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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gambling Legislation (Miscellaneous Amendments)
Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--GAMING MACHINE CONTROL ACT 1991 3
3. Nominee 3
4. Approval of premises 3
5. New sections 28A and 28B inserted 4
28A. Notification of certain changes 4
28B. Endorsement of licence and Register 5
6. Cancellation and disqualification 8
7. Duration of licence 9
8. Suspension of licence 9
9. New section 142 substituted 9
142. Change in situation of licensees, associates etc. 9
10. On-going monitoring of associates 10
11. Associates to update information 11
12. False or misleading information 12
13. Time periods 12
14. Menzies at Rialto 12
15. Testers may be listed on the Roll 13
16. Approval of variation of gaming machine types and games 14
17. Approval of electronic monitoring systems 14
18. Licensed technicians 15
19. Authority conferred by a technician's licence 15
20. Roll of Suppliers 15
21. New sections 113, 114 and 115 inserted 17
113. Public hearings 17
114. Authority to give written statement after public hearing
or on request 18
115. Request for statement of reasons for decision 19
22. Consequential amendments 19
23. Secrecy 20
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Clause Page
24. New section 140 inserted 22
140. Memorandum of understanding 23
25. Audit 24
26. New section 169 inserted 25
169. Transitional provisions--appeal etc. periods 25
27. New section 170 inserted 26
170. Savings for Roll under section 62 26
PART 3--GAMING AND BETTING ACT 1994 28
28. Menzies at Rialto 28
29. Reasons for decisions 28
30. Increase in commissions and taxes 28
31. Secrecy 28
32. New section 127A inserted 30
127A. Memorandum of understanding 30
33. Public meetings 32
34. Delegation to Director 32
35. New sections 93A and 93B inserted 32
93A. Authority to give written statement after public meeting
or on request 32
93B. Request for statement of reasons for decision 34
PART 4--CASINO CONTROL ACT 1991 35
36. Meaning of public interest 35
37. Updating of information from associates 35
38. Reasons for decision 36
39. Requirement for information 36
40. Controlled contracts 36
41. New section 28AA inserted 36
28AA. Change in situation of associate 37
42. On-going monitoring of associates 37
43. Time limit for appeal 38
44. Duration of licence 38
45. Cancellation, disqualification and suspension 38
46. Increased penalty 39
47. Powers of removal 39
48. System of controls and procedures 39
49. Public hearings 39
50. New sections 145 and 146 inserted 40
145. Authority to give written statement after public hearing
or on request 40
146. Request for statement of reasons for decision 41
51. Secrecy 42
52. New section 151A inserted 44
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Clause Page
151A. Memorandum of understanding 44
53. False or misleading information 46
54. Transitionals 46
168. Transitionals 46
PART 5--INTERACTIVE GAMING (PLAYER PROTECTION)
ACT 1999 48
55. Reasons for decision 48
56. Carry forward tax loss 48
57. Directions about responsible gambling 49
58. Public hearings 49
59. New sections 67A and 67B inserted 50
67A. Authority to give written statement about certain
decisions or on request 50
67B. Request for statement of reasons for decision 51
60. VCAT 51
61. Secrecy 52
62. New section 69A inserted 53
69A. Memorandum of understanding 54
PART 6--GAMING NO. 2 ACT 1997 56
63. Secrecy 56
64. Public hearings 57
ENDNOTES 59
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541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000
PARLIAMENT OF VICTORIA
Initiated in Assembly 25 October 2000
As amended in Assembly 16 November 2000
A BILL
to make miscellaneous amendments to the Gaming Machine
Control Act 1991, the Gaming and Betting Act 1994, the Casino
Control Act 1991, the Gaming No. 2 Act 1997, and the Interactive
Gaming (Player Protection) Act 1999 and for other purposes.
Gambling Legislation (Miscellaneous
Amendments) Act 2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to make
amendments to the Gaming Machine Control
5 Act 1991, the Gaming and Betting Act 1994, the
Casino Control Act 1991, the Gaming No. 2 Act
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1997, and the Interactive Gaming (Player
Protection) Act 1999 to--
(a) require the Victorian Casino and Gaming
Authority to--
5 (i) hold public hearings on certain matters;
(ii) give reasons for certain decisions;
(b) allow the Victorian Casino and Gaming
Authority to--
(i) divulge certain information;
10 (ii) exchange certain information with other
enforcement and regulatory agencies;
(c) allow for an approval of premises under the
Gaming Machine Control Act 1991 to be
granted before the applicant has obtained any
15 liquor approvals or other requirements of the
Authority.
2. Commencement
(1) Section 1 and this section come into operation on
the day after the day on which this Act receives
20 the Royal Assent.
(2) The remaining provisions of this Act, except
sections 25 and 56, come into operation on a day
or days to be proclaimed.
(3) Section 25 is deemed to have come into operation
25 on 31 August 1998.
(4) Section 56 is deemed to have come into operation
on 8 June 1999.
(5) If a provision referred to in sub-section (2) has not
come into operation before 1 December 2001, it
30 comes into operation on that day.
_______________
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PART 2--GAMING MACHINE CONTROL ACT 1991
3. Nominee
See: In section 3(1) of the Gaming Machine Control
Act No.
Act 1991 insert the following definition--
53/1991
Reprint No. 7
5 ' "nominee" means a natural person approved by
as at
1 July 2000.
the Authority under section 25A;'.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Approval of premises
(1) In section 12A of the Gaming Machine Control
Act 1991 for sub-section (1) substitute--
10 "(1) An approval of premises under this Part does
not come into force unless and until there is
in force in respect of the premises one of the
following licences under the Liquor
Control Reform Act 1998--
15 (a) a general licence under section 8 of the
Liquor Control Reform Act 1998;
(b) a club licence (whether full or
restricted) under section 10 of the
Liquor Control Reform Act 1998;
20 (c) a licence under Part 1 of the Racing
Act 1958.".
(2) In section 12H of the Gaming Machine Control
Act 1991, for sub-section (2) substitute--
"(2) An approval must specify--
25 (a) the number of gaming machines
permitted; and
(b) the gaming machine areas approved for
the premises.
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(2A) An approval may be granted subject to--
(a) a condition that the approval does not
take effect until the Authority has
notified the applicant in writing that the
5 premises have been inspected for the
purposes of section 12D(1)(b) and the
Authority is satisfied that the premises
are suitable for the management and
operation of gaming machines; and
10 (b) any other conditions that the Authority
thinks fit.
(2B) The holder of an approval of premises must
give the Authority written particulars of any
change in the size or layout of the premises,
15 without delay after that change occurs.
(2C) If the Authority is satisfied that the change in
the size or layout of the premises will not
result in the number of gaming machines for
the premises being increased, the Authority
20 may, on the application of the holder of the
approval, vary the approval to incorporate
those changes.".
5. New sections 28A and 28B inserted
After section 28 of the Gaming Machine Control
25 Act 1991 insert--
"28A. Notification of certain changes
(1) A venue operator must give notice in writing
to the Authority if any of the following
occurs--
30 (a) in the case of a venue operator that is
an incorporated association--
(i) the passing of a special resolution
by the incorporated association to
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amalgamate with another
incorporated association;
(ii) the passing of a special resolution
by an incorporated association to
5 convert itself into a company
under the Corporations Law;
(b) in the case of a venue operator that is
an unincorporated body, the passing of
a resolution by the body to authorise
10 the body to become a body corporate;
(c) if the venue operator is one of 2 or
more clubs applying for an
amalgamated club licence under section
67(1) of the Liquor Control Reform
15 Act 1998, the making of that
application.
