and amendment of conditions (1) A condition may be imposed on a person's listing on the Roll in accordance with this section. (2) The conditions of a person's listing on the Roll may be amended in accordance with this section. (3) A condition or an amendment may be proposed- (a) by the person listed on the Roll by requesting the Commission in writing to impose the condition or to make the amendment and giving reasons for the request; or (b) by the Commission by giving notice in writing of the proposed condition or amendment and giving reasons to the person listed on the Roll. (4) A condition or amendment proposed by the Commission must be in the public interest or for the proper conduct of gaming. (5) The Commission must give the person listed on the Roll 28 days to make submissions to the Commission concerning any proposed condition or amendment (whether proposed by the Commission or the person listed) and must consider the submissions made. (6) The person listed on the Roll may waive their right under subsection (5) to make submissions concerning a proposed condition or amendment by giving notice in writing signed by the person to the Commission. (7) The Commission must then decide whether to impose the proposed condition or make the proposed amendment (either as proposed or substantially to the same effect as proposed) and must notify the person listed on the Roll of its decision. (8) A condition or amendment takes effect when notice of the Commission's decision is given to the person listed on the Roll or on any later date that may be specified in the notice. Gambling Regulation Act 2003 - SECT 3.4.65. Disciplinary action 3.4.65. Disciplinary action (1) In this section- disciplinary action, in relation to a person listed on the Roll, means any of the following- (a) removing the person's name from the Roll; (b) issuing a letter of censure to the person; (c) imposing of a fine not exceeding an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 on the person; grounds for disciplinary action, in relation to a person listed on the Roll, means any of the following- (a) that the listing was improperly obtained in that, at the time the application for listing was granted, there were grounds for refusing it; (b) that a change in the situation of the person has taken place and they have failed to notify the Commission in accordance with section 3.8.1; (c) that the person, or any associate of the person, has been convicted of an offence against this Act or, whether or not in Victoria, of an offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more (whether or not in addition to a fine); (d) that the person has breached a condition to which their listing is subject; (e) that the person has provided information required by this Act to be provided, knowing it to be false or misleading; (f) that any machine or restricted component manufactured or supplied by the person is, in the opinion of the Commission, unreliable or otherwise unsatisfactory; (g) that any testing of gaming equipment or games by the person is unsatisfactory; (h) that for any reason, having regard to the matters set out in section 3.4.63(3) or otherwise, the person is not a suitable person to be listed on the Roll or an associate of the person is not suitable to be an associate of a person listed on the Roll. (2) The Commission may serve on a person listed on the Roll a notice in writing giving the person an opportunity to show cause within 28 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice. (3) The person listed on the Roll, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions so made. (4) The Commission may then take disciplinary action against the person listed on the Roll as the Commission sees fit and does so by giving written notice of the disciplinary action to the person. (5) If the disciplinary action is the removal of the person's name from the Roll, it takes effect when the notice under subsection (4) is given or at a later time specified in the notice. (6) If the disciplinary action is the imposition of a fine, the fine may be recovered as a debt due to the State. Gambling Regulation Act 2003 - SECT 3.4.66. Letter of censure 3.4.66. Letter of censure (1) Disciplinary action taken by the Commission under section 3.4.65(4) in the form of a letter of censure may censure the person listed on the Roll in respect of any matter connected with the person's business and may include a direction to the person to rectify within a specified time any matter giving rise to the censure. (2) If a direction given in a letter of censure is not complied with in the specified time, the Commission may, by giving written notice to the person listed on the Roll, do either or both of the following without giving the person a further opportunity to be heard- (a) remove the person's name from the Roll; (b) fine the person an amount not exceeding an amount that is 5000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004. Gambling Regulation Act 2003 - SECT 3.4.67. Voluntary removal from Roll 3.4.67. Voluntary removal from Roll A person listed on the Roll may, by notice in writing signed by the person, request the Commission to remove the name of the person from the Roll and if so, the Commission must remove the name as requested. Gambling Regulation Act 2003 - SECT 3.4.68. Payments etc. to venue operator unlawful 3.4.68. Payments etc. to venue operator unlawful (1) A person listed on the Roll (other than a gaming operator) or an employee or associate of such a person, must not make, either directly or indirectly, payment to or confer a benefit on a venue operator. Penalty: 1000 penalty units or imprisonment for 2 years or both. (2) A venue operator must not receive any benefit whatsoever from a person listed on the Roll (other than a gaming operator) or an employee or associate of such a person. Penalty: 1000 penalty units or imprisonment for 2 years or both. (3) Subsection (2) does not apply to a venue operator who is a casino operator. __________________ PART 4A-GAMING MACHINE ENTITLEMENTS Division 1-Requirement to hold gaming machine entitlements and authority conferred by them Gambling Regulation Act 2003 - SECT 3.4A.1. Requirement to hold gaming machine entitlements 3.4A.1. Requirement to hold gaming machine entitlements (1) On and after the day declared by the Minister under subsection (2) (the gaming machine entitlement declared day), the conduct of gaming in an approved venue is lawful only if- (a) the venue operator holds a gaming machine entitlement that authorises the conduct of that gaming; and (b) the gaming is conducted in accordance with any conditions to which the gaming machine entitlement is subject; and (c) no gaming in that venue is conducted concurrently under that gaming machine entitlement and a gaming licence or a gaming operator's licence. (2) For the purposes of this Part, the Minister, by notice published in the Government Gazette, may declare a day on and after which a venue operator must hold a gaming machine entitlement to conduct gaming in an approved venue. (3) The Minister may declare different days in relation to different gaming machine entitlements. (4) At any time before a gaming machine entitlement declared day has occurred, the Minister, by notice published in the Government Gazette, may substitute another day (that is not a day that has passed) to be the gaming machine entitlement declared day for the purposes of the gaming machine entitlements. (5) A gaming machine entitlement declared day may be substituted by notice under subsection (4) more than once under this section. Gambling Regulation Act 2003 - SECT 3.4A.2. Authority conferred by gaming machine entitlements 3.4A.2. Authority conferred by gaming machine entitlements (1) A gaming machine entitlement authorises the venue operator that holds the entitlement, subject to this Act, any related agreement referred to in section 3.4A.6 and any conditions to which the entitlement is subject- (a) to acquire approved gaming machines and restricted components; and (b) to conduct gaming on one approved gaming machine in an approved venue operated by the venue operator; and (c) to do all things necessarily incidental to carrying on the activities authorised by the section. (2) A gaming machine entitlement does not authorise the entitlement holder to engage in any business by way of- (a) manufacture of gaming machines or restricted components; or (b) supply of approved gaming machines or restricted components to any person; or (c) service, repair or maintenance of gaming equipment or games. Division 2-Gaming machine entitlement allocation and transfer rules Gambling Regulation Act 2003 - SECT 3.4A.3. Gaming machine entitlement allocation and transfer rules 3.4A.3. Gaming machine entitlement allocation and transfer rules (1) The Minister may make rules for or with respect to- (a) the process for the allocation of gaming machine entitlements under section 3.4A.5; (b) the transfer (including the method of transfer) of gaming machine entitlements- (i) between venue operators; (ii) between the Minister and a venue operator. (2) Gaming machine entitlement allocation and transfer rules may- (a) apply generally or be of limited application; (b) apply differently according to differences in time, place or circumstance; (c) leave any matter or thing to be from time to time determined, applied, dispensed with or regulated by the Minister or the Commission. (3) The rules must be published in the Government Gazette. (4) The rules take effect on the day that they are published in the Government Gazette or on such later date as is specified in the rules. Gambling Regulation Act 2003 - SECT 3.4A.4. Directions to the Commission in relation to allocation and transfers of gaming machine entitlements 3.4A.4. Directions to the Commission in relation to allocation and transfers of gaming machine entitlements (1) The Minister, by written notice, may direct the Commission about any matter or thing left to be determined, applied, dispensed with or regulated by the Commission under the gaming machine entitlement allocation and transfer rules. (2) A direction under subsection (1) must not be inconsistent with the gaming machine entitlement allocation and transfer rules. (3) The Commission must comply with a direction under subsection (1). Division 3-Creation and allocation of gaming machine entitlements Gambling Regulation Act 2003 - SECT 3.4A.5. Minister may create and allocate gaming machine entitlements 3.4A.5. Minister may create and allocate gaming machine entitlements (1) Subject to this section, the Minister may from time to time- (a) create gaming machine entitlements; (b) allocate gaming machine entitlements to venue operators, including gaming machine entitlements forfeited to the State under Division 6, 7 or 8. (2) The Minister- (a) must not create more gaming machine entitlements than the Minister has specified in a notice under subsection (3); and (b) must not allocate a club gaming machine entitlement to a venue operator who does not hold a club venue operator's licence. (3) The Minister, by notice published in the Government Gazette, must specify the maximum number of gaming machine entitlements the Minister will create under subsection (1). (4) Subject to subsections (5) to (8), the Minister must impose on a gaming machine entitlement he or she allocates- (a) a condition that specifies the region or municipal district in which gaming may be conducted under that entitlement (a geographic area condition); and (b) a condition that specifies the type of approved venue in which gaming may be conducted under that entitlement (a venue condition). (5) The imposition of geographic area conditions under subsection (4)(a) must result in at least 20% of all gaming machine entitlements created authorising the conduct of gaming in a region or municipal district outside the Melbourne Statistical Division. (6) The imposition of venue conditions under subsection (4)(b) must not result in- (a) more than 50% of gaming machine entitlements created authorising the conduct of gaming in an approved venue in respect of which a pub licence is in force; and (b) more than 50% of gaming machine entitlements created authorising the conduct of gaming in an approved venue in respect of which a club licence or racing club licence is in force. Note In addition to specifying, under subsection (3), the maximum number of gaming machine entitlements the Minister will create, the Minister may direct the Commission as to the maximum permissible number of gaming machines available for gaming in the State and the Commission is bound by such a direction: see section 3.2.3(1)(a) and (5). (7) In addition, a geographic area condition to which a gaming machine entitlement is subject must not be inconsistent with a direction under section 3.2.3 or an order under section 3.2.4. (8) In addition, a venue condition to which a gaming machine entitlement is subject must not be inconsistent with a direction under section 3.2.3. (9) The Minister may determine- (a) the process for allocating gaming machine entitlements; (b) whether an amount or amounts must be paid by a person to whom a gaming machine entitlement is allocated; (c) the terms and conditions for any payment for a gaming machine entitlement; (d) the requirements to be complied with by a person wishing to participate in the process for allocating gaming machine entitlements including any eligibility criteria; (e) the day on which a gaming machine entitlement takes effect. (10) The process and the requirements determined under subsection (9)(a) and (d) may be a process or requirements specified under the gaming machine entitlement allocation and transfer rules. (11) The matters or things determined under subsection (9)(a), (d) and (e) must be published in the Government Gazette. Gambling Regulation