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This is a Bill, not an Act. For current law, see the Acts databases.


GAMBLING LEGISLATION AMENDMENT (TRANSITION) BILL 2012

                 PARLIAMENT OF VICTORIA

Gambling Legislation Amendment (Transition) Bill
                      2012



                      TABLE OF PROVISIONS
Clause                                                               Page

PART 1--PRELIMINARY                                                     1
  1      Purposes                                                       1
  2      Commencement                                                   2

PART 2--AMENDMENTS TO THE GAMBLING
REGULATION ACT 2003                                                     4
  3      Definitions                                                    4
  4      Ministerial directions as to requirements for gaming
         machines                                                       4
  5      Review of regional and municipal limits                        4
  6      Authority conferred by listing on the Roll                     4
  7      Application to be listed on Roll                               5
  8      Exemption from requirement to pay 75% of prescribed
         profit obtained on transfer                                    5
  9      New section 3.6.1A inserted                                    5
         3.6.1A Returns to players on expiry of gaming operator's
                  licences                                              5
  10     Health benefit levy                                            6
  11     New section 3.6.3A inserted                                    6
         3.6.3A Health benefit levy--financial year 2012 to 2013        6
  12     Definitions                                                    7
  13     Authority conferred by a gaming industry employee's
         licence                                                        7
  14     Gaming industry employees to be licensed                       7
  15     Appeal                                                         7
  16     Termination of employment on suspension or cancellation
         of licence                                                     7
  17     Compulsory training for certain gaming industry employees      8
  18     Schedule 1--Keno                                               8
         PART 1--KENO                                                   8




571207B.I-18/4/2012                  i      BILL LA INTRODUCTION 18/4/2012

 


 

Clause Page 19 New Part 27 of Schedule 7 inserted 9 PART 27--GAMBLING LEGISLATION AMENDMENT (TRANSITION) ACT 2012 9 27.1 Authority conferred by venue operator's licence until expiry of gaming operator's licences 9 27.2 Authority conferred by gaming operator's licences until expiry of those licences 9 27.3 Expiry of gaming operator's licences 10 27.4 Expiry of wagering licence 10 PART 3--AMENDMENTS TO THE GAMBLING REGULATION AMENDMENT (LICENSING) ACT 2009 11 20 Purpose 12 21 Placement of automatic teller machines and alternative cash access facilities 12 22 Automatic teller machine and alternative cash access facility measures 12 23 Automatic teller machines and alternative cash access facilities prohibited in approved venues not on racecourses 12 24 Limiting placement of automatic teller machines and alternative cash access facilities on racecourses 13 25 Appeal 13 26 New section 3.5.33N inserted 14 3.5.33N No compensation payable 14 27 Casino Control Act 1991--automatic teller machine and alternative cash access facility measures 14 PART 4--AMENDMENTS TO THE CASINO CONTROL ACT 1991 14 28 Definitions 15 PART 5--FURTHER AMENDMENTS AND REPEALS 15 29 Definitions 16 30 Duty payable by licensee 16 31 Objectives of Commission 16 32 Repeal of amending Act 16 ENDNOTES 17 571207B.I-18/4/2012 ii BILL LA INTRODUCTION 18/4/2012