(2) A person who has made an application under
section 80 or 90 of the Liquor Control
Reform Act 1998 in respect of licensed
20 premises that are an approved venue must
notify the Authority of the application.
(3) The holder of a provisional operator's licence
under section 31, as in force immediately
before the commencement of section 5 of the
25 Gambling Legislation (Miscellaneous
Amendments) Act 2000, must notify the
Authority of the expiry of that provisional
licence at least 45 days before the
provisional licence is due to expire.
30 28B. Endorsement of licence and Register
(1) The Authority may endorse a venue
operator's licence to do one or both of the
following--
(a) to amend the name and address of the
35 venue operator;
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(b) to include premises as an approved
venue.
(2) The Authority may endorse a venue
operator's licence with the change of the
5 name of the venue operator to the name of
any of the persons referred to in sub-section
(3)(a) or a person nominated by a person
referred to in sub-section (3)(a).
(3) The Authority must not endorse a licence
10 under this section unless the Authority is
satisfied that--
(a) the endorsement is made at the request
of, or with the approval of, one of the
following--
15 (i) the licensee;
(ii) a natural person or a managing
committee holding the licence on
behalf of an unincorporated body;
(iii) the legal personal representative
20 of the licensee;
(iv) if the licensee has become a
represented person under the
Guardianship and
Administration Act 1986, the
25 guardian or administrator
appointed in respect of the
licensee;
(v) the official receiver, trustee or
assignee of a licensee who
30 becomes insolvent under
administration;
(vi) a person who is administering a
licensee that is an externally
administered body corporate
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within the meaning of the
Corporations Law;
(vii) a person whose name has been or
will be endorsed on the licence
5 under Part 4 or Part 6 of the
Liquor Control Reform Act
1998 in respect of licensed
premises that are an approved
venue in a licence under this Act;
10 (viii) an incorporated association
formed on the amalgamation of
one or more incorporated
associations, one of which was the
licensee; and
15 (b) any person who, as a result of the
endorsement, will be or become an
associate of the person endorsed on the
licence is at the time of endorsement
approved by the Authority as an
20 associate under this Act or the Casino
Control Act 1991, the Gaming and
Betting Act 1994, the Gaming No. 2
Act 1997 or the Interactive Gaming
(Player Protection) Act 1999;
25 (c) having regard to the purpose of this
Act, the endorsement of the licence
would not be contrary to the public
interest;
(d) the endorsement is necessary to provide
30 for continuity of the licence in
circumstances other than where the
licence has expired by effluxion of
time.
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(4) An endorsement of a licence takes effect on
and from--
(a) the date of the decision of the Authority
to endorse the licence; or
5 (b) any later date--
(i) that is specified by the Authority;
or
(ii) that is the date when all of the
conditions specified by the
10 Authority as a pre-requisite to the
endorsement taking effect have
been satisfied.
(5) A person who is endorsed as the venue
operator under this section is to be taken to
15 be the venue operator on and from the date
the endorsement takes effect.
(6) If a licence is endorsed to include premises
as an approved venue the licence is to be
taken to include those premise as an
20 approved venue on and from the date the
endorsement takes effect.
(7) The Authority may endorse a licence subject
to any conditions imposed by the Authority.
(8) If the Authority endorses a licence under this
25 section, it must make a corresponding
endorsement in any relevant entry in the
Register.".
6. Cancellation and disqualification
In section 51(1) of the Gaming Machine Control
30 Act 1991 in the definition of "disciplinary action"
for paragraph (d) substitute--
"(d) cancellation of the licence;
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(e) cancellation of the licence and
disqualification from obtaining or applying
for a licence or permit under this Act, the
Casino Control Act 1991, the Gaming and
5 Betting Act 1994 or the Gaming No. 2 Act
1997 for a specified period not exceeding 4
years;".
7. Duration of licence
In section 49(c) of the Gaming Machine Control
10 Act 1991 for "3" substitute "10".
8. Suspension of licence
(1) In section 52 of the Gaming Machine Control
Act 1991, after "charged with" insert ", found
guilty of or convicted of".
15 (2) In section 53(2) of the Gaming Machine Control
Act 1991, after "a licence" insert "whether the
licence was suspended by the Authority or the
Director".
9. New section 142 substituted
20 For section 142 of the Gaming Machine Control
Act 1991 substitute--
"142. Change in situation of licensees, associates
etc.
Whenever a change of a kind specified by
25 the Director in writing given to a person who
is--
(a) the holder of a licence under this Act;
(b) an associate or nominee of a licence
holder under this Act;
30 (c) a company declared under section 3A
to be an operator in relation to a
gaming operator's licence under Part 3;
(d) a person listed on the Roll;
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(e) an associate of a person listed on the
Roll--
takes place in the situation existing in
relation to that person, the person must
5 notify the Director in writing of the change
within 14 days after it takes place.
Penalty: 50 penalty units.".
10. On-going monitoring of associates
(1) In section 142A(1), (2) and (3) of the Gaming
10 Machine Control Act 1991 for "manufacturer or
supplier listed on the Roll" substitute "person
listed on the Roll".
(2) In section 142A(2)(a) of the Gaming Machine
Control Act 1991 for "manufacturer or supplier "
15 substitute "person listed on the Roll".
(3) For section 142A(5) of the Gaming Machine
Control Act 1991 substitute--
"(4A) If the Authority determines that an associate
of a venue operator, a gaming operator or a
20 person listed on the Roll has engaged or is
engaging in conduct that, in the Authority's
opinion, is unacceptable for a person who is
concerned in or associated with the
ownership, management or operation of the
25 business of the venue operator, gaming
operator or person listed on the Roll, the
Authority may--
(a) issue a written warning to the associate
that the conduct is unacceptable; or
30 (b) give written notice to the associate
requiring the associate to give a written
undertaking to the Authority, within the
period specified in the notice, regarding
the future conduct of the associate.
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(4B) If the associate fails to give an undertaking
required under sub-section (4A)(b) or
breaches an undertaking given under that
provision, the Authority may give the
5 associate written notice requiring the
associate to terminate, within 14 days or a
longer period agreed with the Authority, the
association with the venue operator, gaming
operator or person listed on the Roll.
10 (5) If the association is not terminated within
14 days from the date of the notice referred
to in sub-section (3) or (4B) or any longer
period agreed with the Authority, the
Authority may, by notice in writing, direct
15 the venue operator, gaming operator or
person listed on the Roll to take all
reasonable steps to terminate the association
and the venue operator, gaming operator or
person listed on the Roll must comply with
20 the direction within 14 days or any longer
period agreed with the Authority.".
11. Associates to update information
(1) After section 24(1) of the Gaming Machine
Control Act 1991 insert--
25 "(1A) If--
(a) the Authority requires information
(including information in any records)
from a person referred to in section 23
whose association with the applicant is
30 in the opinion of the Authority relevant
to the application; and
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(b) a change occurs in that information
before the application is granted or
refused--
that person must forthwith give the Authority
5 written particulars of the change.
Penalty: 50 penalty units.".
(2) In section 24(2) of the Gaming Machine Control
Act 1991 after "sub-section (1)" insert "or (1A)".
12. False or misleading information
10 In section 145(1) of the Gaming Machine
Control Act 1991 after paragraph (d) insert--
"; or
(e) if the person is an associate or a nominee--
(i) in the course of the Authority's
15 consideration of the person's suitability
to be an associate or a nominee; or
(ii) during the period of that associate's
association or that nominee's
nomination".
20 13. Time periods
In the Gaming Machine Control Act 1991--
(a) in sections 45(6), 51(3) and 64(1) for
"14 days" substitute "28 days";
(b) in sections 19(5) and 63(7) for "14 days"
25 (where second occurring) substitute
"28 days".