Act 2003 - SECT 3.4A.6. Minister may refuse to allocate gaming machine entitlement if related agreements not entered into 3.4A.6. Minister may refuse to allocate gaming machine entitlement if related agreements not entered into (1) Despite section 3.4A.5, the Minister may refuse to allocate a gaming machine entitlement to a venue operator unless the operator enters into an agreement with the Minister, or a person nominated by the Minister, that deals with matters related to the gaming machine entitlement. (2) The Minister must give a copy of any agreement referred to in subsection (1) to the Commission. Gambling Regulation Act 2003 - SECT 3.4A.6A. Directions in relation to related agreements with Minister 3.4A.6A. Directions in relation to related agreements with Minister (1) Subject to this section, the Minister, by written notice, may direct a venue operator that holds a gaming machine entitlement to enter into an agreement with the Minister that deals with matters related to the gaming machine entitlement. (2) Before giving a direction under subsection (1), the Minister must consult with the venue operator. (3) A direction under subsection (1)- (a) must warn the venue operator of the Minister's powers under this section; and (b) must be accompanied by a copy of this section; and (c) may specify the terms or kinds of terms to be contained in an agreement to be entered into; and (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (e) may specify a date by which an agreement is to be entered into. (4) A venue operator to which this section applies must comply with a direction under subsection (1). (5) The venue operator must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. Gambling Regulation Act 2003 - SECT 3.4A.7. Duration of gaming machine entitlements 3.4A.7. Duration of gaming machine entitlements (1) A gaming machine entitlement- (a) takes effect on the day determined by the Minister under section 3.4A.5(9)(e); and (b) subject to subsection (2), remains in force for a period of 10 years (whether or not the gaming machine entitlement is forfeited to the State under Division 6, 7 or 8 and allocated to another venue operator during that period). (2) A gaming machine entitlement may be terminated earlier under this Act, or extended under this section for the period determined by the Minister under this section. (3) If invited by the Minister to do so, a venue operator may apply to the Minister, before the gaming machine entitlement expires, for an extension of the entitlement. (4) On application under subsection (3), the Minister may, after consulting the Commission, extend the gaming machine entitlement for a period not exceeding 2 years from the day it would otherwise expire. (5) The Minister may require the venue operator to pay an amount determined by the Minister for the extension of the gaming machine entitlement. (6) A gaming machine entitlement may be extended only once. Gambling Regulation Act 2003 - SECT 3.4A.8. Gaming machine entitlements to be noted on Register 3.4A.8. Gaming machine entitlements to be noted on Register (1) The Minister must give the Commission the following information in respect of a gaming machine entitlement- (a) the day on which the gaming machine entitlement was allocated; (b) the name and address of the venue operator to which the gaming machine entitlement was allocated; (c) the geographic area conditions and venue conditions to which the gaming machine entitlement is subject; (d) the day on which the gaming machine entitlement takes effect. (2) On receiving information under subsection (1), the Commission must record that information in the entry in the Register relating to the venue operator to which the gaming machine entitlement was allocated. (3) A function of the Commission under this section may be performed by any commissioner. Gambling Regulation Act 2003 - SECT 3.4A.9. Gaming machine entitlements may authorise preparatory action 3.4A.9. Gaming machine entitlements may authorise preparatory action (1) This section applies to a gaming machine entitlement if the entitlement takes effect on a day that is later than the day of issue of the entitlement. (2) The gaming machine entitlement may authorise the venue operator that holds the entitlement to take preparatory action from a time specified in the entitlement (which may be the time of issue) even though the entitlement has not taken effect. (3) An authorisation under subsection (2) may specify a single time from which any preparatory action may be taken or different times from which different kinds of preparatory action may be taken. (4) Despite section 3.4A.7(1)(a), the gaming machine entitlement is taken to be in effect for the purpose of any preparatory action taken in accordance with an authorisation under subsection (2). (5) No account is to be had to this section in determining the duration of the entitlement under section 3.4A.7(1)(b). (6) In this section- preparatory action means- (a) acquiring approved gaming machines and restricted components; (b) doing all things necessarily incidental to carrying on an activity authorised by paragraph (a). Gambling Regulation Act 2003 - SECT 3.4A.10. States rights in relation to allocated gaming machine entitlements 3.4A.10. States rights in relation to allocated gaming machine entitlements A venue operator holds a gaming machine entitlement subject to- (a) the exercise of any power or the performance of any function by or on behalf of the State in relation to that entitlement under this Act; and (b) any agreement between the Minister, or a nominee of the Minister, and the venue operator under section 3.4A.6. Gambling Regulation Act 2003 - SECT 3.4A.11. No entitlement to or legitimate expectation of approval of venue 3.4A.11. No entitlement to or legitimate expectation of approval of venue (1) This section applies if- (a) the Minister allocates a gaming machine entitlement to a venue operator; and (b) that gaming machine entitlement is subject to a geographic area condition or venue condition. (2) To avoid doubt, a venue operator does not, by reason only that the operator is the holder of a gaming machine entitlement, have any entitlement to, or legitimate expectation of- (a) premises being approved under Part 3 to enable the venue operator to conduct gaming under that entitlement in those premises; or (b) any other approval under this Act to enable the venue operator to conduct gaming under that entitlement in those premises. Gambling Regulation Act 2003 - SECT 3.4A.11A. Related agreements between venue operators and monitoring licensee 3.4A.11A. Related agreements between venue operators and monitoring licensee (1) Subject to this section, the Minister may, by written notice, direct a venue operator that holds a gaming machine entitlement to enter into an agreement with the monitoring licensee dealing with matters relating to the provision of monitoring services to the venue operator by the monitoring licensee. (2) Before giving a direction under subsection (1), the Minister must consult with the venue operator and the monitoring licensee. (3) A direction under subsection (1)- (a) must warn the venue operator of the Minister's powers under this section; and (b) must be accompanied by a copy of this section; and (c) may specify the terms or kinds of terms to be contained in an agreement to be entered into; and (d) may specify the terms or kinds of terms that must not be in an agreement or class of agreements to be entered into; and (e) may specify a date by which an agreement is to be entered into. (4) A venue operator to which this section applies must comply with a direction under subsection (1). (5) The venue operator must give a copy of any agreement entered into in compliance with a direction under subsection (1) to the Commission. Gambling Regulation Act 2003 - SECT 3.4A.11B. No compensation payable because of a direction to enter into related agreements 3.4A.11B. No compensation payable because of a direction to enter into related agreements No compensation is payable by the State because of a direction under section 3.4A.11A or the entering into an agreement in compliance with a direction under section 3.4A.11A. Division 4-Amendment of gaming machine entitlement conditions Gambling Regulation Act 2003 - SECT 3.4A.12. Request for amendment of geographic area condition or venue condition 3.4A.12. Request for amendment of geographic area condition or venue condition (1) A venue operator that holds a gaming machine entitlement may request the Commission to amend a geographic area condition or venue condition to which that gaming machine entitlement is subject. (2) A request under this section must be- (a) in the form approved by the Commission; and (b) accompanied by the prescribed fee and any information the Commission requires. (3) The Commission may require the venue operator to provide any further information or any documents to the Commission in connection with the request. (4) If this section or a requirement made by the Commission under this section is not complied with, the Commission may refuse to consider the request. Gambling Regulation Act 2003 - SECT 3.4A.13. Commission decision on the request 3.4A.13. Commission decision on the request (1) On receiving a request under section 3.4A.12, the Commission must- (a) decide whether to make the requested amendment to the geographic area condition or venue condition, either with or without changes from that originally requested; and (b) notify the venue operator of its decision. (2) Subject to this section, in deciding whether or not to make the requested amendment, the Commission may take into account any other matter the Commission considers relevant. (3) The effect of a decision of the Commission to amend a geographic area condition must not be inconsistent with the effect of section 3.4A.5(5). (4) The effect of a decision of the Commission to amend a venue condition must not be inconsistent with the effect of section 3.4A.5(6). (5) In addition, a decision of the Commission that amends a geographic area condition or venue condition, must not be inconsistent with- (a) in the case of a decision that amends a geographic area condition, a direction under section 3.2.3 or an order under section 3.2.4; (b) in the case of a decision that amends a venue condition, a direction under section 3.2.3. (6) An amendment to a geographic area condition or venue condition takes effect when notice of the Commission's decision is given to the entitlement holder or at any later time that may be specified in the notice. Gambling Regulation Act 2003 - SECT 3.4A.14. Commission must record amendment in Register 3.4A.14. Commission must record amendment in Register (1) The Commission must by the date an amendment to a geographic area condition or venue condition takes effect make the necessary amendment to the entry in the Register in respect of that geographic area condition or venue condition. (2) A function of the Commission under this section may be performed by any commissioner. Division 5-Transfer of gaming machine entitlements Gambling Regulation Act 2003 - SECT 3.4A.15. Fee payable for gaming machine entitlement transfers 3.4A.15. Fee payable for gaming machine entitlement transfers (1) A specified payer must pay the prescribed fee in respect of the transfer of a gaming machine entitlement to a specified payee. (2) In this section- specified payee means the person specified by the Minister under the gaming machine entitlement allocation and transfer rules as the specified payee for the purposes of subsection (1); specified payer means the venue operator- (a) that is a party to the transfer of a gaming machine entitlement; and (b) that is specified by the Minister under the gaming machine entitlement allocation and transfer rules as the specified payer for the purposes of subsection (1). Gambling Regulation Act 2003 - SECT 3.4A.16. Gaming machine entitlements cannot be transferred to persons other than venue operators 3.4A.16. Gaming machine entitlements cannot be transferred to persons other than venue operators (1) A venue operator must not transfer a gaming machine entitlement to a person who is not a venue operator. (2) An agreement that purports to transfer a gaming machine entitlement to a person who is not a venue operator is void. (3) An arrangement or deed that purports to transfer a gaming machine entitlement to a person who is not a venue operator is of no effect. Gambling Regulation Act 2003 - SECT 3.4A.17. Gaming machine entitlements must be transferred in accordance with allocation and transfer rules 3.4A.17. Gaming machine entitlements must be transferred in accordance with allocation and transfer rules (1) A venue operator must not transfer a gaming machine entitlement the operator holds to another person other than in accordance with this Act and the gaming machine entitlement allocation and transfer rules. (2) An agreement that purports to transfer a gaming machine entitlement to a person other than in accordance with this Act and the gaming machine entitlement allocation and transfer rules is void. (3) An arrangement or deed that purports to transfer a gaming machine entitlement to a person other than in accordance with this Act and the gaming machine entitlement allocation and transfer rules is of no effect. Gambling Regulation Act 2003 - SECT 3.4A.17A. Related agreements must be entered into before gaming machine entitlement may be transferred 3.4A.17A. Related agreements must be entered into before gaming machine entitlement may be transferred Despite anything to the contrary in this Division, a venue operator cannot transfer a gaming machine entitlement to another venue operator (the transferee) unless the transferee has entered into an agreement referred to in section 3.4A.6 or 3.4A.6A with the Minister, or a person