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Gambling Legislation Amendment (Transition) Bill 2012 A Bill for an Act to amend the Gambling Regulation Act 2003, the Gambling Regulation Amendment (Licensing) Act 2009, the Casino Control Act 1991 and the Gambling Regulation Further Amendment Act 2009 and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The purposes of this Act are-- (a) to amend the Gambling Regulation Act 5 2003 and the Gambling Regulation Amendment (Licensing) Act 2009-- (i) to extend the types of cash facilities that are captured by the proposed prohibition on automatic teller 10 machines in approved venues; and 571207B.I-18/4/2012 1 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Part 1--Preliminary s. 2 (ii) to ensure that a person who provides services to a venue operator or the monitoring licensee for the installation, service, repair or maintenance of 5 gaming machines is to be listed on the Roll of Manufacturers, Suppliers and Testers; and (iii) to make it an offence for the monitoring licensee or a third party service 10 provider to employ or engage a person to install, service, repair or maintain gaming machines or monitoring equipment unless the person holds a gaming industry employee's licence; 15 and (iv) to make further transitional and consequential amendments in relation to the expiry of the gaming operator's licences and the wagering licence in 20 August 2012; and (b) to amend these Acts and the Gambling Regulation Further Amendment Act 2009 to make further minor amendments; and (c) to amend the Casino Control Act 1991 to 25 extend the types of cash facilities that are captured by the proposed prohibition on automatic teller machines in the casino. 2 Commencement (1) This Act (except sections 3 to 7 and 12 to 17 and 30 Part 4) comes into operation on the day after the day on which this Act receives the Royal Assent. (2) Section 3 and Part 4 come into operation on 1 July 2012. (3) Subject to subsection (4), the remaining 35 provisions of this Act come into operation on a day or days to be proclaimed. 571207B.I-18/4/2012 2 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Part 1--Preliminary s. 2 (4) If a provision referred to in subsection (3) does not come into operation before 1 September 2012, it comes into operation on that day. __________________ 571207B.I-18/4/2012 3 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Part 2--Amendments to the Gambling Regulation Act 2003 s. 3 PART 2--AMENDMENTS TO THE GAMBLING REGULATION ACT 2003 3 Definitions See: (1) In section 1.3(1) of the Gambling Regulation Act No. 5 114/2003. Act 2003, insert the following definition-- Reprint No. 4 as at "alternative cash access facility means a facility 1 January 2011 that-- and amending (a) enables a person to debit his or her Act Nos funds without a person employed or 29/2009, 10 58/2009, engaged by a venue operator enabling 56/2010, the debit of those funds; and 64/2010, 74/2010, (b) issues a receipt or other authority 29/2011, 58/2011, requiring the venue operator to pay to 60/2011, that person cash representing the 62/2011 and 15 79/2011. amount debited;". LawToday: www. (2) In section 1.3(1) of the Gambling Regulation legislation. vic.gov.au Act 2003, in the definition of cash facility, after paragraph (b) insert-- "(ba) an alternative cash access facility; or". 20 4 Ministerial directions as to requirements for gaming machines Section 3.2.3(1)(a) and (f) of the Gambling Regulation Act 2003 are repealed. 5 Review of regional and municipal limits 25 Section 3.2.4A of the Gambling Regulation Act 2003 is repealed. 6 Authority conferred by listing on the Roll In section 3.4.5(c)(i) of the Gambling Regulation Act 2003, after "operators to" insert "install,". 571207B.I-18/4/2012 4 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Part 2--Amendments to the Gambling Regulation Act 2003 s. 7 7 Application to be listed on Roll (1) In section 3.4.61(1)(b) of the Gambling Regulation Act 2003 omit "gaming operators or". (2) In section 3.4.61(1)(c)(i) of the Gambling 5 Regulation Act 2003 omit "gaming operators or". 8 Exemption from requirement to pay 75% of prescribed profit obtained on transfer In section 3.4A.19(3) of the Gambling Regulation Act 2003, in the definition of relevant 10 authority, after paragraph (a) insert-- "(ab) an amendment to the conditions of a venue operator's licence to vary the number of gaming machines permitted in an approved venue;". 15 9 New section 3.6.1A inserted After section 3.6.1 of the Gambling Regulation Act 2003 insert-- "3.6.1A Returns to players on expiry of gaming operator's licences 20 (1) This section applies if, on the expiry of a gaming operator's licence or a gaming licence, the gaming operator will have jackpot special prizes that will not have been paid out before that expiry. 25 (2) The gaming operator must pay an amount equal to those jackpot special prizes to the Treasurer for payment into the Responsible Gambling Fund established under section 19 of the Victorian Responsible Gambling 30 Foundation Act 2011. (3) This section applies despite section 3.6.1.". 571207B.I-18/4/2012 5 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Part 2--Amendments to the Gambling Regulation Act 2003 s. 10 10 Health benefit levy After section 3.6.3(5) of the Gambling Regulation Act 2003 insert-- "(6) This section is subject to section 3.6.3A.". 