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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA Gaming Acts (Amendment) Act 1998 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2--TATTERSALL CONSULTATIONS ACT 1958 3 3. Principal Act 3 4. Definitions inserted 3 5. Conditions of licence 5 6. Consultations conducted by operator not to be unlawful 5 7. New sections 5A to 5E inserted 6 5A. Minister may declare company to be operator 6 5B. Approval of wholly owned and controlled company 7 5C. Investigation 8 5D. Authority may require further information etc. 9 5E. Updating of application 10 8. Consequential amendments 10 9. Statute law revision 11 PART 3--GAMING MACHINE CONTROL ACT 1991 12 10. Principal Act 12 11. Amendment of definitions 12 12. New sections 3A to 3E inserted 13 3A. Minister may declare company to be operator 13 3B. Approval of wholly owned and controlled company 14 3C. Investigation 15 3D. Authority may require further information etc. 16 3E. Updating of application 17 13. Meaning of "associate" 18 14. Authority conferred by gaming operator's licence 18 15. Accounts etc. 18 16. Statute law revision 20 i 532009B.I1-8/4/98
Clause Page PART 4--CLUB KENO ACT 1993 21 17. Principal Act 21 18. Amendment of definitions 21 19. New sections 3A to 3E inserted 23 3A. Minister may declare company to be participant 23 3B. Approval of wholly owned and controlled company 24 3C. Investigation 25 3D. Authority may require further information etc. 26 3E. Updating of application 27 NOTES 29 ii 532009B.I1-8/4/98
PARLIAMENT OF VICTORIA A BILL to amend the Tattersall Consultations Act 1958, the Gaming Machine Control Act 1991 and the Club Keno Act 1993 and for other purposes. Gaming Acts (Amendment) Act 1998 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The purposes of this Act are-- (a) to enable one or more corporate bodies 5 wholly owned and controlled by the trustees of the will and estate of the late George Adams to conduct gaming activities currently conducted by those trustees; and 1 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 2 Act No. (b) to make amendments of a statute law revision nature. 2. Commencement (1) This Act (except section 16) comes into operation 5 on the day on which it receives the Royal Assent. (2) Section 16 is deemed to have come into operation on 9 December 1997. _______________ 2 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 3 Act No. PART 2--TATTERSALL CONSULTATIONS ACT 1958 3. Principal Act No. 6390. In this Part, the Tattersall Consultations Act Reprint No. 6 1958 is called the Principal Act. as at 5 September 1997. Further amended by No. 93/1997. 5 4. Definitions inserted (1) In section 3 of the Principal Act insert the following definitions-- ' "associate" means, in relation to a person (the first person)-- 10 (a) a person who holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the 15 business of promoting and conducting Consultations of the first person, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the 20 management or operation of any such business; or (b) a person who holds or will hold any relevant position, whether in right of the person or on behalf of any other 25 person, in the business of the first person under this Act; or (c) a person who is a relative of the first person; 3 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 4 Act No. "Authority" means the Victorian Casino and Gaming Authority established under the Gaming and Betting Act 1994; "company" means a company within the 5 meaning of section 9 of the Corporations Law; "Director" means the Director of Gaming and Betting appointed under the Gaming and Betting Act 1994; 10 "operator", in relation to a licence, means-- (a) the promoter; and (b) if a declaration under section 5A is in force, the company declared under that section to be the operator in relation to 15 that licence; "relative", in relation to a person, means the spouse, de facto spouse, parent, son, daughter, or brother or sister (whether of the full or half blood) of the person; 20 "relevant financial interest", in relation to a business, means-- (a) any share in the capital of the business; or (b) any entitlement to receive any income 25 derived from the business; or (c) any entitlement to receive any payment as a result of money advanced; "relevant position", in relation to a business, means the position of director, manager, or 30 other executive position or secretary, however that position is designated; "relevant power" means any power, whether exercisable by voting or otherwise and 4 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 5 Act No. whether exercisable alone or in association with others-- (a) to participate in any directorial, managerial, or executive decision; or 5 (b) to elect or appoint any person to any relevant position;'. (2) In section 3 of the Principal Act-- (a) in paragraph (b) of the definition of "amount subscribed", after "promoter" insert "or 10 operator"; (b) in the definition of "promoter's net profit", after "promoter" (wherever occurring) insert "or operator"; (c) in paragraph (b) of the definition of "relevant 15 period", after "promoter" insert "or operator". 5. Conditions of licence (1) In section 4(2) of the Principal Act, for "promoter" (where first occurring) substitute 20 "operator". (2) In section 4(4) of the Principal Act, for "promoter" substitute "operator". (3) In section 4(5) of the Principal Act, for "promoter" (wherever occurring) substitute 25 "operator". 