nominated by the Minister, that deals with matters related to the gaming machine entitlement. Gambling Regulation Act 2003 - SECT 3.4A.18. Gaming machine entitlements that are transferred before specified date 3.4A.18. Gaming machine entitlements that are transferred before specified date (1) This section applies if a venue operator, in accordance with the gaming machine entitlement allocation and transfer rules, transfers a gaming machine entitlement to another venue operator before the day that is 6 months after the gaming machine entitlement declared day that applies to that entitlement. (2) The venue operator must pay to the Treasurer the amount of 75% of the prescribed profit obtained by the operator from the transfer unless the operator has been granted an exemption under section 3.4A.19. (3) The Treasurer may recover an amount specified in subsection (2) as a debt due to the State. (4) In this section- financial benefit means anything of economic or market value and includes- (a) property and services; (b) any benefit specified in the regulations to be a financial benefit; profit includes the value of a financial benefit. Gambling Regulation Act 2003 - SECT 3.4A.19. Exemption from requirement to pay 75% of prescribed profit obtained on transfer 3.4A.19. Exemption from requirement to pay 75% of prescribed profit obtained on transfer (1) The Treasurer, on the application of a venue operator, may exempt the operator from the requirement in section 3.4A.18(2) to pay to the Treasurer the amount of 75% of prescribed profit obtained by the operator. (2) The Treasurer may only give an exemption if- (a) the Treasurer is satisfied that the reason for the transfer was that a government agency has refused to grant or give a relevant authority in respect of the premises (the rejected premises) at which gaming was intended to be conducted by means of an approved gaming machine under the gaming machine entitlement; and (b) the gaming machine entitlement is subject to a geographic area condition that authorises the conduct of gaming in the region or municipal district that the rejected premises is or is to be situated. (3) In this section- government agency means- (a) the Commission; (b) a responsible authority within the meaning of the Planning and Environment Act 1987; (c) the Director within the meaning of the Liquor Control Reform Act 1998; (d) the Minister administering section 24A of the Racing Act 1958; relevant authority means- (a) an approval of premises under Part 3 of this Chapter; (b) a permit issued under the Planning and Environment Act 1987 permitting the premises to be used for gaming on gaming machines; (c) a pub licence; (d) a club licence; (e) a racing club licence. Gambling Regulation Act 2003 - SECT 3.4A.20. Hospitals and Charities Fund 3.4A.20. Hospitals and Charities Fund In respect of each financial year, an amount equal to the sum of the amounts paid to the Treasurer under section 3.4A.18 in respect of that year must be paid out of the Consolidated Fund (which is appropriated to the necessary extent) into the Hospitals and Charities Fund. Division 6-Forfeiture of gaming machine entitlements not used for conduct of gaming Gambling Regulation Act 2003 - SECT 3.4A.21. Definition 3.4A.21. Definition In this Division- relevant holding period, in relation to a gaming machine entitlement, has the meaning given by section 3.4A.22. Gambling Regulation Act 2003 - SECT 3.4A.22. Meaning of relevant holding period 3.4A.22. Meaning of relevant holding period (1) The relevant holding period is- (a) the period of 6 months commencing on the gaming machine entitlement declared day that applies to the gaming machine entitlement; or (b) if a gaming machine entitlement has been transferred after the gaming machine entitlement declared day that applies to that entitlement, the period of 6 months commencing on the day the gaming machine entitlement is transferred to a venue operator; or (c) if the period referred to in paragraph (a) or (b) is extended under section 3.4A.25, that period as extended. (2) However, the relevant holding period is not to be taken to include any period during which the venue operator's licence of the venue operator that holds the gaming machine entitlement is suspended under section 3.4.25(4) or 3.4.26(2). Gambling Regulation Act 2003 - SECT 3.4A.23. Gaming under gaming machine entitlements must be commenced within relevant holding period 3.4A.23. Gaming under gaming machine entitlements must be commenced within relevant holding period A venue operator must commence the conduct of gaming by means of an approved gaming machine under a gaming machine entitlement within the relevant holding period. Gambling Regulation Act 2003 - SECT 3.4A.24. Gaming machine entitlements forfeited to State if gaming not commenced within relevant holding period 3.4A.24. Gaming machine entitlements forfeited to State if gaming not commenced within relevant holding period If a venue operator does not comply with section 3.4A.23, the gaming machine entitlement held by the venue operator, and to which that section applies, is forfeited to the State on- (a) if the venue operator has not made an application under section 3.4A.25 to extend the relevant holding period, the day after that period expires; (b) if the venue operator has made an application under section 3.4A.25 to extend the relevant holding period, the day after the day the Commission refuses to extend that period under that section; (c) if the venue operator has made an application under section 3.4A.25 to extend the relevant holding period and the Commission has extended the relevant holding period under that section, the day after that period, as extended, expires. Gambling Regulation Act 2003 - SECT 3.4A.25. Commission may extend relevant holding period 3.4A.25. Commission may extend relevant holding period (1) A venue operator may apply to the Commission for an extension to the relevant holding period. (2) An application under subsection (1)- (a) must be made- (i) if the relevant holding period has not been previously extended under this section- (A) before the day that is 6 months after the gaming machine entitlement declared day that applies to the gaming machine entitlement; or (B) if a gaming machine entitlement has been transferred after the gaming machine entitlement declared day that applies to that entitlement, before the day that is 6 months after the day the gaming machine entitlement was transferred to the venue operator; (ii) if the relevant holding period has been previously extended under this section, before the day that period, as extended, expires; and (b) must be in writing; and (c) must set out the reason for the application; and (d) must be accompanied by the prescribed fee (if any). (3) If required to do so by the Commission, a venue operator must give the Commission any information that the Commission reasonably considers it requires in order for it to properly consider the application. (4) On receiving an application under subsection (1), the Commission may extend the relevant holding period if the Commission is of the opinion that it is reasonable to do so in the circumstances. (5) To avoid doubt, a venue operator may apply under subsection (1) more than once for an extension to the relevant holding period. Division 7-Forfeiture of gaming machine entitlements following disciplinary action, surrender of licence or expiry Gambling Regulation Act 2003 - SECT 3.4A.26. Gaming machine entitlements forfeited if venue operator's licence cancelled, surrendered or not renewed 3.4A.26. Gaming machine entitlements forfeited if venue operator's licence cancelled, surrendered or not renewed (1) This section applies if a venue operator's licence held by a venue operator- (a) is cancelled by the Commission under section 3.4.25(4); or (b) expires; or (c) is surrendered by the venue operator. (2) On the relevant day, every gaming machine entitlement held by the venue operator is forfeited to the State. (3) In this section- licence cancellation day means- (a) the day on which a notice under section 3.4.25(4) takes effect; or (b) if an appeal has been instituted under section 3.9.5 in respect of a decision of the Commission under section 3.4.25(4) to cancel the venue operator's licence, the day after the day on which that appeal is finally determined and the decision is affirmed; relevant day means- (a) if the venue operator's licence is cancelled by the Commission under section 3.4.25(4), the licence cancellation day; (b) if the venue operator's licence expires, on the day after it expires; (c) if the venue operator surrenders its venue operator's licence, the day after the day the licence is surrendered. Division 8-Forfeiture of gaming machine entitlements following default under related agreement Gambling Regulation Act 2003 - SECT 3.4A.27. Gaming machine entitlements forfeited if venue operator defaults under related agreement 3.4A.27. Gaming machine entitlements forfeited if venue operator defaults under related agreement (1) This section applies if- (a) a provision of a related agreement referred to in section 3.4A.6 provides for the forfeiture of a gaming machine entitlement to the State in circumstances specified in that agreement; and (b) that provision is expressed to be a forfeiture provision for the purposes of this section; and (c) that agreement specifies the date on which the gaming machine entitlement is to be forfeited to the State following the occurrence of the specified circumstances (the relevant date). (2) On the relevant date the gaming machine entitlement is forfeited to the State. Division 9-Extinguishment of interests and rights in gaming machine entitlements Gambling Regulation Act 2003 - SECT 3.4A.28. Extinguishment 3.4A.28. Extinguishment (1) This section applies if a gaming machine entitlement is forfeited to the State under Division 6, 7 or 8. (2) On the day the gaming machine entitlement is forfeited to the State, any interest, right or privilege in or to which that entitlement is subject (other than an interest, right or privilege held by, or granted in favour of, the State) is, by force of this section, extinguished. Gambling Regulation Act 2003 - SECT 3.4A.29. No compensation payable because of extinguishment 3.4A.29. No compensation payable because of extinguishment No compensation is payable by the State to any person because of the operation of section 3.4A.28. Division 10-Forfeited gaming machine entitlements Gambling Regulation Act 2003 - SECT 3.4A.30. Application of Division 3.4A.30. Application of Division This Division applies to all gaming machine entitlements forfeited to the State under Division 6, 7 or 8. Gambling Regulation Act 2003 - SECT 3.4A.31. No compensation payable because of forfeiture of gaming machine entitlements 3.4A.31. No compensation payable because of forfeiture of gaming machine entitlements Except as otherwise provided under this Division, no compensation is payable by the State to any person as a result of the forfeiture of a gaming machine entitlement under Division 6, 7 or 8. Gambling Regulation Act 2003 - SECT 3.4A.32. Amounts owed to the State in relation to gaming machine entitlements become immediately payable 3.4A.32. Amounts owed to the State in relation to gaming machine entitlements become immediately payable (1) On and after the day on which a gaming machine entitlement is forfeited to the State under Division 6, 7 or 8, any amount owed to the State (under an agreement or otherwise) for the allocation of the gaming machine entitlement to the venue operator becomes immediately due and payable to the State. (2) An amount referred to in subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the State. (3) This section applies despite any agreement to the contrary. Gambling Regulation Act 2003 - SECT 3.4A.33. Payment of proceeds from forfeited gaming machine entitlements that are allocated again 3.4A.33. Payment of proceeds from forfeited gaming machine entitlements that are allocated again (1) The proceeds arising from the allocation of a gaming machine entitlement forfeited under Division 6, 7 or 8 (less any State-owed amounts) must be paid to the venue operator who forfeited that entitlement under Division 6, 7 or 8. Note Under section 3.4A.5(1)(b), the Minister may allocate gaming machine entitlements forfeited under Division 6, 7 or 8. (2) In this section- State-owed amounts means the sum of- (a) the prescribed costs of sale; and (b) any amount owed to the State by the venue operator of the forfeited entitlement; and (c) any fines imposed on the entitlement holder under section 3.4.25. Division 11-General Gambling Regulation Act 2003 - SECT 3.4A.34. Trade Practices Act and Competition Code authorisation 3.4A.34. Trade Practices Act and Competition Code authorisation (1) For the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code, the following things are authorised by this Act- (a) entering into a related agreement referred to in section 3.4A.6, 3.4A.6A, 3.4A.11A or 3.4A.17A; (b) amending a related agreement referred to in section 3.4A.6, 3.4A.6A, 3.4A.11A or 3.4A.17A; (c) giving effect to a related agreement referred to in section 3.4A.6, 3.4A.6A, 3.4A.11A or 3.4A.17A (whether amended or not). (2) In this section- giving effect to, in relation to a related agreement, includes- (a) complying with any obligation under the agreement; and (b) exercising or enforcing any right or power under the agreement. __________________ PART 5-CONTROL OF GAMING Division 1AA-Interpretation Gambling Regulation Act 2003 - SECT 3.5.1AA. Definition 3.5.1AA. Definition In this Part- entitlement holder has the same meaning as in section 3.2A.1. Division 1-Manufacturing and obtaining gaming machines Gambling Regulation Act 2003 - SECT 3.5.1. Manufacture, sale, supply, obtaining or possession of gaming machines 