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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
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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;
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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
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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
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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.
_______________
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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.".
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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".
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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.
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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.
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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
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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.".
_______________
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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;
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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.
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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.".
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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--
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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
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Gaming and Tobacco Acts (Amendment) Act 2001
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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