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GAMING ACTS (FURTHER AMENDMENT) BILL 1998

                 PARLIAMENT OF VICTORIA

       Gaming Acts (Further Amendment) Act 1998
                                   Act No.


                      TABLE OF PROVISIONS
Clause                                                         Page

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

PART 2--CASINO CONTROL ACT 1991                                   3
  3.     Restrictions on employment                               3
  4.     Statute law revision                                     3

PART 3--CASINO (MANAGEMENT AGREEMENT) ACT 1993                    5
  5.     Principal Act                                            5
  6.     Amendment of definitions                                 5
  7.     Insertion of new section 6E                              5
         6E.     Ratification of the fifth Deed of Variation      5
  8.     Amendment of section 7                                   6
  9.     Insertion of Schedule 6                                  6

PART 4--CLUB KENO ACT 1993                                       10
  10.    Principal Act                                           10
  11.    Definitions                                             10
  12.    Declaration of participant                              11
  13.    Regulations                                             11
  14.    Repeal of spent provisions                              11

PART 5--GAMING AND BETTING ACT 1994                              12
  15.    Amendment of section 51                                 12
  16.    Amendment of section 128                                12

PART 6--GAMING MACHINE CONTROL ACT 1991                          13
  17.    Principal Act                                           13
  18.    Declaration of operator                                 13
  19.    Amendment of section 12A                                14
  20.    Amendment of section 12D                                14



                                        i
532101B.I1-21/10/98

 


 

Clause Page 21. Amendment of section 30 14 22. Manufacturers and suppliers 14 23. Malfunction of gaming machines 15 24. Delegation 16 25. Returns by gaming operators 16 26. New section 136B inserted 16 136B. Interest on late payment 16 27. Statute law revision 17 PART 7--GAMING NO. 2 ACT 1997 19 28. Principal Act 19 29. Applicant for permit under Part 4 19 30. Trade promotion lotteries 19 28A. Nominee of holder of permit 19 31. Operators need not be natural persons 20 32. New section 39A inserted 21 39A. Nominee of licensee 21 33. Amendment of section 47 22 34. Employees licence 22 35. New section 62 substituted 23 62. Duration of employee's licence 23 36. Banking 23 37. Disciplinary action 23 38. Suspension of permit or licence 24 39. Delegation 26 PART 8--TATTERSALL CONSULTATIONS ACT 1958 27 40. Declaration of operator 27 NOTES 29 ii 532101B.I1-21/10/98