3.5.1. Manufacture, sale, supply, obtaining or possession of gaming machines (1) A person must not manufacture, sell, supply, obtain or be in possession of a gaming machine or a restricted component except in accordance with this Act. Penalty: 1000 penalty units or imprisonment for 2 years or both. (2) A person is guilty of an offence against this subsection if the person commits an offence against subsection (1) as part of a commercial enterprise. Penalty: Imprisonment for 6 years. (3) An offence against subsection (2) is an indictable offence. (4) A person may manufacture, sell, supply, obtain or be in possession of a gaming machine or restricted component if- (a) the machine or component is for use outside Victoria; and (b) the person has the written authority of the Commission. (5) The authority of the Commission- (a) may be subject to any terms, conditions or limitations that the Commission thinks fit; and (b) may be granted for any period determined by the Commission; and (c) may be renewed, with or without variation, from time to time. (6) For the purposes of this section, a person is to be taken to be in possession of a gaming machine or a restricted component if- (a) the machine or component is in the physical possession or custody or control of the person or is on land or in premises occupied, used or controlled by the person; or (b) the person controls access, either solely or jointly with other persons, to the machine. (7) A function of the Commission under this section may be performed by any commissioner. Gambling Regulation Act 2003 - SECT 3.5.2. Gaming machine contracts to be approved by Commission 3.5.2. Gaming machine contracts to be approved by Commission (1) In this section- contract includes any kind of agreement or arrangement; relevant contract means a contract between a gaming operator and a venue operator for the supply and operation of gaming machines. (2) A gaming operator must not enter into a relevant contract unless the contract is- (a) in accordance with a form approved by the Commission; or (b) approved by the Commission before it is entered into. Penalty: 100 penalty units. (3) The Commission must not approve a relevant contract if in the opinion of the Commission the contract- (a) is harsh and unconscionable; or (b) is not in the public interest; or (c) jeopardises the integrity and conduct of gaming; or (d) is inconsistent with the objectives of this Act; or (e) contravenes this Act. (4) A relevant contract entered into in contravention of subsection (2) is void. Division 2-Controls over gaming machines and games Gambling Regulation Act 2003 - SECT 3.5.3. Commission's standards for gaming machine types and games 3.5.3. Commission's standards for gaming machine types and games (1) The Commission, with the approval of the Minister, may make and amend standards for gaming machine types and games. (2) Before making or amending a standard, the Commission must consult- (a) each manufacturer or supplier of gaming machines who is listed on the Roll; and (b) each gaming operator; and (ba) each entitlement holder whose interests the Commission considers will be adversely affected by the making or amendment of the standard; and (c) each casino operator. (3) The Commission must- (a) publish each standard, and each amendment to a standard, on the Internet; and (b) publish a notice of the making or amending of each standard in the Government Gazette. (4) A standard, or an amendment to a standard, comes into force 6 months after the day on which the notice is published under subsection (3)(b) or at the later time specified in the notice. (5) A function of the Commission under this section may be performed by any commissioner. Gambling Regulation Act 2003 - SECT 3.5.4. Approval of gaming machine types and games 3.5.4. Approval of gaming machine types and games (1) The Commission may, subject to payment of the prescribed fee, accept for evaluation gaming machine types and games. (2) The Commission may require a person who submits a gaming machine type or game under subsection (1) to provide any additional information or material that the Commission considers necessary for the evaluation. (3) The Commission may approve or refuse to approve a gaming machine type or a game, having regard to- (a) player return, game fairness and security and responsible gambling; and (b) any standards in force under section 3.5.3; and (c) the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c). (4) An approval under this section is subject to any conditions imposed by the Commission. (5) On and after the first gaming machine entitlement declared day declared by the Minister under section 3.4A.1, only a person listed on the Roll who manufactures approved gaming machines or restricted components may submit a gaming machine type or game under subsection (1). Gambling Regulation Act 2003 - SECT 3.5.5. Variation of gaming machine types and games 3.5.5. Variation of gaming machine types and games (1) If a gaming machine type is varied in a material particular from the gaming machine type approved by the Commission- (a) the machine type as varied is not approved under this section; and (b) the variation must be approved by the Commission before the machine type as varied may be used. (2) If a game is varied in any respect from the game approved by the Commission- (a) the game as varied is not approved under this section; and (b) the variation must be approved by the Commission before the game as varied may be used. (3) The Commission may approve or refuse to approve a variation to a gaming machine type or a game, having regard to- (a) player return, game fairness and security and responsible gambling; and (b) any standards in force under section 3.5.3; and (c) the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c). (4) An approval of a variation is subject to any conditions imposed by the Commission. (5) A gaming operator, entitlement holder or casino operator must not use a gaming machine type or game which has been varied in a way that requires approval under this section unless the Commission has given its approval to the variation. Penalty: 100 penalty units. (6) A function of the Commission under this section may be performed by any commissioner. Gambling Regulation Act 2003 - SECT 3.5.6. Withdrawal of approval 3.5.6. Withdrawal of approval (1) The Commission may withdraw the approval of an approved gaming machine type or game if the Commission considers it necessary or appropriate in the public interest or for the proper conduct of gaming. (2) If approval is withdrawn under subsection (1), the Commission must give written notice of the withdrawal to- (a) the person who submitted the gaming machine type or game under section 3.5.4; and (b) venue operators, gaming operators and casino operators using any gaming machine of that gaming machine type or including that game- and must specify in the notice the time within which the gaming machine type or game must be removed from use. (3) If approval is withdrawn under subsection (1), the Commission must allow a gaming operator, entitlement holder or casino operator a reasonable time within which to remove the gaming machine type or game from use unless there is an immediate threat to the public interest. (4) Subject to subsection (3), a gaming operator, entitlement holder or casino operator must not permit a gaming machine to be played if- (a) the machine is of a type in respect of which the Commission has withdrawn approval under subsection (1); and (b) notice has been given to the gaming operator, entitlement holder or casino operator (as the case requires) under subsection (2). Penalty: 1000 penalty units. (5) Subject to subsection (3), a gaming operator, entitlement holder or casino operator must not permit a game to be played if- (a) the Commission has withdrawn approval of that game under subsection (1); and (b) notice has been given to the gaming operator, entitlement holder or casino operator (as the case requires) under subsection (2). Penalty: 1000 penalty units. Gambling Regulation Act 2003 - SECT 3.5.7. Linked jackpots unlawful without approval 3.5.7. Linked jackpots unlawful without approval (1) A person must not, without the approval of the Commission, install or cause to be installed a linked jackpot arrangement. Penalty: 100 penalty units. (2) This section does not apply to the installation of a linked jackpot arrangement in a casino. Gambling Regulation Act 2003 - SECT 3.5.8. Identification of machines 3.5.8. Identification of machines (1) The Commission must cause an identification number to be issued for each gaming machine. (2) The Commission may, at any time after the issue of an identification number for a gaming machine, cause the issue of a new identification number for that gaming machine. (3) A gaming operator or entitlement holder must not possess a gaming machine unless there is securely affixed on one internal and one external surface of the cabinet of the gaming machine a label showing- (a) the identification number issued under subsection (1) or (2); and (b) any other particulars that the Commission considers appropriate. Penalty: 60 penalty units. (4) A person must not service, maintain or repair a gaming machine that does not have affixed to it an identification number issued under subsection (1) or (2). Penalty: 250 penalty units or imprisonment for 12 months or both. (5) A function of the Commission under this section may be performed by any commissioner. (6) This section does not apply to a gaming machine in a casino. Gambling Regulation Act 2003 - SECT 3.5.9. Gaming prohibited on unprotected devices 3.5.9. Gaming prohibited on unprotected devices (1) A venue operator or gaming operator must not without lawful excuse be in possession of or permit gaming on a gaming machine unless the computer cabinet of the gaming machine is securely sealed with a seal in accordance with procedures approved by the Commission. Penalty: 400 penalty units or imprisonment for 2 years or both. (2) At any time when a seal on a computer cabinet has been broken, the venue operator must not permit gaming on the gaming machine until the gaming machine has been re-sealed in accordance with procedures approved by the Commission. Penalty: 400 penalty units or imprisonment for 2 years or both. (3) A function of the Commission under this section may be performed by any commissioner. Gambling Regulation Act 2003 - SECT 3.5.10. Unlawful interference with gaming equipment 3.5.10. Unlawful interference with gaming equipment (1) A person must not- (a) be in possession of any device made or adapted, or intended by the person to be used, for improperly interfering with gaming equipment; or (b) do any act or thing calculated, or likely, to improperly interfere with gaming equipment; or (c) insert, or cause to be inserted, in a gaming machine any thing other than a gaming token of the denomination or type displayed on the gaming machine as a gaming token to be used in order to operate or gain credit on the gaming machine. Penalty: 1000 penalty units or imprisonment for 2 years or both. (2) If a member of the police force believes on reasonable grounds that a person has committed an offence under subsection (1), the member may search the person for any device or thing that the member suspects was used in the commission of the offence. Gambling Regulation Act 2003 - SECT 3.5.11. Protection of sensitive areas of gaming equipment 3.5.11. Protection of sensitive areas of gaming equipment (1) A person must not- (a) break a seal securing a computer cabinet or gain access to any thing within the computer cabinet; or (b) affix a seal to a computer cabinet; or (c) break any seal protecting the integrity of the game program of a gaming machine; or (d) remove, replace or in any way affect or interfere with the operation of a computer cabinet or any thing within the computer cabinet; or (e) remove or interfere with any security device of gaming equipment; or (f) interfere with the normal operation of the reel assemblies of a gaming machine; or (g) remove or interfere with the housing protecting the mechanical meters of a gaming machine; or (h) interfere with the normal operation of the mechanical meters of a gaming machine; or (i) disconnect or interfere with a connection between a mechanical meter and a computer cabinet; or (j) interfere with information stored or transmitted electronically by any gaming machine, linked jackpot arrangement or electronic monitoring system; or (k) remove, alter or otherwise interfere with the electronic monitoring system or application software; or (l) remove or interfere with any mark or seal affixed to gaming equipment to preserve the integrity of operation of the gaming equipment; or (m) remove, alter or otherwise interfere with the manufacturer's identification plate or the manufacturer's serial number of a gaming machine; or (n) remove, alter or otherwise interfere with an identification label affixed to a gaming machine under section 3.5.8; or (o) affix any thing capable of being represented as being a label referred to in section 3.5.8 to a gaming machine or a device capable of being represented as being a gaming machine. Penalty: 400 penalty units or imprisonment for 2 years or both. (2) If any of the matters referred to in subsection (1) have occurred, the person on whose premises the gaming equipment is located is guilty of an offence and liable to a penalty not exceeding 400 penalty units or imprisonment for 2 years or both. (3) It is a defence to a prosecution for an offence against subsection (2) to prove that the defendant or an employee or agent of the defendant took reasonable precautions to ensure that this section was not contravened. (4) Nothing in this section applies to anything done by- (a) an inspector or the holder of a gaming industry employee's licence