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This is a Bill, not an Act. For current law, see the Acts databases.
Gambling Regulation Amendment (Gaming
Machine Arrangements) Act 2017
No. of 2017
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 3
3 Principal Act 3
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022 4
Division 1--Surrender 4
4 Possession of gaming equipment or monitoring equipment
may be authorised 4
5 Gaming machine entitlement allocation and transfer rules 4
6 Minister may create and allocate gaming machine entitlements 5
7 New Division 5AA inserted in Part 4A of Chapter 3 7
8 Ministerial Order for extinguishment 10
9 Effect of Order 11
Division 2--Venue ratios 11
10 Minister may create and allocate gaming machine entitlements 11
11 New section 3.4A.5AA inserted 12
12 Commission decision on the request 13
13 Ministerial Order for extinguishment 13
Division 3--Taxation 14
14 Division 2 of Part 6 of Chapter 3--Definitions 14
15 Taxation in relation to gaming in approved venues with pub
licences until 16 August 2022 14
16 Taxation in relation to gaming in approved venues with club
licences until 16 August 2022 16
17 New sections 3.6.6C and 3.6.6D inserted 18
18 Declaration for club venue operators to pay different tax in
some circumstances 23
19 Hospitals and charities and mental health levy 24
20 Payment to community support fund 24
i
Clause Page
Division 4--Payment to Treasurer on transfer of gaming machine
entitlement 25
21 Gaming machine entitlements that expire on 15 August 2022
and that are transferred before specified date 25
22 New section 3.4A.18A inserted 25
23 Exemption from requirement to pay for transfer related to
refusal to grant relevant authority 27
24 New section 3.4A.19A inserted 28
25 Hospitals and Charities Fund 29
Division 5--Expiry 29
26 Duration of gaming machine entitlements 29
27 Gaming machine entitlements may authorise preparatory
action 30
Part 3--Assignment of gaming machine entitlements 31
28 Who is an associate? 31
29 Part 1 of Chapter 3--Definitions 31
30 Possession of gaming equipment or monitoring equipment
may be authorised 32
31 Duration of approval 33
32 Register of venue operators and approved venues 33
33 Division 2A of Part 4 of Chapter 3--Definitions 33
34 New section 3.4.28AB inserted 34
35 Commission may declare certain agreements to be reviewable
venue agreements 35
36 New Division 3A of Part 4A of Chapter 3 inserted 35
37 New section 3.4A.11T inserted 46
38 Request for amendment of geographic area condition or venue
condition 47
39 Commission decision on the request 47
40 New sections 3.4A.13A and 3.4A.13B inserted 48
41 New sections 3.4A.14A and 3.4A.14B inserted 50
42 New sections 3.4A.17AA and 3.4A.17AAB inserted 51
43 New section 3.4A.21A inserted 52
44 Section 3.4A.22 substituted 53
45 Section 3.4A.23 substituted 54
46 Commission may extend relevant holding period 54
47 Gaming machine entitlements forfeited if venue operator's
licence cancelled, surrendered or not renewed 55
48 Installation and storage of gaming machines 55
49 Amendments relating to suspension of venue approval 55
Part 4--Increased limit on club gaming machine entitlements 62
50 Prohibited interests in gaming machine entitlements 62
51 New section 3.2A.7A inserted 64
ii
Clause Page
Part 5--Responsible Gambling Codes of Conduct and self-
exclusion programs 65
Division 1--Responsible Gambling Codes of Conduct 65
52 Functions of Commission 65
53 Sections 10.6.6 to 10.6.9 substituted 65
54 Section 10.6.9A repealed 67
55 Schedule 1 amended 67
56 Consequential amendments--application for and issue of
various licences 68
57 Consequential amendments--requirements to have compliant
Codes 70
58 Amendment of Casino Control Act 1991 73
59 Amendment of Victorian Commission for Gambling and
Liquor Regulation Act 2011 73
Division 2--Self-exclusion programs 74
60 Matters to be considered in determining applications 74
61 Self-exclusion program is a condition of licence 74
62 Section 3.4.12C repealed 74
63 Functions of Commission 74
64 Division 1 of Part 6 of Chapter 10 substituted 75
65 Schedule 1 amended 77
66 Amendment of Victorian Commission for Gambling and
Liquor Regulation Act 2011 77
Part 6--Standard conditions 78
67 Chapter 1--Definitions 78
68 New Division 2A of Part 4A of Chapter 3 inserted 78
69 Heading to Division 8 of Part 4A of Chapter 3 80
70 New section 3.4A.26A inserted 80
71 Heading to Division 4A of Part 8A of Chapter 3 81
72 Minister may determine standard pre-commitment conditions 81
73 Publication and effect of standard pre-commitment conditions 81
74 No compensation for determination of standard
pre-commitment conditions 81
75 Consequential amendments--contravention of standard
entitlement-related conditions 82
Part 7--Agreements 83
76 Part 1 of Chapter 3--Definitions 83
77 New section 3.1.6B inserted 83
78 Disciplinary action against venue operator 84
79 Authority conferred by gaming machine entitlements 84
80 Minister may refuse to allocate gaming machine entitlement if
entitlement-related agreements not entered into 84
iii
Clause Page
81 Directions in relation to entitlement-related agreements with
Minister 84
82 No compensation payable because of direction to enter
entitlement-related agreements under section 3.4A.6A 85
83 States rights in relation to allocated gaming machine
entitlements 85
84 New sections 3.4A.17AAC and 3.4A.17AAD inserted 85
85 Related agreements must be entered into before gaming
machine entitlement may be transferred 86
86 Gaming machine entitlements forfeited if venue operator
defaults under related agreement 87
Part 8--Cashless gaming, electronic funds transfer, cheques,
debit cards and credit cards 88
Division 1--Cashless gaming 88
87 Chapter 1--Definitions 88
88 New Subdivision 3 of Division 3 of Part 5 of Chapter 3
inserted 88
89 Schedule 1 amended 89
Division 2--Cashing cheques and paying out credits 90
90 Section 3.5.32 substituted 90
91 Payment of accumulated credits by cheque or electronic funds
transfer 91
Division 3--Cash facilities 92
92 Chapter 1--Definitions 92
93 Heading to Subdivision 2 of Division 3 of Part 5 of Chapter 3
substituted 93
94 Section 3.5.33C substituted 93
95 Section 3.5.33D substituted 94
96 New section 3.5.33DA inserted 96
97 Conditions of approvals 97
Part 9--Metropolitan Melbourne 98
98 Chapter 1--Definitions 98
99 Schedule 1 amended 98
100 New Schedule 5 inserted 99
101 Consequential amendments--references to Melbourne
Statistical Division 100
iv
Clause Page
Part 10--Other amendments to Principal Act 101
Division 1--Transitional provisions 101
102 Part 32 inserted in Schedule 7 101
Division 2--Minor technical amendments 102
103 Division 6 of Part 1 of Chapter 10--Definitions 102
Part 11--Repeal of amending Act 103
104 Repeal of amending Act 103
═════════════
Endnotes 104
1 General information 104
v
Gambling Regulation Amendment
(Gaming Machine Arrangements)
Act 2017
No. of 2017
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Gambling Regulation
Act 2003 to make special provision for
gaming machine entitlements that take effect
on or after 16 August 2022, including by--
1
Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 1--Preliminary
(i) providing a scheme for the surrender of
those entitlements; and
(ii) providing for the Minister to declare
what percentage of those entitlements
must be club gaming machine
entitlements and what percentage must
be hotel gaming machine entitlements;
and
(iii) providing different taxation
arrangements in relation to those
entitlements; and
(iv) changing the amount that a venue
operator must pay to the Treasurer on
transferring any of those entitlements
to another venue operator; and
(v) providing for those entitlements to
expire after 20 years; and
(b) to further amend the Gambling Regulation
Act 2003--
(i) to provide for the assignment of gaming
machine entitlements; and
(ii) for an increase in the number of club
gaming machine entitlements in which
a venue operator may have an interest;
and
(iii) to provide different arrangements
for Responsible Gambling Codes of
Conduct and self-exclusion programs;
and
(iv) to provide for the Minister to make
standard conditions that deal with
matters relating to gaming machine
entitlements, the provision of
monitoring services and the provision
of responsible gambling services; and
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Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 1--Preliminary
(v) in relation to agreements between
venue operators and other persons; and
(vi) in relation to cashless gaming, cash,
cheques, credit cards, debit cards and
electronic funds transfers; and
(vii) to replace references to the Melbourne
Statistical Division with references to
metropolitan Melbourne; and
(c) to make consequential and related
amendments to other Acts.
2 Commencement
(1) Parts 1 and 9 come into operation on the day
after the day on which this Act receives the
Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation
on a day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
not come into operation before 19 September
2018, it comes into operation on that day.
3 Principal Act
In this Act the Gambling Regulation Act 2003
is called the Principal Act.
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Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022
Part 2--Gaming machine entitlements
that take effect on or after
16 August 2022
Division 1--Surrender
4 Possession of gaming equipment or monitoring
equipment may be authorised
In section 3.2.2(5) of the Principal Act, in the
definition of relevant event, after paragraph (b)
insert--
"(ba) the surrender, under Division 5AA, of all
gaming machine entitlements held by the
operator; or".
5 Gaming machine entitlement allocation and transfer
rules
After section 3.4A.3(1) of the Principal Act
insert--
"(1A) Gaming machine entitlement allocation and
transfer rules may specify, or include a
process for calculating, an amount or
amounts that must be paid by a person to
whom a gaming machine entitlement is
allocated.
Note
Section 3.4A.5(9A) provides that the Minister must
make certain determinations in accordance with these
specifications or processes.
(1B) The specification of, or process for
calculating, an amount referred to in
subsection (1A) for a gaming machine
entitlement that takes effect on or after
16 August 2022 may provide--
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Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022
(a) for an amount in respect of the period
that begins when the entitlement takes
effect and ends on 15 August 2032; and
(b) that the Minister may determine, at a
later date, the amount in respect of the
subsequent period.".
6 Minister may create and allocate gaming machine
entitlements
(1) In section 3.4A.5(1)(b) of the Principal Act,
for "5A." substitute "5A;".
(2) After section 3.4A.5(1)(b) of the Principal Act
insert--
"(c) allocate to venue operators gaming
machine entitlements surrendered under
Division 5AA;
(d) subject to subsection (1A), allocate to venue
operators gaming machine entitlements
that--
(i) have been designated for surrender
under Division 5AA; but
(ii) have not yet been surrendered under
that Division.".
(3) After section 3.4A.5(1) of the Principal Act
insert--
"(1A) The allocation of a gaming machine
entitlement referred to in subsection (1)(d)
takes effect immediately after the entitlement
is surrendered under that Division.".
(4) In section 3.4A.5(4) of the Principal Act, for
"must impose on a gaming machine entitlement
he or she allocates--" substitute "may impose on
a gaming machine entitlement--".
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Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022
(5) After section 3.4A.5(8) of the Principal Act
insert--
"(8A) Subject to subsection (8B), the Minister may
impose or vary a geographic area condition
or venue condition on a gaming machine
entitlement at any time while it is
unallocated.
(8B) The Minister may only vary a venue
condition on a gaming machine entitlement
that is forfeited or surrendered if the Minister
has first offered the entitlement to venue
operators in accordance with the gaming
machine entitlement allocation and transfer
rules for at least 6 months.
(8C) The Minister must not allocate a gaming
machine entitlement that does not include
a geographic area condition and a venue
condition.".
(6) In section 3.4A.5(9) of the Principal Act,
for "The Minister" substitute "Subject to
subsection (9A), the Minister".
(7) After section 3.4A.5(9)(b) of the Principal Act
insert--
"(ba) for a gaming machine entitlement that takes
effect on or after 16 August 2022--
"(i) whether an amount determined under
paragraph (b) is an amount in respect
of the period that begins when the
entitlement takes effect and ends on
15 August 2032;
(ii) that the Minister may determine, at a
later date, the amount in respect of the
subsequent period;".
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Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022
(8) After section 3.4A.5(9) of the Principal Act
insert--
"(9A) The Minister must not make a
determination under subsection (9)(b)
or (ba) that is inconsistent with the
provisions of the gaming machine
entitlement allocation and transfer rules
referred to in section 3.4A.3(1A).".
7 New Division 5AA inserted in Part 4A of Chapter 3
After section 3.4A.20 of the Principal Act
insert--
"Division 5AA--Surrender of gaming
machine entitlements on specified date
3.4A.20AA Rules for surrender of gaming machine
entitlements
(1) The Minister may make rules in accordance
with which a venue operator who holds a
gaming machine entitlement may designate
that entitlement as one that is to be
surrendered at midnight on a day specified
in those rules.
(2) The rules may contain provisions that--
(a) apply generally or are 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.
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Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022
(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.
3.4A.20AAB Surrender of designated gaming machine
entitlements
(1) A gaming machine entitlement that has been
designated in accordance with the rules
under section 3.4A.20AA is surrendered at
midnight on the day that, under those rules,
applies in relation to that entitlement.
(2) On the surrender of a gaming machine
entitlement--
(a) the entitlement is taken to be
unallocated; and
(b) the geographic area condition imposed
on the entitlement is removed; and
(c) any interest, right or privilege in or
to which the entitlement is subject
(other than an interest, right or privilege
held by, or granted in favour of, the
State) is, by force of this subsection,
extinguished.