6. Consultations conducted by operator not to be unlawful (1) In section 5(1)(a) of the Principal Act, after "promoter" insert "and, while a declaration under 30 section 5A is in force, the company declared under that section to be the operator". (2) In section 5(2)(a) of the Principal Act, after "promoter" insert "and, while a declaration under 5 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 7 Act No. section 5A is in force, the company declared under that section to be the operator". (3) In section 5(4) of the Principal Act, for "promoter" substitute "operator". 5 (4) In section 5(5) of the Principal Act, for "promoter" substitute "operator". (5) In section 5(6) of the Principal Act, for "promoter" substitute "operator". 7. New sections 5A to 5E inserted 10 After section 5 of the Principal Act insert-- "5A. Minister may declare company to be operator (1) Subject to section 5B, the Minister, on the recommendation of the promoter, may 15 declare a company that is wholly owned and controlled by the promoter and is approved by the Authority to be the operator of the licence under section 4(1). (2) A declaration declaring a company to be the 20 operator ceases to have effect if the company ceases to be wholly owned and controlled by the promoter. (3) The Minister, on the recommendation of the promoter, may revoke the declaration of an 25 operator under this section. (4) The Minister must cause notice of a declaration or revocation of a declaration under this section to be published in the Government Gazette. 30 (5) If a declaration is made under this section, any liability or obligation of the promoter incurred prior to the declaration continues to attach to the promoter after the declaration. 6 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 7 Act No. (6) If a declaration ceases to have effect or is revoked, any liability or obligation of the company incurred prior to the cessation of effect or revocation continues to attach to the 5 company after the cessation or revocation. 5B. Approval of wholly owned and controlled company (1) The Authority must not approve a company that is wholly owned and controlled by the 10 promoter unless satisfied that the company, and each associate of the company, is a suitable person to be concerned in, or associated with, the management and operation of a business of promoting and 15 conducting Consultations. (2) In particular, the Authority must consider whether-- (a) the company, and each associate of the company, is of good repute, having 20 regard to character, honesty and integrity; (b) the company (other than a company that is wholly owned and controlled by the promoter and has not commenced to 25 carry on business), and each associate of the company, is of sound and stable financial background; (c) the company has, or is able to obtain, financial resources that are adequate to 30 ensure the financial viability of a business of promoting and conducting Consultations, and the services of persons who have sufficient experience in the management and operation of a 35 business of promoting and conducting Consultations; 7 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 7 Act No. (d) neither the company nor any associate of the company has any association with any person, body or association who or which, in the opinion of the 5 Authority, is not of good repute having regard to character, honesty and integrity as a result of which the company or the associate is likely to be significantly affected in an 10 unsatisfactory manner; (e) each director, executive officer or secretary of the company and any other officer or person determined by the Authority to be associated or connected 15 with the ownership or management of the operations or business of the company, is a suitable person to act in that capacity. 5C. Investigation 20 (1) On receiving a request to approve a company that is wholly owned and controlled by the promoter, the Authority must cause to be carried out all such investigations and inquiries as it considers necessary to enable 25 it to consider the application properly. (2) The Authority-- (a) may require a person it is investigating in relation to the person's suitability to be concerned in or associated with the 30 management of the operations or business of the company to consent to having his or her photograph, finger prints and palm prints taken; (b) must refer such photograph, finger 35 prints and palm prints and any 8 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 7 Act No. supporting documents to the Chief Commissioner of Police. (3) The Chief Commissioner of Police and the Director must inquire into and report to the 5 Authority on such matters concerning the matter as the Authority requests. (4) The Authority may refuse to consider an application for approval of a company as operator if any person from whom it requires 10 a photograph, finger prints or palm prints under this section refuses to allow his or her photograph, finger prints or palm prints to be taken. 5D. Authority may require further information 15 etc. (1) The Authority may, by notice in writing, require a person who is a company for which the promoter is seeking approval or a person whose association with the company is, in 20 the opinion of the Authority, relevant to the application to do any one or more of the following-- (a) to provide, in accordance with directions in the notice, any 25 information, verified by statutory declaration, that is relevant to the investigation of the request for approval and is specified in the notice; and (b) to produce, in accordance with 30 directions in the notice, any records relevant to the request for approval that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making 35 of copies of them; and 9 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 7 8 Act No. (c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b); and 5 (d) to furnish to the Authority any authorities and consents that the Authority directs for the purpose of enabling the Authority to obtain information (including financial and 10 other confidential information) concerning the person and his or her associates from other persons. (2) If a requirement made under this section is not complied with, the Authority may refuse 15 to consider the request for approval. 