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This is a Bill, not an Act. For current law, see the Acts databases.


GAMING ACTS (FURTHER AMENDMENT) BILL 1997

                 PARLIAMENT OF VICTORIA

       Gaming Acts (Further Amendment) Act 1997
                                 Act No.


                     TABLE OF PROVISIONS
Clause                                               Page

PART 1--PRELIMINARY                                     1
  1.     Purpose                                        1
  2.     Commencement                                   2

PART 2--GAMING AND BETTING ACT 1994                     3
  3.     Principal Act                                  3
  4.     Quarterly statement of costs and expenses      3
  5.     Prohibited shareholding                        3
  6.     Approved betting competitions                  3
  7.     Tax on under par subsidies                     3

PART 3--GAMING MACHINE CONTROL ACT 1991                 5
  8.     Principal Act                                  5
  9.     Insertion of new section 26A                   5
         26A. Renewal of venue operator's licence       5
  10.    Disciplinary action                            7
  11.    Installation of gaming equipment               8
  12.    Investigation of complaints                    9
  13.    Audit                                          9
  14.    Statute law revision                          10

PART 4--CLUB KENO ACT 1993                             11
  15.    Principal Act                                 11
  16.    Definitions                                   11
  17.    Prizes fund                                   11
  18.    Substitution of section 7                     12
         7. Duty payable by participants               12

PART 5--TATTERSALL CONSULTATIONS ACT 1958              14
  19.    Principal Act                                 14
  20.    Turnover tax                                  14
  21.    Abolition of Lotteries Development Fund       15
  22.    Abolition of Gold Lottery Consultations       15


                                      i
531178B.I1-18/3/97

 


 

Clause Page 23. Appropriation of duty 15 24. Commission paid to accredited representatives 15 25. Insertion of new section 12 16 12. Transitional 16 NOTES 17 ii 531178B.I1-18/3/97

