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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA Gaming and Tobacco Acts (Amendment) Act 2001 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. New section 13A inserted 3 13A. Licence condition--no ATMs 3 4. Amendment of conditions 3 5. Disciplinary action 3 6. Further restrictions in respect of gaming 4 PART 3--GAMING MACHINE CONTROL ACT 1991 5 7. Matters to be considered in determining applications for approval of premises as suitable for gaming 5 8. Conditions of approval 5 9. Disciplinary action and licence suspension 6 10. Approval of gaming machine types 6 11. New section 69A inserted 7 69A. Further requirements for gaming machines 7 12. New sections 81A-81C inserted 8 81A. No cashing of cheques 8 81B. Winnings must be payed by cheque 8 81C. No player rewards or loyalty schemes 9 13. Gaming tokens can no longer be used 9 14. New section 171 inserted 9 171. Transitional provisions--Gaming and Tobacco Acts (Amendment) Act 2001 9 PART 4--TOBACCO ACT 1987 11 i 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Clause Page 15. Definitions 11 16. New sections 5E and 5F inserted 12 5E. Gaming machine areas--offence by smoker 12 5F. Gaming machine areas--offence by occupier 13 17. New section 15BA inserted 14 15BA. Gaming machine areas: no smoking signs 14 18. Infringement notices 14 ENDNOTES 16 ii 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
PARLIAMENT OF VICTORIA Initiated in Assembly 28 November 2001 by Ms Davies A BILL to amend the Casino Control Act 1991, the Gaming Machine Control Act 1991 and the Tobacco Act 1987 to further regulate gaming and prohibit smoking in places where gaming machines are played and for other purposes. Gaming and Tobacco Acts (Amendment) Act 2001 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is-- (a) to amend the Casino Control Act 1991 and 5 the Gaming Machine Control Act 1991 to further regulate gaming; 1 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Gaming and Tobacco Acts (Amendment) Act 2001 s. 2 Act No. (b) to amend the Tobacco Act 1987 to prohibit smoking in places where gaming machines are played. 2. Commencement 5 (1) This Act, except section 13, comes into operation on 1 February 2003. (2) Section 13 comes into operation on 1 February 2006. _______________ 10 2 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Gaming and Tobacco Acts (Amendment) Act 2001 s. 3 Act No. PART 2--CASINO CONTROL ACT 1991 3. New section 13A inserted See: After section 13 of the Casino Control Act 1991 Act No. insert-- 47/1991. Reprint No. 5 5 "13A. Licence condition--no ATMs as at 28 August (1) It is a condition of every casino licence that 2001. LawToday: there are no automatic teller machines in the www.dms. casino or in any premises adjoining or dpc.vic. gov.au surrounding the casino that are owned or 10 occupied by the casino operator or a related entity (within the meaning of the Corporations Act) of the casino operator. (2) Sub-section (1) applies to a casino licence granted before, on or after 1 February 2003. 15 (3) However, sub-section (1) does not apply to the casino licence in force on 1 February 2003 so as to prohibit an automatic teller machine in premises for the life of a contract in respect of that machine that was entered 20 into before that day.". 4. Amendment of conditions In section 16 of the Casino Control Act 1991, after sub-section (1) insert-- "(1A) This section does not apply to the condition 25 referred to in section 13A.". 5. Disciplinary action In section 20(1) of the Casino Control Act 1991, in the definition of "grounds for disciplinary action", after paragraph (b) insert-- 30 "(ba) that the casino operator has been convicted or found guilty of an offence against section 3 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Gaming and Tobacco Acts (Amendment) Act 2001 s. 6 Act No. 5F(1) or 15BA(1) of the Tobacco Act 1987;". 6. Further restrictions in respect of gaming (1) In section 62A of the Casino Control Act 1991, 5 after sub-section (3) insert-- "(4) Subject to sub-section (5), a casino operator must not permit a gaming machine to be used for gaming in the casino unless the design of the machine is such that-- 10 (a) only coins can be accepted for betting; and (b) the maximum winnings or accumulated credits that the gaming machine can pay out in cash is $250; and 15 (c) the gaming machine ceases operating for a period of at least 10 minutes after it has been operating for a period of 90 minutes. Penalty: 1000 penalty units. 