3.4A.20AAC No compensation payable because of
surrender of gaming machine entitlements
No compensation is payable by the State to
any person as a result of--
(a) the surrender of a gaming machine
entitlement under this Division; or
(b) the operation of section 3.4A.20AAB.
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Gambling Regulation Amendment (Gaming Machine Arrangements)
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No. of 2017
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022
3.4A.20AAD Certain amounts become immediately
payable
(1) On and after the day on which a gaming
machine entitlement is surrendered under
this Division, any amount owed to the State
for the allocation of the entitlement to the
venue operator (other than an amount
excluded by subsection (3)) becomes
immediately due and payable to the State.
(2) Subsection (1) applies to an amount owed
to the State whether it is owed under an
agreement or otherwise.
(3) An amount that becomes immediately due
and payable under subsection (1) does not
include any amount determined by the
Minister under section 3.4A.5(9)(b) in
respect of any period after the surrender of
the entitlement.
(4) The venue operator is not liable to pay any
amount excluded under subsection (3).
(5) An amount that becomes immediately due
and payable under subsection (1) may be
recovered in a court of competent
jurisdiction as a debt due to the State.
(6) This section applies despite any agreement to
the contrary.
3.4A.20AAE Ministerial Order for extinguishment
(1) The Minister may, by Order published in the
Government Gazette, extinguish any gaming
machine entitlements that--
(a) have been surrendered under this
Division; and
(b) have not been allocated since.
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No. of 2017
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022
(2) In making an Order under this section, the
Minister must take the following matters into
account--
(a) the extinguishment must result in at
least 20% of all remaining gaming
machine entitlements authorising the
conduct of gaming in a region or
municipal district outside metropolitan
Melbourne;
(b) the extinguishment must not result in a
contravention of section 3.4A.5AA(2).
Note
Section 3.4A.5AA(2) specifies that certain
percentages of gaming machine entitlements
must relate to specified types of approved
venues.
3.4A.20AAF Effect of order
On the day on which an Order made under
section 3.4A.20AAE is published in the
Government Gazette, the gaming machine
entitlements specified in the Order are
extinguished.
Note
Related interests, rights and privileges in or to which the
entitlement is subject will already have been extinguished
by section 3.4A.20AAB(2)(c).
3.4A.20AAG No compensation payable
No compensation is payable by the State as
a result of the making of an Order under
section 3.4A.20AAE or the operation of
section 3.4A.20AAF.".
8 Ministerial Order for extinguishment
(1) In section 3.4A.20K(1) of the Principal Act, after
"including gaming machine entitlements" insert
"surrendered under Division 5AA or".
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Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022
(2) In section 3.4A.20K(2) of the Principal Act, after
"section" insert "3.4A.20AAE or".
(3) After section 3.4A.20K(3)(a) of the Principal Act
insert--
"(ab) entitlements that have been surrendered
under Division 5AA--
(i) must be extinguished before
entitlements that have been forfeited;
and
(ii) need not be extinguished in the order in
which they were surrendered;".
9 Effect of Order
After section 3.4A.20L(2) of the Principal Act
insert--
"(3) To avoid doubt, the extinguishment under
this Division of an entitlement that has been
surrendered under Division 5AA does not
affect the operation of section 3.4A.20AAD
in relation to the entitlement.".
Division 2--Venue ratios
10 Minister may create and allocate gaming machine
entitlements
For section 3.4A.5(6) of the Principal Act
substitute--
"(6) The imposition of venue conditions under
subsection (4)(b) must not result in a
contravention of section 3.4A.5AA(1) or (2).
Note
Section 3.4A.5AA(1) and (2) specify that certain
percentages of gaming machine entitlements must
relate to specified types of approved venues.".
11
Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022
11 New section 3.4A.5AA inserted
After section 3.4A.5 of the Principal Act insert--
"3.4A.5AA Proportions of gaming machine
entitlements for venues of different types
(1) The following provisions apply to gaming
machine entitlements that expire on
15 August 2022--
(a) 50% of those entitlements must be club
gaming machine entitlements; and
(b) 50% of those entitlements must be hotel
gaming machine entitlements.
(2) The following provisions apply to gaming
machine entitlements that take effect on or
after 16 August 2022--
(a) if a declaration under subsection (3) is
in force--
(i) the percentage of those
entitlements that are club gaming
machine entitlements must be in
accordance with that declaration;
and
(ii) the percentage of those
entitlements that are hotel gaming
machine entitlements must be in
accordance with that declaration;
or
(b) otherwise--
(i) 50% of those entitlements must
be club gaming machine
entitlements; and
(ii) 50% of those entitlements must
be hotel gaming machine
entitlements.
12
Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022
(3) The Minister may make a declaration that
specifies the permissible percentages of club
gaming machine entitlements and hotel
gaming machine entitlements for the
purposes of subsection (2)(a).
(4) The Minister must publish a declaration
under subsection (3) in the Government
Gazette.".
12 Commission decision on the request
For section 3.4A.13(4) of the Principal Act
substitute--
"(4) The effect of a decision of the Commission
to amend a venue condition must not be to
contravene 3.4A.5AA(1) or (2).".
13 Ministerial Order for extinguishment
For section 3.4A.20K(3)(d) of the Principal Act
substitute--
"(d) the extinguishment must not result in a
contravention of section 3.4A.5AA(1) or (2).
Note
Section 3.4A.5AA(1) and (2) specify that certain
percentages of gaming machine entitlements must
relate to specified types of approved venues.".
13
Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022
Division 3--Taxation
14 Division 2 of Part 6 of Chapter 3--Definitions
(1) In section 3.6.2 of the Principal Act, in the
definition of required community benefit
contribution, for "year." substitute "year;".
(2) In section 3.6.2 of the Principal Act insert the
following definition--
"revenue, in relation to the conduct of gaming
under a gaming machine entitlement, means
the total amount earned from bets made on a
gaming machine operated under that
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.".
15 Taxation in relation to gaming in approved venues
with pub licences until 16 August 2022
(1) In the heading to section 3.6.6A of the
Principal Act, after "licences" insert
"until 16 August 2022".
(2) For section 3.6.6A(1) of the Principal Act
substitute--
"(1) This section applies--
(a) to a venue operator who conducts or
may conduct gaming under gaming
machine entitlements in an approved
venue in respect of which there is in
force a pub licence; and
(b) in relation to each calendar month up to
and including August 2022.".
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Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022
(3) After section 3.6.6A(2) of the Principal Act
insert--
"(2A) For the purposes of this section, the last day
of the calendar month of August 2022 is
taken to be 15 August 2022.
Note
Section 3.6.6C provides a tax that applies in relation
to the period of time beginning 16 August 2022.".
(4) For section 3.6.6A(3) of the Principal Act
substitute--
"(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 applicable table by the rate specified
in column 2 of the applicable table opposite
those parts of the average revenue per
gaming machine entitlement.
(3A) The applicable table for a calendar month
before August 2022 is the following Table.
Table for months before August 2022
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 55*03%
exceed $12 500
exceeds $12 500 62*53%
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Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022
(3B) The applicable table for the calendar month
of August 2022 is the following Table.
Table for August 2022
Column 1 Column 2
The part of average revenue
per gaming machine
entitlement that: Rate
does not exceed $1290 8*33%
exceeds $1290 but does not 55*03%
exceed $6048.39
exceeds $6048.39 62*53%
".
(5) Section 3.6.6A(8) of the Principal Act is
repealed.
16 Taxation in relation to gaming in approved venues
with club licences until 16 August 2022
(1) In the heading to section 3.6.6B of the
Principal Act, after "licences" insert
"until 16 August 2022".
(2) For section 3.6.6B(1) of the Principal Act
substitute--
"(1) This section applies--
(a) to a venue operator who 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 a racing club
licence; and
(b) in relation to each calendar month up to
and including August 2022.".
16
Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022
(3) After section 3.6.6B(2) of the Principal Act
insert--
"(2A) For the purposes of this section, the last day
of the calendar month of August 2022 is
taken to be 15 August 2022.
Note
Section 3.6.6C provides a tax that applies in relation
to the period of time beginning 16 August 2022.".
(4) For section 3.6.6B(3) of the Principal Act
substitute--
"(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 applicable table by the rate specified
in column 2 of the applicable table opposite
those parts of the average revenue per
gaming machine entitlement.
(3A) The applicable table for a calendar month
before August 2022 is the following Table.
Table for months before August 2022
Column 1 Column 2
The part of average revenue
per gaming machine
entitlement that: Rate
exceeds $2666 but does not 46*7%
exceed $12 500
exceeds $12 500 54*2%
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Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 2--Gaming machine entitlements that take effect on or after
16 August 2022
(3B) The applicable table for the calendar month
of August 2022 is the following Table.
Table for August 2022
Column 1 Column 2
The part of average revenue
per gaming machine
entitlement that: Rate
exceeds $1290 but does not 46*7%
exceed $6048.39
exceeds $6048.39 54*2%
".
(5) Section 3.6.6B(8) of the Principal Act is repealed.
17 New sections 3.6.6C and 3.6.6D inserted
After section 3.6.6B of the Principal Act insert--
"3.6.6C Taxation in relation to gaming in
approved venues on and after
16 August 2022
(1) This section applies--
(a) to a venue operator who conducts or
may conduct gaming under gaming
machine entitlements in an approved
venue in respect of which there is a
pub licence, a club licence or a racing
club licence in force; and
(b) on and after 16 August 2022.
(2) For each approved venue in which the venue
operator conducts or may conduct gaming
under gaming machine entitlements, the
venue operator must pay to the Commission,
to be paid into the Consolidated Fund, the
tax calculated as follows--
T = GM T × E
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where--
T is the tax payable for a calendar month;
GMT is the tax per gaming machine
entitlement held in respect of which
there is a gaming machine installed at
the approved venue that is connected
to the electronic monitoring system in
accordance with this Act in a calendar
month determined in accordance with
subsection (4);
E is the total number of gaming machine
entitlements held by the venue operator
in respect of which there is a gaming
machine installed at the approved
venue that is connected to the electronic
monitoring system in accordance with
this Act on each day in a calendar
month divided by the number of days in
that month.
(3) For the purposes of this section, the calendar
month of August 2022 is taken to begin on
16 August 2022.
(4) 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 applicable table by the rate specified,
opposite those parts of the average revenue
per gaming machine entitlement, in--
(a) if the entitlement is a club gaming
machine entitlement, column 2 of the
applicable table; or
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(b) if the entitlement is a hotel gaming
machine entitlement, column 3 of the
applicable table.
(5) The applicable table for the calendar month
of August 2022 is the following Table.
Table for August 2022
Column 1 Column 2 Column 3
Rate for Rate for
The part of average club hotel
revenue per gaming gaming gaming
machine entitlement machine machine
that: entitlement entitlement
does not exceed 0*00% 8*33%
$1376
exceeds $1376 but 46*70% 55*03%
does not exceed
$3440.86
exceeds $3440.86 51*17% 57*50%
but does not exceed
$6451.61
exceeds $6451.61 60*67% 65*00%
(6) The applicable table for a calendar month
after August 2022 is the following Table.
Table for months after August 2022
Column 1 Column 2 Column 3
Rate for Rate for
The part of average club hotel
revenue per gaming gaming gaming
machine entitlement machine machine
that: entitlement entitlement
does not exceed 0*00% 8*33%
$2666
exceeds $2666 but 46*70% 55*03%
does not exceed
$6666.67
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Column 1 Column 2 Column 3
Rate for Rate for
The part of average club hotel
revenue per gaming gaming gaming
machine entitlement machine machine
that: entitlement entitlement
exceeds $6666.67 51*17% 57*50%
but does not exceed
$12 500
exceeds $12 500 60*67% 65*00%
(7) In subsection (4) average revenue per
gaming machine entitlement means revenue
earned by a venue operator in a calendar
month from the conduct of gaming under
each gaming machine entitlement in the
approved venue calculated on the following
basis--
TR
MT
where--
TR is the total revenue earned at the
approved venue from the conduct of
gaming under all gaming machine
entitlements in the calendar month;
MT is the average number of gaming
machine entitlements in respect of
which there is a gaming machine
installed at the approved venue that is
connected to the electronic monitoring
system in accordance with this Act in
the calendar month.
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(8) In subsection (7) average number of gaming
machine entitlements means the sum of the
total number of gaming machine entitlements
in respect of which there is a gaming
machine installed at the approved venue that
is connected to the electronic monitoring
system in accordance with this Act on each
day of the calendar month divided by the
number of days in that month.
(9) If the application of subsection (8) 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.
(10) The tax payable under subsection (2) is
payable within 7 days after the end of the
calendar month to which the tax relates.
3.6.6D Review of tax rates under section 3.6.6C
(1) After 16 August 2023, the Treasurer must
cause a review of the rates set out in
section 3.6.6C(6) to be undertaken.
(2) On or before 16 February 2024, the
Treasurer must either--
(a) cause a copy of the review to be laid
before each House of the Parliament; or
(b) if a House of the Parliament is not
sitting on the day on which the
Treasurer intends to cause a copy of the
review to be laid before that House,
give the copy of the review to the clerk
of that House.
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(3) If the clerk of a House of the Parliament
receives a copy of a review under subsection
(2)(b), the clerk must--
(a) as soon as practicable after the review
is received, notify each member of the
House of the receipt of the review and
advise that the review is available on
request; and
(b) give a copy of the review to any
member of the House on request to
the clerk; and
(c) cause the review to be laid before the
House on the next sitting day of the
House.
