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GAMBLING LEGISLATION (MISCELLANEOUS AMENDMENTS) BILL 2000

                 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



                                       i
541115B.A1-16/11/2000                                BILL LA AS SENT 16/11/2000

 


 

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 ii 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

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 iii 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 1 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 2 Act No. 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. _______________ 2 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 3 Act No. 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. 3 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 5 Act No. (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 4 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 5 Act No. 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; 5 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 5 Act No. (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 6 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 5 Act No. 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. 7 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 6 Act No. (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; 8 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 7 Act No. (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; 9 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 10 Act No. (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. 10 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 11 Act No. (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 11 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 12 Act No. (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; 12 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 15 Act No. (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-- 13 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 16 Act No. "(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.". 14 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 18 20 Act No. 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-- 15 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 Act No. (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"; 16 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 21 Act No. (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; 17 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 21 Act No. (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 18 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 21 22 Act No. (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 19 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 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 20 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 23 Act No. 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 21 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 23 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 22 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 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 23 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 25 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.'. 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". 24 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 26 Act No. 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 25 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 27 Act No. 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 26 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 27 Act No. (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.". _______________ 27 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 28 Act No. 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. dpc.vic. gov.au 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 28 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 31 Act No. (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 29 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 32 Act No. (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 30 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 32 Act No. (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.'. 31 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 33 Act No. 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 32 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 35 Act No. 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. 33 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 35 Act No. 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 _______________ 34 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 36 Act No. 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. dpc.vic. gov.au 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)". 35 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 38 Act No. 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-- 36 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 42 Act No. "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. 37 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 43 Act No. (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". 38 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 46 Act No. 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 39 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 50 Act No. 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. 40 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 50 Act No. (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 41 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

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; 42 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 51 Act No. (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 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

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 44 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 52 Act No. 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 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 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 46 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 54 Act No. 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 _______________ 47 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

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).". 48 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 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 49 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 59 Act No. 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 50 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 60 Act No. 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 51 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 s. 61 Act No. 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 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 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 53 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 54 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 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 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

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; 56 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 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 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

Gambling Legislation (Miscellaneous Amendments) Act 2000 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 541115B.A1-16/11/2000 BILL LA AS SENT 16/11/2000

 


 

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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