acting in the ordinary course of his or her duty; or (b) a person authorised in writing by the Commission. (5) A function of the Commission under this section may be performed by any commissioner. Gambling Regulation Act 2003 - SECT 3.5.12. Testing of electronic monitoring system 3.5.12. Testing of electronic monitoring system (1) The Commission may test an electronic monitoring system to determine whether there is compliance with this Act and the regulations. (2) The Commission may test an electronic monitoring system under subsection (1)- (a) on its own motion if it has reasonable grounds; or (b) on request by a gaming operator or the monitoring licensee. (3) The Commission may require a gaming operator or the monitoring licensee to pay the reasonable costs of testing under this section. Gambling Regulation Act 2003 - SECT 3.5.13. Approval of electronic monitoring systems 3.5.13. Approval of electronic monitoring systems (1) A gaming operator or the monitoring licensee must not use an electronic monitoring system unless it has been approved by the Commission. (2) A gaming operator or the monitoring licensee must not use an electronic monitoring system which has been varied from the system approved by the Commission unless the variation has been approved by the Commission. (3) The Commission may approve- (a) an electronic monitoring system; or (b) a variation to an electronic monitoring system- for use by a gaming operator or the monitoring licensee. (3A) In deciding whether to make an approval under subsection (3), the Commission must have regard to any relevant standards made under section 10.1.5A. (4) The Commission, in approving an electronic monitoring system or in approving a variation to an electronic monitoring system, may take into account the certificate of a person listed on the Roll who is accredited by the Commission to test gaming equipment or games. (5) The Commission may make an approval to use, or a variation of an approval to use, an electronic monitoring system subject to any conditions that it thinks fit. Gambling Regulation Act 2003 - SECT 3.5.14. Access to gaming machines 3.5.14. Access to gaming machines A person must not, in relation to a gaming machine in an approved venue, remove gaming tokens from the cabinet or drop box of the gaming machine unless the person is- (a) the gaming operator of the approved venue; or (b) the venue operator of the approved venue; or * * * * * (d) the holder of a gaming industry employee's licence in the performance of his or her duties. Penalty: 60 penalty units. Gambling Regulation Act 2003 - SECT 3.5.15. Installation and storage of gaming machines 3.5.15. Installation and storage of gaming machines (1) A gaming operator who provides gaming machines to a venue operator- (a) must install the machines, or cause them to be installed, in a gaming machine area approved for that purpose by the Commission; and (b) must cause any gaming machines not so installed to be stored in a room approved by the Commission and secured in the manner approved by the Commission. (1A) An entitlement holder- (a) must install a gaming machine to be used in the conduct of gaming under a gaming machine entitlement, or cause the machine to be installed, in a gaming machine area approved for that purpose by the Commission; and (b) must cause any gaming machines not so installed to be stored in a room approved by the Commission and secured in the manner approved by the Commission. (2) A gaming operator or entitlement holder who installs gaming equipment, or causes gaming equipment to be installed, at an approved venue must give notice to the Commission of- (a) particulars of the gaming equipment; and (b) the date and time of commencement of gaming on the gaming equipment- not later than the next day on which the Commission is open for business after that commencement. Penalty: 100 penalty units. (3) A notice under subsection (2) must be in a form approved by the Commission. (4) This section does not apply to the installation or storage of a gaming machine in a casino. Gambling Regulation Act 2003 - SECT 3.5.16. Certificates of installation 3.5.16. Certificates of installation (1) The holder of a gaming industry employee's licence who installs gaming equipment at an approved venue must- (a) certify, in a form approved by the Commission, that the gaming equipment is functioning in the manner in which it is designed and programmed to function; and (b) retain the certificate for a period of 12 months immediately following the date of signature. (2) The holder of a gaming industry employee's licence must not sign a certificate referred to in subsection (1) knowing it to be false. Penalty: 100 penalty units. (3) A gaming operator or entitlement holder who installs gaming equipment, or causes gaming equipment to be installed, at an approved venue must certify, in a form approved by the Commission, that the equipment is functioning in the manner in which it is designed and programmed to function. (4) A gaming operator or entitlement holder must not sign a certificate referred to in subsection (3) knowing it to be false. Penalty: 100 penalty units. (5) A gaming operator or entitlement holder must not allow gaming to commence on gaming equipment in respect of which certificates under subsections (1) and (3)- (a) have not been signed; or (b) have been signed in contravention of subsection (2) or (4). Penalty: 1000 penalty units. (6) A function of the Commission under this section may be performed by any commissioner. Gambling Regulation Act 2003 - SECT 3.5.17. Offence to play gaming machine not installed as authorised 3.5.17. Offence to play gaming machine not installed as authorised A person must not play or allow another person to play a gaming machine that is provided to a venue operator and that is not installed as required by sections 3.5.15 and 3.5.16. Penalty: 1000 penalty units. Gambling Regulation Act 2003 - SECT 3.5.17A. Gaming machines must be connected to approved electronic monitoring system 3.5.17A. Gaming machines must be connected to approved electronic monitoring system A gaming operator must not allow a game to be played on a gaming machine of the gaming operator unless the gaming machine is connected to the gaming operator's approved electronic monitoring system. Gambling Regulation Act 2003 - SECT 3.5.17B. Gaming machines must be connected to approved electronic monitoring system 3.5.17B. Gaming machines must be connected to approved electronic monitoring system A venue operator who is an entitlement holder must not allow a game to be played on a gaming machine of the venue operator unless the gaming machine is connected to the monitoring licensee's approved electronic monitoring system. Gambling Regulation Act 2003 - SECT 3.5.18. Gaming only permitted in gaming machine areas 3.5.18. Gaming only permitted in gaming machine areas (1) A venue operator must not allow a person to play a game on a gaming machine that is not placed in a gaming machine area. Penalty: 1000 penalty units or imprisonment for 2 years or both. (2) This section does not apply to a venue operator who is a casino operator. Gambling Regulation Act 2003 - SECT 3.5.19. Gaming tokens 3.5.19. Gaming tokens (1) A venue operator must use only gaming tokens in conducting gaming in the approved venue. Penalty: 100 penalty units. (2) A venue operator must cause all transactions in respect of the sale or redemption of gaming tokens in the approved venue to be carried out in a manner that ensures the integrity of the transactions. Penalty: 100 penalty units. Gambling Regulation Act 2003 - SECT 3.5.20. Malfunction of gaming machines 3.5.20. Malfunction of gaming machines (1) A venue operator, gaming operator or holder of a gaming industry employee's licence must refuse to pay, or to allow payment to be made to, a person in respect of a bet made or gaming machine credits accumulated on a gaming machine if the operator or employee reasonably suspects that the gaming machine or any related gaming equipment failed to function in the manner in which it was designed and programmed to function. (2) The holder of a gaming industry employee's licence who refuses to pay or to allow payment to be made to a person in the circumstances referred to in subsection (1) must inform the venue operator and the relevant gaming operator as soon as practicable after the refusal. (3) In the event of a dispute over a refusal to pay in the circumstances referred to in subsection (1), the relevant gaming operator or entitlement holder must resolve the dispute in accordance with procedures approved by the Commission. (4) This section does not apply to a venue operator who is a casino operator. Gambling Regulation Act 2003 - SECT 3.5.21. Defective gaming machines not allowed 3.5.21. Defective gaming machines not allowed (1) A venue operator or a gaming operator must not allow a gaming machine that is installed in an approved venue of the venue operator to be played, other than for testing purposes, if- (a) it does not function in the manner in which it was designed and programmed to function; or (b) any related gaming equipment does not function in the manner in which it was designed and programmed to function in relation to that gaming machine- until the gaming machine or gaming equipment is functioning in the manner in which it was designed and programmed to function. Penalty: 100 penalty units. (2) It is a defence to a prosecution for an offence against subsection (1) to prove that the defendant- (a) had taken all reasonable precautions to ensure that the gaming machine was functioning in the manner in which it was designed and programmed to function; and (b) at the time of the alleged offence, did not know, and ought not to have known, that the gaming machine was not functioning in the manner in which it was designed and programmed to function. Gambling Regulation Act 2003 - SECT 3.5.22. After hours gaming 3.5.22. After hours gaming (1) A person must not play a gaming machine in an approved venue at any time when the approved venue is closed to the public. Penalty: 60 penalty units. (2) If a person is found guilty of an offence against subsection (1)- (a) all winnings (except linked jackpots) paid or payable to the person as a result of the commission of the offence are forfeited to the State; and (b) all linked jackpots paid or payable to the person as a result of the commission of the offence are to be returned to the jackpot special prize pool. (3) Winnings forfeited under subsection (2)(a)- (a) must be paid into the Consolidated Fund; and (b) must be included in the calculation of "daily net cash balance" for the purposes of section 3.6.6. Gambling Regulation Act 2003 - SECT 3.5.23. The Commission's rules 3.5.23. The Commission's rules (1) The Commission may make rules for or with respect to- (a) entry to gaming machine areas; and (b) dress requirements in gaming machine areas; and (c) sobriety in gaming machine areas; and (d) security in approved venues; and (e) services provided by venue operators; and (f) procedures for the resolution of disputes concerning payment of winnings from gaming in an approved venue; and (g) any other matter relevant to the conduct of gaming in an approved venue. (2) Rules under subsection (1) do not apply to gaming in a casino. (3) The Commission may make rules for or with respect to- (a) procedures for the resolution of disputes concerning payment of winnings from gaming in a casino; and (b) any other matter relevant to the conduct of gaming in a casino. Note Rules under subsection (3) only relate to gaming on gaming machines in a casino (see definition of gaming in section 3.1.2). Rules concerning table gaming and other forms of gaming in a casino are made under section 60 of the Casino Control Act 1991. (4) The Commission may repeal, revoke, rescind, amend, alter or vary a rule made under subsection (1) or (3). (5) The Commission must notify in writing each venue operator or casino operator of rules made under this section that apply to the venue operator or casino operator and any repeal, revocation, rescission, amendment, alteration or variation of those rules. (6) A repeal, revocation, rescission, amendment, alteration or variation takes effect on the date that it is published in the Government Gazette. (7) The Commission must cause rules made under subsection (1), (3) or (4) to be published in the Government Gazette. Gambling Regulation Act 2003 - SECT 3.5.24. Disallowance of rules 3.5.24. Disallowance of rules (1) Section 15 and Part 5 of the Subordinate Legislation Act 1994 apply to a rule made under section 3.5.23 as if the rule were a statutory rule within the meaning of that Act, notice of the making of which had been published in the Government Gazette on the day on which the rule was so published. (2) A rule made under section 3.5.23 is subject to disallowance by a House of the Parliament. (3) If a rule is disallowed by a House of the Parliament, no rule which is the same in substance as the disallowed rule may be made within 6 months after the date of the disallowance, unless- (a) if the rule was disallowed by one House of the Parliament, that House approves the making of a rule the same in substance as the disallowed rule; or (b) if the rule was disallowed by both Houses of the Parliament, each House approves the making of a rule the same in substance as the disallowed rule. (4) Any regulation or rule made in contravention of subsection (3) is void. Gambling Regulation Act 2003 - SECT 3.5.25. Inspection of rules 3.5.25. Inspection of rules (1) A venue operator or casino operator must display a notice in accordance with this section informing patrons where a copy of rules under section 3.5.23 that apply to the venue operator or casino operator may be inspected. Penalty: 25 penalty units. (2) The notice must- (a) be in the