(4) A copy of a review that is given to a
clerk of a House of the Parliament under
subsection (2)(b) is taken to have been
published by order, or under the authority
of, that House.".
18 Declaration for club venue operators to pay
different tax in some circumstances
(1) In section 3.6.8(1) and (4A) of the Principal Act--
(a) for "section 3.6.6B," substitute
"the applicable club provision,";
(b) for "section 3.6.6A" substitute
"the applicable pub provision".
(2) After section 3.6.8(4C) of the Principal Act
insert--
"(5) In this section--
applicable club provision means--
(a) in relation to a period ending
before 16 August 2022,
section 3.6.6B; and
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(b) in relation to a period starting
on or after 16 August 2022,
section 3.6.6C;
applicable pub provision means--
(a) in relation to a period ending
before 16 August 2022,
section 3.6.6A; and
(b) in relation to a period starting
on or after 16 August 2022,
section 3.6.6C.".
19 Hospitals and charities and mental health levy
For section 3.6.11(3) of the Principal Act
substitute--
"(3) The relevant gaming machine entitlement
amount for a particular financial year is
the amount that is equal to the sum of the
amounts paid into the Consolidated Fund in
respect of that year under section 3.6.6A,
3.6.6B and 3.6.6C (less any amount payable
into the Community Support Fund under
section 3.6.12).".
20 Payment to community support fund
After section 3.6.12(2) of the Principal Act
insert--
"(2A) To avoid doubt, in calculating a relevant
pub gaming machine entitlement amount for
a period any part of which is in or after
August 2022--
(a) it does not matter that section 3.6.6A
does not apply to, or impose any tax
for, any part of that period; and
(b) section 3.6.6A(2A) does not apply.".
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Division 4--Payment to Treasurer on transfer of
gaming machine entitlement
21 Gaming machine entitlements that expire on
15 August 2022 and that are transferred before
specified date
(1) In the heading to section 3.4A.18 of the Principal
Act, after "entitlements" insert "that expire on
15 August 2022 and".
(2) In section 3.4A.18(1) of the Principal Act,
after "a gaming machine entitlement" insert
"that expires on 15 August 2022".
22 New section 3.4A.18A inserted
After section 3.4A.18 of the Principal Act
insert--
"3.4A.18A Gaming machine entitlements that take
effect on or after 16 August 2022 and that
are transferred during specified period
(1) This section applies if a venue operator
(the transferor), in accordance with the
gaming machine entitlement allocation and
transfer rules, transfers a gaming machine
entitlement that takes effect on or after
16 August 2022 to another venue operator
(the transferee) during--
(a) the period beginning on the day on
which the entitlement was allocated and
ending on the day 18 months after the
gaming machine entitlement declared
day that applies to the entitlement; or
(b) the period beginning on the tenth
anniversary of the gaming machine
entitlement declared day that applies to
the entitlement and ending on the day
18 months after that.
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(2) Unless the transferor is granted an exemption
under section 3.4A.19 or 3.4A.19A, the
transferor must pay to the Treasurer the
amount calculated as follows--
SP − AP
where--
SP is the sale price, being the price paid to
the transferor in respect of the transfer
of the gaming machine entitlement;
AP is the allocation price, which--
(a) is the amount paid by the
transferor for the allocation of
the transferred gaming machine
entitlement as determined under
section 3.4A.5(9)(b); and
(b) does not include any amount
determined, or to be determined,
under section 3.4A.5(9)(ba)(ii)
if the period referred to in that
provision has not yet commenced.
(3) Unless the transferee is granted an
exemption under section 3.4A.19 or
3.4A.19A, the transferee must pay to the
Treasurer the amount calculated as follows--
HAP − AP
where--
HAP is the hypothetical allocation price
referred to in subsection (4) and
determined in accordance with
subsection (5);
SP is the sale price, being the
amount referred to by that name
in subsection (2).
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(4) The hypothetical allocation price is the
amount that would have been payable by the
transferee for the allocation of the transferred
gaming machine entitlement if it had been
allocated--
(a) to the transferee rather than the
transferor; and
(b) to enable the transferee to conduct
gaming at the approved venue specified
by the transferee under section 3.4.13A
in respect of the entitlement.
(5) The hypothetical allocation price is to be
determined by applying the provisions of
the gaming machine entitlement allocation
and transfer rules referred to in section
3.4A.3(1A) on the basis set out in
subsection (4).
(6) If an amount calculated under subsection (2)
or (3) is less than $0, the amount is taken to
be calculated as $0.
(7) If an amount calculated under subsection (2)
or (3) 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
amount.
(8) The Treasurer may recover an amount
payable under subsection (2) or (3) as a
debt due to the State.".
23 Exemption from requirement to pay for transfer
related to refusal to grant relevant authority
(1) In the heading to section 3.4A.19 of the Principal
Act, for "75% of prescribed profit obtained on
transfer" substitute "for transfer related to
refusal to grant relevant authority".
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(2) For section 3.4A.19(1) of the Principal Act
substitute--
"(1) On the application of a venue operator,
the Treasurer may, in accordance with
subsection (2), exempt the operator from a
requirement under section 3.4A.18(2), or
under section 3.4A.18A(2) or (4), to pay an
amount to the Treasurer in relation to the
transfer of a gaming machine entitlement.".
(3) In section 3.4A.19(2) of the Principal Act, after
"exemption" insert "under subsection (1)".
24 New section 3.4A.19A inserted
After section 3.4A.19 of the Principal Act
insert--
"3.4A.19A Exemption from requirement to pay for
transfer related to sale of approved venue
(1) On the application of a venue operator,
the Treasurer may, in accordance with
subsections (2) and (3), exempt the
operator from a requirement under section
3.4A.18(2), or under section 3.4A.18A(2)
or (4), to pay an amount to the Treasurer in
relation to the transfer of a gaming machine
entitlement.
(2) The Treasurer may only give an exemption
under subsection (1) if--
(a) the venue operator who transferred the
gaming machine entitlement has sold,
or has entered into an agreement to
sell, an approved venue to the venue
operator to whom the entitlement is
transferred; and
(b) the Treasurer is satisfied that the
transfer is related to the sale of the
approved venue.
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(3) The maximum number of gaming machine
entitlements that may be exempted under
subsection (1) in relation to the sale of a
particular approved venue is the number of
gaming machines that, immediately before
the agreement for the sale was entered
into, was specified in the transferor's venue
operator's licence under section 3.4.12(2)(b)
as the number of gaming machines permitted
in the venue.
(4) The Treasurer must not give an exemption
under subsection (1) if to do so would
contravene subsection (3).".
25 Hospitals and Charities Fund
In section 3.4A.20 of the Principal Act, after
"section 3.4A.18" insert "or 3.4A.18A".
Division 5--Expiry
26 Duration of gaming machine entitlements
For section 3.4A.7(1) of the Principal Act
substitute--
"(1) A gaming machine entitlement takes effect
on the day determined by the Minister under
section 3.4A.5(9)(e).
(1A) Subject to subsection (2), a gaming machine
entitlement remains in force for a period that
ends--
(a) if the entitlement took effect on or after
16 August 2012 and before 16 August
2022, at midnight on 15 August 2022;
or
(b) if the entitlement took effect on or
after 16 August 2022, at midnight
on 15 August 2042.
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(1B) A gaming machine entitlement remains in
force in accordance with subsection (1A)
whether or not it is surrendered under
Division 5AA or forfeited to the State under
Division 6, 7, 8 or 8A and allocated to
another venue operator during the period
referred to in that subsection.".
27 Gaming machine entitlements may authorise
preparatory action
(1) In section 3.4A.9(4) of the Principal Act, for
"3.4A.7(1)(a)," substitute "3.4A.7(1),".
(2) Section 3.4A.9(5) of the Principal Act is
repealed.
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28 Who is an associate?
After section 1.4(1) of the Principal Act insert--
"(1A) For the purposes of this Act, a person is
not taken to be an associate of a gambling
industry participant only because the person
and the participant are parties to a registered
assignment agreement within the meaning of
Chapter 3.".
29 Part 1 of Chapter 3--Definitions
In section 3.1.2 of the Principal Act insert the
following definitions--
"assigned, in relation to a gaming machine
entitlement, means assigned under
Division 3A of Part 4A;
assignee has the meaning given in
section 3.4A.11D;
assignment agreement has the meaning given
in section 3.4A.11D;
assignor has the meaning given in
section 3.4A.11D;
gaming machine entitlement assignment rules
means rules made under section 3.4A.11F;
registered assignment agreement means an
assignment agreement registered by the
Commission under section 3.4A.11H;".
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30 Possession of gaming equipment or monitoring
equipment may be authorised
(1) After section 3.2.2(2C) of the Principal Act
insert--
"(2D) The Commission must not give an
authorisation under subsection (2B) in
respect of a relevant event that is the
assignment of a gaming machine entitlement
except to authorise the venue operator to
be in possession of, or sell or dispose of,
gaming equipment at the venue that is
associated with the entitlement.
(2E) For the purposes of subsection (2D), an
approved venue (or a venue whose approval
under Part 3 is suspended) is associated with
an assigned gaming machine entitlement if--
(a) the venue operator has notified the
Commission under section 3.4.13A that
gaming will be conducted by the venue
operator at that venue under that
entitlement; and
(b) that notification has not been
superseded by a subsequent notification
under section 3.4.13A (other than a
notification relating to the conduct of
gaming under that entitlement by the
assignee).".
(2) In section 3.2.2(5) of the Principal Act, in the
definition of relevant event, before paragraph (a)
insert--
"(aa) the assignment of a gaming machine
entitlement held by the operator; or".
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31 Duration of approval
(1) In section 3.3.10 of the Principal Act, for "An"
substitute "Subject to subsection (2), an".
(2) At the end of section 3.3.10 of the Principal Act
insert--
"(2) An approval of premises as suitable for
gaming is taken not to be in force while it is
suspended.".
32 Register of venue operators and approved venues
In section 3.4.13(2)(g) of the Principal Act--
(a) in subparagraph (iii), for "conducted."
substitute "conducted; and".
(b) after subparagraph (iii) insert--
"(iv) if the gaming machine entitlement is
assigned, details of the assignment
(including the identity of the venue
operator to whom it is assigned).".
33 Division 2A of Part 4 of Chapter 3--Definitions
(1) In section 3.4.28A of the Principal Act, for the
definition of prohibited venue agreement
substitute--
"prohibited venue agreement has the meaning
given in section 3.4.28AB;".
(2) In section 3.4.28A of the Principal Act, in the
definition of reviewable venue agreement, for
"means" substitute "means, subject to
subsection (2),".
(3) At the end of section 3.4.28A of the Principal Act
insert--
"(2) A registered assignment agreement is not a
reviewable venue agreement.".
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34 New section 3.4.28AB inserted
After section 3.4.28A of the Principal Act
insert--
"3.4.28AB Meaning of prohibited venue agreement
(1) A prohibited venue agreement is 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.
(2) An entitlement-related agreement is not a
prohibited venue agreement only because--
(a) the agreement provides for an amount
or amounts to be paid by a venue
operator who holds a gaming machine
entitlement; and
(b) the amount is, or the amounts are,
calculated by reference to gaming
machine revenue earned by the venue
operator.
(3) An assignment agreement is not a prohibited
venue agreement unless it provides for the
payment of an amount calculated by
reference to gaming machine revenue in
respect of the conduct of gaming--
(a) under specific gaming machine
entitlements; or
(b) on specific gaming machines.".
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35 Commission may declare certain agreements to be
reviewable venue agreements
In section 3.4.28B(1) of the Principal Act, after
"other than" insert "a registered assignment
agreement or".
36 New Division 3A of Part 4A of Chapter 3 inserted
After section 3.4A.11C of the Principal Act
insert--
"Division 3A--Assignment of gaming
machine entitlements
3.4A.11D What is an assignment agreement?
An assignment agreement is an agreement
between a venue operator (the assignor) and
another venue operator (the assignee) that--
(a) provides for one or more gaming
machine entitlements held by the
assignor to be assigned to the
assignee--
(i) under section 3.4A.11I; and
(ii) for a period specified in the
agreement; and
(b) specifies the approved venues in which
the assignee will conduct gaming under
each assigned gaming machine
entitlement; and
(c) provides for the assignee to pay an
amount or amounts to the assignor.
3.4A.11E Gaming machine entitlement may be
assigned only by registered assignment
agreement
(1) An assignment agreement is of no effect
unless it is registered by the Commission
under section 3.4A.11H.
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(2) Any other agreement or deed that purports to
assign a gaming machine entitlement, or a
right or obligation under a gaming machine
entitlement, is of no effect.
3.4A.11F Gaming machine entitlement assignment
rules
(1) The Minister may make rules for or with
respect to--
(a) the assignment of gaming machine
entitlements; and
(b) the process for the registration of
assignment agreements by the
Commission under section 3.4A.11H.
(2) Gaming machine entitlement assignment
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.
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3.4A.11G Venue operator may apply to Commission
for registration of assignment agreement
(1) A venue operator who is a party to an
assignment agreement may, in accordance
with the gaming machine entitlement
assignment rules, apply to the Commission
for registration of the agreement.