14. Menzies at Rialto
In the Gaming Machine Control Act 1991--
(a) in section 3(1) in the definition of "tabaret
30 premises", paragraph (a) is repealed;
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(b) in section 19A omit "Except as expressly
provided by this Act in relation to tabaret
premises at Menzies at Rialto,".
15. Testers may be listed on the Roll
5 (1) The Gaming Machine Control Act 1991 is
amended as follows--
(a) in section 3(1) for the definition of "Roll"
substitute--
' "Roll" means the Roll of Suppliers
10 established under section 62;';
(b) in section 17 after paragraph (c) insert--
"; and
(d) to enter into arrangements with
manufacturers or suppliers of gaming
15 equipment or games or gaming
operators to test gaming equipment or
games for the purposes of the issue of
certificates referred to in section 69 or
75B.";
20 (c) in section 66(1) after paragraph (c) insert--
"(ca) that the person listed on the Roll has
breached a condition to which that
person's listing is subject;";
(d) in section 66(1) after paragraph (e) insert--
25 "(ea) that any testing of gaming equipment or
games by the person listed on the Roll
is unsatisfactory;".
(2) After section 63(1) of the Gaming Machine
Control Act 1991 insert--
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"(1A) A person who supplies or intends to supply
testing services to gaming operators or
manufacturers or suppliers may apply to the
Authority to be listed on the Roll.".
5 16. Approval of variation of gaming machine types and
games
(1) After section 69(5) of the Gaming Machine
Control Act 1991 insert--
"(5AA) The Authority, in approving a gaming
10 machine type or a game, or in approving a
variation to a gaming machine type or a
game, may take into account the certificate
of a person listed on the Roll who is
accredited by the Authority to test gaming
15 equipment or games.".
(2) After section 69(3) of the Gaming Machine
Control Act 1991 insert--
"(3A) The Authority may approve a machine type
or game or a variation of a machine type or
20 game subject to any conditions that it thinks
fit.".
17. Approval of electronic monitoring systems
In section 75B of the Gaming Machine Control
Act 1991 after sub-section (4) insert--
25 "(5) The Authority, in approving an electronic
monitoring system or in approving a
variation to an electronic monitoring system,
may take into account the certificate of a
person listed on the Roll who is accredited
30 by the Authority to test gaming equipment or
games.
(6) The Authority may make an approval to use,
or a variation of an approval to use, an
electronic monitoring system subject to any
35 conditions that it thinks fit.".
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18. Licensed technicians
The Gaming Machine Control Act 1991 is
amended as follows--
(a) in section 57 for the definition of
5 "technician" substitute--
' "technician" means a person who--
(a) services, maintains or repairs
gaming equipment; or
(b) tests gaming equipment or games
10 for the purposes of the issue of
certificates referred to in section
69 or 75B; or
(c) performs other prescribed
duties;";
15 (b) in section 60(1) after "equipment" insert "or
test gaming equipment or games for the
purposes of the issue of certificates referred
to in section 69 or 75B";
(c) in section 60(2) after "equipment" insert "or
20 to test gaming equipment or games for the
purposes of the issue of certificates referred
to in section 69 or 75B".
19. Authority conferred by a technician's licence
In section 16 of the Gaming Machine Control
25 Act 1991 after "equipment" insert ", to test
gaming equipment or games for the purposes of
the issue of certificates referred to in section 69 or
75B".
20. Roll of Suppliers
30 The Gaming Machine Control Act 1991 is
amended as follows--
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(a) in section 14(1)(a) for "manufacturers and
suppliers listed on the Roll" substitute "a
person listed on the Roll";
(b) for the heading to Division 6 of Part 3
5 substitute--
"Division 6--Roll of Suppliers";
(c) in section 62 for "Roll of Recognised
Manufacturers and Suppliers of Gaming
Machines and Restricted Components"
10 substitute "Roll of Suppliers";
(d) in section 67(1) and (2) for "manufacturer or
supplier of gaming equipment" substitute
"person listed on the Roll";
(e) in section 67(1) and (2) for "of such a
15 manufacturer or supplier" substitute "of
such a person";
(f) in section 126(1)(d) for "the manufacturer or
supplier listed on the Roll" substitute "the
person listed on the Roll";
20 (g) in section 127(1)(b) for ", licensed technician
or manufacturer or supplier listed on the
Roll" substitute "or person listed on the
Roll";
(h) in section 128(2) for "a manufacturer or
25 supplier listed on the Roll" substitute "a
person listed on the Roll";
(i) in sections 142A(1), (2) and (3) and
143(2)(c) for "manufacturer or supplier"
(wherever occurring) substitute "person";
30 (j) in section 156(1)(c) for "Roll of Recognised
Manufacturers and Suppliers of Gaming
Machines and Restricted Components"
substitute "Roll of Suppliers";
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(k) in section 159(1)(b) and (e) for
"manufacturer and suppliers" substitute
"persons".
21. New sections 113, 114 and 115 inserted
5 After section 112 of the Gaming Machine
Control Act 1991 insert--
"113. Public hearings
(1) The Authority may hold its meetings and
inquiries for the purposes of this Act in
10 public or private.
(2) An inquiry or meeting for the purposes of
making a finding or a determination relating
to the following matters must be conducted
in public unless the Authority determines
15 that there are special circumstances requiring
that the inquiry or meeting or part of the
inquiry or meeting should be held in
private--
(a) an application for approval of premises
20 for gaming;
(b) an application for a venue operator's
licence;
(c) a proposed amendment to a venue
operator's licence to--
25 (i) vary the days or dates on which
24 hour gaming is permitted;
(ii) add a new condition to specify
days or dates on which 24 hour
gaming is permitted;
30 (iii) increase the number of gaming
machines permitted in an
approved venue;
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(d) approval of gaming machine types and
games under section 69;
(e) withdrawal of approval of gaming
machine types and games under section
5 70;
(f) approval to install a linked jackpot
arrangement referred to in section 71;
(g) the making of rules under section 78.
(3) The Authority may direct that an inquiry or
10 meeting or part of an inquiry or meeting be
held in private if it considers--
(a) it necessary to do so to prevent the
unreasonable divulgence of information
relating to the personal affairs of any
15 person including a deceased person; or
(b) it is otherwise in the interests of justice
or the public interest to do so.
114. Authority to give written statement after
public hearing or on request
20 (1) The Authority must give a written statement
of its decision and the reasons for a decision
made in relation to any matter required by
section 113(2) to held in public within
14 days after the decision.
25 (2) The Authority must give a written statement
of reasons for a decision to a person who
requested it in accordance with section 115
within 28 days after receiving the request.
(3) A statement under this section must set
30 out--
(a) the reasons for the decision; and
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(b) the findings on material questions of
fact that led to the decision, referring to
the evidence or other material on which
those findings were based.
5 (4) A statement need not be given to a person
under sub-section (2) if the Authority has
already given a written statement containing
the matters referred to in sub-section (3) to
the person (whether as part of the decision or
10 separately).
(5) A statement of reasons to be given to a
person referred to in sub-section (2) who was
not an applicant or an associate or nominee
of an applicant must not include any
15 information or matter about a person who
was, or was referred to in an application as,
an associate or nominee except as to the
actual decision.
(6) If a statement of reasons would be false or
20 misleading if it did not include information
or matter referred to in sub-section (5), the
Authority must inform the person who
requested the statement of that fact and must
not give the statement to the person.