form approved by the Commission; and (b) contain the information determined by the Commission; and (c) be displayed in the manner or location determined by the Commission. (3) A venue operator or casino operator must allow a patron to inspect a copy of the rules on request. Penalty: 25 penalty units. Gambling Regulation Act 2003 - SECT 3.5.26. Rules to be enforced 3.5.26. Rules to be enforced A venue operator or casino operator must enforce or cause to be enforced rules made under section 3.5.23 that apply to the venue operator or casino operator. Penalty: 25 penalty units. Gambling Regulation Act 2003 - SECT 3.5.27. Commission may give directions 3.5.27. Commission may give directions (1) The Commission may give to a gaming operator or a venue operator a written direction that relates to- (a) the conduct of gaming; (b) the keeping or inspection of financial records; (c) the administration of the approved venue. (2) A gaming operator or a venue operator must comply with a direction under subsection (1) as soon as it takes effect. Penalty: 25 penalty units. (3) The direction takes effect when the direction is given to the operator or on a later date specified in the direction. (4) A direction under this section must not be inconsistent with this Act or the conditions of the operator's licence. (5) This section does not apply to a venue operator who is a casino operator. Gambling Regulation Act 2003 - SECT 3.5.28. Inducements, cheating etc. 3.5.28. Inducements, cheating etc. (1) A person (the cheat) must not dishonestly- (a) by a scheme or practice; or (b) by the use of gaming equipment; or (c) by the use of an instrument or article of a type used in connection with gaming, or appearing to be of a type used in connection with gaming, or of any other thing- in relation to gaming or the conduct of gaming, induce a relevant person to deliver, give or credit to the cheat or any other person, any money, gaming tokens, benefit, advantage, valuable consideration or security. Penalty: 1000 penalty units or imprisonment for 2 years or both. (2) A relevant person must not dishonestly- (a) by a scheme or practice; or (b) by the use of gaming equipment; or (c) by the use of an instrument or article of a type used in connection with gaming, or appearing to be of a type used in connection with gaming, or of any other thing- in relation to gaming or the conduct of gaming, induce a person to deliver, give or credit to the relevant person or any other person, any money, gaming tokens, benefit, advantage, valuable consideration or security. Penalty: 1000 penalty units or imprisonment for 2 years or both. (3) A person must not dishonestly cause gaming equipment to deliver, give or credit to the person or another person any gaming tokens, benefit, advantage, valuable consideration or security. Penalty: 1000 penalty units or imprisonment for 2 years or both. (4) A person must not, for the purpose of cheating or stealing in relation to gaming or the conduct of gaming, use or be in possession of- (a) any gaming tokens that the person knows are bogus or counterfeit; or (b) any thing that permits or facilitates cheating or stealing. Penalty: 1000 penalty units or imprisonment for 2 years or both. (5) In this section- relevant person means- (a) a gaming operator, a venue operator or the holder of a gaming industry employee's licence; or (b) a person listed on the Roll; or (c) an associate of a person referred to in paragraph (a) or (b); or (d) a person acting on behalf of a person referred to in paragraph (a) or (b). (6) This section does not apply to a venue operator who is a casino operator. Division 3-Responsible gaming measures Gambling Regulation Act 2003 - SECT 3.5.29. Banning large denomination note acceptors and autoplay facilities CT 3.5.29. Banning large denomination note acceptors and autoplay facilities (1) A gaming operator or entitlement holder must not allow a game to be played on a gaming machine that accepts banknotes with a denomination greater than $50. Penalty: 20 penalty units. (2) A gaming operator or entitlement holder must not allow a game to be played on a gaming machine unless each spin can be initiated only by a distinct and separate activation of the machine by the player (whether by pushing a play button, touching the screen or otherwise). Penalty: 20 penalty units. * * * * * Gambling Regulation Act 2003 - SECT 3.5.30. Spin rates 3.5.30. Spin rates (1) A gaming operator or entitlement holder must not allow a game to be played on a gaming machine if the spin rate of the game is less than 2×14 seconds. Penalty: 20 penalty units. * * * * * Gambling Regulation Act 2003 - SECT 3.5.31. Credit etc. 3.5.31. Credit etc. A person who- (a) holds a licence under this Act; or (b) is a gaming operator; or (c) is an entitlement holder- must not make a loan or extend credit in any form, to any person to enable that person or any other person to play a gaming machine in an approved venue. Penalty: 100 penalty units. Gambling Regulation Act 2003 - SECT 3.5.32. Limiting withdrawals and advances from cash facilities 3.5.32. Limiting withdrawals and advances from cash facilities (1) A venue operator must not provide, or allow another person to provide, cash facilities in the approved venue that allow a person to obtain by means of those facilities, in any one transaction on any one debit or credit card, an amount of cash exceeding $200. Penalty: 60 penalty units. (2) A venue operator must not allow a person to obtain from a cash facility in the approved venue a cash advance from a credit account. Penalty: 60 penalty units. (3) This section does not apply to a venue operator who is a casino operator. $$T Gambling Regulation Act 2003 - SECT 3.5.33. Payment of accumulated credits and cashing of cheques 3.5.33. Payment of accumulated credits and cashing of cheques (1) If a person has $1000 or more worth of accumulated credits on a gaming machine, the venue operator or gaming operator must not pay out, or allow another person to pay out, any of those credits except by cheque that is not payable to cash. Penalty: 60 penalty units. (2) A venue operator or gaming operator must, at the request of a person, pay out any accumulated credits from a gaming machine to the person by cheque that is not payable to cash. Penalty: 60 penalty units. (3) A venue operator or gaming operator must not, at an approved venue, give, or allow another person to give, a person cash or gaming tokens in exchange for a cheque drawn on an account of the venue operator or gaming operator to enable that person to play a gaming machine in the approved venue. Penalty: 60 penalty units. (3A) A venue operator must not exchange a cheque at an approved venue for cash if the value of the cheque is more than $400. Penalty: 40 penalty units. (3B) A venue operator must not exchange at an approved venue, more than one cheque for cash for any one person, within a period of 24 hours. Penalty: 40 penalty units. (4) This section does not apply to a venue operator who is a casino operator. (5) In this section- accumulated credits means the amount of credits standing on any one gaming machine, whether initially credited to the machine or accumulated through play. Gambling Regulation Act 2003 - SECT 3.5.33A. Playing of gaming machines by intoxicated persons prohibited 3.5.33A. Playing of gaming machines by intoxicated persons prohibited A venue operator must not knowingly allow a person who is in a state of intoxication to play a gaming machine. Penalty: 40 penalty units. Note Intoxication is defined in section 1.3A. Division 4-Gaming machine advertising Gambling Regulation Act 2003 - SECT 3.5.34. Prohibition on publishing gaming machine advertising 3.5.34. Prohibition on publishing gaming machine advertising (1) A person must not publish or cause to be published any gaming machine advertising outside the gaming machine area of an approved venue or the boundaries of a casino. Penalty: 20 penalty units. (2) A person must not enter into, or extend the duration of, any contract or arrangement for the publication of gaming machine advertising outside the gaming machine area of an approved venue or the boundaries of a casino. Penalty: 20 penalty units. (3) Any such contract or arrangement entered into or extended has no effect. (4) Despite subsection (1) or (2)- (a) a loyalty scheme provider may, subject to section 3.5.40, disseminate gaming machine advertising to a participant in the loyalty scheme; (b) any person may disseminate gaming machine advertising to a person who requested gaming machine advertising from the person. (5) This section prevails over the Business Names Act 1962. (6) In this section- gaming machine advertising means any form of advertising that promotes or is intended to promote the playing of gaming machines, but does not include- (a) information about, or the advertisement of services relating to, problem gambling; or (b) technical information relating to the operation of a gaming machine; publish includes disseminate in any way, whether by oral, visual, written or other means (for example, dissemination by means of cinema, video, radio, electronics, the Internet or television or by means of promotional material such as club journals, brochures or flyers). Gambling Regulation Act 2003 - SECT 3.5.35. Prohibition on displaying gaming machine related signs 3.5.35. Prohibition on displaying gaming machine related signs (1) A person must not display or cause to be displayed any gaming machine related sign. Penalty: 20 penalty units. (2) A person must not enter into, or extend the duration of, any contract or arrangement for displaying a gaming machine related sign that is displayed in contravention of subsection (1). Penalty: 20 penalty units. (3) Any such contract or arrangement entered into or extended has no effect. (4) This section prevails over the Business Names Act 1962. (5) In this section- gaming machine related sign means any sign (whether consisting of words, symbols, pictures or any other thing)- (a) that draws attention to, or can reasonably be taken to draw attention to, the availability of gaming machines for gaming; or (b) that uses a term or expression frequently associated with gaming machines- but does not include any sign that is excluded from the operation of this section by the regulations. Division 5-Loyalty schemes Gambling Regulation Act 2003 - SECT 3.5.36. Loyalty schemes 3.5.36. Loyalty schemes (1) A loyalty scheme provider must not allow a person to participate in a loyalty scheme unless- (a) the provider has given the person a written statement- (i) informing the person of his or her rights under subsection (2); and (ii) containing the prescribed information; and (b) the person has agreed to receive player activity statements relating to the playing of games under the scheme. Penalty: 20 penalty units. (2) A participant in a loyalty scheme may at any time, by notifying the loyalty scheme provider, set- (a) a limit on the amount of time, in any 24 hour period determined by the provider, that the participant may play games under the scheme; (b) a limit on the participant's net loss on games played under the scheme in any 24 hour period determined by the provider; (c) if the participant has set a limit under paragraph (b), a limit on the participant's net loss on games played under the scheme in any year determined by the provider. (3) If the participant has previously set a limit under subsection (2), any new limit set by the participant that increases the amount of time or net loss does not take effect until the time determined by the loyalty scheme provider, which must be at least 24 hours after the participant has notified the loyalty scheme provider of the new limit. (4) A loyalty scheme provider must not allow a participant to continue playing games under the scheme after a limit set by the participant under subsection (2) has been reached. Penalty: 20 penalty units. (5) A loyalty scheme provider must not knowingly allow an excluded person to participate in the scheme at a casino. Penalty: 20 penalty units. (6) A loyalty scheme provider must not knowingly allow a person who has excluded themselves from an approved venue to participate in the scheme at that approved venue. Penalty: 20 penalty units. (7) A loyalty scheme provider who conducts a loyalty scheme at a casino must remove a participant from the scheme if the participant becomes an excluded person. Penalty: 20 penalty units. (8) In this section- excluded person means a person who is the subject of an exclusion order or interstate exclusion order (within the meaning of the Casino Control Act 1991). Gambling Regulation Act 2003 - SECT 3.5.37. Player activity statements 3.5.37. Player activity statements (1) At least once each year, a loyalty scheme provider must provide each participant in the scheme with a player activity statement containing the prescribed information- (a) by sending the statement to the participant by post, fax, e-mail or other electronic communication; or (b) by making the statement available for collection by the participant- (i) if the provider is a venue operator-at the approved venue; or (ii) if the provider is a casino operator-at the casino; or (iii) in any other case-at an approved venue nominated by the participant- at the election of the participant. Penalty: 20 penalty units. (2) If the participant has elected to collect his or her player activity statement from an approved venue or casino, the loyalty scheme provider must, within 7 days after the statement is prepared, send the participant, by post, fax, e-mail or other electronic communication, notice that the statement is available for collection. Penalty: 20 penalty units. (3) A notice under subsection (2) must advise the participant of the provisions of section 3.5.38. (4) If a participant requests an additional copy of