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Casino Control Act 1991, the Casino (Management Agreement) Act 1993, the Club Keno Act 1993, the Gaming and Betting Act 1994, the Gaming Machine Control Act 1991, the Gaming No. 2 Act 1997 and the Tattersall Consultations Act 1958 and for other purposes. Gaming Acts (Further Amendment) Act 1998 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to amend the Casino Control Act 1991, the Casino (Management 5 Agreement) Act 1993, the Club Keno Act 1993, the 1 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 2 Act No. Gaming and Betting Act 1994, the Gaming Machine Control Act 1991, the Gaming No. 2 Act 1997 and the Tattersall Consultations Act 1958. 2. Commencement 5 (1) Subject to this section, this Act comes into operation on the day on which this Act receives the Royal Assent. (2) Sections 29, 30, 31 and 32 come into operation on 1 March 1999. 10 (3) Section 36 comes into operation on 1 June 1999. _______________ 2 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 3 Act No. PART 2--CASINO CONTROL ACT 1991 No. 47/1991. 3. Restrictions on employment Reprint No. 3 as at 8 May In section 152 of the Casino Control Act 1991-- 1997 and subsequently (a) sub-sections (3) and (4) are repealed; amended by Nos 16/1997 5 (b) in sub-section (5), omit ", (3) or (4) or by and 46/1998. section 111". 4. Statute law revision (1) In the Casino Control Act 1991-- (a) in section 115(2)(a) for "not less that" 10 substitute "not less than"; (b) in section 128D(2)(c) after "project;" insert "and". (2) In section 167 of the Casino Control Act 1991, for sub-sections (3) and (4) substitute-- 15 "(3) The Regulations are subject to disallowance by a House of the Parliament. (4) If a regulation made under this Act is disallowed by the Parliament or a House of the Parliament, no regulation which is the 20 same in substance as the disallowed regulation may be made within 6 months after the date of the disallowance, unless-- (a) if the regulation was disallowed by one House of the Parliament, that House 25 approves the making of a regulation the same in substance as the disallowed regulation; or (b) if the regulation was disallowed by both Houses of the Parliament, each 30 House approves the making of a regulation the same in substance as the disallowed regulation.". 3 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 4 Act No. _______________ 4 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 5 Act No. PART 3--CASINO (MANAGEMENT AGREEMENT) ACT 1993 No. 94/1993. 5. Principal Act Reprint No. 2 as at In this Part, the Casino (Management 5 September Agreement) Act 1993 is called the Principal Act. 1997 and subsequently amended by No. 16/1997. 5 6. Amendment of definitions In section 4 of the Principal Act-- (a) in the definition of "the Agreement", after "fourth Deed of Variation" insert "and the fifth Deed of Variation"; 10 (b) after the definition of "the fourth Deed of Variation" insert-- ' "the fifth Deed of Variation" means the deed of variation to the management agreement for the Melbourne Casino 15 Project, a copy of which is set out in Schedule 6.'. 7. Insertion of new section 6E After section 6D of the Principal Act insert-- "6E. Ratification of the fifth Deed of Variation 20 (1) The fifth Deed of Variation is ratified and takes effect as if it had been enacted in this Act. (2) The Agreement is amended as provided in the fifth Deed of Variation. 25 (3) A reference in clause 2.2 of the fifth Deed of Variation to the coming into operation of the Bill is deemed to be a reference to the date 5 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 8 Act No. on which the Gaming Acts (Further Amendment) Act 1998 receives the Royal Assent.". 8. Amendment of section 7 5 In section 7(2) of the Principal Act, after "6D(1)" insert "or 6E(1)". 9. Insertion of Schedule 6 After Schedule 5 to the Principal Act insert-- "SCHEDULE 6 10 FIFTH DEED OF VARIATION TO THE MANAGEMENT AGREEMENT MELBOURNE CASINO PROJECT DEED dated 1 October 1998 BETWEEN THE HONOURABLE ROGER M. HALLAM MLC, the 15 Minister of the Crown for the time being administering the Casino Control Act acting for and on behalf of the State of Victoria ('State') AND CROWN LIMITED ACN 006 973 262 of 8 Whiteman Street, Southbank, Victoria ('Company') 20 RECITALS A. The State and the Company entered into an agreement dated 20 September 1993 ratified by and scheduled to the Casino (Management Agreement) Act 1993 ('Management Agreement'). B. The Management Agreement was varied by: 25 (a) a deed of variation dated 14 November 1994 ratified by and scheduled to the Casino (Management Agreement) (Amendment) Act 1994; (b) a deed of variation dated 12 October 1995 ratified by and scheduled to the Casino (Management 30 Agreement) (Further Amendment) Act 1995; (c) a deed of variation dated 3 June 1996 ratified by and scheduled to the Gaming Acts (Amendment) Act 1996; and 6 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 9 Act No. (d) a deed of variation dated 7 November 1996 ratified by and scheduled to the Casino (Management Agreement) (Amendment) Act 1996. C. The parties have agreed to further vary the Management 5 Agreement as provided in this document. AGREEMENT 1. Definitions Unless the context otherwise requires or the contrary intention appears, terms defined in the Casino Control Act or the 10 Management Agreement have the same meaning when used in this document. 