(2) An application must be--
(a) in the form approved by the
Commission; and
(b) accompanied by the prescribed fee.
3.4A.11H Commission may register assignment
agreement
(1) On receiving an application under
section 3.4A.11G, the Commission may,
in accordance with the gaming machine
entitlement assignment rules, register the
assignment agreement.
(2) The Commission must not register the
assignment agreement if--
(a) either party to the agreement does not
hold a club venue operator's licence; or
(b) the Commission considers that the
conduct of gaming, by the assignee,
in the assignee's approved venue, and
under a gaming machine entitlement
specified in the agreement, would result
in the contravention of--
(i) the assignee's venue operator's
licence; or
(ii) the assignee's approval of
premises as suitable for gaming;
or
(iii) a provision of this Act; or
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(iv) a condition imposed by the
Minister on the entitlement under
section 3.4A.5(4); or
(v) an entitlement-related agreement;
or
(vi) an agreement referred to in
section 3.4A.11A, 3.8A.15
or 3.8A.16; or
(vii) a regional limit or municipal limit;
or
(c) the agreement provides for the
assignment of a gaming machine
entitlement for a period that exceeds
the duration of the gaming machine
entitlement; or
(d) the agreement does not comply with
the gaming machine entitlement
assignment rules.
(3) In considering the matters referred to in
subsection (2)(b)(iv) and (vii) in relation
to a particular gaming machine entitlement,
the Commission must have regard to any
proposed amendment to the geographic area
condition imposed on the entitlement.
3.4A.11I Effect of registration of assignment
agreement
(1) This section applies if an assignment
agreement is registered under
section 3.4A.11H.
(2) On the applicable day under subsection (3),
each gaming machine entitlement specified
in the agreement is assigned, in accordance
with this section, to the assignee--
(a) for the period specified in the
agreement; and
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(b) subject to--
(i) this Division; and
(ii) the gaming machine entitlement
assignment rules; and
(iii) the agreement.
(3) The applicable day is--
(a) if the agreement specifies a day on
which the gaming machine entitlements
are to be assigned, and that day is after
the day on which the agreement is
registered, the specified day; or
(b) otherwise, the day on which the
agreement is registered.
(4) For the duration of the assignment of a
gaming machine entitlement--
(a) except as set out in subsections (5)
and (6), the assignee (and not the
assignor) is taken to be the holder of
the entitlement; and
(b) without limiting paragraph (a), the
entitlement authorises the assignee
(and not the assignor) to conduct
gaming under the entitlement.
(5) Despite subsection (4)(a), the assignor
(and not the assignee) is taken to be the
holder of an assigned gaming machine
entitlement for the purposes of--
(a) section 3.4.13(2)(g); and
(b) section 3.4.28AB(2); and
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(c) the liability for, or payment of, an
amount or amounts in relation to
the entitlement as determined under
section 3.4A.5(9) in accordance with
an entitlement-related agreement; and
(d) Division 5; and
(e) Division 5AA; and
(f) Division 5A; and
(g) section 3.4A.26A; and
(h) Division 8A.
(6) Despite subsection (4)(a), each of the
assignor and the assignee is taken to be
the holder of an assigned gaming machine
entitlement for the purposes of--
(a) the definition of entitlement holder
in section 1.3(1); and
(b) section 3.2A.7; and
(c) Division 4; and
(d) sections 3.4.28C and 3.4.28D; and
(e) section 3.4A.14A; and
(f) the definition of gaming machine
services provider in section 9A.1.1; and
(g) any conditions of a venue operator's
licence that are expressed to apply
in relation to a gaming machine
entitlement held by a venue operator.
(7) For the duration of the assignment of a
gaming machine entitlement, the assignor
is not taken to be permitting or allowing the
conduct of gaming under the entitlement.
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3.4A.11J No entitlement to or legitimate expectation
of approval of venue
To avoid doubt, a venue operator does not,
by reason only that the operator is the
assignee for 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.
3.4A.11K Restrictions on assignor for duration of
assignment
(1) For the duration of the assignment of a
gaming machine entitlement, the assignor
is subject to the provisions of this section
despite anything to the contrary in this Act
(other than section 3.4A.11R).
(2) The assignor must not exercise any control,
whether directly or indirectly, in relation to
the conduct of gaming by the assignee.
(3) The approval, under Part 3, for the assignor's
venue that is associated with the gaming
machine entitlement is suspended.
(4) For the purposes of subsection (3), an
approved venue (or a venue whose approval
under Part 3 is suspended) is associated with
a gaming machine entitlement if--
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(a) the Commission has been notified
under section 3.4.13A that gaming
will be conducted by the assignor at
that venue under that entitlement; and
(b) that notification has not been
superseded by a subsequent notification
under section 3.4.13A (other than a
notification relating to the conduct of
gaming under that entitlement by the
assignee).
3.4A.11L Gaming under registered assignment
agreement must be commenced within
6 months
An assignee must commence the conduct
of gaming by means of an approved gaming
machine under an assigned gaming machine
entitlement within 6 months of the day on
which the entitlement is assigned under
section 3.4A.11I.
3.4A.11M Assignment ended if gaming not
commenced within 6 months
If an assignee does not comply with
section 3.4A.11L in relation to a gaming
machine entitlement, the assignment of the
entitlement is terminated at the end of the
6-month period referred to in that section.
3.4A.11N Variation of registered assignment
agreement
If the parties to a registered assignment
agreement vary the agreement, the assignor
must, within 7 days, give the Commission a
notice in writing setting out the variation.
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3.4A.11O Commission may deregister registered
assignment agreement
(1) This section applies if the Commission has
received a notice under section 3.4A.11N
or 3.4A.17AA concerning the variation of a
registered assignment agreement (including
by the substitution of parties).
(2) The Commission may serve notice under
subsection (3) on the assignor and the
assignee if the Commission considers that
the agreement as varied does not comply
with the requirements for registration set
out in section 3.4A.11H(2).
(3) A notice under this subsection must give
the assignor and the assignee an opportunity
to show cause within 28 days why the
agreement should not be deregistered.
(4) Each of the assignor and the assignee,
within the period allowed by the notice, may
arrange with the Commission for the making
of submissions to the Commission as to why
the agreement should not be deregistered.
(5) The Commission must consider the
submissions made in accordance with an
arrangement referred to in subsection (4).
(6) If the Commission then considers that the
agreement as varied does not comply with
the requirements for registration set out in
section 3.4A.11H(2), the Commission may
give the assignor and the assignee a notice
in writing specifying the day on which the
agreement is to be deregistered.
(7) On the day specified in the notice under
subsection (6), the agreement is deregistered
and terminated.
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3.4A.11P Termination of registered assignment
agreement if licence expires or is cancelled
or suspended
A registered assignment agreement is
terminated if the venue operator's licence
held by the assignor or the assignee expires
or is cancelled or suspended.
3.4A.11Q Termination of assignment if venue
approval revoked or venue removed from
licence
(1) The assignment of a gaming machine
entitlement is terminated if--
(a) the assignee's approval, under Part 3,
for the venue associated with the
entitlement is revoked; or
(b) the premises that were the venue
associated with the entitlement are
removed from the assignee's venue
operator's licence.
(2) For the purposes of subsection (1), an
approved venue (or a venue whose approval
under Part 3 is suspended) is associated with
a gaming machine entitlement if--
(a) the Commission has been notified
under section 3.4.13A that gaming will
be conducted by the assignee at that
venue under that entitlement; and
(b) that notification has not been
superseded by a subsequent notification
under section 3.4.13A.
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3.4A.11R Preparatory action authorised in relation
to termination of assignment
(1) On and after the day that is 20 business
days before the day on which, as specified
in a registered assignment agreement, the
assignment of a gaming machine entitlement
is to end, the assignor is authorised to take
preparatory action even though the
entitlement is still assigned.
(2) For the purpose of any preparatory action
taken in accordance with subsection (1)--
(a) the gaming machine entitlement is
taken not to be assigned; and
(b) if a temporary amendment was made to
the geographic area condition imposed
on the entitlement, and the end of the
assignment is to cause that amendment
to expire, that amendment is taken not
to have been made; and
(c) the approved venue that is suspended
under section 3.4A.11K(3) is taken not
to be suspended.
(3) In this section--
preparatory action has the same meaning as
it has in section 3.4A.9.
3.4A.11S No compensation payable
No compensation is payable by the State to
any person because of--
(a) the operation of any provision of a
registered assignment agreement; or
(b) the operation of this Act in relation to
a registered assignment agreement; or
(c) the termination of the assignment of
a gaming machine entitlement.".
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37 New section 3.4A.11T inserted
After the heading to Division 4 of Part 4A of
Chapter 3 of the Principal Act insert--
"3.4A.11T Temporary amendment rules
(1) The Minister may make rules for or with
respect to the temporary amendment of a
geographic area condition on a gaming
machine entitlement.
(2) The rules may provide for the circumstances
and manner in which the Commission
may make, vary or revoke a temporary
amendment to a geographic area condition
on a gaming machine entitlement.
(3) The 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.
(4) The rules must be published in the
Government Gazette.
(5) 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.".
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38 Request for amendment of geographic area
condition or venue condition
(1) In section 3.4A.12(1) of the Principal Act, for
"A venue operator" substitute "Subject to
subsection (1B), a venue operator".
(2) After section 3.4A.12(1) of the Principal Act
insert--
"(1A) A request under subsection (1) may be for
the variation or revocation of a temporary
amendment made to a geographic area
condition.
(1B) A venue operator to whom a gaming
machine entitlement is assigned must not
request the Commission to make an
amendment to a condition to which that
entitlement is subject other than--
(a) a temporary amendment of a
geographic area condition on the
entitlement; or
(b) the variation or revocation of a
temporary amendment referred to in
paragraph (a).".
39 Commission decision on the request
After section 3.4A.13(5) of the Principal Act
insert--
"(5A) The Commission may, in accordance with
section 3.4A.13A and the rules under
section 3.4A.11T--
(a) make an amendment to a geographic
area condition as a temporary
amendment; or
(b) vary or revoke a temporary amendment
referred to in paragraph (a).
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Part 3--Assignment of gaming machine entitlements
(5B) On and after the expiry or revocation of
a temporary amendment referred to in
subsection (5A), the entitlement is taken
to have the geographic area condition that it
had immediately before the amendment was
made.
Note
Section 3.4A.13B provides for a grace period in
relation to the expiry of the temporary amendment
in certain circumstances.".
40 New sections 3.4A.13A and 3.4A.13B inserted
After section 3.4A.13 of the Principal Act
insert--
"3.4A.13A Temporary amendments to geographic
area conditions
(1) This section applies to the Commission in
making or varying a temporary amendment
to a geographic area condition on a gaming
machine entitlement under
section 3.4A.13(5A).
(2) The temporary amendment--
(a) must be expressed so that it expires at
the end of specified period; and
(b) may also be expressed so that if a
specified event occurs before the end
of that period, the amendment expires
on, or within a specified period after,
that specified event instead.
(3) Without limiting subsection (2)(b), a
specified event referred to in that provision
may relate to--
(a) the expiry of a temporary amendment
to the geographic area condition on any
other gaming machine entitlement; or
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(b) the revocation of a temporary
amendment to the geographic area
condition on any other gaming machine
entitlement; or
(c) the termination of the assignment of
any other gaming machine entitlement
under Division 3A, whether--
(i) at the end of the full period
specified in the registered
assignment agreement for that
entitlement; or
(ii) at an earlier time by the
occurrence of any other event.
3.4A.13B Grace period for early expiry of
temporary amendment
(1) This section applies if--
(a) a temporary amendment to the
geographic area condition on a gaming
machine entitlement expires; and
(b) that expiry is caused by the occurrence
of a specified event (the event) referred
to in section 3.4A.13A(3)(b) or (c)(ii).
(2) As soon as practicable after the occurrence
of the event, the Commission must give
written notice of the event to the venue
operator who is conducting gaming under
the gaming machine entitlement.
(3) Despite section 3.4A.13(5B), the expiry of
the temporary amendment is taken not to
apply in relation to the gaming machine
entitlement until 24 hours after the operator
has received the notice under subsection (2).
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Part 3--Assignment of gaming machine entitlements
(4) Without limiting subsection (3), during the
24 hour period referred to in that subsection,
the expiry of the temporary amendment
does not prevent the venue operator from
conducting gaming under the gaming
machine entitlement in accordance with the
geographic area condition as in force before
that expiry.
(5) During the 24 hour period referred to in
subsection (3), it does not matter that the
operation of that subsection causes a
contravention of a regional limit or a
municipal limit.".
41 New sections 3.4A.14A and 3.4A.14B inserted
After section 3.4A.14 of the Principal Act
insert--
"3.4A.14A No entitlement to or legitimate expectation
of certain matters in relation to temporary
amendment
To avoid doubt, a venue operator does not,
by reason only of the making of a temporary
amendment to the geographic area condition
on a gaming machine entitlement held by the
operator, have any entitlement to, or
legitimate expectation of--
(a) the amendment subsequently being--
(i) made as an amendment that is not
temporary; or
(ii) varied so that it does not expire; or
(b) premises being approved under Part 3
to enable the venue operator to conduct
gaming under that entitlement; or
(c) any other approval under this Act to
enable the venue operator to conduct
gaming under that entitlement.