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Gaming and Betting Act 1994, the Gaming Machine Control Act 1991, the Club Keno Act 1993 and the Tattersall Consultations Act 1958 and for other purposes. Gaming Acts (Further Amendment) Act 1997 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to make miscellaneous amendments to the Gaming and Betting Act 5 1994, the Gaming Machine Control Act 1991, the Club Keno Act 1993 and the Tattersall Consultations Act 1958. 1 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 s. 2 Act No. 2. Commencement (1) Parts 1, 2 and 3 (except sections 9 and 11) come into operation on the day on which this Act receives the Royal Assent. 5 (2) Part 5 comes into operation on 1 July 1997. (3) Subject to sub-section (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If a provision referred to in sub-section (3) does 10 not come into operation before 6 January 1998, it comes into operation on that day. _______________ 2 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 s. 3 Act No. PART 2--GAMING AND BETTING ACT 1994 3. Principal Act No. 37/1994 In this Part, the Gaming and Betting Act 1994 is as amended called the Principal Act. by Nos 98/1994, 42/1995, 44/1995, 4/1996 and 17/1996. 5 4. Quarterly statement of costs and expenses (1) Section 95 of the Principal Act is repealed. (2) In section 92A of the Principal Act, omit "or 95". 5. Prohibited shareholding (1) In section 53(1) of the Principal Act-- 10 (a) for paragraphs (a) and (b) substitute-- "(a) is entitled to voting shares in the licensee that together constitute more than 5% of the total number of voting shares in the licensee;"; 15 (b) omit paragraph (d). (2) Section 54 of the Principal Act is repealed. 6. Approved betting competitions In section 68(4) of the Principal Act, after "competition" insert "conducted in accordance 20 with a licence granted under this Act". 7. Tax on under par subsidies (1) In section 74(1)(a) of the Principal Act, after "73(1)" insert "less any amount referred to in sub- section (1A)". 25 3 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 s. 7 Act No. (2) In section 74 of the Principal Act, after sub- section (1) insert-- "(1A) If the calculated dividend on an amount invested in a totalisator is less than the 5 minimum dividend payable under the betting rules or the regulations, the difference between the minimum dividend and the calculated dividend is not to be included in the total amount referred to in sub-section 10 (1)(a).". (3) In section 77(2)(a) of the Principal Act, after "76" insert "less any amount referred to in sub-section (2A)". (4) In section 77 of the Principal Act, after sub- 15 section (2) insert-- "(2A) If the calculated dividend on an amount invested in a totalisator is less than the minimum dividend payable under the betting rules or the regulations, the difference 20 between the minimum dividend and the calculated dividend is not to be included in the total amount referred to in sub-section (2)(a).". _______________ 25 4 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 s. 8 Act No. PART 3--GAMING MACHINE CONTROL ACT 1991 8. Principal Act No. 53/1991. In this Part, the Gaming Machine Control Act Reprinted to 1991 is called the Principal Act. No. 44/1995 and subsequently amended by Nos 17/1996, 18/1996 and 41/1996. 5 9. Insertion of new section 26A After section 26 of the Principal Act insert-- "26A. Renewal of venue operator's licence (1) The holder of a venue operator's licence may, not earlier than 9 months before the 10 expiration of the current licence, apply to the Authority for a new licence, in which case-- (a) the current licence continues in force, unless sooner cancelled or surrendered, until the new licence is issued or its 15 issue is refused; and (b) if issued, the new licence must be taken to have been granted on the day on which the current licence was due to expire and must be dated accordingly. 20 (2) An application for a new licence must be made in or to the effect of a form approved by the Authority and must be accompanied by the prescribed fee. 5 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 Act No. (3) This Act (except sections 19(4), 19(5), 20(2), 21(1)(c), 21(2)(f) and 21(2)(g)) applies to and in relation to-- 6 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 s. 10 Act No. (a) an application under this section for a new licence; and (b) the determination of such an application; and 5 (c) any licence issued as a result of such an application-- as if the application has been made by a person other than a venue operator.". 10. Disciplinary action 10 (1) In section 30(1) of the Principal Act, in paragraph (ea) of the definition of "grounds for disciplinary action", for sub-paragraph (vii) substitute-- "(vii) whether or not in Victoria-- (A) an indictable offence; or 15 (B) an offence which, if committed in Victoria, would be an indictable offence-- the nature or circumstances of which, in the opinion of the Authority, relate to an 20 approved venue of the venue operator;". (2) In section 30(7A) of the Principal Act, for paragraph (g) substitute-- "(g) whether or not in Victoria-- (i) an indictable offence; or 25 (ii) an offence which, if committed in Victoria, would be an indictable offence-- the nature or circumstances of which, in the opinion of the Director, relate to an approved 30 venue of the venue operator.". (3) In section 30 of the Principal Act, after sub- section (9) insert-- 7 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 s. 11 Act No. "(10) This section as amended by section 10 of the Gaming Acts (Further Amendment) Act 1997 applies to a person charged with or convicted or found guilty of an offence after 5 the commencement of section 10 of that Act.". 11. Installation of gaming equipment (1) In section 77(1) of the Principal Act-- (a) in paragraph (b), for "Authority; and" 10 substitute "Authority."; (b) omit paragraph (c). (2) In section 77 of the Principal Act, after sub- section (1D) insert-- "(1E) A gaming operator must not allow gaming to 15 commence on gaming equipment in respect of which certificates under sub-sections (1A) and (1C)-- (a) have not been signed; or (b) have been signed in contravention of 20 sub-section (1B) or (1D). Penalty: 1000 penalty units.". (3) In section 77 of the Principal Act, for sub-section (2) substitute-- "(2) A gaming operator who installs gaming 25 equipment, or causes gaming equipment to be installed, at an approved venue must give notice to the Authority of-- (a) particulars of the gaming equipment; and 30 (b) the date and time of commencement of gaming on the gaming equipment-- 8 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 s. 12 13 Act No. not later than the next day on which the Authority is open for business after that commencement. Penalty: 100 penalty units. 5 (2A) A notice under sub-section (2) must be in a form approved by the Director.". 12. Investigation of complaints (1) In section 125 of the Principal Act, sub-section (2) is repealed. 10 (2) In section 125 of the Principal Act, for sub- sections (3) and (4) substitute-- "(3) If, as a result of the investigation, the inspector is satisfied that there has been a contravention of a provision of this Act, the 15 inspector-- (a) must report the matter to the Director in writing; and (b) subsequently must notify the venue operator and the relevant gaming 20 operator of the substance of the complaint and give each of the operators an opportunity to respond to the complaint within a reasonable period to be specified in the notice. 