2. Ratification and operation of provisions 2.1 A Minister of the State must introduce and sponsor a Bill in the Parliament of Victoria to ratify this document as soon as 15 reasonably practicable after its execution. 2.2 Clauses 3 and 4 of this document shall come into operation on the date on which the Bill referred to in clause 2.1 receives Royal Assent. 2.3 Clauses 1, 2, 5, 6 and 7 of this document shall come into operation 20 on the date of this document. 2.4 If the condition in clause 2.2 is not satisfied by 31 January 1999 or such later date agreed by the parties, this document other than clause 5 will terminate. Following such termination neither party shall have any claim against the other with respect to any matter or 25 thing antecedent to or arising out of or done, performed, or omitted to be done or performed under this document. 3. Variation of Management Agreement The State and the Company agree to vary the Management Agreement in the following manner: 30 (a) the definition of 'Completion Date' in clause 2 shall be varied by deleting from paragraph (e) '1999' and substituting '2003'; (b) clause 10.4 is varied by: (i) deleting the words 'as soon as practicable'; and 35 (ii) inserting at the end of the clause the words 'within sufficient time to enable their Completion by the relevant Completion Date'; (c) clause 16.9(b) is varied by: 7 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 9 Act No. (i) inserting the words 'and section 81J of the Casino Control Act' after the words 'clauses 22 and 22A'; and (ii) deleting the word 'and' after the words 'Gross Gaming Revenue' and substituting a comma; and 5 (iii) inserting the words 'and gross betting revenue' after the words 'Commission Based Players' Gaming Revenue'. 4. Bank Guarantee 4.1 On or before 1 January 2000, the Company must provide to the 10 State an unconditional guarantee or letter of credit issued by a bank or banks acceptable to the State's Nominated Representative and in a form approved by the State's Nominated Representative to pay to the State on demand up to $25 000 000. 4.2 The guarantee or letter of credit required under clause 4.1 is to be 15 provided in substitution for the Bank Guarantee currently provided to the State under clause 18.1 of the Management Agreement, and will be the Bank Guarantee for the purposes of clause 18.2 of the Management Agreement. 4.3 A breach by the Company of clause 4.1 shall be taken to be a 20 breach of the Management Agreement for the purposes of clause 25.2 of the Management Agreement. 5. Force Majeure Event The Company acknowledges that none of the negotiation, preparation and execution of this document, its ratification under 25 clause 2 or any of the circumstances relating to or giving rise to the creation of this document has or will cause or create any Government Action or Force Majeure Event. 6. Confirmation of other terms 6.1 The parties acknowledge and confirm that except as varied by this 30 document the terms and conditions of the Management Agreement remain in full force and effect. 6.2 Without limiting clause 6.1, the Company acknowledges and confirms that: (a) subject to clause 16.3 of the Management Agreement, the 35 Company shall be liable for liquidated damages under clause 17 of the Management Agreement if the Lyric Theatre and the Southern Tower of the Hotel are not Completed and open for business by the Completion Date; and 8 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 9 Act No. (b) the Company must comply with the requirements of clause 13.1 of the Management Agreement in relation to materials, fittings, equipment and workmanship utilised in carrying out the construction of the Melbourne Casino Complex. 5 7. General provisions Clauses 33 and 35 to 40 (inclusive) of the Management Agreement apply to this document as if expressly included in this document. EXECUTED as a deed. SIGNED by THE HONOURABLE ROGER M. HALLAM MLC for and on ROGER M HALLAM behalf of the State of Victoria in the presence of ANNA O'SULLIVAN Signature of witness THE COMMON SEAL of CROWN L. S. LIMITED is affixed in accordance with its articles of association in the presence of P ROWEC L J WILLIAMS Secretary ". Director 10 _______________ 9 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 10 Act No. PART 4--CLUB KENO ACT 1993 10. 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 and subsequently amended by Nos 15/1997, 93/1997 and 29/1998. 