his or her player activity statement, the loyalty scheme provider must provide it to the participant on payment of the fee (if any), not exceeding $20, determined by the provider. Penalty: 20 penalty units. Gambling Regulation Act 2003 - SECT 3.5.38. Suspension of person who fails to collect their player activity statement 3.5.38. Suspension of person who fails to collect their player activity statement (1) This section applies to a participant in a loyalty scheme who has elected to collect his or her player activity statements from an approved venue or casino. (2) If a participant does not collect his or her player activity statement within one month after the day on which notice of the availability of the statement is sent to the participant under section 3.5.37(2), the loyalty scheme provider must suspend the participant from the scheme until- (a) the participant collects the statement; or (b) the participant is removed from the scheme under subsection (3)- whichever is sooner. Penalty: 20 penalty units. (3) If a participant does not collect his or her player activity statement within 3 months after the day on which notice of the availability of the statement is sent to the participant under section 3.5.37(2), the loyalty scheme provider must remove the participant from the scheme. Penalty: 20 penalty units. (4) A loyalty scheme provider must send written notice, by post, fax, e-mail or other electronic communication, to a participant who is suspended or removed from a loyalty scheme under this section. Penalty: 20 penalty units. Gambling Regulation Act 2003 - SECT 3.5.39. Opting out of loyalty schemes 3.5.39. Opting out of loyalty schemes (1) At least once each year, a loyalty scheme provider must send each participant in the scheme, by post, fax, e-mail or other electronic communication, a notice informing the participant of his or her right, by informing the provider, to cease participating in the scheme. Penalty: 20 penalty units. (2) If the notice is sent by post, the loyalty scheme provider must enclose a reply paid envelope with the notice. Penalty: 20 penalty units. (3) A loyalty scheme provider must remove a participant from the scheme if the participant informs the provider (whether in response to a notice under subsection (1) or otherwise) that the participant wishes to cease participating in the scheme. Penalty: 20 penalty units. Gambling Regulation Act 2003 - SECT 3.5.40. No advertising to people suspended or removed from loyalty schemes 3.5.40. No advertising to people suspended or removed from loyalty schemes (1) If a person has been removed from a loyalty scheme, the loyalty scheme provider must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person. Penalty: 20 penalty units. (2) If a person has been suspended from a loyalty scheme, the loyalty scheme provider must not knowingly send or direct by any means advertising or other promotional material relating to gaming to the person during the period of suspension. Penalty: 20 penalty units. (3) For the purposes of subsections (1) and (2), a loyalty scheme provider does not send or direct material to a person only because the provider makes the material available generally to members of the public. Examples Examples of making material available generally to members of the public include publishing it on the Internet, television or other medium or displaying it on a billboard. Note Division 4 generally prohibits gaming machine advertising, unless exempted by the regulations. Gambling Regulation Act 2003 - SECT 3.5.41. Loyalty scheme participant information 3.5.41. Loyalty scheme participant information (1) A loyalty scheme provider must allow a person who is or was a participant in the scheme, on payment of the fee (if any), not exceeding $20, determined by the provider, to have access to any information held by the provider relating to the person's participation in the scheme. Penalty: 20 penalty units. (2) The Minister may from time to time direct a loyalty scheme provider to provide information derived from the scheme, other than information that identifies, or is capable of identifying, any person who is or was a participant in the scheme to any person or body for research purposes. * * * * * (3) A loyalty scheme provider must comply with a direction given under subsection (2). Penalty: 100 penalty units. Division 6-Removal of people from approved venues Gambling Regulation Act 2003 - SECT 3.5.42. Application of Division CT 3.5.42. Application of Division This Division does not apply to a casino operator or a casino. Gambling Regulation Act 2003 - SECT 3.5.43. Removal of certain persons 3.5.43. Removal of certain persons (1) A venue operator may remove from or refuse entry to the operator's approved venue any person who- (a) breaches rules made by the Commission under section 3.5.23; or (b) damages or physically abuses a gaming machine; or (c) behaves in a manner likely to cause offence to other persons; or (d) is suspected on reasonable grounds of being in the approved venue for the purpose of committing an offence or aiding another person to commit an offence against this Chapter. (2) A venue operator may use no more force than is reasonably necessary to remove a person under subsection (1). * * * * * __________________ PART 6-RETURNS TO PLAYERS, LEVIES AND TAXES Division 1-Returns to players Gambling Regulation Act 2003 - SECT 3.6.1. Returns to players 3.6.1. Returns to players (1) A gaming operator or a venue operator who holds a gaming machine entitlement must ensure that the pay-out table on gaming machines at each venue is set so as to return to players the players' proportion of the total amounts wagered each year at that venue, after deduction of the sum of jackpot special prizes determined as prescribed and payable during that year. (2) The players' proportion is- (a) not less than 87%; or (b) if the Commission determines in accordance with subsection (3), a fixed percentage greater than 87%. (3) A determination under subsection (2)- (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. Division 2-Taxes and levies Gambling Regulation Act 2003 - SECT 3.6.2. Definitions 3.6.2. Definitions In this Division- community purpose means an activity or purpose of a kind determined by the Minister under section 3.6.9(3); daily net cash balance, in relation to a gaming machine, means the total amount wagered on a day less- (a) the sum of all prizes paid from that amount (other than prizes paid from a jackpot special prize pool); and (b) the sum of amounts determined as prescribed for payment in respect of that total amount wagered to a jackpot special prize pool; gaming revenue of a venue operator in respect of a financial year, means the total daily net cash balances of all gaming machines at the approved venue during the financial year; required community benefit contribution in respect of a financial year means 81/3% of gaming revenue in respect of that financial year. Gambling Regulation Act 2003 - SECT 3.6.3. Health benefit levy 3.6.3. Health benefit levy (1) A gaming operator must pay to the Commission for payment into the Consolidated Fund each financial year a health benefit levy calculated in accordance with the following formula- where- L is the levy payable by the gaming operator; GM is the sum of the number of gaming machines of the gaming operator that are operating at an approved venue on the first Saturday in each month from and including December in the preceding financial year to and including November in the financial year. (2) For the purpose of subsection (1), a gaming machine is taken to be operating at an approved venue on the first Saturday in a month if, at any time on that day, the machine- (a) is available for gaming at the approved venue; or (b) would be available for gaming at the approved venue if the machine were connected to the electronic monitoring system. (3) The Treasurer, in consultation with the Commission, is to determine the amount of the levy on each gaming operator for a financial year and must notify each gaming operator of his or her determination as soon as practicable after the first Saturday in November in that year. (4) The levy is payable in two equal instalments each financial year, due on 15 December and 15 June. (5) Subsection (1) as amended by section 12(1) of the State Taxation and Gambling Legislation Amendment (Budget Measures) Act 2007 applies to the health benefit levy for the financial year beginning on 1 July 2007 and each subsequent financial year. Gambling Regulation Act 2003 - SECT 3.6.4. Hypothecation of health benefit levy 3.6.4. Hypothecation of health benefit levy (1) In respect of each financial year there is to be paid out of the Consolidated Fund into the Hospitals and Charities Fund an amount equal to the amount paid into the Consolidated Fund under section 3.6.3 in that financial year. (2) Payments under subsection (1) are to be made at the times determined by the Treasurer. (3) The Consolidated Fund is appropriated to the extent necessary for payments to be made under subsection (1). Gambling Regulation Act 2003 - SECT 3.6.5. Holder of gaming operator's licence to pay supervision charge CT 3.6.5. Holder of gaming operator's licence to pay supervision charge (1) The holder of a gaming operator's licence must pay to the Treasurer for payment into the Consolidated Fund 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 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 Commission in carrying out its functions and powers under this Act in respect of gaming. (3) The supervision charge is a tax. Gambling Regulation Act 2003 - SECT 3.6.5A. Venue operators to pay supervision charge 3.6.5A. Venue operators to pay supervision charge (1) This section applies to a venue operator that holds a gaming machine entitlement. (2) On and after a gaming machine entitlement declared day that applies to the gaming machine entitlement held by the venue operator, the venue operator must pay to the Commission for payment into the Consolidated Fund a supervision charge in such instalments in respect of such periods in each financial year as the Treasurer determines from time to time. (3) The supervision charge is such amount in respect 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 Commission in carrying out its functions and powers under this Act in respect of gaming. (4) The supervision charge is a tax. Gambling Regulation Act 2003 - SECT 3.6.6. Taxation 3.6.6. Taxation (1) A gaming operator must ensure that amounts are paid in accordance with subsection (2), in respect of the periods determined by the Commission. (2) The following are the amounts to be paid under this subsection- (a) to the venue operator of an approved venue in respect of which a club licence or racing club licence is in force and at which a gaming machine of the gaming operator is played- (i) if GST is payable on the supply to which the amount to be paid under this paragraph relates-362/3% of the total daily net cash balances during the period of gaming machines of the gaming operator at the venue; (ii) if GST is not payable on the supply to which the amount to be paid under this paragraph relates-331/3% of the total daily net cash balances during the period of gaming machines of the gaming operator at the venue; (b) to the venue operator of an approved venue in respect of which a pub licence is in force and at which a gaming machine of the gaming operator is played- (i) if GST is payable on the supply to which the amount to be paid under this paragraph relates-27×5% of the total daily net cash balances during the period of gaming machines of the gaming operator at the venue; (ii) if GST is not payable on the supply to which the amount to be paid under this paragraph relates-25% of the total daily net cash balances during the period of gaming machines of the gaming operator at the venue; (c) to the Commission to be paid into the Consolidated Fund-81/3% of the total daily net cash balances during the period of gaming machines of the gaming operator at the venue in respect of which a pub licence is in force; (d) to the Commission to be paid into the Consolidated Fund-24×24% of the total daily net cash balances during the period of all gaming machines of the gaming operator at approved venues. (3) A gaming operator must inform a venue operator of the amounts paid by the gaming operator under subsection (2)(c) in respect of gaming machines at the approved venue of the venue operator. (4) An amount payable under this section is a debt and may be recovered in a court of competent jurisdiction. Gambling Regulation Act 2003 - SECT 3.6.6A. Taxation in relation to gaming in approved venues with pub licences 3.6.6A. Taxation in relation to gaming in approved venues with pub licences (1) This section applies to a venue operator that conducts or may conduct gaming under gaming machine entitlements in an approved venue in respect of which there is in force a pub licence. (2) The venue operator must pay to the Commission, to be paid into the Consolidated Fund, the tax calculated as follows: T = GMT ´ E where- T is the tax payable for a calendar month; GMT is the tax per gaming machine entitlement held under which gaming is or may be conducted in the approved venue in a calendar month determined in accordance with subsection (3); E is the total number of gaming machine entitlements held by the venue operator under which gaming is or may be conducted in the approved venue each day in a calendar month divided by the number of days in that month. (3) The tax per gaming machine entitlement in a calendar month is the sum of the amounts of average revenue per gaming machine entitlement determined by multiplying those parts of that average revenue per gaming machine entitlement specified in column 1 of the Table by the rate specified in column 2 of the Table