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Part 3--Assignment of gaming machine entitlements
3.4A.14B No compensation payable because of
expiry or revocation of temporary
amendment
No compensation is payable by the State
because of the expiry or revocation of a
temporary amendment to a geographic
area condition on a gaming machine
entitlement.".
42 New sections 3.4A.17AA and 3.4A.17AAB inserted
After section 3.4A.17 of the Principal Act
insert--
"3.4A.17AA Transfer agreement may provide for
substitution of parties to registered
assignment agreement
(1) This section applies to the assignment of a
gaming machine entitlement if--
(a) the entitlement is transferred in
accordance with this Division to a
person other than the assignee; and
(b) the agreement that provides for the
transfer provides that, under this
section, the assignment is to continue
with the transferee becoming the
assignor.
(2) On the day of the transfer, the transferee
becomes a party to the registered assignment
agreement in place of the transferor (but only
in relation to the transferred gaming machine
entitlement).
(3) On and after the day of the transfer, the
transferee is taken to be the assignor of the
transferred gaming machine entitlement.
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Part 3--Assignment of gaming machine entitlements
(4) Within 7 days of the transfer of the gaming
machine entitlement, the transferor must give
the Commission a notice in writing setting
out the change in the assignment.
3.4A.17AAB Assignment of gaming machine
entitlement otherwise terminated on
transfer
(1) This section applies if--
(a) an assigned gaming machine
entitlement is transferred in
accordance with this Division; and
(b) section 3.4A.17AA does not apply to
the assignment of the gaming machine
entitlement.
(2) On the day of the transfer, the assignment is
terminated.".
43 New section 3.4A.21A inserted
After section 3.4A.21 of the Principal Act
insert--
"3.4A.21A Division does not require gaming under
an assigned gaming machine entitlement
Nothing in this Division requires a venue
operator to whom a gaming machine
entitlement is assigned to commence gaming
under that entitlement within any period.
Notes
1 Section 3.4A.11M provides that if an assignee does not
commence gaming under an assigned gaming machine
entitlement within 6 months of the assignment of the
entitlement, that assignment terminates.
2 On the end of the assignment of a gaming machine
entitlement, this Division requires the assignor to
conduct gaming on the entitlement within 6 months
(unless that period is extended). See sections
3.4A.22(3) and 3.4A.23(2).".
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Part 3--Assignment of gaming machine entitlements
44 Section 3.4A.22 substituted
For section 3.4A.22 of the Principal Act
substitute--
"3.4A.22 Meaning of relevant holding period
(1) If a gaming machine entitlement is allocated
to a venue operator, the relevant holding
period for the entitlement is--
(a) the period of 6 months commencing
on the gaming machine entitlement
declared day that applies to the
entitlement; or
(b) if that period is extended under
section 3.4A.25, the period as extended.
(2) If a gaming machine entitlement is
transferred to a venue operator, on and after
that transfer the relevant holding period for
the entitlement is--
(a) the period of 6 months commencing on
the day on which the entitlement was
transferred; or
(b) if that period is extended under
section 3.4A.25, the period as extended.
(3) If a venue operator assigns a gaming
machine entitlement, on and after the end of
the assignment the relevant holding period
for the entitlement is--
(a) the period of 6 months commencing on
the day on which the assignment ends;
or
(b) if that period is extended under
section 3.4A.25, the period as extended.
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(4) However, the relevant holding period for
a gaming machine entitlement is not to be
taken to include any period during which
the venue operator's licence of the venue
operator who holds the entitlement is
suspended under section 3.4.25(4)
or 3.4.26(2).".
45 Section 3.4A.23 substituted
For section 3.4A.23 of the Principal Act
substitute--
"3.4A.23 Gaming under gaming machine
entitlements must be commenced within
relevant holding period
(1) If a gaming machine entitlement is allocated
or transferred to a venue operator, the
operator must commence the conduct of
gaming by means of an approved gaming
machine under the entitlement within the
relevant holding period.
(2) If a venue operator assigns a gaming
machine entitlement, and that assignment
subsequently ends, the operator must
commence the conduct of gaming by means
of an approved gaming machine under the
entitlement within the relevant holding
period.".
46 Commission may extend relevant holding period
(1) In section 3.4A.25(1) of the Principal Act, for
"period." substitute "period for a gaming machine
entitlement.".
(2) For section 3.4A.25(2)(a) of the Principal Act
substitute--
"(a) must be made before the end of the relevant
holding period for the gaming machine
entitlement; and".
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Part 3--Assignment of gaming machine entitlements
47 Gaming machine entitlements forfeited if venue
operator's licence cancelled, surrendered or not
renewed
For section 3.4A.26(2) of the Principal Act
substitute--
"(2) On the relevant day--
(a) every gaming machine entitlement
held by the venue operator (other
than a gaming machine entitlement
assigned to the venue operator under
Division 3A) is forfeited to the State;
and
(b) every registered assignment agreement
under which the venue operator is the
assignee is terminated; and
(c) every gaming machine entitlement
assigned under Division 3A by the
venue operator is forfeited to the
State.".
48 Installation and storage of gaming machines
Before section 3.5.15(2) of the Principal Act
insert--
"(1C) Subsection (1A) does not apply to an
entitlement holder in relation to the
conduct of gaming under a gaming machine
entitlement that the entitlement holder
has assigned to another venue operator.".
49 Amendments relating to suspension of venue
approval
(1) After section 3.3.11(1) of the Principal Act
insert--
"(1A) Subsection (1) applies whether or not the
approval is suspended.".
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(2) After section 3.3.12(1) of the Principal Act
insert--
"(1A) Subsection (1) applies whether or not the
approval is suspended.".
(3) In the heading to section 3.3.13 of the Principal
Act, after "revocation" insert "or suspension".
(4) At the end of section 3.3.13 of the Principal Act
insert--
"(2) Subsection (1) applies whether or not the
approval under this Part is already suspended
under any other section of this Act.
(3) If an approval under this Part is suspended
both under subsection (1)(b) and under any
other section of this Act, the expiry of the
period referred to in subsection (1)(b) does
not affect the suspension that is effected
under that other section.".
(5) After section 3.3.16(1) of the Principal Act
insert--
"(1A) In subsection (1), a reference to an approved
venue also refers to a venue whose approval
under Part 3 is suspended.".
(6) In section 3.4.1(1)(ac) and (ad) of the Principal
Act, after "approved venue operated by the
licensee" insert "(including a venue whose
approval under Part 3 is suspended)".
(7) In section 3.4.1(1)(af) of the Principal Act, for
"licensee," substitute "licensee (including a venue
whose approval under Part 3 is suspended),".
(8) For section 3.4.1(1)(c) of the Principal Act
substitute--
"(c) to manage and operate an approved venue
in relation to the conduct of gaming at the
venue; and".
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(9) In section 3.4.11(1)(d) of the Principal Act--
(a) after "approved venue" (where first
occurring) insert "(including a venue
whose approval under Part 3 is suspended)";
(b) for "the approved venue" substitute
"that venue".
(10) After section 3.4.13(2) of the Principal Act
insert--
"(3) In subsection (2), a reference to an approved
venue also refers to a venue whose approval
under Part 3 is suspended.".
(11) After section 3.4.14(10) of the Principal Act
insert--
"(11) In this section, a reference to an approved
venue also refers to a venue whose approval
under Part 3 is suspended.".
(12) After section 3.4.17(1) of the Principal Act
insert--
"(1A) In subsection (1), a reference to an approved
venue also refers to a venue whose approval
under Part 3 is suspended.".
(13) After section 3.4.18(3) of the Principal Act
insert--
"(4) This section applies in relation to a venue
whose approval under Part 3 is suspended in
the same way that it applies in relation to an
approved venue.".
(14) In section 3.4.18A of the Principal Act--
(a) for "permitted" substitute "that are to be
permitted";
(b) after "approved venue" (where first
occurring) insert "(or venue whose
approval under Part 3 is suspended)";
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(c) for "approved venue" (where secondly
occurring) substitute "venue".
(15) In section 3.4.18B(1) of the Principal Act--
(a) for "permitted" substitute "that are to be
permitted";
(b) after "an approved venue" insert "(or venue
whose approval under Part 3 is suspended)";
(c) for "the approved venue" substitute
"the venue".
(16) In section 3.4.19(1)(a) of the Principal Act,
after "approved venue" insert "(or venue
whose approval under Part 3 is suspended)".
(17) After section 3.4.20(4) of the Principal Act
insert--
"(5) This section applies in relation to a venue
whose approval under Part 3 is suspended in
the same way that it applies in relation to an
approved venue.".
(18) In section 3.4.22(2) of the Principal Act--
(a) after "an approved venue" insert "(or venue
whose approval under Part 3 is suspended)";
(b) for "the approved venue." substitute
"the venue.".
(19) After section 3.4.25(1) of the Principal Act, in
the definition of grounds for disciplinary action,
in paragraph (b), for "3.5.23;" substitute "3.5.23
(whether or not the approval under Part 3 for that
venue has since been suspended);".
(20) After section 3.5.15(1A) of the Principal Act
insert--
"(1B) To avoid doubt, a reference in subsection
(1A)(a) to a gaming machine area does not
include a reference to a gaming machine area
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Part 3--Assignment of gaming machine entitlements
in a venue whose approval under Part 3 is
suspended.".
(21) In section 3.5.15(2) of the Principal Act, after
"approved venue" insert "(or at a venue whose
approval under Part 3 is suspended)".
(22) In section 3.5.16(1) of the Principal Act, after
"approved venue" insert "(or at a venue whose
approval under Part 3 is suspended)".
(23) After section 3.5.16(1) of the Principal Act
insert--
"(1A) If the holder of a gaming industry
employee's licence installs gaming
equipment or monitoring equipment at a
venue whose approval under Part 3 is
suspended, the holder must not sign the
certificate under subsection (1) until that
suspension ends.".
(24) In section 3.5.16(3) of the Principal Act, after
"approved venue" insert "(or at a venue whose
approval under Part 3 is suspended)".
(25) After section 3.5.16(3) of the Principal Act
insert--
"(3A) If an entitlement holder installs gaming
equipment or monitoring equipment, or
causes gaming equipment or monitoring
equipment to be installed, at a venue whose
approval under Part 3 is suspended, the
holder must not sign the certificate under
subsection (3) until that suspension ends.".
(26) After section 3.5.27(1) of the Principal Act
insert--
"(1A) In subsection (1), a reference to an approved
venue also refers to a venue whose approval
under Part 3 is suspended.".
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(27) After section 3.5.33E(2) of the Principal Act
insert--
"(3) An application for an approval may be made
in respect of a venue whose approval under
Part 3 is suspended.".
(28) After section 3.5.33F(6) of the Principal Act
insert--
"(7) This section applies in relation to a venue
whose approval under Part 3 is suspended in
the same way that it applies in relation to an
approved venue.".
(29) In section 3.5.34(1) of the Principal Act, after
"approved venue" insert "(or a venue whose
approval under Part 3 is suspended)".
(30) In section 3.7.3(1) of the Principal Act, for
"An operator" substitute "Subject to subsection
(1A), an operator".
(31) After section 3.7.3(1) of the Principal Act
insert--
"(1A) If the approval of a venue under Part 3 is
suspended, subsection (1) does not require
a venue operator to do any of the following
things during the period of the suspension in
relation to the venue--
(a) to keep or maintain separate accounts
as described in subsection (1)(a); or
(b) to provide a written authority described
in subsection (1)(b) authorising the
taking of any action.".
(32) After section 3.7.5(1) of the Principal Act
insert--
"(1A) In subsection (1), a reference to an approved
venue also refers to a venue whose approval
under Part 3 is suspended.".
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(33) In section 3.8A.15(1) of the Principal Act, for
"services." substitute "services at or in relation
to an approved venue.".
(34) In section 3.8A.16(1) of the Principal Act, for
"services." substitute "services at or in relation
to an approved venue.".
(35) For section 3.8A.18(1) of the Principal Act
substitute--
"(1) A casino operator must comply with a
direction under section 3.8A.15 or 3.8A.16.
(1A) Subject to subsection (1B), a venue operator
must comply with a direction under
section 3.8A.15 or 3.8A.16.
(1B) A venue operator is not required to comply
with a direction under section 3.8A.15
or 3.8A.16 in relation to a venue whose
approval under Part 3 is suspended
unless the venue operator is undertaking
preparatory action in that venue under
section 3.4A.9 or 3.4A.11R.".
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Part 4--Increased limit on club gaming
machine entitlements
50 Prohibited interests in gaming machine entitlements
(1) In section 3.2A.7(2)(b) of the Principal Act--
(a) for "an entitlement holder" substitute
"the entitlement holder";
(b) after "and" insert "those that are held by".
(2) In section 3.2A.7(3) of the Principal Act--
(a) for "An entitlement holder" substitute
"Before the day declared by the Minister
under section 3.2A.7A, an entitlement
holder";
(b) in paragraph (a), for "entitlements;"
substitute "entitlements that expire on
15 August 2022;";
(c) in paragraph (b)--
(i) for "entitlements held by an" substitute
"entitlements that expire on 15 August
2022 and that are held by the";
(ii) for "and one" substitute "and those that
are held by one";
(iii) "entitlements." substitute
"entitlements; or";
(d) after paragraph (b) insert--
"(c) the entitlement holder holds more than
420 club gaming machine entitlements
that take effect on or after 16 August
2022; or
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(d) the sum of the club gaming machine
entitlements that take effect on or after
16 August 2022 and that are held by the
entitlement holder (the first entitlement
holder) and those that are held by 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.".