5 11. Definitions In this section 3 of the Principal Act insert-- ' "subsidiary"-- (a) in relation to the trustees, means a body corporate that, if the trustees were a 10 body corporate, would be a subsidiary of the trustees within the meaning of the Corporations Law (but not a subsidiary of another such body corporate); 15 (b) in relation to a body corporate, means another body corporate that is a subsidiary of the first-mentioned body corporate within the meaning of the Corporations Law (but not a subsidiary 20 of another such body corporate); "wholly-owned subsidiary", in relation to the trustees, means a company-- (a) that is a subsidiary of the trustees or of a body corporate that is a subsidiary of 25 the trustees; and (b) none of whose members is a person other than-- 10 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 12 Act No. (i) the trustees; (ii) a nominee of the trustees; (iii) a subsidiary of the trustees, being a subsidiary none of whose 5 members is a person other than-- (A) the trustees; or (B) a nominee of the trustees; (iv) a nominee of such a subsidiary.'. 12. Declaration of participant 10 In sections 3A(1) and (2), 3B(1), (2)(b) and (2)(d) and 3C(1) of the Principal Act, for "wholly owned and controlled by" substitute "a wholly-owned subsidiary of". 13. Regulations 15 In section 15 of the Principal Act, for sub-section (3) substitute-- "(3) The Regulations are subject to disallowance by a House of the Parliament.". 14. Repeal of spent provisions 20 Sections 16 and 17 of the Principal Act are repealed. _______________ 11 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 15 Act No. PART 5--GAMING AND BETTING ACT 1994 15. Amendment of section 51 No. 37/1994. In section 51(1) of the Gaming and Betting Act Reprint No. 1 1994, the definition of "relevant offence" is as at 28 July 5 repealed. 1997 and subsequently amended by Nos 16/1997, 90/1997 and 46/1998. 16. Amendment of section 128 In section 128 of the Gaming and Betting Act 1994-- (a) in sub-section (4), omit "or the Director, as 10 the case requires"; (b) in sub-section (6), after "1991" insert ", a casino operator under the Casino Control Act 1991 or a person whose name is on the Roll referred to in section 62 of the Gaming 15 Machine Control Act 1991". _______________ 12 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 17 Act No. PART 6--GAMING MACHINE CONTROL ACT 1991 No. 53/1991. 17. Principal Act Reprint No. 5 as at 30 June In this Part, the Gaming Machine Control Act 1998. 1991 is called the Principal Act. 5 18. Declaration of operator (1) In section 3(1) of the Principal Act insert-- ' "subsidiary"-- (a) in relation to the Trustees, means a body corporate that, if the Trustees 10 were a body corporate, would be a subsidiary of the Trustees within the meaning of the Corporations Law (but not a subsidiary of another such body corporate); 15 (b) in relation to a body corporate, means another body corporate that is a subsidiary of the first-mentioned body corporate within the meaning of the Corporations Law (but not a subsidiary 20 of another such body corporate); "wholly-owned subsidiary", in relation to the Trustees, means a company-- (a) that is a subsidiary of the Trustees or of a body corporate that is a subsidiary of 25 the Trustees; and (b) none of whose members is a person other than-- (i) the Trustees; (ii) a nominee of the Trustees; 30 (iii) a subsidiary of the Trustees, being a subsidiary none of whose members is a person other than-- 13 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 19 22 Act No. (A) the Trustees; or (B) a nominee of the Trustees; (iv) a nominee of such a subsidiary.'. (2) In sections 3A(1) and (2), 3B(1), (2)(b) and (2)(d) 5 and 3C(1) of the Principal Act for "wholly owned and controlled by" substitute "a wholly-owned subsidiary of". 19. Amendment of section 12A After section 12A(1)(d) of the Principal Act 10 insert-- "; or (e) a licence of a kind referred to in paragraphs (a) to (d) that is granted subject to a condition under section 80 of the Liquor 15 Control Act 1987.". 20. Amendment of section 12D In section 12D of the Principal Act for sub-section (2) substitute-- "(2) In particular, the Authority must consider 20 whether the size, layout and facilities of the premises are or will be suitable.". 21. Amendment of section 30 After section 30(4)(b) of the Principal Act insert-- 25 "; or (c) the imposition of a fine.". 22. Manufacturers and suppliers (1) In section 66 of the Principal Act, before sub- section (1) insert-- 14 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 Act No. '(1A) In this section-- "disciplinary action" means removal of the name of a person from the Roll, the issuing of a letter of censure or the 5 imposition of a fine not exceeding $5 000 000.'. (2) In section 66(1) of the Principal Act, for "remove the name of a person from the Roll" substitute "take disciplinary action against a person listed on 10 the Roll whether before or after the commencement of section 22 of the Gaming Acts (Further Amendment) Act 1998". (3) In section 66(2) of the Principal Act, for "why the person's name should not be removed from the 15 Roll" substitute "why disciplinary action should not be taken against the person". 