25 115. Request for statement of reasons for
decision
(1) A person whose interests are affected by a
decision of the Authority may request the
Authority to give the person a written
30 statement of reasons for the decision.
(2) A request under sub-section (1) must be
made in writing within 28 days after the day
on which the decision was made.".
22. Consequential amendments
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Act No.
(1) Sections 12H(4), 25(4) and 27(4B) of the Gaming
Machine Control Act 1991 are repealed.
(2) After section 107A(2A) of the Gaming Machine
Control Act 1991 insert--
5 "(2B) Despite sub-section (1), the Authority may,
by instrument under its official seal, delegate
to one or more members of the Authority or
the Director any power or function of the
Authority under section 28A or 28B.".
10 23. Secrecy
(1) In section 139(1) of the Gaming Machine
Control Act 1991 after "those powers" insert "or
from an enforcement agency in accordance with a
memorandum of understanding under section
15 140".
(2) In section 139(3) of the Gaming Machine
Control Act 1991 after paragraph (c) insert--
"; or
(d) divulge information to an enforcement
20 agency in accordance with a memorandum
of understanding under section 140; or
(e) divulge any information that was considered
at a meeting or part of a meeting of the
Authority that was held in public or any
25 information that was considered at an inquiry
or part of an inquiry of the Authority that
was held in public; or
(f) divulge any of the following information--
(i) the name of an applicant for a licence
30 under this Act (except a special
employee's licence or a technician's
licence), the date of the licence
application, the date and result of the
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Authority's determination of the
application;
(ii) the name of an applicant for listing on
the Roll kept under section 62, the date
5 of the application, the date and result of
the Authority's determination of the
application and any information listed
on the Roll;
(iii) the name of the holder of any licence
10 under this Act and the expiry date of
the licence;
(iv) the name of an associate of the holder
of a licence or of a person listed on the
Roll;
15 (v) particulars of an application by a venue
operator to add or change any condition
of the venue operator's licence;
(vi) particulars of disciplinary action taken
against a licensee or action taken by the
20 Authority in relation to an associate
under section 142A(3), (4A), (4B) or
(5);
(vii) the name of a person who has applied
for or otherwise made a written request
25 to the Authority to consider a matter
referred to in section 113(2), the date of
the application or request, the date the
Authority determined the application or
request and details of the Authority's
30 determination;
(viii) details of any matter that is in the
public domain for any reason including
a requirement under this Act to record
the information on the Register or Roll
35 or to publish the information or because
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24
Act No.
the matter was considered at a meeting
or inquiry or part of a meeting or
inquiry of the Authority that was held
in public;
5 (ix) any other matter that, in the opinion of
the Authority--
(A) would not constitute an
unreasonable divulgence of
information relating to the affairs
10 of a person; or
(B) would otherwise be in the public
interest to divulge.".
(3) In section 139(4A) of the Gaming Machine
Control Act 1991 after "section" insert "(except
15 sub-section (4B))".
(4) After section 139(4A) of the Gaming Machine
Control Act 1991 insert--
"(4B) Despite sub-section (4A), statistical
information about gambling expenditure in
20 relation to gaming venues must be
aggregated--
(a) to give the total gambling expenditure
for all approved venues in a municipal
district; and
25 (b) if a municipal district has less than 3
approved gaming venues, to give the
total gambling expenditure for all
approved venues in the municipal
district together with an adjoining
30 municipal district or districts so that the
statistical information indicates
gambling expenditure for at least 3
approved venues.".
24. New section 140 inserted
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Act No.
After section 139 of the Gaming Machine
Control Act 1991 insert--
'140. Memorandum of understanding
(1) The Authority and an enforcement agency
5 may enter a memorandum of understanding
that provides for--
(a) the divulgence to the enforcement
agency of information with respect to
the affairs of a person acquired by the
10 Authority in the performance of
functions under this Act; and
(b) the divulgence to the Authority of
information with respect to the affairs
of a person acquired by the
15 enforcement agency.
(2) A memorandum of understanding must--
(a) specify the kind of information to be
divulged and the purposes for which it
may be used; and
20 (b) contain an undertaking that each party
to the memorandum--
(i) will use information divulged to it
only for the purposes specified in
the memorandum; and
25 (ii) consents to the taking of
injunctive action to restrain the
unauthorised use of the
information; and
(c) contain a provision that applies the law
30 of Victoria to the divulgence of
information to the enforcement agency
under the memorandum and an
acknowledgment that the parties submit
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to the non-exclusive jurisdiction of the
courts of Victoria.
(3) The Authority may enter a memorandum of
understanding with an enforcement agency
5 only if the Authority is satisfied that the
enforcement agency is capable of entering,
and is authorised to enter, the memorandum
of understanding as a legally-binding
agreement.
10 (4) In this section--
"enforcement agency" means a person or
body in Victoria or another jurisdiction
(whether in or outside Australia)--
(a) that is responsible for, or engages
15 in--
(i) the administration of a law
with respect to gaming or
gambling; or
(ii) law enforcement generally;
20 or
(b) that is approved by the Minister
under sub-section (5).
(5) For the purposes of sub-section (4), the
Minister may, by written notice given to the
25 Authority, approve a person or body that is
responsible for, or engages in, the
administration of a licensing or other
regulatory scheme that requires licensees or
other persons regulated to be suitable, or fit
30 and proper, persons.'.
25. Audit
In section 134(7) of the Gaming Machine
Control Act 1991 after "such a licence" insert
", or of an operator under the gaming licence".
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26. New section 169 inserted
After section 168 of the Gaming Machine
Control Act 1991 insert--
"169. Transitional provisions--appeal etc.
5 periods
(1) If, immediately before the amendment of
section 19 by the Gambling Legislation
(Miscellaneous Amendments) Act 2000, a
person was entitled to object to the grant of a
10 licence under section 19, that person may
object to the grant of a licence under section
19 in accordance with that section as
amended by that Act.
(2) If, immediately before the amendment of
15 section 45 by the Gambling Legislation
(Miscellaneous Amendments) Act 2000, an
applicant was entitled to appeal against a
decision of the Director under section 45, the
applicant may appeal against that decision
20 under section 45 in accordance with that
section as amended by that Act.
(3) If, immediately before the amendment of
section 51 by the Gambling Legislation
(Miscellaneous Amendments) Act 2000, a
25 licensee was entitled to make submissions
under section 51, that licensee may make
those submissions in accordance with that
section as amended by that Act.
(4) If, immediately before the amendment of
30 section 63(7) or 64(1) by the Gambling
Legislation (Miscellaneous Amendments)
Act 2000, any person was entitled to object
to the grant of an application under section
63 or 64, that person may object to the grant
35 of such an application in accordance with
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section 63(7) or 64(1), as the case requires,
as amended by that Act.
(5) The Authority may exercise the powers of
cancellation and disqualification under
5 section 51(1)(e) (as amended by section 6 of
the Gambling Legislation (Miscellaneous
Amendments) Act 2000), in the course of
considering a decision to take disciplinary
action under section 51 even though the
10 consideration had begun before the
commencement of section 6 of the
Gambling Legislation (Miscellaneous
Amendments) Act 2000 if the decision to
take disciplinary action had not been made
15 before the commencement of section 6 of
that Act.".
27. New section 170 inserted
After section 169 of the Gaming Machine
Control Act 1991 insert--
20 "170. Savings for Roll under section 62
Despite the amendments to section 62 of this
Act made by section 15 of the Gambling
Legislation (Miscellaneous Amendments)
Act 2000--
25 (a) a person who was, immediately before
the date of commencement of
section 15 of the Gambling
Legislation (Miscellaneous
Amendments) Act 2000, listed on the
30 Roll under section 62 continues to be
listed on that Roll; and
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(b) the Roll is deemed to be the same Roll
except for the change of the name of
the Roll after as before the
commencement of section 15 of the
5 Gambling Legislation (Miscellaneous
Amendments) Act 2000.".