(3) After section 3.2A.7(3) of the Principal Act
insert--
"(3A) On and after the day declared by the Minister
under section 3.2A.7A, an entitlement holder
holds a prohibited number of club gaming
machine entitlements if--
(a) the entitlement holder holds more than
840 club gaming machine entitlements
that expire on 15 August 2022; or
(b) the sum of the club gaming machine
entitlements that expire on 15 August
2022 and that are held by the
entitlement holder (the first entitlement
holder) and those that are held by one
or more other entitlement holders that
have a prescribed connection with the
first entitlement holder equates to more
than 840 club gaming machine
entitlements; or
(c) the entitlement holder holds more than
840 club gaming machine entitlements
that take effect on or after 16 August
2022; or
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(d) the sum of the club gaming machine
entitlements that take effect on or after
16 August 2022 and that are held by the
entitlement holder (the first entitlement
holder) and those that are held by one
or more other entitlement holders that
have a prescribed connection with the
first entitlement holder equates to more
than 840 club gaming machine
entitlements.".
(4) In section 3.2A.7(4) of the Principal Act--
(a) for "section" (where secondly occurring)
substitute "sections";
(b) for "and (6)" substitute "and 3.4A.5AA".
51 New section 3.2A.7A inserted
After section 3.2A.7 of the Principal Act insert--
"3.2A.7A Minister may declare day for increase of
limit on club gaming machine entitlements
Before 16 August 2022, the Minister may,
by Order published in the Government
Gazette, declare a day on which the limits
applying in relation to club gaming machine
entitlements under section 3.2A.7 are
increased.".
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Part 5--Responsible Gambling Codes of Conduct and self-exclusion
programs
Part 5--Responsible Gambling Codes
of Conduct and self-exclusion programs
Division 1--Responsible Gambling
Codes of Conduct
52 Functions of Commission
For section 10.1.4(2)(fd) of the Principal Act
substitute--
"(fd) ensuring that Responsible Gambling Codes
of Conduct comply with--
(i) regulations made for or with respect to
Part 4C in Schedule 1; and
(ii) directions under section 10.6.6(1);".
53 Sections 10.6.6 to 10.6.9 substituted
For sections 10.6.6, 10.6.7, 10.6.8 and 10.6.9 of
the Principal Act substitute--
"10.6.6 Ministerial direction about Responsible
Gambling Codes of Conduct
(1) The Minister may give a direction in relation
to--
(a) the standards and requirements that
a Responsible Gambling Code of
Conduct implemented by a relevant
person must meet; and
(b) the content that must be included in
a Responsible Gambling Code of
Conduct implemented by a relevant
person.
(2) A direction under subsection (1) may be
given in respect of--
(a) a specified relevant person; or
(b) relevant persons of a specified class.
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(3) A direction under subsection (1) is to be
given by publishing the direction in the
Government Gazette.
(4) A direction under subsection (1) takes effect
on a day specified in the direction.
10.6.7 Change in Ministerial direction about
Responsible Gambling Codes of Conduct
(1) This section applies if the Minister--
(a) gives a direction under section
10.6.6(1) (the old direction) that
applies to a relevant person; and
(b) subsequently--
(i) varies the old direction; or
(ii) revokes the old direction and
gives a new direction under
section 10.6.6(1) that also applies
to the relevant person.
(2) During the period of 6 months beginning
on the day on which the variation or new
direction takes effect, if the relevant person
complies with the old direction as in force
immediately before that day, they are taken
to be complying with the varied or new
direction.
10.6.8 Review of direction about Responsible
Gambling Codes of Conduct
(1) During each period specified in subsection
(2), the Minister must cause a review to be
undertaken of the operation of directions
under section 10.6.6(1).
(2) The review must be undertaken within each
consecutive period of 5 years, the first of
which begins on the day on which the first
direction is given under section 10.6.6(1).
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(3) The review is to be a review of how
effectively the Responsible Gambling
Codes of Conduct--
(a) ensure that gambling products are
supplied in a responsible manner; and
(b) promote practices that support and
encourage responsible gambling; and
(c) assist in minimising harm caused by
gambling.
(4) A failure to undertake a review in
accordance with this section does not
affect the validity of any directions under
section 10.6.6(1).
10.6.9 Regulations prevail over direction
A direction under section 10.6.6(1) is of
no effect to the extent that it is inconsistent
with regulations made for or with respect to
Part 4C in Schedule 1.".
54 Section 10.6.9A repealed
Section 10.6.9A of the Principal Act is repealed.
55 Schedule 1 amended
In Schedule 1 to the Principal Act, before the
heading to Part 5 insert--
"Part 4C--Responsible Gambling
Codes of Conduct
4C.1 The standards and requirements that a
Responsible Gambling Code of Conduct
must meet.
4C.2 The content that must be included in a
Responsible Gambling Code of Conduct.".
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56 Consequential amendments--application for and
issue of various licences
(1) For section 3.4.11(1)(f)(i) and (ii) of the Principal
Act substitute--
"(i) regulations made for or with respect to
Part 4C in Schedule 1; and
(ii) each direction under section 10.6.6(1) that
applies in relation to the application.".
(2) In section 4.3A.7(2)(d) of the Principal Act, for
"with any directions given under section 10.6.6
and the additional requirements set out in
section 10.6.7, and has been approved by the
Commission." substitute "with--
(i) regulations made for or with respect to
Part 4C in Schedule 1; and
(ii) each direction under section 10.6.6(1) that
applies in relation to the application.".
(3) In section 4.3A.18(4A) of the Principal Act, for
"with any directions given under section 10.6.6
and the additional requirements set out in
section 10.6.7, and has been approved by the
Commission." substitute "with--
(a) regulations made for or with respect to
Part 4C in Schedule 1; and
(b) each direction under section 10.6.6(1) that
applies in relation to the transferee.".
(4) For section 4.5A.4(2)(f)(i) and (ii) of the Principal
Act substitute--
"(i) regulations made for or with respect to
Part 4C in Schedule 1; and
(ii) each direction under section 10.6.6(1) that
applies in relation to the application.".
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(5) In section 5.3.3(2)(a) of the Principal Act, for
"Conduct approved by the Commission),"
substitute "Conduct),".
(6) In section 5.3.4(1)(h) of the Principal Act, for
"with any directions given under section 10.6.6
and the additional requirements set out in
section 10.6.7, and has been approved by the
Commission." substitute "with--
(i) regulations made for or with respect to
Part 4C in Schedule 1; and
(ii) each direction under section 10.6.6(1) that
applies in relation to the application.".
(7) In section 6A.3.7(2A) of the Principal Act, for
"with any directions given under section 10.6.6
and the additional requirements set out in
section 10.6.7, and has been approved by the
Commission." substitute "with--
(a) regulations made for or with respect to
Part 4C in Schedule 1; and
(b) each direction under section 10.6.6(1) that
applies in relation to the application.".
(8) In section 6A.3.18(4A) of the Principal Act, for
"with any directions given under section 10.6.6
and the additional requirements set out in
section 10.6.7, and has been approved by the
Commission." substitute "with--
(a) regulations made for or with respect to
Part 4C in Schedule 1; and
(b) each direction under section 10.6.6(1) that
applies in relation to the application.".
(9) For section 7.3.2(1)(c)(i) and (ii) of the Principal
Act substitute--
"(i) regulations made for or with respect to
Part 4C in Schedule 1; and
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(ii) each direction under section 10.6.6(1) that
applies in relation to the application.".
(10) For section 8.5.6(1)(c)(i) and (ii) of the Principal
Act substitute--
"(i) regulations made for or with respect to
Part 4C in Schedule 1; and
(ii) each direction under section 10.6.6(1) that
applies in relation to the application.".
(11) For section 8.5A.7(2)(f)(i) and (ii) of the Principal
Act substitute--
"(i) regulations made for or with respect to
Part 4C in Schedule 1; and
(ii) each direction under section 10.6.6(1) that
applies in relation to the application.".
57 Consequential amendments--requirements to have
compliant Codes
(1) In section 3.4.12B of the Principal Act, for
"has been approved by the Commission."
substitute "complies with--
(a) regulations made for or with respect to
Part 4C in Schedule 1; and
(b) each direction under section 10.6.6(1) that
applies in relation to the venue operator.".
(2) In section 4.3.10A of the Principal Act, for
"has been approved by the Commission."
substitute "complies with--
(a) regulations made for or with respect to
Part 4C in Schedule 1; and
(b) each direction under section 10.6.6(1) that
applies in relation to the licensee and the
wagering operator.".
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(3) In section 4.3A.10A of the Principal Act,
for "has been approved by the Commission."
substitute "complies with--
(a) regulations made for or with respect to
Part 4C in Schedule 1; and
(b) each direction under section 10.6.6(1)
that applies in relation to the wagering
and betting licensee.".
(4) In section 4.3A.31(2)(f) of the Principal Act,
for "has been approved by the Commission."
substitute "complies with--
(i) regulations made for or with respect to
Part 4C in Schedule 1; and
(ii) each direction under section 10.6.6(1)
that applies in relation to the temporary
licensee.".
(5) In section 4.5A.10A of the Principal Act,
for "has been approved by the Commission."
substitute "complies with--
(a) regulations made for or with respect to
Part 4C in Schedule 1; and
(b) each direction under section 10.6.6(1)
that applies in relation to the bookmaker.".
(6) In section 5.3.7B of the Principal Act, for
"has been approved by the Commission."
substitute "complies with--
(a) regulations made for or with respect to
Part 4C in Schedule 1; and
(b) each direction under section 10.6.6(1)
that applies in relation to the public lottery
licensee.".
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(7) In section 5.3.30 of the Principal Act, for
"has been approved by the Commission."
substitute "complies with--
(a) regulations made for or with respect to
Part 4C in Schedule 1; and
(b) each direction under section 10.6.6(1)
that applies in relation to the temporary
licensee.".
(8) In section 6.2.6C of the Principal Act, for
"has been approved by the Commission in
relation to the operation of the club keno system."
substitute "complies with--
(a) regulations made for or with respect to
Part 4C in Schedule 1; and
(b) each direction under section 10.6.6(1)
that applies in relation to the participants.".
(9) In section 6A.3.9A of the Principal Act, for
"has been approved by the Commission."
substitute "complies with--
(a) regulations made for or with respect to
Part 4C in Schedule 1; and
(b) each direction under section 10.6.6(1)
that applies in relation to the licensee.".
(10) In section 7.3.5A of the Principal Act, for
"has been approved by the Commission."
substitute "complies with--
(a) regulations made for or with respect to
Part 4C in Schedule 1; and
(b) each direction under section 10.6.6(1)
that applies in relation to the holder of the
licence.".
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(11) In section 8.5.7A of the Principal Act, for
"has been approved by the Commission."
substitute "complies with--
(a) regulations made for or with respect to
Part 4C in Schedule 1; and
(b) each direction under section 10.6.6(1)
that applies in relation to the bingo centre
operator.".
(12) In section 8.5A.8A of the Principal Act, for
"has been approved by the Commission."
substitute "complies with--
(a) regulations made for or with respect to
Part 4C in Schedule 1; and
(b) each direction under section 10.6.6(1)
that applies in relation to the licensee.".
58 Amendment of Casino Control Act 1991
In section 69 of the Casino Control Act 1991,
for "has been approved by the Commission."
substitute "complies with--
(a) regulations made for or with respect to
Part 4C in Schedule 1 to the Gambling
Regulation Act 2003; and
(b) each direction under section 10.6.6(1) of
that Act that applies in relation to the casino
operator.".
59 Amendment of Victorian Commission for Gambling
and Liquor Regulation Act 2011
Section 28(2)(g)(vi) of the Victorian
Commission for Gambling and Liquor
Regulation Act 2011 is repealed.
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Division 2--Self-exclusion programs
60 Matters to be considered in determining
applications
For section 3.4.11(1)(e)(i) and (ii) of the Principal
Act substitute--
"(i) regulations made for or with respect to
Part 4B in Schedule 1; and
(ii) the direction under section 10.6.1(1); and".
61 Self-exclusion program is a condition of licence
In section 3.4.12A of the Principal Act, for
"has been approved by the Commission."
substitute "complies with--
(a) regulations made for or with respect to
Part 4B in Schedule 1; and
(b) the direction under section 10.6.1(1).".
62 Section 3.4.12C repealed
Section 3.4.12C of the Principal Act is repealed.
63 Functions of Commission
(1) Section 10.1.4(2)(fb) of the Principal Act is
repealed.
(2) For section 10.1.4(2)(fc) of the Principal Act
substitute--
"(fc) monitoring self-exclusion programs to
ensure that they comply with--
(i) regulations made for or with respect to
Part 4B in Schedule 1; and
(ii) the direction under section 10.6.1(1);".
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programs
64 Division 1 of Part 6 of Chapter 10 substituted
For Division 1 of Part 6 of Chapter 10 of the
Principal Act substitute--
"Division 1--Self-exclusion programs
10.6.1 Ministerial direction about self-exclusion
programs
(1) The Minister may give a direction in relation
to--
(a) the standards and requirements that
must be met by a self-exclusion
program conducted by or at the request
of a venue operator; and
(b) how a self-exclusion program must be
monitored and reported on.