23. Malfunction of gaming machines (1) In section 83(1) of the Principal Act after "suspects that the gaming machine" insert "or any 20 related gaming equipment". (2) In section 84 of the Principal Act, for sub-section (1) substitute-- "(1) A venue operator or a gaming operator must not allow a gaming machine that is installed 25 in an approved venue of the venue operator to be played, other than for testing purposes, if-- (a) it does not function in the manner in which it was designed and programmed 30 to function; or (b) any related gaming equipment does not function in the manner in which it was designed and programmed to function in relation to that gaming machine-- 15 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 24 26 Act No. until the gaming machine or gaming equipment is functioning in the manner in which it was designed and programmed to function. 5 Penalty: 100 penalty units.". 24. Delegation In section 107A(1A) of the Principal Act, for "Division 4 of Part 3" substitute "section 12B(5), 12C(2), 12D, 12E, 12F, 12H, 12K, 20(3), 21, 22, 10 23, 25, 25A, 30, 31 or 38 or Division 4 of Part 3". 25. Returns by gaming operators In section 136 of the Principal Act, for sub-section (5) substitute-- '(5) In this section-- 15 "daily net cash balance", in relation to a gaming machine, means the total amount wagered on a day less-- (a) the sum of all prizes paid from that amount (other than prizes 20 paid from a jackpot special prize pool); and (b) the sum of amounts determined as prescribed for payment in respect of that total amount wagered to a 25 jackpot special prize pool.'. 26. New section 136B inserted After section 136A of the Principal Act insert-- "136B. Interest on late payment (1) If an amount payable under this Part-- 16 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 Act No. (a) by the Trustees to the Treasurer; or (b) by a gaming operator or holder of a gaming licence under the Gaming and Betting Act 1994 to the Authority-- 5 is not so paid within the period within which it is required to be paid, the Trustees are, or the operator or holder is, as the case requires, liable to pay interest at the rate of 20% per annum on that amount from the date on 10 which the payment was due until the payment is made. (2) The Treasurer or the Authority, as the case requires, may, if the Treasurer or Authority thinks fit, mitigate or remit an amount of 15 interest due under sub-section (1).". 27. Statute law revision (1) In section 78 of the Principal Act, for sub- section (6) substitute-- "(6) Section 15 and Part 5 of the Subordinate 20 Legislation Act 1994 apply to a rule made under this section as if the rule were a statutory rule within the meaning or that Act, notice of the making of which had been published in the Government Gazette on the 25 day on which the rule was so published.". (2) In section 159 of the Principal Act, for sub- sections (4) and (5) substitute-- "(4) The regulations and rules made under section 78 are subject to disallowance by a House of 30 the Parliament. (5) If a regulation made under this Act or a rule made under section 78 is disallowed by the Parliament or a House of the Parliament, no regulation or rule which is the same in 35 substance as the disallowed regulation or 17 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 27 Act No. rule may be made within 6 months after the date of the disallowance, unless-- (a) if the regulation or rule was disallowed by one House of the Parliament, that 5 House approves the making of a regulation or rule the same in substance as the disallowed regulation or rule; or (b) if the regulation or rule was disallowed by both Houses of the Parliament, each 10 House approves the making of a regulation or rule the same in substance as the disallowed regulation or rule.". _______________ 18 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 28 Act No. PART 7--GAMING NO. 2 ACT 1997 No. 16/1997 28. Principal Act as amended by Nos In this Part, the Gaming No. 2 Act 1997 is called 90/1997, the Principal Act. 30/1998, 43/1998 and 52/1998. 5 29. Applicant for permit under Part 4 In section 28(1) of the Principal Act, omit "natural". 30. Trade promotion lotteries After section 28 of the Principal Act insert-- 10 "28A. Nominee of holder of permit (1) If a permit under this Part is granted to a body corporate, the body corporate must nominate a natural person approved by the Director to be responsible as the holder of 15 the permit on behalf of the body corporate and a person so nominated and approved is liable under this Act as the holder of the permit. (2) If the body corporate has not nominated a 20 person under sub-section (1) or if a person so nominated has resigned, or been dismissed, or is otherwise unable for any reason to carry out the duties of the holder of a permit, the directors of the body corporate are severally 25 liable under this Act as the holder of the permit until such time as a natural person or another natural person (as the case may be) is nominated and approved by the Director. (3) The Director may refuse to approve a person 30 nominated under this section unless satisfied 19 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 31 Act No. that the person nominated is a suitable person to be concerned in or associated with the promotion of the trade or business to which the permit relates. 