opposite those parts of the average revenue per gaming machine entitlement. Table Column 1 Column 2 The part of average revenue per gaming machine entitlement that: Rate does not exceed $2666 8×33% exceeds $2666 but does not exceed $12 500 50×83% exceeds $12 500 58×33% (4) In subsection (3) average revenue per gaming machine entitlement means revenue earned by a venue operator in a calendar month from the conduct of gaming under the gaming machine entitlement in the approved venue calculated on the following basis- where- TR is the total revenue earned at the approved venue from the conduct of gaming under the gaming machine entitlement in the calendar month; MT is the average number of gaming machine entitlements under which gaming is or may be conducted in the approved venue in the calendar month. (5) In subsection (4) average number of gaming machine entitlements means the sum of the total number of gaming machine entitlements under which gaming is or may be conducted at the approved venue each day of a calendar month divided by the number of days in that month. (6) If the application of subsection (5) results in a total number that is not a whole number, the number that is a rounding up of that number to the next 2 decimal points is to be taken to be the total number. (7) The tax payable under subsection (2) is payable within 7 days after the end of the calendar month to which the tax relates. (8) In this section- revenue means the total amount earned from bets made on a gaming machine operated under a gaming machine entitlement less- (a) the sum of all prizes paid from that amount (other than prizes from a jackpot special prize pool); and (b) the sum of the amounts determined as prescribed for payment in respect of that total amount bet to a jackpot special prize pool. Gambling Regulation Act 2003 - SECT 3.6.6B. Taxation in relation to gaming in approved venues with club licences 3.6.6B. Taxation in relation to gaming in approved venues with club licences (1) This section applies to a venue operator that conducts or may conduct gaming under gaming machine entitlements in an approved venue in respect of which there is in force a club licence or racing club licence. (2) The venue operator must pay to the Commission, to be paid into the Consolidated Fund, the tax calculated as follows: T = GMT ´ E where- T is the tax payable for a calendar month; GMT is the tax per gaming machine entitlement held under which gaming is or may be conducted in the approved venue in a calendar month determined in accordance with subsection (3); E is the total number of gaming machine entitlements held by the venue operator under which gaming is or may be conducted in the approved venue each day in a calendar month divided by the number of days in that month. (3) The tax per gaming machine entitlement in a calendar month is the sum of the amounts of average revenue per gaming machine entitlement determined by multiplying those parts of that average revenue per gaming machine entitlement specified in column 1 of the Table by the rate specified in column 2 of the Table opposite those parts of the average revenue per gaming machine entitlement. Table Column 1 Column 2 The part of average revenue per gaming machine entitlement that: Rate exceeds $2666 but does not exceed $12 500 42×5% exceeds $12 500 50% (4) In subsection (3) average revenue per gaming machine entitlement means revenue earned by an venue operator in a calendar month from the conduct of gaming under the gaming machine entitlement in the approved venue calculated on the following basis- where- TR is the total revenue earned at the approved venue from the conduct of gaming under the gaming machine entitlement in the calendar month; MT is the average number of gaming machine entitlements under which gaming is or may be conducted in the approved venue in the calendar month. (5) In subsection (4) average number of gaming machine entitlements means the sum of the total number of gaming machine entitlements under which gaming is or may be conducted at the approved venue each day of a calendar month divided by the number of days in that month. (6) If the application of subsection (5) results in a total number that is not a whole number, the number that is a rounding up of that number to the next 2 decimal points is to be taken to be the total number. (7) The tax payable under subsection (2) is payable within 7 days after the end of the calendar month to which the tax relates. (8) In this section- revenue means the total amount earned from bets made on a gaming machine operated under a gaming machine entitlement less- (a) the sum of all prizes paid from that amount (other than prizes from a jackpot special prize pool); and (b) the sum of the amounts determined as prescribed for payment in respect of that total amount bet to a jackpot special prize pool. Gambling Regulation Act 2003 - SECT 3.6.7. Additional tax for holder of gaming operator's licence 3.6.7. Additional tax for holder of gaming operator's licence The holder of a gaming operator's licence must ensure that, in addition to amounts payable under section 3.6.6, there is paid, in respect of the periods determined by the Commission, to the Commission to be paid into the Consolidated Fund, 7% of the daily net cash balances during the period of all gaming machines of the licence holder at approved venues. Gambling Regulation Act 2003 - SECT 3.6.8. Declaration of different rate of return 3.6.8. Declaration of different rate of return (1) If a club licence is in force in respect of an approved venue and- (a) the freehold of the approved venue is not vested in the venue operator; or (b) in the opinion of the Commission, the terms of the lease of the approved venue or any other agreement provide, whether directly or indirectly, for payment of rent or charges calculated by reference to revenue derived from gaming machines; or (c) in the opinion of the Commission, the terms of an agreement provide, whether directly or indirectly, for payment of revenue derived from gaming machines to a person other than the holder of the club licence- the Commission may declare that the amounts payable by the gaming operator under section 3.6.6 are to be paid as if the licence were a pub licence. (2) If- (a) a club licence or racing club licence is in force in respect of an approved venue; and (b) an audited community benefit statement lodged under section 3.6.9 by the holder of the licence indicates that the holder has made less than the required community benefit contribution- the Commission must declare that the licence holder is required to pay to the Commission, to be paid into the Consolidated Fund, an amount equal to the difference between the required community benefit contribution and the community benefit contribution stated in the community benefit statement. (2A) The licence holder must pay the required amount within 60 days after the licence holder is notified of the declaration under subsection (3). (2B) The Commission may extend the time for the licence holder to pay the required amount if the Commission is satisfied that payment of the amount by the day required by subsection (2A) would expose the licence holder to significant financial hardship. (2C) An amount equal to the amount paid into the Consolidated Fund under subsection (2) is to be paid out of the Consolidated Fund into the Community Support Fund and the Consolidated Fund is appropriated to the necessary extent for that payment to be made. (3) The Commission must notify the licence holder of a declaration under subsection (2). (4) In determining whether a licence holder has made the required community benefit contribution, any amounts in respect of GST payable by the licence holder in respect of supplies for community purposes are to be taken into account. (4A) If- (a) a club licence or racing club licence is in force in respect of an approved venue; and (b) the holder of the licence has not lodged an audited community benefit statement under section 3.6.9 within the time required for lodgement- the Commission must declare that the amounts payable by the gaming operator under section 3.6.6 in respect of the venue are to be paid as if the licence were a pub licence, in respect of the period commencing from the time the community benefit statement was required to be lodged until the time that the statement is lodged. (4B) The Commission must notify the gaming operator of- (a) the making of a declaration under subsection (4A); (b) the lodgement of an audited community benefit statement by the licence holder. (4C) Notification under subsection (4B)(a) must set out the day on which payments in accordance with the declaration must commence, which must not be less than 30 days after the day on which the notification is given to the gaming operator. (5) A gaming operator must inform a licence holder of any amounts paid by the gaming operator in accordance with a declaration under subsection (4A) in respect of the licence holder. Gambling Regulation Act 2003 - SECT 3.6.9. Community benefit statements 3.6.9. Community benefit statements (1) In respect of each financial year, each venue operator who received gaming revenue in that year must prepare and lodge with the Commission a community benefit statement in respect of each approved venue of the venue operator in accordance with this section regarding the application of gaming revenue in the financial year to community purposes. Penalty: 60 penalty units. (1A) Subsection (1) does not apply to an approved venue in respect of which a pub licence is in force. (2) A community benefit statement- (a) must be in a form approved by the Commission; and (b) must state whether the total of- (i) the percentage (if any) of gaming revenue applied by the venue operator in the financial year to community purposes; and (ii) the value of any non-financial contribution to community purposes (for example, voluntary work) by or on behalf of the venue operator in the financial year, expressed as a percentage of the venue operator's gaming revenue in the financial year; and (iii) any amount payable by a gaming operator in the financial year under a declaration made by the Commission under section 3.6.8(4A) in respect of the venue operator, expressed as a percentage of the venue operator's gaming revenue in the financial year- is less than, equal to or greater than the required community benefit contribution; (c) must be audited; and (d) must be lodged on or before 30 September next following the financial year to which it relates. (3) The Minister, by order published in the Government Gazette, may from time to time- (a) determine the kind of activities or purposes that constitute community purposes; (b) determine the kind of activities or purposes that do not constitute community purposes; (c) specify the maximum amount of gaming revenue (if any) that can be claimed by the venue operator in respect of each community purpose determined under paragraph (a). (3A) For the purposes of subsection (3)(c), the Minister may determine the maximum amount of gaming revenue that can be claimed by the venue operator in respect of each community purpose by specifying- (a) a percentage amount; or (b) a dollar amount; or (c) any other method that specifies the maximum amount that can be claimed by a venue operator. (4) The Minister must give notice of an order under subsection (3) to each venue operator. (5) An order under subsection (3) takes effect in the financial year next following the financial year in which it is published. (6) The Commission must publish on the Internet each statement lodged with it under this section. (7) In determining the percentage of gaming revenue applied by a venue operator to community purposes, any amounts in respect of GST payable by the venue operator in respect of supplies for community purposes are not to be taken into account. Gambling Regulation Act 2003 - SECT 3.6.9A. Ministerial directions as to requirements of community benefit statements 3.6.9A. Ministerial directions as to requirements of community benefit statements (1) The Minister may from time to time give a direction in writing to the Commission or to venue operators as to any one or more of the following matters- (a) the information that a venue operator must include in a community benefit statement; (b) the level of detail to be set out in respect of each claim made by a venue operator in a community benefit statement; (c) any other matter relating to the requirements to be met by venue operators in relation to community benefit statements. (2) The Minister may vary or revoke a direction by further direction in writing to the Commission. (3) The Commission must, as soon as possible after receiving a direction under this section, cause notice of the direction to be published in the Government Gazette. (4) The Commission and venue operators are bound by a direction given under this section. (5) The Commission must publish in its report under Part 7 of the Financial Management Act 1994 for a financial year all directions given by the Minister under this section during that year. Gambling Regulation Act 2003 - SECT 3.6.10. Interest on late payment 3.6.10. Interest on late payment (1) If an amount payable under this Part- (a) to the Treasurer by the holder of a gaming operator's licence; or (b) to the Commission by a gaming operator or a venue operator that holds a gaming machine entitlement; or (c) to the Commission by a licence holder under section 3.6.8(2)- is not paid within the period within which it is required to be paid, the licence holder, gaming operator or venue operator is liable to pay interest at the rate of 20% per annum on that amount from the date on which the payment was due until the payment is made. (2) The Treasurer or the Commission may, if the Treasurer or Commission think