5E. Updating of application (1) If a change occurs in the information provided in or in connection with a request for approval of a company as operator 20 (including in any documents lodged with the application), before the request is granted or refused, the promoter must forthwith give the Authority written particulars of the change verified by statutory declaration. 25 Penalty: 50 penalty units. (2) When particulars of the change are given, those particulars must then be considered to have formed part of the original request, for the purposes of the application of sub-section 30 (1) to any further change in the information provided.". 8. Consequential amendments (1) In section 6AAA(1A) of the Principal Act, for "promoter" substitute "operator". 10 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 9 Act No. (2) At the end of section 8E of the Principal Act insert-- "(2) If a declaration under section 5A is in force, sections 8A to 8D apply to both the promoter 5 and the company declared under that section to be the operator.". (3) In section 9 of the Principal Act, after sub-section (2) insert-- "(3) If a declaration under section 5A is in force, 10 this section applies to both the promoter and the company declared under that section to be the operator.". (4) In section 10A(8) of the Principal Act, after "promoter" (wherever occurring) insert "or 15 operator". (5) In sub-sections (1), (2) and (3) of section 10B of the Principal Act, after "promoter" (wherever occurring) insert "or operator". (6) In section 10C(1) of the Principal Act, after 20 "promoter" insert "or operator". (7) In section 11(1)(c) of the Principal Act, after "promoter" (where first occurring) insert "or operator". 9. Statute law revision 25 The Principal Act is amended as follows-- (a) in section 6A(5)(b), for "soccer pools" substitute "soccer football pools"; (b) in section 10B(5), in paragraph (b) of the definition of "promoter", omit "means". 30 _______________ 11 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 10 Act No. PART 3--GAMING MACHINE CONTROL ACT 1991 10. Principal Act No. 53/1991. In this Part, the Gaming Machine Control Act Reprint No. 4 1991 is called the Principal Act. as at 8 May 1997. Further amended by Nos 117/1993, 15/1997, 16/1997, 90/1997 and 93/1997. 5 11. Amendment of definitions In section 3(1) of the Principal Act-- (a) for paragraph (a) of the definition of "gaming operator" substitute-- "(a) in relation to a gaming operator's 10 licence under Part 3-- (i) the holder of the licence; and (ii) if a declaration under section 3A is in force, the company declared under that section to be the 15 operator in relation to that licence; and"; (b) after the definition of "casino operator" insert-- ' "company" means a company within the 20 meaning of section 9 of the Corporations Law;'. 12 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 12 Act No. 12. New sections 3A to 3E inserted After section 3 of the Principal Act insert-- "3A. Minister may declare company to be operator 5 (1) Subject to section 3B, the Minister, on the recommendation of the Trustees, may declare a company that is wholly owned and controlled by the Trustees and is approved by the Authority to be the operator in 10 relation to the gaming operator's licence held by the Trustees. (2) A declaration declaring a company to be an operator ceases to have effect if the company ceases to be wholly owned and controlled by 15 the Trustees. (3) The Minister, on the recommendation of the Trustees, may revoke the declaration of an operator under this section. (4) The Minister must cause notice of a 20 declaration or revocation of a declaration under this section to be published in the Government Gazette. (5) If a declaration is made under this section, any liability or obligation of the Trustees 25 incurred prior to the declaration continues to attach to the Trustees after the declaration. (6) If a declaration ceases to have effect or is revoked, any liability or obligation of the company incurred prior to the cessation of 30 effect or revocation continues to attach to the company after the cessation or revocation. 13 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 12 Act No. 3B. Approval of wholly owned and controlled company (1) The Authority must not approve a company that is wholly owned and controlled by the 5 Trustees unless satisfied that the company, and each associate of the company, is a suitable person to be concerned in, or associated with, the management and operation of a gaming machine business. 