_______________
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PART 3--GAMING AND BETTING ACT 1994
28. Menzies at Rialto
See:
Sections 11(2)(f), 223 and 225(c) of the Gaming Act No.
and Betting Act 1994 are repealed. 37/1994
Reprint No. 2
as at
10 February
2000
and
amending
Act No.
6/2000
LawToday:
www.dms.
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5 29. Reasons for decisions
Sections 19(2) and 42(3) of the Gaming and
Betting Act 1994 are repealed.
30. Increase in commissions and taxes
In sections 44(1), 73(1) and 76 of the Gaming
10 and Betting Act 1994 for "20%" substitute
"25%".
31. Secrecy
(1) In section 127(1) of the Gaming and Betting Act
1994 after "those powers" insert "or from an
15 enforcement agency in accordance with a
memorandum of understanding under section
127A".
(2) In section 127(3) of the Gaming and Betting Act
1994 after paragraph (c) insert--
20 "; or
(d) divulge information to an enforcement
agency in accordance with a memorandum
of understanding under section 127A; or
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(e) divulge any information that was considered
at a meeting or part of a meeting of the
Authority that was held in public; or
(f) divulge any of the following information--
5 (i) the name of an applicant for a licence
or approval as an operator in relation to
a licence or for a permit under this Act
the date of the application, the date and
result of the Authority's determination
10 of the application;
(ii) the name of any licensee or operator or
permit holder under this Act and the
expiry date of the licence or permit;
(iii) the name of an associate of the holder
15 of any licensee, operator or permit
holder under this Act;
(iv) particulars of any amendment to the
conditions of a licence or permit under
this Act;
20 (v) particulars of disciplinary action taken
against a person under this Act;
(vi) details of any matter that is in the
public domain for any reason including
a requirement under this Act to publish
25 the information or because the matter
was considered at a meeting or inquiry
or part of a meeting or inquiry of the
Authority that was held in public;
(vii) any other matter that, in the opinion of
30 the Authority--
(A) would not constitute an
unreasonable divulgence of
information relating to the affairs
of a person; or
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(B) would otherwise be in the public
interest to divulge.".
32. New section 127A inserted
After section 127 of the Gaming and Betting
5 Act 1994 insert--
'127A. Memorandum of understanding
(1) The Authority and an enforcement agency
may enter a memorandum of understanding
that provides for--
10 (a) the divulgence to the enforcement
agency of information with respect to
the affairs of a person acquired by the
Authority in the performance of
functions under this Act; and
15 (b) the divulgence to the Authority of
information with respect to the affairs
of a person acquired by the
enforcement agency.
(2) A memorandum of understanding must--
20 (a) specify the kind of information to be
divulged and the purposes for which it
may be used; and
(b) contain an undertaking that each party
to the memorandum--
25 (i) will use information divulged to it
only for the purposes specified in
the memorandum; and
(ii) consents to the taking of
injunctive action to restrain the
30 unauthorised use of the
information; and
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(c) contain a provision that applies the law
of Victoria to the divulgence of
information to the enforcement agency
under the memorandum and an
5 acknowledgment that the parties submit
to the non-exclusive jurisdiction of the
courts of Victoria.
(3) The Authority may enter a memorandum of
understanding with an enforcement agency
10 only if the Authority is satisfied that the
enforcement agency is capable of entering,
and is authorised to enter, the memorandum
of understanding as a legally-binding
agreement.
15 (4) In this section--
"enforcement agency" means a person or
body in Victoria or another jurisdiction
(whether in or outside Australia)--
(a) that is responsible for, or engages
20 in--
(i) the administration of a law
with respect to gaming or
gambling; or
(ii) law enforcement generally;
25 or
(b) that is approved by the Minister
under sub-section (5).
(5) For the purposes of sub-section (4), the
Minister may, by written notice given to the
30 Authority, approve a person or body that is
responsible for, or engages in, the
administration of a licensing or other
regulatory scheme that requires licensees or
other persons regulated to be suitable, or fit
35 and proper, persons.'.
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33. Public meetings
After section 92(5) of the Gaming and Betting
Act 1994 insert--
"(6) A meeting for the purposes of making a
5 finding or a determination relating to an
application under this Act may be conducted
in public unless the Authority determines
that there are special circumstances requiring
that the meeting or part of the meeting
10 should be held in private.
(7) The Authority may direct that a meeting or
part of a meeting be held in private if it
considers--
(a) it necessary to do so to prevent the
15 unreasonable divulgence of information
relating to the personal affairs of any
person including a deceased person; or
(b) it is otherwise in the interests of justice
or the public interest to do so.".
20 34. Delegation to Director
At the end of section 92A of the Gaming and
Betting Act 1994 insert--
"(2) The Authority may, by instrument in writing,
delegate to the Director its powers and
25 functions under section 127A.".
35. New sections 93A and 93B inserted
After section 93 of the Gaming and Betting Act
1994 insert--
"93A. Authority to give written statement after
30 public meeting or on request
(1) The Authority must publish a written
statement of its decision and the reasons for
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a decision made in relation to a meeting held
in public within 14 days after the decision.
(2) The Authority must give a written statement
of reasons for a decision to a person who
5 requested it in accordance with section 93B
within 28 days after receiving the request.
(3) A statement under this section must set
out--
(a) the reasons for the decision; and
10 (b) the findings on material questions of
fact that led to the decision, referring to
the evidence or other material on which
those findings were based.
(4) A statement need not be given to a person
15 under sub-section (2) if the Authority has
already given a written statement containing
the matters referred to in sub-section (3) to
the person (whether as part of the decision or
separately).
20 (5) A statement of reasons to be given to a
person referred to in sub-section (2) who was
not an applicant or an associate of an
applicant must not include any information
or matter about a person who was, or was
25 referred to in an application as, an associate
except as to the actual decision.
(6) If a statement of reasons would be false or
misleading if it did not include information
or matter referred to in sub-section (5), the
30 Authority must inform the person who
requested the statement of that fact and must
not give the statement to the person.
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93B. Request for statement of reasons for
decision
(1) A person whose interests are affected by a
decision of the Authority may request the
5 Authority to give the person a written
statement of reasons for the decision.
(2) A request under sub-section (1) must be
made in writing within 28 days after the day
on which the decision was made.".
10 _______________
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PART 4--CASINO CONTROL ACT 1991
See: 36. Meaning of public interest
Act No.
47/1991
In section 3(1) of the Casino Control Act 1991,
Reprint No. 4
in the definition of "public interest" or "interest of
as at
1 January
5 the public", after "interest of the public" insert
2000
"(except in sections 143 and 151)".
and
amending
Act Nos
41/1999,
16/2000 and
24/2000.
LawToday:
www.dms.
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37. Updating of information from associates
(1) After section 12(1) of the Casino Control Act
1991 insert--
10 "(1A) If--
(a) the Authority requires information
(including information in any records)
from a person referred to in section 11
whose association with the applicant is
15 in the opinion of the Authority relevant
to the application; and
(b) a change occurs in that information
before the application is granted or
refused--
20 that person must forthwith give the Authority
written particulars of the change.
Penalty: 50 penalty units.".
(2) In section 12(2) of Casino Control Act 1991 after
"sub-section (1)" insert "or (1A)".
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38. Reasons for decision
Section 13(4) of the Casino Control Act 1991 is
repealed.