(2) A direction under subsection (1) is to be
given by publishing the direction in the
Government Gazette.
(3) A direction under subsection (1) takes effect
on a day specified in the direction.
10.6.2 Change in Ministerial direction about
self-exclusion programs
(1) This section applies if the Minister--
(a) gives a direction under section
10.6.1(1) (the old direction); and
(b) subsequently--
(i) varies the old direction; or
(ii) revokes the old direction and
gives a new direction under
section 10.6.1(1).
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(2) During the period of 6 months beginning
on the day on which the variation or new
direction takes effect, a venue operator who
complies with the old direction as in force
immediately before that day is taken to be
complying with the varied or new direction.
10.6.3 Review of direction about self-exclusion
programs
(1) During each period specified in subsection
(2), the Minister must cause a review to be
undertaken of the operation of the direction
under section 10.6.1(1) during that period.
(2) The review must be undertaken within each
consecutive period of 5 years, the first of
which begins on the day on which the first
direction is given under section 10.6.1(1).
(3) The review is to be a review of how
effectively the self-exclusion programs
assist people to exclude from approved
venues and limit their access to gaming.
(4) A failure to undertake a review in
accordance with this section does not
affect the validity of any direction under
section 10.6.1(1).
10.6.4 Regulations prevail over direction
A direction under section 10.6.1(1) is of
no effect to the extent that it is inconsistent
with regulations made for or with respect to
Part 4B in Schedule 1.".
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65 Schedule 1 amended
In Schedule 1 to the Principal Act, after item 4A.4
insert--
"Part 4B--Self-exclusion programs
4B.1 The standards and requirements that must be
met by a self-exclusion program conducted
by or at the request of a venue operator.
4B.2 The duties of a venue operator in relation to
a self-exclusion program.
4B.3 How a self-exclusion program must be
monitored and reported on.
4B.4 A specified self-exclusion program that must
be conducted.
4B.5 Who may conduct a self-exclusion program
at the request of a venue operator.
4B.6 Agreements between venue operators
and persons who conduct self-exclusion
programs at the request of venue operators.
4B.7 Fees that a venue operator must pay to a
person who conducts a self-exclusion
program at the request of the venue operator.
4B.8 A process for determining a fee referred to
in item 4B.7.".
66 Amendment of Victorian Commission for Gambling
and Liquor Regulation Act 2011
Section 28(2)(g)(v) of the Victorian Commission
for Gambling and Liquor Regulation Act 2011
is repealed.
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Part 6--Standard conditions
Part 6--Standard conditions
67 Chapter 1--Definitions
In section 1.3(1) of the Principal Act insert the
following definitions--
"standard entitlement-related conditions has the
meaning given in section 3.4A.4A(1);
standard monitoring-related conditions has the
meaning given in section 3.4A.4B(1);
standard pre-commitment conditions has the
meaning given in section 3.8A.19A(1);".
68 New Division 2A of Part 4A of Chapter 3 inserted
After section 3.4A.4 of the Principal Act insert--
"Division 2A--Standard entitlement-
related conditions and standard
monitoring-related conditions
3.4A.4A Minister may determine standard
entitlement-related conditions
(1) The Minister may from time to time by
instrument determine standard conditions
(standard entitlement-related conditions)
that--
(a) deal with matters related to gaming
machine entitlements; and
(b) are to apply to a venue operator who
holds a gaming machine entitlement.
(2) The Minister may determine different
standard entitlement-related conditions for
different venue operators or classes of venue
operators.
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(3) The Minister must consult venue operators
before the Minister determines standard
entitlement-related conditions that will apply
to the operators.
3.4A.4B Minister may determine standard
monitoring-related conditions
(1) The Minister may from time to time by
instrument determine standard conditions
(standard monitoring-related conditions)
that--
(a) deal with matters related to the
provision of monitoring services to
a venue operator by the monitoring
licensee; and
(b) deal with matters related to the
provision of responsible gambling
services to a venue operator by the
monitoring licensee; and
(c) are to apply to a venue operator and
the monitoring licensee.
(2) The Minister may determine different
standard monitoring-related conditions for
different venue operators or classes of venue
operators.
(3) The Minister must consult venue operators
and the monitoring licensee before the
Minister determines standard monitoring-
related conditions that will apply to the
operators and the licensee.
3.4A.4C Publication and effect of standard
conditions
(1) A determination under section 3.4A.4A
or 3.4A.4B--
(a) must be published in the Government
Gazette; and
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(b) takes effect at the time it is published or
at the later time specified in it.
(2) Each venue operator to whom a
determination under section 3.4A.4A applies
must comply with the standard entitlement-
related conditions contained in the
determination.
(3) The monitoring licensee and each venue
operator to whom a determination under
section 3.4A.4B applies must comply with
the standard monitoring-related conditions
contained in the determination.
3.4A.4D No compensation for determination of
standard conditions
No compensation is payable by the State
because of the making of a determination
under section 3.4A.4A or 3.4A.4B.".
69 Heading to Division 8 of Part 4A of Chapter 3
In the heading to Division 8 of Part 4A of
Chapter 3 of the Principal Act, for "following
default under related agreement" substitute
"in accordance with standard conditions or
related agreement".
70 New section 3.4A.26A inserted
After the heading to Division 8 of Part 4A of
Chapter 3 of the Principal Act insert--
"3.4A.26A Gaming machine entitlements forfeited
in accordance with standard entitlement-
related conditions
(1) This section applies if--
(a) a venue operator holds a gaming
machine entitlement; and
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(b) the standard entitlement-related
conditions that apply to the venue
operator provide that, following the
occurrence of specified circumstances,
the entitlement is forfeited to the State
under this section on a specified date.
(2) On the specified date the gaming machine
entitlement is forfeited to the State.".
71 Heading to Division 4A of Part 8A of Chapter 3
In the heading to Division 4A of Part 8A of
Chapter 3 of the Principal Act, for "venue"
substitute "pre-commitment".
72 Minister may determine standard pre-commitment
conditions
(1) In the heading to section 3.8A.19A of
the Principal Act, for "venue" substitute
"pre-commitment".
(2) In section 3.8A.19A(1) of the Principal Act, after
"conditions" insert "(standard pre-commitment
conditions)".
(3) In section 3.8A.19A(2) and (3) of the Principal
Act, after "standard" insert "pre-commitment".
73 Publication and effect of standard pre-commitment
conditions
(1) In the heading to section 3.8A.19B of
the Principal Act, for "venue" substitute
"pre-commitment".
(2) In section 3.8A.19B(2) of the Principal Act,
after "standard" insert "pre-commitment".
74 No compensation for determination of standard
pre-commitment conditions
In the heading to section 3.8A.19C of
the Principal Act, for "venue" substitute
"pre-commitment".
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75 Consequential amendments--contravention of
standard entitlement-related conditions
(1) In section 3.4.25(1) of the Principal Act, in the
definition of grounds for disciplinary action,
after paragraph (d)(iii) insert--
"(iiia) the standard entitlement-related conditions,
standard monitoring-related conditions or
standard pre-commitment conditions that
apply to the venue operator;".
(2) In section 3.4A.2(1) of the Principal Act, after
"this Act," insert "the standard entitlement-related
conditions, standard monitoring-related conditions
and standard pre-commitment conditions that
apply to the venue operator,".
(3) After section 3.4A.10(a) of the Principal Act
insert--
"(ab) the standard entitlement-related conditions
that apply to the venue operator; and".
(4) In section 3.4A.11C(2) of the Principal Act,
after "in accordance with" insert "the standard
entitlement-related conditions that apply to the
person and".
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No. of 2017
Part 7--Agreements
Part 7--Agreements
76 Part 1 of Chapter 3--Definitions
In section 3.1.2 of the Principal Act insert the
following definition--
"entitlement-related agreement means--
(a) an agreement referred to in--
(i) section 3.4A.6; or
(ii) section 3.4A.6A; or
(iii) section 3.4A.17AAC; or
(b) any other agreement that deals with
matters related to a gaming machine
entitlement and that is between--
(i) a venue operator; and
(ii) the Minister or a person
nominated by the Minister
under section 3.1.6B;".
77 New section 3.1.6B inserted
After section 3.1.6A of the Principal Act insert--
"3.1.6B Minister may nominate person to enter
into entitlement-related agreement
(1) The Minister may nominate an employee in
the department administered by the Minister
for the purposes of paragraph (b)(ii) of the
definition of entitlement-related agreement
in section 3.1.2.
(2) A nomination under subsection (1) is to
be made by written notice given to the
nominated person.".
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Part 7--Agreements
78 Disciplinary action against venue operator
In section 3.4.25(1) of the Principal Act, in the
definition of grounds for disciplinary action,
for paragraph (d)(iv) substitute--
"(iv) an entitlement-related agreement; or
(v) an agreement referred to in
section 3.4A.11A, 3.8A.15 or 3.8A.16;".
79 Authority conferred by gaming machine
entitlements
In section 3.4A.2(1) of the Principal Act,
for "any related agreement referred to in
section 3.4A.6 or 3.4A.6A" substitute
"any entitlement-related agreement".
80 Minister may refuse to allocate gaming machine
entitlement if entitlement-related agreements not
entered into
In the heading to section 3.4A.6 of the
Principal Act, for "related" substitute
"entitlement-related".
81 Directions in relation to entitlement-related
agreements with Minister
(1) In the heading to section 3.4A.6A of the Principal
Act--
(a) for "related" substitute "entitlement-
related";
(b) omit "with Minister".
(2) In section 3.4A.6A(1) of the Principal Act,
for "with the Minister" substitute "with the
Minister, or a person nominated by the Minister,".
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Part 7--Agreements
82 No compensation payable because of direction
to enter entitlement-related agreements under
section 3.4A.6A
In the heading to section 3.4A.6B of the
Principal Act, for "related" substitute
"entitlement-related".
83 States rights in relation to allocated gaming machine
entitlements
For section 3.4A.10(b) and (c) of the Principal Act
substitute--
"(b) any entitlement-related agreement.".
84 New sections 3.4A.17AAC and 3.4A.17AAD inserted
Before section 3.4A.17A of the Principal Act
insert--
"3.4A.17AAC Directions in relation to related
agreements with Minister regarding
transferred gaming machine entitlement
(1) Subject to this section, the Minister may
direct a venue operator to whom a gaming
machine entitlement is transferred (or is to
be transferred) to enter into an agreement
with the Minister, or a person nominated by
the Minister, that deals with matters related
to the gaming machine entitlement.
(2) A direction under subsection (1) is to be
given by written notice.
(3) Before giving a direction under subsection
(1), the Minister must consult with the
venue operator.
(4) A direction under subsection (1)--
(a) must warn the venue operator of the
Minister's powers under this section;
and
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Gambling Regulation Amendment (Gaming Machine Arrangements)
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No. of 2017
Part 7--Agreements
(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 contained in
an agreement to be entered into; and
(e) may specify a date by which an
agreement is to be entered into.
(5) A venue operator to which this section
applies must comply with a direction under
subsection (1).
(6) The venue operator must give a copy of
any agreement entered into in compliance
with a direction under subsection (1) to the
Commission.
3.4A.17AAD No compensation payable because of
direction to enter into entitlement-related
agreements
No compensation is payable by the
State because of a direction under section
3.4A.17AAC or entering into an agreement
in compliance with a direction under
section 3.4A.17AAC.".
85 Related agreements must be entered into before
gaming machine entitlement may be transferred
In section 3.4A.17A of the Principal Act, for
"an agreement referred to in section 3.4A.6
or 3.4A.6A with the Minister, or a person
nominated by the Minister," substitute
"an entitlement-related agreement".
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Gambling Regulation Amendment (Gaming Machine Arrangements)
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No. of 2017
Part 7--Agreements
86 Gaming machine entitlements forfeited if venue
operator defaults under related agreement
In section 3.4A.27(1)(a) of the Principal Act, for
"a related agreement referred to in section 3.4A.6
or 3.4A.6A" substitute "an entitlement-related
agreement".
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Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 8--Cashless gaming, electronic funds transfer, cheques, debit cards and
credit cards
Part 8--Cashless gaming, electronic funds
transfer, cheques, debit cards and
credit cards
Division 1--Cashless gaming
87 Chapter 1--Definitions
In section 1.3(1) of the Principal Act insert
the following definitions--
"non-cash gaming token means a gaming token
other than cash;
value of a non-cash gaming token means the value
that--
(a) is stored on or in respect of the token;
and
(b) can be used to cause gaming machine
credits to be registered by a gaming
machine;".
88 New Subdivision 3 of Division 3 of Part 5 of
Chapter 3 inserted
After section 3.5.33N of the Principal Act
insert--
"Subdivision 3--Cashless gaming
3.5.33O Subdivision does not apply to casino
operator
This Subdivision does not apply to a venue
operator who is a casino operator.
3.5.33P Prohibition on inducements involving
cashless gaming
(1) A venue operator must not offer a non-cash
gaming token as an inducement to gamble.
Penalty: 60 penalty units.
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Part 8--Cashless gaming, electronic funds transfer, cheques, debit cards and
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(2) A venue operator must not offer to increase
the value of a non-cash gaming token as an
inducement to gamble.
Penalty: 60 penalty units.
(3) A person must not induce, or attempt to
induce, a person to choose to have winnings
or accumulated credits paid out as or by way
of a non-cash gaming token.
Penalty: 60 penalty units.
