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GAMBLING REGULATIONS 2015 - NOTES

GAMBLING REGULATIONS 2015 - NOTES

Version No. 010

S.R. No. 55/2015

Version incorporating amendments as at

1 December 2023

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Version No. 010

Gambling Regulations 2015

S.R. No. 55/2015

Version incorporating amendments as at

1 December 2023

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Gambling Regulations 2015, S.R. No. 55/2015 were made on 16 June 2015 by the Administrator of the State of Victoria, as the Governor's deputy, with the advice of the Executive Council under section 11.2.1 of the Gambling Regulation Act 2003, No. 114/2003 and came into operation as follows:

Regulations 1–120, Schedules 1–6 on 20 June 2015: regulation 3(1); regulations 121–128 on 1 July 2015: regulation 3(2).

The Gambling Regulations 2015 will sunset 10 years after the day of making on 16 June 2025 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in a Statutory Rule which is made on or after

1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.

See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after

1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after

1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Gambling Regulations 2015 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Gambling Regulations 2015, S.R. No. 55/2015

Date of Making:

16.6.15

Date of Commencement:

Reg. 128 on 1.7.15: reg. 3(2)

Note:

Reg. 128 provided that Pt 10 (regs 121–128) expired on 1.7.16

Gambling Regulation (Pre-commitment and Loyalty Scheme) and Gambling Amendment Regulations 2015, S.R. No. 139/2015

Date of Making:

24.11.15

Date of Commencement:

Reg. 18 on 1.12.15: reg. 3

Gambling Amendment (Training Requirements) Regulations 2016, S.R. No. 111/2016

Date of Making:

30.8.16

Date of Commencement:

Regs 5, 6 on 1.9.16: reg. 3(1); regs 7–9 on 1.1.17: reg. 3(2)

Gambling Regulation (Pre-commitment and Loyalty Scheme) and Gambling Amendment Regulations 2017, S.R. No. 12/2017

Date of Making:

27.3.17

Date of Commencement:

Reg. 6 on 29.3.17: reg. 3

Gambling Amendment (Cashless Gaming) Regulations 2019, S.R. No. 1/2019

Date of Making:

30.1.19

Date of Commencement:

30.1.19: reg. 3

Gambling Amendment (Training Requirements) Regulations 2020, S.R. No. 90/2020

Date of Making:

1.9.20

Date of Commencement:

8.9.20: reg. 3

Gambling Regulation (Pre-commitment and Loyalty Scheme) and Gambling Amendment Regulations 2023, S.R. No. 121/2023

Date of Making:

28.11.23

Date of Commencement:

Regs 16–18 on 1.12.23: reg. 3

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Explanatory details

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in S.R. No. 55/2015 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 5 (definition of logic area)

Australian/New Zealand Gaming Machine National Standard made by the Commission under section 3.5.3(1) of the Act and amended under that section from time to time

Sections 2.3.36 and 2.3.37, page 19



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