39. Requirement for information
5 In section 26(1) of the Casino Control Act
1991--
(a) after "casino operator" insert " or a person
who was a casino operator";
(b) for "is directly" substitute "is or was
10 directly".
40. Controlled contracts
(1) After section 29(1A) of the Casino Control Act
1991 insert--
"(1B) The Authority may, by notice in writing
15 given to the casino operator, exempt the
casino operator from any of the requirements
or provisions of this Division (except section
35) that are specified in the notice in relation
to contracts if the Authority is satisfied that
20 the system of internal controls and
administrative and accounting procedures
approved by the Authority under section 121
in relation to the casino operator adequately
provide for compliance with this Division.
25 (1C) The notice may specify that it applies to
contracts generally or to the classes of
contracts specified in the notice.".
41. New section 28AA inserted
After section 28 of the Casino Control Act 1991
30 insert--
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s. 42
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"28AA. Change in situation of associate
Whenever a change of a kind specified by
the Director in writing given to an associate
of a casino operator takes place in the
5 situation existing in relation to the associate
of the casino operator, the associate must
notify the Director in writing of the change
within 14 days after it takes place.
Penalty: 20 penalty units.".
10 42. On-going monitoring of associates
For section 28A(5) of Casino Control Act 1991
substitute--
"(4A) If the Authority determines that an associate
of a casino operator has engaged or is
15 engaging in conduct that, in the Authority's
opinion, is unacceptable for a person who is
concerned in or associated with the
ownership, management or operation of the
business of the casino operator, the
20 Authority may--
(a) issue a written warning to the associate
that the conduct is unacceptable; or
(b) give written notice to the associate
requiring the associate to give a written
25 undertaking to the Authority, within the
period specified in the notice, regarding
the future conduct of the associate.
(4B) If the associate fails to give an undertaking
required under sub-section (4A)(b) or
30 breaches an undertaking given under that
provision, the Authority may give the
associate written notice requiring the
associate to terminate, within 14 days or a
longer period agreed with the Authority, the
35 association with the casino operator.
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(5) If the association is not terminated within
14 days from the date of the notice referred
to in sub-section (3) or (4B) or any longer
period agreed with the Authority, the
5 Authority may, by notice in writing, direct
the casino operator to take all reasonable
steps to terminate the association and the
casino operator must comply with the
direction within 14 days or any longer period
10 agreed with the Authority.".
43. Time limit for appeal
In section 43(3) of the Casino Control Act 1991
for "14" substitute "28".
44. Duration of licence
15 In section 48(c) of the Casino Control Act 1991
for "3" substitute "10".
45. Cancellation, disqualification and suspension
(1) In section 52(1) of the Casino Control Act 1991
in the definition of "disciplinary action" for
20 paragraph (d) substitute--
"(d) cancellation of the licence;
(e) cancellation of the licence and
disqualification from obtaining or applying
for a licence or permit under this Act, the
25 Gaming Machine Control Act 1991, the
Gaming and Betting Act 1994 or the
Gaming No. 2 Act 1997 for a specified
period not exceeding 4 years;".
(2) In section 53 of the Casino Control Act 1991,
30 after "charged with" insert ", found guilty of or
convicted of".
(3) In section 54(2) of the Casino Control Act 1991,
after "a licence" insert "whether the licence was
suspended by the Authority or the Director".
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46. Increased penalty
In the penalty at the foot of section 57 of the
Casino Control Act 1991 for "20 penalty units"
substitute "50 penalty units".
5 47. Powers of removal
In section 81 of the Casino Control Act 1991--
(a) sub-section (1) is repealed;
(b) in sub-section (2) for "Any other person"
substitute "A person".
10 48. System of controls and procedures
In section 122(1) of the Casino Control Act
1991--
(a) in paragraph (s) omit "and";
(b) after paragraph (t) insert--
15 "(u) procedures and standards for assessing
the suitability of suppliers of goods or
services to the casino and the casino
operator which may vary according to
the nature of the goods or services or
20 the nature of the suppliers of goods or
services;
(v) procedures for maintaining records of
the suppliers of goods and services.".
49. Public hearings
25 After section 143(3) of the Casino Control Act
1991 insert--
"(4) An inquiry or meeting for the purposes of
making a finding or a determination relating
to the following matters must be conducted
30 in public unless the Authority determines
that there are special circumstances requiring
that the inquiry or meeting or part of the
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inquiry or meeting should be held in
private--
(a) the grant of a casino licence under
section 13;
5 (b) the amendment of the conditions of a
casino licence under section 16;
(c) the definition or redefinition of
boundaries of a casino under section
17;
10 (d) the giving or varying of a direction
about the days and times of operation
of a casino under section 65.
(5) The Authority may direct that an inquiry or
meeting or part of an inquiry or meeting be
15 held in private if it considers--
(a) it necessary to do so to prevent the
unreasonable divulgence of information
relating to the personal affairs of any
person including a deceased person; or
20 (b) it is otherwise in the interests of justice
or the public interest to do so.".
50. New sections 145 and 146 inserted
After section 144 of the Casino Control Act 1991
insert--
25 "145. Authority to give written statement after
public hearing or on request
(1) The Authority must publish a written
statement of its decision and the reasons for
a decision made in relation to a matter
30 required to be held in public by section
143(3) within 14 days after the decision.
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(2) The Authority must give a written statement
of reasons for a decision to a person who
requested it in accordance with section 145
within 28 days after receiving the request.
5 (3) A statement under this section must set
out--
(a) the reasons for the decision; and
(b) the findings on material questions of
fact that led to the decision, referring to
10 the evidence or other material on which
those findings were based.
(4) A statement need not be given to a person
under sub-section (2) if the Authority has
already given a written statement containing
15 the matters referred to in sub-section (3) to
the person (whether as part of the decision or
separately).
(5) A statement of reasons to be given to a
person referred to in sub-section (2) who was
20 not an applicant or an associate or nominee
of an applicant must not include any
information or matter about a person who
was, or was referred to in an application as,
an associate or nominee except as to the
25 actual decision.
(6) If a statement of reasons would be false or
misleading if it did not include information
or matter referred to in sub-section (5), the
Authority must inform the person who
30 requested the statement of that fact and must
not give the statement to the person.
146. Request for statement of reasons for
decision
(1) A person whose interests are affected by a
35 decision of the Authority may request the
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Gambling Legislation (Miscellaneous Amendments) Act 2000
s. 51
Act No.
Authority to give the person a written
statement of reasons for the decision.
(2) A request under sub-section (1) must be
made in writing within 28 days after the day
5 on which the decision was made.".
51. Secrecy
(1) In section 151(1) of the Casino Control Act 1991
after "those powers" insert "or from an
enforcement agency in accordance with a
10 memorandum of understanding under section
151A".