10 (2) In particular, the Authority must consider whether-- (a) the company, and each associate of the company, is of good repute, having regard to character, honesty and 15 integrity; (b) the company (other than a company that is wholly owned and controlled by the Trustees and has not commenced to carry on business), and each associate 20 of the company, is of sound and stable financial background; (c) the company has, or is able to obtain, financial resources that are adequate to ensure the financial viability of a 25 gaming machine business, and the services of persons who have sufficient experience in the management and operation of a gaming machine business; 30 (d) the company (other than a company that is wholly owned and controlled by the Trustees and has not commenced to carry on business) has sufficient business ability to establish and 35 maintain a successful gaming machine business; 14 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 12 Act No. (e) neither the company nor any associate of the company has any association with any person, body or association who or which, in the opinion of the 5 Authority, is not of good repute having regard to character, honesty and integrity as a result of which the company or the associate is likely to be significantly affected in an 10 unsatisfactory manner; (f) each director, executive officer or secretary of the company and any other officer or person determined by the Authority to be associated or connected 15 with the ownership or management of the operations or business of the company, is a suitable person to act in that capacity. 3C. Investigation 20 (1) On receiving a request to approve a company that is wholly owned and controlled by the Trustees, the Authority must cause to be carried out all such investigations and inquiries as it considers necessary to enable 25 it to consider the application properly. (2) The Authority-- (a) may require a person it is investigating in relation to the person's suitability to be concerned in or associated with the 30 management of the operations or business of the company to consent to having his or her photograph, finger prints and palm prints taken; (b) must refer such photograph, finger 35 prints and palm prints and any 15 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 12 Act No. supporting documents to the Chief Commissioner of Police. (3) The Chief Commissioner of Police and the Director must inquire into and report to the 5 Authority on such matters concerning the matter as the Authority requests. (4) The Authority may refuse to consider an application for approval of a company as operator if any person from whom it requires 10 a photograph, finger prints or palm prints under this section refuses to allow his or her photograph, finger prints or palm prints to be taken. 3D. Authority may require further information 15 etc. (1) The Authority may, by notice in writing, require a person who is a company for which the Trustees are seeking approval or a person whose association with the company is, in 20 the opinion of the Authority, relevant to the application to do any one or more of the following-- (a) to provide, in accordance with directions in the notice, any 25 information, verified by statutory declaration, that is relevant to the investigation of the request for approval and is specified in the notice; and (b) to produce, in accordance with 30 directions in the notice, any records relevant to the request for approval that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making 35 of copies of them; and 16 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 12 Act No. (c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b); and 5 (d) to furnish to the Authority any authorities and consents that the Authority directs for the purpose of enabling the Authority to obtain information (including financial and 10 other confidential information) concerning the person and his or her associates from other persons. (2) If a requirement made under this section is not complied with, the Authority may refuse 15 to consider the request for approval. 3E. Updating of application (1) If a change occurs in the information provided in or in connection with a request for approval of a company as operator 20 (including in any documents lodged with the application), before the request is granted or refused, the Trustees must forthwith give the Authority written particulars of the change verified by statutory declaration. 25 Penalty: 50 penalty units. (2) When particulars of the change are given, those particulars must then be considered to have formed part of the original request, for the purposes of the application of sub-section 30 (1) to any further change in the information provided.". 17 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 13 Act No. 13. Meaning of "associate" In section 4(1) of the Principal Act-- (a) after "listed" (where first occurring) insert "or a company in respect of which a 5 declaration under section 3A is sought or in force"; (b) for "or person listed" (wherever occurring) substitute ", person listed or company". 14. Authority conferred by gaming operator's licence 10 In section 14 of the Principal Act, after "licensee" insert "and, while a declaration under section 3A is in force, the company declared under that section to be the operator". 15. Accounts etc. 15 The Principal Act is amended as follows-- (a) in section 131(1), after "Part 3" insert ", a company declared under section 3A to be an operator in relation to such a licence"; (b) in section 132(1), after "Part 3" insert ", a 20 company declared under section 3A to be an operator in relation to such a licence"; (c) in section 133(1), after "Part 3" insert ", a company declared under section 3A to be an operator in relation to such a licence"; 25 (d) in section 133(2), for "or, the holder of a gaming operator's licence under Part 3 or" substitute ", the holder of a gaming operator's licence under Part 3, a company declared under section 3A to be an operator 30 in relation to such a licence or"; (e) in section 134(1), after "Part 3" insert ", and a company declared under section 3A to be an operator in relation to such a licence,"; 18 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 15 Act No. (f) in section 134(3), after "Part 3" (wherever occurring) insert "or of a company declared under section 3A to be an operator in relation to such a licence"; 5 (g) in section 134(4), after "Part 3" insert ", and a company declared under section 3A to be an operator in relation to such a licence,"; (h) in section 134(5), after "Part 3" insert ", and a company declared under section 3A to be 10 an operator in relation to such a licence,"; (i) in section 134(7), after "Part 3" insert ", or of a company declared under section 3A to be an operator in relation to such a licence,"; (j) in section 135A(4)-- 15 (i) after "means" insert "the sum of"; and (ii) after "Trustees" (where first occurring) insert "and, if a company has been declared under section 3A to be an operator, of that company"; 20 (k) in section 135C(1)(b)(i)-- (i) after "accounts" insert "and, if a company has been declared under section 3A to be an operator, that company's financial statements and 25 accounts"; and (ii) after "Trustees' " (where secondly occurring) insert "and company's"; (l) in section 135C(2)(b)(i)-- (i) after "Trustees" insert "and, if a 30 company has been declared under section 3A to be an operator, by the company"; and 19 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 16 Act No. (ii) after "Trustees' " insert "and company's"; (m) in section 136(3C), after "Part 3" insert ", and to a company declared under section 5 3A to be an operator in relation to such a licence,"; (n) in section 136(6)(a)-- (i) after "Part 3" insert "or by a company declared under section 3A to be an 10 operator in relation to such a licence,"; (ii) after "holder" insert "or operator"; (o) in section 142, after "Act" insert ", a company declared under section 3A to be an operator in relation to a gaming operator's 15 licence under Part 3"; (p) in section 149B, after "nominee" insert "or an applicant for approval under section 3A"; (q) in section 159(1)(a), after "Act" insert "and any company declared under section 3A to 20 be an operator in relation to a gaming operator's licence". 16. Statute law revision In section 163(1) of the Principal Act, for "30" substitute "28". 25 _______________ 20 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 17 Act No. PART 4--CLUB KENO ACT 1993 17. 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. Further amended by Nos 15/1997 and 93/1997. 5 18. Amendment of definitions (1) In section 3 of the Principal Act, in the definition of "participants"-- (a) for paragraph (a) substitute-- "(a) in relation to the will and estate of the 10 late George Adams-- (i) the trustees; and (ii) if a declaration under section 3A is in force, the company declared under that section to be a 15 participant for the purposes of this Act; and"; (b) for "those trustees" substitute "the trustees (or that company)". (2) In section 3 of the Principal Act insert the 20 following definitions-- ' "associate" means, in relation to a person (the first person)-- (a) a person who holds or will hold any relevant financial interest, or is or will 21 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 18 Act No. be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of conducting and promoting 5 club keno games of the first person, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation 10 of any such business; or (b) a person who holds or will hold any relevant position, whether in right of the person or on behalf of any other person, in the business of the first 15 person under this Act; or (c) a person who is a relative of the first person; "Authority" means the Victorian Casino and Gaming Authority established under the 20 Gaming and Betting Act 1994; "company" means a company within the meaning of section 9 of the Corporations Law; "relative", in relation to a person, means the 25 spouse, de facto spouse, parent, son, daughter, or brother or sister (whether of the full or half blood) of the person; "relevant financial interest", in relation to a business, means-- 30 (a) any share in the capital of the business; or (b) any entitlement to receive any income derived from the business; or (c) any entitlement to receive any payment 35 as a result of money advanced; 22 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 19 Act No. "relevant position", in relation to a business, means the position of director, manager, or other executive position or secretary, however that position is designated; 5 "relevant power" means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others-- (a) to participate in any directorial, 10 managerial, or executive decision; or (b) to elect or appoint any person to any relevant position; "trustees" means the trustees of the will and estate of the late George Adams;'. 15 19. New sections 3A to 3E inserted After section 3 of the Principal Act insert-- "3A. Minister may declare company to be participant (1) Subject to section 3B, the Minister, on the 20 recommendation of the trustees, may declare a company within the meaning of section 9 of the Corporations Law that is wholly owned and controlled by the trustees and is approved by the Authority to be a participant 25 for the purposes of this Act. (2) A declaration declaring a company to be a participant ceases to have effect if the company ceases to be wholly owned and controlled by the trustees. 30 (3) The Minister, on the recommendation of the trustees, may at any time revoke the declaration of a participant under this section. 23 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 19 Act No. (4) The Minister must cause notice of a declaration or revocation of a declaration under this section to be published in the Government Gazette. 