5 (4) In particular, the Director must consider whether the person nominated is of good repute, having regard to character, honesty and integrity. (5) The Director must determine an application 10 by either approving or refusing to approve the person nominated and must notify the applicant in writing of its decision. (6) The nomination and approval by the Director of a person under this section does not limit 15 the liability of the holder of the permit under this Act whilst that person is a nominee.". 31. Operators need not be natural persons (1) In section 3 of the Principal Act, in the definition of "operator" omit "natural". 20 (2) In section 35(1)(a) and (b) of the Principal Act, after "applicant" insert "or an associate of the applicant". (3) In section 36 of the Principal Act-- (a) in sub-section (1)(a), after "applicant" insert 25 "and each associate of the applicant"; (b) in sub-section (2)(a) and (b), after "applicant" insert "and each associate of the applicant"; (c) after sub-section (2)(b) insert-- 30 "(ba) if the applicant is not a natural person, the applicant has, or has arranged, a satisfactory ownership, trust or corporate structure;"; 20 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 32 Act No. (d) in sub-section (2)(c), after "applicant" insert "or an associate of the applicant". 32. New section 39A inserted After section 39 of the Principal Act insert-- 5 "39A. Nominee of licensee (1) If an operator's licence is granted to a body corporate, the body corporate must nominate a natural person approved by the Authority to be responsible as licensee on behalf of the 10 body corporate and a person so nominated and approved is liable under this Act as licensee. (2) If the body corporate has not nominated a person under sub-section (1) or if a person so 15 nominated has resigned or been dismissed or has ceased to manage or control a bingo centre to which the licence relates, the directors of the body corporate are severally liable under this Act as licensee until such 20 time as a natural person or another natural person (as the case may be) is nominated and approved by the Authority. (3) The Authority may refuse to approve a person nominated under this section unless 25 satisfied that the person nominated, and each associate of the person, is a suitable person to be concerned in or associated with the management and operation of a bingo centre. (4) In particular, the Authority must consider 30 whether-- (a) the person nominated and each associate of the person nominated is of good repute, having regard to character, honesty and integrity; 21 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 33 Act No. (b) each person is of sound and stable financial background; (c) any of those persons has any business association with any person, body or 5 association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources. 10 (5) Sections 37, 38 and 39 apply as if a reference to an application for an operator's licence were a reference to an application under this section for approval of a person as a nominee. 15 (6) The Authority must determine an application by either approving or refusing to approve the person nominated and must notify the applicant in writing of its decision. (7) The nomination and approval by the 20 Authority of a person under this section does not limit the liability of the holder of an operator's licence under this Act whilst that person is a nominee.". 33. Amendment of section 47 25 At the end of section 47 of the Principal Act insert-- "Penalty: 50 penalty units". 34. Employees licence In section 53(1) of the Principal Act-- 30 (a) at the end of paragraph (b), omit "and"; (b) paragraph (c) is repealed. 22 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 35 Act No. 35. New section 62 substituted For section 62 of the Principal Act substitute-- "62. Duration of employee's licence An employee's licence remains in force, 5 unless sooner cancelled or surrendered, for a period of 3 years after the end of the month in which the licence was issued.". 36. Banking In section 89(1) of the Principal Act-- 10 (a) for "must--" substitute "or has, at any time in the preceding 12 months, held such a permit or conducted such an activity must--"; (b) for paragraph (c) substitute-- 15 "(c) keep and maintain a single account, as approved by the Authority, at a financial institution in the State for use for all transactions arising under this Act in relation to all such permits or 20 activities held or conducted by that person; and". 