(2) In section 151(3) of the Casino Control Act 1991
after paragraph (c) insert--
"; or
15 (d) divulge information to an enforcement
agency in accordance with a memorandum
of understanding under section 151A; or
(e) divulge any information that was considered
at a meeting or part of a meeting of the
20 Authority that was held in public or any
information that was considered at an inquiry
or part of an inquiry of the Authority that
was held in public; or
(f) divulge any of the following information--
25 (i) the name of an applicant for a licence
under this Act (except a special
employee's licence), the date of the
licence application, the date and result
of the Authority's determination of the
30 application;
(ii) the name of the holder of a licence
(including a special employee's licence)
and the expiry date of the licence;
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Gambling Legislation (Miscellaneous Amendments) Act 2000
s. 51
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(iii) the name of an associate of a casino
operator who has been approved by the
Authority;
(iv) particulars of disciplinary action taken
5 against the holder of a licence
(including a special employee's licence)
or action taken by the Authority in
relation to an associate of a casino
operator under section 28A(3), (4A),
10 (4B) or (5);
(v) particulars of an amendment to the
conditions of a casino licence;
(vi) the name of a person who has applied
for or otherwise made a written request
15 to the Authority to consider a matter
referred to in section 143(3), the date of
the application or request, the date the
Authority determined the application or
request and details of the Authority's
20 determination;
(vii) details of any matter that is in the
public domain for any reason including
a requirement under this Act to publish
the information or because the matter
25 was considered at a meeting or inquiry
or part of a meeting or inquiry of the
Authority that was held in public;
(viii) any other matter that, in the opinion of
the Authority--
30 (A) would not constitute an
unreasonable divulgence of
information relating to the affairs
of a person; or
(B) would otherwise be in the public
35 interest to divulge.".
43
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Gambling Legislation (Miscellaneous Amendments) Act 2000
s. 52
Act No.
52. New section 151A inserted
After section 151 of the Casino Control Act 1991
insert--
'151A. Memorandum of understanding
5 (1) The Authority and an enforcement agency
may enter a memorandum of understanding
that provides for--
(a) the divulgence to the enforcement
agency of information with respect to
10 the affairs of a person acquired by the
Authority in the performance of
functions under this Act; and
(b) the divulgence to the Authority of
information with respect to the affairs
15 of a person acquired by the
enforcement agency.
(2) A memorandum of understanding must--
(a) specify the kind of information to be
divulged and the purposes for which it
20 may be used; and
(b) contain an undertaking that each party
to the memorandum--
(i) will use information divulged to it
only for the purposes specified in
25 the memorandum; and
(ii) consents to the taking of
injunctive action to restrain the
unauthorised use of the
information; and
30 (c) contain a provision that applies the law
of Victoria to the divulgence of
information to the enforcement agency
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s. 52
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under the memorandum and an
acknowledgment that the parties submit
to the non-exclusive jurisdiction of the
courts of Victoria.
5 (3) The Authority may enter a memorandum of
understanding with an enforcement agency
only if the Authority is satisfied that the
enforcement agency is capable of entering,
and is authorised to enter, the memorandum
10 of understanding as a legally-binding
agreement.
(4) In this section--
"enforcement agency" means a person or
body in Victoria or another jurisdiction
15 (whether in or outside Australia)--
(a) that is responsible for, or engages
in--
(i) the administration of a law
with respect to gaming or
20 gambling; or
(ii) law enforcement generally;
or
(b) that is approved by the Minister
under sub-section (5).
25 (5) For the purposes of sub-section (4), the
Minister may, by written notice given to the
Authority, approve a person or body that is
responsible for, or engages in, the
administration of a licensing or other
30 regulatory scheme that requires licensees or
other persons regulated to be suitable, or fit
and proper, persons.'.
45
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s. 53
Act No.
53. False or misleading information
In section 159(1) of the Casino Control Act
1991, after paragraph (d) insert--
"; or
5 (e) if the person is an associate--
(i) in the course of the Authority's
consideration of the person's suitability
to be an associate; or
(ii) during the period of that associate's
10 association".
54. Transitionals
After section 167 of the Casino Control Act 1991
insert--
"168. Transitionals
15 (1) If, immediately before the amendment of
section 44(3) by the Gambling Legislation
(Miscellaneous Amendments) Act 2000, an
applicant was entitled to appeal against a
decision of the Director under section 44, the
20 applicant may appeal against that decision
under section 44 in accordance with that
section as amended by that Act.
(2) The Authority may exercise the powers of
cancellation and disqualification under
25 section 52(1)(e) (as amended by section 45
of the Gambling Legislation
(Miscellaneous Amendments) Act 2000),
in the course of considering a decision to
take disciplinary action under section 52
30 even though the consideration had begun
before the commencement of section 45 of
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Gambling Legislation (Miscellaneous Amendments) Act 2000
s. 54
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the Gambling Legislation (Miscellaneous
Amendments) Act 2000 if the decision to
take action had not been made before the
commencement of section 45 of that Act.".
5 _______________
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Gambling Legislation (Miscellaneous Amendments) Act 2000
s. 55
Act No.
PART 5--INTERACTIVE GAMING (PLAYER PROTECTION)
ACT 1999
See:
55. Reasons for decision Act No.
41/1999
Section 24(4) of the Interactive Gaming (Player and
5 Protection) Act 1999 is repealed. amending
Act No.
24/2000.
LawToday:
www.dms.
dpc.vic.
gov.au.
56. Carry forward tax loss
For section 38(3) of the Interactive Gaming
(Player Protection) Act 1999 substitute--
"(3) If, in respect of a month, the amount of the
10 sum of--
(a) all prizes paid from the total amount
wagered on interactive games
conducted by the licensed provider in
that month except prizes paid from a
15 jackpot special prize pool; and
(b) all amounts determined under the rules
of the interactive games for payment, in
respect of the total amount wagered on
interactive games conducted by the
20 licensed provider in that month, to a
jackpot special prize pool--
exceeds the total of the amount wagered on
interactive games conducted by the licensed
provider during that month, the amount of
25 the excess may be applied to reduce the
amount of gaming revenue that is payable for
the next or a subsequent month for the
purposes of determining the amount under
sub-section (1).".
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s. 57
Act No.
57. Directions about responsible gambling
At the end of section 43 of the Interactive
Gaming (Player Protection) Act 1999 insert--
"(2) Without limiting sub-section (1), the
5 Authority may, by written notice, give
directions to licensed providers about--
(a) the conduct of games that the licensed
provider is authorised to conduct under
this Act; and
10 (b) how licensed providers must foster
responsible gambling by players of
interactive games in order to--
(i) minimise harm caused by problem
gambling; and
15 (ii) accommodate those who gamble
without harming themselves or
others.".
58. Public hearings
After section 66(2) of the Interactive Gaming
20 (Player Protection) Act 1999 insert--
"(3) An inquiry or meeting for the purposes of
making a finding or a determination relating
to the grant of an interactive gaming licence
under Part 4 must be conducted in public
25 unless the Authority determines that there
are special circumstances requiring that the
inquiry or meeting or part of the inquiry or
meeting should be held in private.
(4) The Authority may direct that an inquiry or
30 meeting or part of an inquiry or meeting be
held in private if it considers--
(a) it necessary to do so to prevent the
unreasonable divulgence of information
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s. 59
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relating to the personal affairs of any
person including a deceased person; or
(b) it is otherwise in the interests of justice
or the public interest to do so.".
5 59. New sections 67A and 67B inserted
After section 67 of the Interactive Gaming
(Player Protection) Act 1999 insert--
"67A. Authority to give written statement about
certain decisions or on request
10 (1) The Authority must publish a written
statement of its decision and the reasons for
a decision made in relation to the grant of an
interactive gaming licence under Part 4
within 14 days after the decision.
15 (2) The Authority must give a written statement
of reasons for a decision to a person who
requested it in accordance with section 67B
within 28 days after receiving the request.
(3) A statement under this section must set
20 out--
(a) the reasons for the decision; and
(b) the findings on material questions of
fact that led to the decision, referring to
the evidence or other material on which
25 those findings were based.
(4) A statement need not be given to a person
under sub-section (2) if the Authority has
already given a written statement containing
the matters referred to in sub-section (3) to
30 the person (whether as part of the decision or
separately).
(5) A statement of reasons to be given to a
person referred to in sub-section (2) who was
not an applicant or an associate of an
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s. 60
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applicant must not include any information
or matter about a person who was, or was
referred to in an application as, an associate
except as to the actual decision.