5 (5) If a declaration is made under this section, any liability or obligation of the trustees incurred prior to the declaration continues to attach to the trustees after the declaration. (6) If a declaration ceases to have effect or is 10 revoked, any liability or obligation of the company incurred prior to the cessation of effect or revocation continues to attach to the company after the cessation or revocation. 3B. Approval of wholly owned and controlled 15 company (1) The Authority must not approve a company that is wholly owned and controlled by the trustees unless satisfied that the company, and each associate of the company, is a 20 suitable person to be concerned in, or associated with, the management and operation of a business of conducting and promoting club keno games. (2) In particular, the Authority must consider 25 whether-- (a) the company, and each associate of the company, is of good repute, having regard to character, honesty and integrity; 30 (b) the company (other than a company that is wholly owned and controlled by the trustees and has not commenced to carry on business), and each associate of the company, is of sound and stable 35 financial background; 24 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 19 Act No. (c) the company has, or is able to obtain, financial resources that are adequate to ensure the financial viability of a business of conducting and promoting 5 club keno games, and the services of persons who have sufficient experience in the management and operation of a business of conducting and promoting club keno games; 10 (d) the company (other than a company that is wholly owned and controlled by the trustees and has not commenced to carry on business) has sufficient business ability to establish and 15 maintain a successful business of conducting and promoting club keno games; (e) neither the company nor any associate of the company has any association 20 with any person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity as a result of which the 25 company or the associate is likely to be significantly affected in an unsatisfactory manner; (f) each director, executive officer or secretary of the company and any other 30 officer or person determined by the Authority to be associated or connected with the ownership or management of the operations or business of the company, is a suitable person to act in 35 that capacity. 3C. Investigation 25 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 19 Act No. (1) On receiving a request to approve a company that is wholly owned and controlled by the trustees, the Authority must cause to be carried out all such investigations and 5 inquiries as it considers necessary to enable it to consider the application properly. (2) The Authority-- (a) may require a person it is investigating in relation to the person's suitability to 10 be concerned in or associated with the management of the operations or business of the company to consent to having his or her photograph, finger prints and palm prints taken; 15 (b) must refer such photograph, finger prints and palm prints and any supporting documents to the Chief Commissioner of Police. (3) The Chief Commissioner of Police and the 20 Director must inquire into and report to the Authority on such matters concerning the matter as the Authority requests. (4) The Authority may refuse to consider an application for approval of a company as 25 operator if any person from whom it requires a photograph, finger prints or palm prints under this section refuses to allow his or her photograph, finger prints or palm prints to be taken. 30 3D. Authority may require further information etc. (1) The Authority may, by notice in writing, require a person who is a company for which the trustees are seeking approval or a person 35 whose association with the company is, in 26 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 19 Act No. the opinion of the Authority, relevant to the application to do any one or more of the following-- (a) to provide, in accordance with 5 directions in the notice, any information, verified by statutory declaration, that is relevant to the investigation of the request for approval and is specified in the notice; and 10 (b) to produce, in accordance with directions in the notice, any records relevant to the request for approval that are specified in the notice and to permit examination of the records, the taking 15 of extracts from them and the making of copies of them; and (c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in 20 paragraph (a) or (b); and (d) to furnish to the Authority any authorities and consents that the Authority directs for the purpose of enabling the Authority to obtain 25 information (including financial and other confidential information) concerning the person and his or her associates from other persons. (2) If a requirement made under this section is 30 not complied with, the Authority may refuse to consider the request for approval. 3E. Updating of application (1) If a change occurs in the information provided in or in connection with a request 35 for approval of a company as operator 27 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 s. 19 Act No. (including in any documents lodged with the application), before the request is granted or refused, the trustees must forthwith give the Authority written particulars of the change 5 verified by statutory declaration. Penalty: 50 penalty units. (2) When particulars of the change are given, those particulars must then be considered to have formed part of the original request, for 10 the purposes of the application of sub-section (1) to any further change in the information provided.". 28 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 29 532009B.I1-8/4/98
Gaming Acts (Amendment) Act 1998 Act No. 30 532009B.I1-8/4/98
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