20 (5) If a gaming machine was lawfully used for gaming in a casino immediately before 1 February 2003, sub-section (4) does not apply to the machine until 1 February 2006.". 25 (2) In section 68 of the Casino Control Act 1991, sub-sections (5), (6) and (7) are repealed. _______________ 4 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Gaming and Tobacco Acts (Amendment) Act 2001 s. 7 Act No. PART 3--GAMING MACHINE CONTROL ACT 1991 7. Matters to be considered in determining applications for approval of premises as suitable for gaming See: (1) In section 12D(1) of the Gaming Machine Act No. 5 Control Act 1991, after paragraph (b) insert-- 53/1991. Reprint No. 8 "(ba) there are no automatic teller machines on the as at 28 August premises or on any other premises adjoining 2001 or surrounding the premises that are owned and amending or occupied by the owner of the premises or Act Nos 10 a relative or related entity of the owner; 117/1993, 90/1997 and and". 88/2000. LawToday: (2) In section 12D of the Gaming Machine Control www.dms. Act 1991, after sub-section (2) insert-- dpc.vic. gov.au '(3) In this section-- 15 "related entity" means-- (a) a related entity within the meaning of section 3(1); or (b) a related entity within the meaning of the Corporations Act; 20 "relative" has the same meaning as in section 4(2).'. 8. Conditions of approval (1) In section 12H of the Gaming Machine Control Act 1991, after sub-section (1C) insert-- 25 "(1D) It is a condition of every approval of premises that, when the premises are an approved venue, there are no automatic teller machines on the premises or on any other premises adjoining or surrounding the 30 premises that are owned or occupied by the holder of the approval or a relative or related entity of the holder.". 5 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Gaming and Tobacco Acts (Amendment) Act 2001 s. 9 Act No. (2) In section 12H of the Gaming Machine Control Act 1991, after sub-section (3A) insert-- '(4) In this section-- "related entity" means-- 5 (a) a related entity within the meaning of section 3(1); or (b) a related entity within the meaning of the Corporations Act; "relative" has the same meaning as in 10 section 4(2).'. 9. Disciplinary action and licence suspension In section 30 of the Gaming Machine Control Act 1991-- (a) in sub-section (1), in the definition of 15 "grounds for disciplinary action", in paragraph (ea), after sub-paragraph (v) insert-- "(va) an offence against section 5F(1) or 15BA(2) of the Tobacco Act 1987; or"; 20 (b) in sub-section (7A), after paragraph (e) insert-- "(ea) an offence against section 5F(1) or 15BA(2) of the Tobacco Act 1987; or". 10. Approval of gaming machine types 25 In section 69(3) of the Gaming Machine Control Act 1991, for "If a gaming machine type" substitute "Subject to section 69A, if a gaming machine type". 6 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Gaming and Tobacco Acts (Amendment) Act 2001 s. 11 Act No. 11. New section 69A inserted After section 69 of the Gaming Machine Control Act 1991 insert-- "69A. Further requirements for gaming machines 5 (1) The Authority cannot approve a gaming machine type under section 69 unless its design is such that-- (a) only coins can be accepted for betting; and 10 (b) the maximum winnings or accumulated credits that the gaming machine can pay out in cash is $250; and (c) the gaming machine ceases operating for a period of at least 10 minutes after 15 it has been operating for a period of 90 minutes. (2) The Authority cannot withdraw the approval of a gaming machine type that was lawfully used for gaming immediately before 20 1 February 2003 only because it does not comply with paragraph (a), (b) or (c) of sub-section (1). (3) If-- (a) a gaming machine type was lawfully 25 used for gaming immediately before 1 February 2003; and (b) on 31 January 2006 the gaming machine type does not comply with paragraphs (a), (b) and (c) of 30 sub-section (1)-- the approval of that gaming machine type is deemed to have been withdrawn at the beginning of 1 February 2006. 