5 (6) If a statement of reasons would be false or
misleading if it did not include information
or matter referred to in sub-section (5), the
Authority must inform the person who
requested the statement of that fact and must
10 not give the statement to the person.
67B. Request for statement of reasons for
decision
(1) A person whose interests are affected by a
decision of the Authority may request the
15 Authority to give the person a written
statement of reasons for the decision.
(2) A request under sub-section (1) must be
made in writing within 28 days after the day
on which the decision was made.".
20 60. VCAT
(1) In section 68(2) of the Interactive Gaming
(Player Protection) Act 1999 after paragraph (b)
insert--
"(c) if, under section 67B, the person requests a
25 statement of reasons for the decision, the day
on which the statement of reasons is given to
the person or the person is informed under
section 67A(6) that a statement of reasons
will not be given.".
30 (2) After section 68(3) of the Interactive Gaming
(Player Protection) Act 1999 insert--
"(4) If a person requests a statement of reasons
under the Victorian Civil and
Administrative Tribunal Act 1998 and
35 under section 67B, an application for review
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s. 61
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must be made within 28 days after the date
on which a statement of reasons was first
given under either of those provisions or the
date the person was first informed under
5 either of those provisions that a statement of
reasons would not be given.".
61. Secrecy
(1) In section 69(1) of the Interactive Gaming
(Player Protection) Act 1999 after "those
10 powers" insert "or from an enforcement agency in
accordance with a memorandum of understanding
under section 69A".
(2) In section 69(2) of the Interactive Gaming
(Player Protection) Act 1999 for "(5)" substitute
15 "(6)".
(3) In section 69(3) of the Interactive Gaming
(Player Protection) Act 1999 after paragraph (c)
insert--
"; or
20 (d) divulge information to an enforcement
agency in accordance with a memorandum
of understanding under section 69A; or
(e) divulge any information that was considered
at a meeting or part of a meeting of the
25 Authority that was held in public or any
information that was considered at an inquiry
or part of an inquiry of the Authority that
was held in public; or
(f) divulge any of the following information--
30 (i) the name of an applicant for a licence
under this Act the date of the licence
application, the date and result of the
Authority's determination of the
application;
52
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s. 61
62
Act No.
(ii) the name of a licensed provider and the
expiry date of the licence;
(iii) the name of an associate of the licensed
provider who has been approved by the
5 Authority;
(iv) particulars of any amendment to the
conditions of an interactive gaming
licence;
(v) particulars of disciplinary action taken
10 against a licensed provider;
(vi) details of any matter that is in the
public domain for any reason including
a requirement under this Act to publish
the information or because the matter
15 was considered at a meeting or inquiry
or part of a meeting or inquiry of the
Authority that was held in public;
(vii) any other matter that, in the opinion of
the Authority--
20 (A) would not constitute an
unreasonable divulgence of
information relating to the affairs
of a person; or
(B) would otherwise be in the public
25 interest to divulge.".
62. New section 69A inserted
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541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000
Gambling Legislation (Miscellaneous Amendments) Act 2000
Act No.
After section 69 of the Interactive Gaming
(Player Protection) Act 1999 insert--
'69A. Memorandum of understanding
(1) The Authority and an enforcement agency
5 may enter a memorandum of understanding
that provides for--
(a) the divulgence to the enforcement
agency of information with respect to
the affairs of a person acquired by the
10 Authority in the performance of
functions under this Act; and
(b) the divulgence to the Authority of
information with respect to the affairs
of a person acquired by the
15 enforcement agency.
(2) A memorandum of understanding must--
(a) specify the kind of information to be
divulged and the purposes for which it
may be used; and
20 (b) contain an undertaking that each party
to the memorandum--
(i) will use information divulged to it
only for the purposes specified in
the memorandum; and
25 (ii) consents to the taking of
injunctive action to restrain the
unauthorised use of the
information; and
(c) contain a provision that applies the law
30 of Victoria to the divulgence of
information to the enforcement agency
under the memorandum and an
acknowledgment that the parties submit
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s. 62
Act No.
to the non-exclusive jurisdiction of the
courts of Victoria.
(3) The Authority may enter a memorandum of
understanding with an enforcement agency
5 only if the Authority is satisfied that the
enforcement agency is capable of entering,
and is authorised to enter, the memorandum
of understanding as a legally-binding
agreement.
10 (4) In this section--
"enforcement agency" means a person or
body in Victoria or another jurisdiction
(whether in or outside Australia)--
(a) that is responsible for, or engages
15 in--
(i) the administration of a law
with respect to gaming or
gambling; or
(ii) law enforcement generally;
20 or
(b) that is approved by the Minister
under sub-section (5).
(5) For the purposes of sub-section (4), the
Minister may, by written notice given to the
25 Authority, approve a person or body that is
responsible for, or engages in, the
administration of a licensing or other
regulatory scheme that requires licensees or
other persons regulated to be suitable, or fit
30 and proper, persons.'.
_______________
55
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Gambling Legislation (Miscellaneous Amendments) Act 2000
s. 63
Act No.
PART 6--GAMING NO. 2 ACT 1997
See:
63. Secrecy Act No.
16/1997.
In section 104(3) of the Gaming No. 2 Act 1997 Reprint No. 1
after paragraph (c) insert-- as at
1 June 1999
5 "; or and
amending
Act No.
(d) divulge any information that was considered
41/1999.
at a meeting or part of a meeting of the LawToday:
Authority that was held in public or any www.dms.
dpc.vic.
information that was considered at an inquiry gov.au
10 or part of an inquiry of the Authority that
was held in public; or
(e) divulge any of the following information--
(i) the name of an applicant for an
operator's licence or a declaration as a
15 community or charitable organisation
or a permit under this Act, the date of
the application, the date and result of
the Authority's determination of the
application;
20 (ii) the name of an organisation declared to
be a community or charitable
organisation, the holder of any licence,
approval or permit under this Act and
the expiry date of the licence or permit;
25 (iii) the name of an associate of the holder
of any licence under this Act that is
approved by the Authority;
(iv) particulars of any amendment to the
conditions of a licence or permit under
30 this Act;
(v) particulars of disciplinary action taken
against a person under this Act;
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s. 64
Act No.
(vi) details of any matter that is in the
public domain for any reason including
a requirement under this Act to publish
the information or because the matter
5 was considered at a meeting or inquiry
or part of a meeting or inquiry of the
Authority that was held in public;
(vii) any other matter that, in the opinion of
the Authority--
10 (A) would not constitute an
unreasonable divulgence of
information relating to the affairs
of a person; or
(B) would otherwise be in the public
15 interest to divulge.".
64. Public hearings
After section 96(2) of the Gaming No. 2 Act
1997 insert--
"(3) An inquiry or meeting for the purposes of
20 making a finding or a determination relating
to the following matters must be conducted
in public unless the Authority determines
that there are special circumstances requiring
that the inquiry or meeting or part of the
25 inquiry or meeting should be held in
private--
(a) the issue or renewal of an operator's
licence under section 40;
(b) the amendment of the conditions of an
30 operator's licence under section 44.
(4) The Authority may direct that an inquiry or
meeting or part of an inquiry or meeting be
held in private if it considers--
57
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s. 64
Act No.
(a) it necessary to do so to prevent the
unreasonable divulgence of information
relating to the personal affairs of any
person including a deceased person; or
5 (b) it is otherwise in the interests of justice
or the public interest to do so.".
58
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Gambling Legislation (Miscellaneous Amendments) Act 2000
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
59
541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000
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