37. Disciplinary action In section 92(1) of the Principal Act, in the definition of "grounds for disciplinary action", 25 after paragraph (g) insert-- "(h) that-- (i) the holder of a permit under section 28 or of an operator's licence; or (ii) if such a holder is a body corporate, an 30 officer or director of the holder; or 23 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 38 Act No. (iii) the nominee of such a holder or operator approved under section 28A or 39A-- has been convicted or found guilty of-- 5 (iv) an offence against this Act or the Regulations, the Casino Control Act 1991, the Gaming Machine Control Act 1991 the Club Keno Act 1993, the Gaming and Betting Act 1994 or the 10 Lotteries Gaming and Betting Act 1966 or an offence against regulations made under any of those Acts; or (v) an offence arising out of or in connection with the employment of the 15 holder under any of those Acts; or (vi) an offence arising out of or in connection with the management or operation of a bingo centre; or (vii) whether or not in Victoria-- 20 (A) an indictable offence; or (B) an offence which, if committed in Victoria, would be an indictable offence-- the nature or circumstances of which, in the 25 opinion of the Authority, relate to a bingo centre of the holder of an operator's licence; (i) that the holder of a permit under Part 4 or of an operator's licence is considered, having regard to the matters set out in section 29(1) 30 or 36(2), to be no longer a suitable person to hold the permit or licence.". 38. Suspension of permit or licence After section 92(8) of the Principal Act insert-- 24 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 38 Act No. "(9) The Authority or the Director may suspend a permit under Part 4, the Authority may suspend an operator's licence and the Director may suspend a bingo employee's 5 licence by notice in writing given to the holder of the permit or licence if the Authority or Director, as the case requires, is satisfied that-- (a) the holder; or 10 (b) if the holder is a body corporate, an officer or director of the holder; or (c) the nominee of the holder approved under section 28A or 39A-- has been charged with-- 15 (d) an offence against this Act or the Regulations, the Casino Control Act 1991, the Gaming Machine Control Act 1991, the Club Keno Act 1993, the Gaming and Betting Act 1994 or 20 the Lotteries Gaming and Betting Act 1966 or an offence against regulations made under any of those Acts; or (e) an offence arising out of or in connection with the employment of the 25 holder under any of those Acts; or (f) an offence arising out of or in connection with the management or operation of a bingo centre; or (g) an indictable offence or an offence 30 committed outside Victoria which , if committed in Victoria, would be an indictable offence the nature or circumstances of which, in the opinion of the Authority or Director, as the case 25 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 39 Act No. requires, relate to a bingo centre of the holder.". 39. Delegation After section 103(1) of the Principal Act insert-- 5 "(1A) The Authority may, by instrument under its official seal, delegate to the Director any power of the Authority under section 4, 34(3) or (6), 37, 38, 45, 48(2) or 67.". _______________ 10 26 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 40 Act No. PART 8--TATTERSALL CONSULTATIONS ACT 1958 40. Declaration of operator (1) In section 3 of the Tattersall Consultations Act 1958 insert-- 5 ' "subsidiary"-- (a) in relation to the promoter, means a body corporate that, if the promoter were a body corporate, would be a subsidiary of the promoter within the 10 meaning of the Corporations Law (but not a subsidiary of another such body corporate); (b) in relation to a body corporate, means another body corporate that is a 15 subsidiary of the first-mentioned body corporate within the meaning of the Corporations Law (but not a subsidiary of another such body corporate); "wholly-owned subsidiary", in relation to the 20 promoter, means a company-- (a) that is a subsidiary of the promoter or of a body corporate that is a subsidiary of the promoter; and (b) none of whose members is a person 25 other than-- (i) the promoter; (ii) a nominee of the promoter; (iii) a subsidiary of the promoter, being a subsidiary none of whose 30 members is a person other than-- (A) the promoter; or 27 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 s. 40 Act No. (B) a nominee of the promoter; (iv) a nominee of such a subsidiary.'. (2) In sections 5A(1) and (2), 5B(1) and (2)(b) and 5C(1) of the Tattersall Consultations Act 1958, 5 for "wholly owned and controlled by" substitute "a wholly-owned subsidiary of". 28 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 29 532101B.I1-21/10/98

 


 

Gaming Acts (Further Amendment) Act 1998 Act No. 30 532101B.I1-21/10/98

 


 

 


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