7 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Gaming and Tobacco Acts (Amendment) Act 2001 s. 12 Act No. (4) A gaming operator must not permit a gaming machine to be played if the machine is of a type in respect of which approval is deemed to have been withdrawn under 5 sub-section (2). Penalty: 1000 penalty units.". 12. New sections 81A-81C inserted After section 81 of the Gaming Machine Control Act 1991 insert-- 10 "81A. No cashing of cheques Any person who-- (a) holds a licence under this Act; or (b) is a gaming operator-- must not give a person cash or gaming 15 tokens in exchange for a cheque to enable that person or any other person to play a gaming machine in an approved venue. Penalty: 100 penalty units. 81B. Winnings must be payed by cheque 20 Any person who-- (a) holds a licence under this Act; or (b) is a gaming operator-- must not pay out winnings or accumulated credits exceeding $250 from gaming to a 25 person except by cheque. Penalty: 100 penalty units. 8 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Gaming and Tobacco Acts (Amendment) Act 2001 s. 13 Act No. 81C. No player rewards or loyalty schemes Any person who-- (a) holds a licence under this Act; or (b) is a gaming operator-- 5 must not give or offer to give any person a prize or other benefit for the purpose of promoting gaming or encouraging any person to participate in gaming, or otherwise in connection with gaming, except for 10 amounts that are winnings from games played on a gaming machine (being amounts derived from bets on games played on the gaming machine or from contributions to a special prize pool). 15 Penalty: 100 penalty units.". 13. Gaming tokens can no longer be used In the Gaming Machine Control Act 1991-- (a) in section 3(1), the definition of "gaming token" is repealed; 20 (b) in section 81A, omit "or gaming tokens"; (c) section 82 is repealed. 14. New section 171 inserted At the end of Part 10 of the Gaming Machine Control Act 1991 insert-- 25 "171. Transitional provisions--Gaming and Tobacco Acts (Amendment) Act 2001 (1) Section 12D(1)(ba), as inserted by section 7(1) of the Gaming and Tobacco Acts (Amendment) Act 2001, applies to the 30 determination of an application for approval of premises (including an application for a new approval under section 12J) on or after 9 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Gaming and Tobacco Acts (Amendment) Act 2001 s. 14 Act No. 1 February 2003, whether the application was made before, on or after that day. (2) However, section 12D(1)(ba) does not apply to the determination of an application for a 5 new approval under section 12J in respect of an automatic teller machine that is in premises under a contract entered into before 1 February 2003. (3) Section 12H(1D), as inserted by section 8(1) 10 of the Gaming and Tobacco Acts (Amendment) Act 2001, applies to all approvals (including new approvals under section 12J), whether granted before, on or after 1 February 2003. 15 (4) However, section 12H(1D) does not apply to an approval (or to a new approval under section 12J) so as to prohibit an automatic teller machine in premises for the life of a contract in respect of that machine that was 20 entered into before 1 February 2003.". _______________ 10 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Gaming and Tobacco Acts (Amendment) Act 2001 s. 15 Act No. PART 4--TOBACCO ACT 1987 15. Definitions See: In section 3 of the Tobacco Act 1987-- Act No. 81/1987. (a) insert the following definitions-- Reprint No. 3 as at 5 ' "approved venue" has the same meaning 14 May 1998 as in the Gaming Machine Control and amending Act 1991; Act Nos 46/1998, "casino" has the same meaning as in the 56/1998, 43/2000 (as Casino Control Act 1991; amended by No. 28/2001), 10 "casino operator" has the same meaning as 11/2001 and in the Casino Control Act 1991; 28/2001. LawToday: "gaming machine area in a casino" means www.dms. dpc.vic. a physically discrete area within a gov.au casino which is devoted primarily to 15 the playing of gaming machines; "restricted area" has the same meaning as in the Gaming Machine Control Act 1991; "venue operator" has the same meaning as 20 in the Gaming Machine Control Act 1991;'. (b) for the definition of "occupier" substitute-- ' "occupier"-- (a) in relation to a gaming machine 25 area in a casino, means the casino operator of the casino; 11 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Gaming and Tobacco Acts (Amendment) Act 2001 s. 16 Act No. (b) in relation to a restricted area, means the venue operator of the approved venue in which the restricted area is situated; 5 (c) in relation to any other area or premises, means a person who appears to be of or over 16 years of age and who is, or appears to be, in control of the area or 10 premises;". 