25 (3A) Sub-section (3)(b) does not apply to a complaint in respect of which the Director decides to take no further action. (4) The inspector must inform the complainant of the results of the investigation of the 30 complaint and of any action taken as a consequence of it.". 13. Audit 9 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 Act No. (1) In section 3(1) of the Principal Act, in paragraph (b) of the definition of "gaming operator", after "sections" insert "134,". (2) In section 134 of the Principal Act, omit "and an 5 operator under the gaming licence" (wherever occurring). 14. Statute law revision (1) In section 119(d) of the Principal Act, for "ability" substitute "suitability". 10 (2) In section 136 of the Principal Act, sub-section (3A) is repealed. (3) In section 136(3D) of the Principal Act-- (a) for "sub-sections (2) and (3)" substitute "sub-section (3)"; and 15 (b) for "continue" substitute "continues". (4) Sections 160, 161 and 162 of the Principal Act are repealed. _______________ 10 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 s. 15 Act No. PART 4--CLUB KENO ACT 1993 15. Principal Act No. 56/1993. In this Part, the Club Keno Act 1993 is called the Reprint No. 1 Principal Act. as at 24 October 1996. 5 16. Definitions In section 3 of the Principal Act-- (a) insert the following definitions-- ' "approved venue" has the same meaning as in the Gaming Machine Control 10 Act 1991; "gaming revenue", in relation to a week, means the amount received by the participants for club keno games conducted by the participants in the 15 week less the sum of all prizes payable in respect of those games; "venue operator" has the same meaning as in the Gaming Machine Control Act 1991;'; 20 (b) in the definition of "participants", for "participants' net profit" substitute "gaming revenue"; (c) omit the definition of "participants' net profit". 25 17. Prizes fund In section 5(2) of the Principal Act, for "82·5 per centum of the total amount subscribed to" substitute "75 per centum of the total amount received by the participants for". 30 11 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 s. 18 Act No. 18. Substitution of section 7 For section 7 of the Principal Act substitute-- "7. Duty payable by participants (1) In this section, "week" means a period of 7 5 days commencing on a Sunday and ending on the following Saturday. (2) The participants must pay in respect of club keno games conducted during each week-- (a) to the Treasurer, in accordance with 10 arrangements approved by the Treasurer, for payment into the Consolidated Fund, 331/3 per centum of the gaming revenue for the week, such payment to be made on the next 15 Tuesday after the end of the week; and (b) to the venue operator of an approved venue in which tickets in club keno games are sold during the week, an amount calculated in accordance with 20 the formula-- GR V × 3 T where-- GR is the gaming revenue for the week; T is the total amount received by the 25 participants for club keno games conducted during the week; V is the amount received at the approved venue for club keno games conducted during the week. 30 (3) If, in respect of a week, the amount of all prizes payable in respect of club keno games conducted during the week exceeds the 12 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 s. 18 Act No. amount received by the participants for those games, the amount of that excess may be applied to reduce the gaming revenue for the next or a subsequent week for the purposes 5 of determining the amounts payable under sub-section (2)(a) in respect of that week. (4) An amount payable under this section is a debt and may be recovered in a court of competent jurisdiction. 10 (5) An amount equal to the amount paid into the Consolidated Fund under sub-section (2)(a) must, in respect of each relevant period, be paid out of the Consolidated Fund (which is to the necessary extent appropriated 15 accordingly) into the Hospitals and Charities Fund under the Health Services Act 1988 and the Mental Hospitals Fund under the Tattersall Consultations Act 1958, in the proportions determined by the Treasurer. 20 (6) This section as amended by section 18 of the Gaming Acts (Further Amendment) Act 1997 applies in respect of a week commencing on or after the day on which that section commences.". 25 _______________ 13 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 s. 19 Act No. PART 5--TATTERSALL CONSULTATIONS ACT 1958 19. Principal Act No. 6390. In this Part, the Tattersall Consultations Act Reprinted to 1958 is called the Principal Act. No. 73/1993 and subsequently amended by No. 98/1995. 5 20. Turnover tax (1) In section 6 of the Principal Act, for sub-sections (1) and (1A) substitute-- "(1) The promoter must pay to the Treasurer for payment into the Consolidated Fund-- 10 (a) in respect of each Consultation conducted under the licence a duty equal to 35·55 per centum of the amount subscribed to the Consultation; and 15 (b) in respect of each soccer football pool conducted under the licence a duty equal to 34 per centum of the amount subscribed to the soccer football pool; and 20 (c) an amount equal to 25 per centum of the promoter's net profit for the relevant period.". (2) In section 6(1B) of the Principal Act-- (a) after "under" (where first occurring) insert 25 "paragraphs (a) and (b) of"; and (b) for "sub-section (1A)" substitute "paragraph (c) of sub-section (1)". 14 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 s. 21 Act No. 21. Abolition of Lotteries Development Fund (1) Section 6AA of the Principal Act is repealed. (2) On the repeal of section 6AA of the Principal Act the balance of money standing to the credit of the 5 Lotteries Development Fund must be paid to the promoter. 22. Abolition of Gold Lottery Consultations (1) In section 3 of the Principal Act-- (a) in the definition of "Consultation", omit 10 paragraph (b); (b) the definition of "Gold Lottery Consultation" is repealed. (2) Section 7B of the Principal Act is repealed. 23. Appropriation of duty 15 In section 7(1) of the Principal Act, for "other than a Gold Lottery Consultation and an amount equal to one-third of" substitute "and an amount equal to". 24. Commission paid to accredited representatives 20 In section 3 of the Principal Act, for the definition of ' "amount subscribed" or "total subscriptions" ' substitute-- ' "amount subscribed" or "total subscriptions", in relation to a Consultation or soccer 25 football pool, does not include-- (a) an amount determined by multiplying by 10 cents the number of tickets issued in Victoria in the Consultation or soccer football pool; or 30 (b) an amount paid or payable to an accredited representative of the 15 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 s. 25 Act No. promoter as commission on the issue of tickets in the Consultation or soccer football pool;'. 25. Insertion of new section 12 5 After section 11 of the Principal Act insert-- "12. Transitional (1) This Act as amended by section 20 of the Gaming Acts (Further Amendment) Act 1997 applies to-- 10 (a) Consultations and soccer football pools conducted on or after 1 July 1997; and (b) a relevant period commencing on or after 1 July 1997. (2) This Act as amended by section 23 of the 15 Gaming Acts (Further Amendment) Act 1997 applies to all duty paid into the Consolidated Fund in respect of soccer football pools during each financial year ending after 1 July 1997.". 20 16 531178B.I1-18/3/97

 


 

Gaming Acts (Further Amendment) Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 17 531178B.I1-18/3/97

 


 

 


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