(4) In subsection (3)--
accumulated credits has the same meaning
as in section 3.5.33.
3.5.33Q Prohibition on credit facilities relating to
cashless gaming
A venue operator must not provide, or allow
a person to provide, facilities by which a
cash advance from a credit account can be
used--
(a) to obtain a non-cash gaming token; or
(b) to increase the value of a non-cash
gaming token.
Penalty: 60 penalty units.".
89 Schedule 1 amended
In Schedule 1 to the Principal Act, after item 3.22
insert--
"3.22A The conduct of gaming that involves
non-cash gaming tokens, including--
(a) any matter relevant to those tokens or
the conduct of that gaming;
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(b) technical standards for--
(i) those tokens; or
(ii) equipment and systems that relate
to those tokens or that gaming;
(c) other restrictions relating to those
tokens or the equipment and systems
referred to in paragraph (b)(ii),
including restrictions on where
the equipment may be installed;
(d) restrictions that may be imposed
in relation to those tokens and that
gaming to foster responsible gambling;
(e) the interaction between the
equipment and systems referred
to in paragraph (b)(ii) and--
(i) a loyalty scheme; or
(ii) a pre-commitment system.".
Division 2--Cashing cheques and paying out credits
90 Section 3.5.32 substituted
For section 3.5.32 of the Principal Act
substitute--
"3.5.32 Cashing of cheques
(1) A person must not, at an approved venue,
give another person cash or other gaming
tokens in exchange for a cheque.
Penalty: 60 penalty units.
(2) A venue operator must not allow another
person to give, at an approved venue, cash
or other gaming tokens to a third person in
exchange for a cheque.
Penalty: 60 penalty units.
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No. of 2017
Part 8--Cashless gaming, electronic funds transfer, cheques, debit cards and
credit cards
(3) A person must not publish at an approved
venue, or cause to be published at an
approved venue, any advertising for a
cheque cashing service.
Penalty: 60 penalty units.
(4) A venue operator must not allow a person
to publish at an approved venue, or cause
to be published at an approved venue, any
advertising for a cheque cashing service.
Penalty: 60 penalty units.
(5) Subsections (2) and (4) do not apply to a
venue operator who is a casino operator.
(6) In this section--
approved venue has the meaning given by
section 3.5.33B;
cheque cashing service means the service
of providing, for a fee or for other
consideration, cash or other gaming
tokens in exchange for a cheque.".
91 Payment of accumulated credits by cheque or
electronic funds transfer
(1) In the heading to section 3.5.33 of the Principal
Act, for "and cashing of cheques" substitute
"by cheque or electronic funds transfer".
(2) In section 3.5.33(1) of the Principal Act--
(a) for "$1000" substitute "$2000";
(b) for "by cheque that is not payable to cash."
substitute "in accordance with subsection
(2) or (3).".
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Gambling Regulation Amendment (Gaming Machine Arrangements)
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No. of 2017
Part 8--Cashless gaming, electronic funds transfer, cheques, debit cards and
credit cards
(3) For section 3.5.33(3) and (3A) of the Principal
Act substitute--
"(3) A venue operator must, at the request of a
person--
(a) pay out any accumulated credits from
a gaming machine to the person by
electronic funds transfer; and
(b) if at least $2000 is to be transferred,
transfer those funds in a way that
means they are not available to the
person for 24 hours after the transfer.
Penalty: 60 penalty units.
(3A) Subsection (3) does not apply to a venue
operator who does not have the facilities to
make the electronic funds transfer described
in that subsection.".
(4) Section 3.5.33(3B) of the Principal Act is
repealed.
Division 3--Cash facilities
92 Chapter 1--Definitions
In section 1.3(1) of the Principal Act--
(a) the definition of alternative cash access
facility is repealed;
(b) in the definition of cash facility, for
paragraph (ba) substitute--
"(ba) a facility that--
(i) enables a person to obtain funds
without a person employed or
engaged by a venue operator
enabling the obtaining of those
funds; and
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Part 8--Cashless gaming, electronic funds transfer, cheques, debit cards and
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(ii) issues a receipt or other authority
requiring the venue operator
to pay to that person cash
representing the amount obtained;
or".
93 Heading to Subdivision 2 of Division 3 of Part 5
of Chapter 3 substituted
For the heading to Subdivision 2 of Division 3
of Part 5 of Chapter 3 of the Principal Act
substitute--
"Subdivision 2--Cash facilities".
94 Section 3.5.33C substituted
For section 3.5.33C of the Principal Act
substitute--
"3.5.33C Prohibitions on certain cash facilities--
approved venue not on a racecourse
(1) This section--
(a) applies in relation to an approved venue
that is not on a racecourse; and
(b) does not apply to a venue operator who
is a casino operator.
(2) The venue operator must not provide, or
allow another person to provide on the
venue operator's behalf, a cash facility in
the approved venue other than--
(a) an automatic teller machine--
(i) for which the venue operator
holds an approval under this
Subdivision; and
(ii) that is provided in accordance
with the approval; or
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Gambling Regulation Amendment (Gaming Machine Arrangements)
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No. of 2017
Part 8--Cashless gaming, electronic funds transfer, cheques, debit cards and
credit cards
(b) an EFTPOS facility that complies with
subsection (3).
Penalty: 60 penalty units.
(3) An EFTPOS facility complies with this
subsection if it does not allow a person to
do any of the following by means of the
facility--
(a) obtain an amount of cash exceeding
$500 on any one debit or credit card
within a 24 hour period;
(b) obtain an amount of cash exceeding
$200 in any one transaction on any
one debit or credit card;
(c) obtain a cash advance from a credit
account.
(4) The venue operator must ensure that a person
is not able to obtain cash at the approved
venue from an EFTPOS facility without the
facility being operated by a person employed
or engaged by the venue operator (including
by entering the amount of the funds to be
obtained).
Penalty: 60 penalty units.".
95 Section 3.5.33D substituted
For section 3.5.33D of the Principal Act
substitute--
"3.5.33D Prohibitions on certain cash facilities--
gaming machine area in approved venue
on a racecourse
(1) This section applies in relation to the
following area (the applicable area)--
(a) the gaming machine area of an
approved venue that is on a racecourse;
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Part 8--Cashless gaming, electronic funds transfer, cheques, debit cards and
credit cards
(b) each area that is less than 50 metres
walking distance away from an
entrance to the gaming machine area.
(2) The venue operator must not provide, or
allow another person to provide on the
venue operator's behalf, a cash facility in
the applicable area other than an EFTPOS
facility that complies with subsection (3).
Penalty: 60 penalty units.
(3) An EFTPOS facility complies with this
subsection if it does not allow a person to
do any of the following by means of the
facility--
(a) obtain an amount of cash exceeding
$500 on any one debit or credit card
within a 24 hour period;
(b) obtain an amount of cash exceeding
$200 in any one transaction on any
one debit or credit card;
(c) obtain a cash advance from a credit
account.
(4) The venue operator must ensure that a person
is not able to obtain cash in the applicable
area from an EFTPOS facility without the
facility being operated by a person employed
or engaged by the venue operator (including
by entering the amount of the funds to be
obtained).
Penalty: 60 penalty units.
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No. of 2017
Part 8--Cashless gaming, electronic funds transfer, cheques, debit cards and
credit cards
(5) Section 43 of the Interpretation of
Legislation Act 1984 does not apply to
the measurement of any distance for the
purposes of subsection (1).".
96 New section 3.5.33DA inserted
After section 3.5.33D of the Principal Act
insert--
"3.5.33DA Prohibitions on certain cash facilities--
other areas in approved venue on a
racecourse
(1) This section--
(a) applies in relation to an approved venue
that is on a racecourse; but
(b) does not apply in relation to an area to
which section 3.5.33D applies.
(2) The venue operator must not provide, or
allow another person to provide on the
venue operator's behalf, a cash facility in
the approved venue that does not comply
with subsection (3).
Penalty: 60 penalty units.
(3) A cash facility complies with this subsection
if it does not allow a person to do any of the
following by means of the facility--
(a) obtain an amount of cash exceeding
$200 in any one transaction on any
one debit or credit card;
(b) obtain a cash advance from a credit
account.".
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No. of 2017
Part 8--Cashless gaming, electronic funds transfer, cheques, debit cards and
credit cards
97 Conditions of approvals
After section 3.5.33H(1)(a) of the Principal Act
insert--
"(ab) it is a condition of the approval that the
automatic teller machine to which the
approval applies does not allow a person to
obtain an amount of cash exceeding $500 on
any one debit or credit card within a 24 hour
period;".
97
Gambling Regulation Amendment (Gaming Machine Arrangements)
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No. of 2017
Part 9--Metropolitan Melbourne
Part 9--Metropolitan Melbourne
98 Chapter 1--Definitions
(1) In section 1.3(1) of the Principal Act, the
definition of Melbourne Statistical Division is
repealed.
(2) In section 1.3(1) of the Principal Act insert the
following definition--
"metropolitan Melbourne means the region that
consists of the municipal districts specified
in Schedule 5 (subject to any alterations to
that region made by regulations referred to
in item 3.5B in Schedule 1);".
99 Schedule 1 amended
In Schedule 1 to the Principal Act, after item 3.5A
insert--
"3.5B Alterations to the region referred to in the
definition of metropolitan Melbourne in
section 1.3(1) that relate to any of the
following events occurring on or after
the day on which Part 9 of the Gambling
Regulation Amendment (Gaming
Machine Arrangements) Act 2017
comes into operation--
(a) the alteration of a boundary of a
municipal district specified in
Schedule 5;
(b) the amalgamation, re-constitution or
abolition of the Council for a municipal
district specified in Schedule 5;
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No. of 2017
Part 9--Metropolitan Melbourne
(c) the alteration of the name of the
Council for a municipal district
specified in Schedule 5.
Note
See section 220Q of the Local Government
Act 1989.".
100 New Schedule 5 inserted
After Schedule 4 to the Principal Act insert--
"Schedule 5--Municipal districts
within metropolitan Melbourne
Section 1.3(1)
1 Banyule.
2 Bayside.
3 Boroondara.
4 Brimbank.
5 Cardinia.
6 Casey.
7 Darebin.
8 Frankston.
9 Glen Eira.
10 Greater Dandenong.
11 Hobsons Bay.
12 Hume.
13 Kingston.
14 Knox.
15 Manningham.
16 Maribyrnong.
17 Maroondah.
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Gambling Regulation Amendment (Gaming Machine Arrangements)
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No. of 2017
Part 9--Metropolitan Melbourne
18 Melbourne.
19 Melton.
20 Monash.
21 Moonee Valley.
22 Moreland.
23 Mornington Peninsula.
24 Nillumbik.
25 Port Phillip.
26 Stonnington.
27 Whitehorse.
28 Whittlesea.
29 Wyndham.
30 Yarra.
31 Yarra Ranges.".
101 Consequential amendments--references to
Melbourne Statistical Division
(1) In section 3.3.3(a) of the Principal Act, for
"the Melbourne Statistical Division;" substitute
"metropolitan Melbourne;".
(2) In section 3.4.17(3)(a) of the Principal Act, for
"the Melbourne Statistical Division;" substitute
"metropolitan Melbourne;".
(3) In section 3.4A.5(5) of the Principal Act, for
"the Melbourne Statistical Division" substitute
"metropolitan Melbourne".
(4) In section 3.4A.20K(3)(c) of the Principal Act, for
"the Melbourne Statistical Division;" substitute
"metropolitan Melbourne;".
(5) In section 3.5.33F(2)(a) of the Principal Act, for
"the Melbourne Statistical Division;" substitute
"metropolitan Melbourne;".
100
Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 10--Other amendments to Principal Act
Part 10--Other amendments to Principal Act
Division 1--Transitional provisions
102 Part 32 inserted in Schedule 7
In Schedule 7 to the Principal Act, after Part 31
insert--
"Part 32--Gambling Regulation
Amendment (Gaming Machine
Arrangements) Act 2017
32.1 Standard pre-commitment conditions
(1) On and after the commencement day, the
old conditions are taken to be standard
pre-commitment conditions determined
under section 3.8A.19A as amended by
section 72 of the amending Act.
(2) In this section--
amending Act means the Gambling
Regulation Amendment (Gaming
Machine Arrangements) Act 2017;
commencement day means the day on which
section 72 of the amending Act comes
into operation;
old conditions means the standard venue
conditions that were--
(a) determined under section
3.8A.19A as in force before
the commencement day; and
(b) in force immediately before that
day.".
101
Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 10--Other amendments to Principal Act
Division 2--Minor technical amendments
103 Division 6 of Part 1 of Chapter 10--Definitions
In section 10.1.29(1) of the Principal Act, in the
definition of regulated person, in paragraph (f)
for "department" substitute "Department".
102
Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Part 11--Repeal of amending Act
Part 11--Repeal of amending Act
104 Repeal of amending Act
This Act is repealed on 19 September 2019.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
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Gambling Regulation Amendment (Gaming Machine Arrangements)
Act 2017
No. of 2017
Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend
the Gambling Regulation Act 2003 in relation to gaming machine
entitlements, Responsible Gambling Codes of Conduct, self-exclusion
programs, standard conditions, agreements, cashless gaming and forms of
money and credit, references to the Melbourne Statistical Division and to
make related amendments to other Acts and for other purposes."
By Authority. Government Printer for the State of Victoria.
104
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