16. New sections 5E and 5F inserted After section 5D of the Tobacco Act 1987 insert-- "5E. Gaming machine areas--offence by smoker 15 (1) A person must not smoke in a gaming machine area in a casino or in a restricted area. Penalty: 5 penalty units. (2) If an inspector believes on reasonable 20 grounds that a person is committing or has committed an offence against sub-section (1), the inspector, on producing his or her identity card, may direct the person to cease the contravention. 25 (3) A person who is contravening sub-section (1) must not, without reasonable excuse, fail to comply with a direction by an inspector to cease the contravention. Penalty: 5 penalty units. 12 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Gaming and Tobacco Acts (Amendment) Act 2001 s. 16 Act No. 5F. Gaming machine areas--offence by occupier (1) If smoking occurs in a gaming machine area in a casino or a restricted area, in 5 contravention of section 5E, the occupier of the gaming machine area or restricted area is guilty of an offence. Penalty: 5 penalty units. (2) It is a defence to a prosecution under sub- 10 section (1) if the defendant proves that the defendant did not provide an ashtray, matches, a lighter or any other thing designed to facilitate smoking where the contravention occurred and that-- 15 (a) neither the defendant nor, in the case of a defendant who is a body corporate, any officer or employee of the defendant was aware, or could reasonably be expected to have been 20 aware, that the contravention was occurring; or (b) the defendant or, in the case of a defendant who is a body corporate, an officer or employee of the defendant-- 25 (i) requested the person contravening to stop smoking; and (ii) immediately took steps to remove the person from the gaming machine area or restricted area if 30 the person did not comply with the request.". 13 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Gaming and Tobacco Acts (Amendment) Act 2001 s. 17 18 Act No. 17. New section 15BA inserted After section 15B of the Tobacco Act 1987 insert-- "15BA. Gaming machine areas: no smoking signs 5 (1) A casino operator must cause prescribed no smoking signs to be displayed in such prominent positions at entrances to the gaming machine area in the casino as would reasonably identify the area as a no smoking 10 area for persons entering the area. Penalty: 5 penalty units in the case of a natural person. 10 penalty units in any other case. (2) A venue operator must cause prescribed no 15 smoking signs to be displayed in such prominent positions at entrances to the restricted area in the approved venue as would reasonably identify the area as a no smoking area for persons entering the area. 20 Penalty: 5 penalty units in the case of a natural person. 10 penalty units in any other case.". 18. Infringement notices 25 (1) In section 38 of the Tobacco Act 1987, after sub- section (3) insert-- "(3A) Sub-sections (2) and (3) do not apply to an infringement notice in respect of an infringement referred to in item 3B, 3C or 30 10A of the Schedule (offences against section 5E(1), 5F(1) or 15BA).". (2) In the Schedule to the Tobacco Act 1987-- 14 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Gaming and Tobacco Acts (Amendment) Act 2001 Act No. (a) after item 3A insert-- "3B. An offence against 1 penalty unit section 5E(1) 3C. An offence against 1 penalty unit". section 5F(1) (b) after item 10 insert-- "10A. An offence against 1 penalty unit". section 15BA 15 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
Gaming and Tobacco Acts (Amendment) Act 2001 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 16 541PM6B.I1-28/11/2001 BILL LA CIRCULATION 28/11/2001
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