5 11 New section 3.6.3A inserted After section 3.6.3 of the Gambling Regulation Act 2003 insert-- "3.6.3A Health benefit levy--financial year 2012 to 2013 10 (1) In respect of the financial year beginning on 1 July 2012 and ending on 30 June 2013, a gaming operator must pay to the Commission a health benefit levy calculated in accordance with the formula set out in 15 section 3.6.3(1). (2) The Treasurer, in consultation with the Commission, is to determine the amount of the levy on each gaming operator in respect of the financial year and must notify each 20 gaming operator of his or her determination as soon as practicable after making the determination. (3) The levy is payable in two equal instalments within the financial year, due on dates 25 determined by the Treasurer in consultation with the Commission. (4) The Treasurer must notify each gaming operator of his or her determination under subsection (3) as soon as practicable after 30 making the determination, but at least 15 business days before the first instalment is due. (5) In this section, gaming operator includes a person who held a gaming operator's licence 35 or a gaming licence.". 571207B.I-18/4/2012 6 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Part 2--Amendments to the Gambling Regulation Act 2003 s. 12 12 Definitions In section 9A.1.1 of the Gambling Regulation Act 2003, insert the following definition-- "gaming machine services provider means a 5 person listed on the Roll who supplies, or intends to supply, testing services to a venue operator that holds a gaming machine entitlement or the monitoring licensee;". 13 Authority conferred by a gaming industry 10 employee's licence In section 9A.1.2(1)(a) of the Gambling Regulation Act 2003, for "or a gaming operator" substitute ", a monitoring licensee or a gaming machine services provider". 15 14 Gaming industry employees to be licensed In section 9A.1.3(2) of the Gambling Regulation Act 2003, for "a gaming operator, a bingo centre operator or a licensee" substitute "a monitoring licensee, a bingo centre operator or a gaming 20 machine services provider". 15 Appeal In section 9A.1.7(4)(a)(ii) of the Gambling Regulation Act 2003, for "gaming operator or bingo centre operator" substitute "monitoring 25 licensee, bingo centre operator or gaming machine services provider". 16 Termination of employment on suspension or cancellation of licence In section 9A.1.16 of the Gambling Regulation 30 Act 2003-- (a) for "gaming operator or bingo centre operator" substitute "monitoring licensee, bingo centre operator or gaming machine services provider"; 571207B.I-18/4/2012 7 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Part 2--Amendments to the Gambling Regulation Act 2003 s. 17 (b) after "the operator" insert ", licensee or provider". 17 Compulsory training for certain gaming industry employees 5 In section 9A.1.18 of the Gambling Regulation Act 2003-- (a) in subsection (1), after "licensee" insert "or other person"; (b) in subsection (1A)(b), for "later." substitute 10 "later;"; (c) after subsection (1A)(b) insert-- "(c) in the case of a person other than a licensee who is employed by a venue operator on or after the commencement 15 of section 17 of the Gambling Legislation Amendment (Transition) Act 2012, within 6 months after the person commences to work in the gaming machine area of the approved 20 venue.". 18 Schedule 1--Keno For Part 1 of Schedule 1 to the Gambling Regulation Act 2003 substitute-- "PART 1--KENO 25 1.1 The accrediting of agents of the keno licensee to conduct keno games on behalf of the keno licensee and prescribing conditions governing the sale of tickets by those agents. 1.2 Prescribing requirements as to the conduct, 30 monitoring and promotion of keno games.". 571207B.I-18/4/2012 8 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Part 2--Amendments to the Gambling Regulation Act 2003 s. 19 19 New Part 27 of Schedule 7 inserted After Part 26 of Schedule 7 to the Gambling Regulation Act 2003 insert-- "PART 27--GAMBLING LEGISLATION 5 AMENDMENT (TRANSITION) ACT 2012 27.1 Authority conferred by venue operator's licence until expiry of gaming operator's licences (1) This clause applies until 15 August 2012. 10 (2) A venue operator that holds a gaming machine entitlement may supply an approved gaming machine acquired by the venue operator from a person listed on the Roll, and any restricted component in relation to the 15 gaming machine, to a gaming operator. (3) This clause applies despite anything to the contrary in section 3.4.1(2)(b), but is otherwise subject to this Act and any conditions to which a venue operator's 20 licence is subject. 27.2 Authority conferred by gaming operator's licences until expiry of those licences (1) This clause applies until 15 August 2012. (2) A gaming operator's licence authorises the 25 licensee and the operator to obtain from a venue operator that holds a gaming machine entitlement an approved gaming machine and any restricted component in relation to the gaming machine. 571207B.I-18/4/2012 9 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Part 2--Amendments to the Gambling Regulation Act 2003 s. 19 (3) This clause applies despite anything to the contrary in section 3.4.2(a), but is otherwise subject to this Act and any conditions to which a gaming operator's licence is subject. 5 Note An approved gaming machine obtained under this clause may be used to conduct gaming at an approved venue: see section 3.4.2(d). 27.3 Expiry of gaming operator's licences 10 Despite the expiry of a gaming operator's licence or a gaming licence, the person who held that licence must-- (a) discharge any obligation or liability (under contract or otherwise) that the 15 person as a gaming operator owes to a person who has played a gaming machine operated by the gaming operator before the expiry of the licence; and 20 (b) comply with any requirement imposed on the person as a gaming operator by or under this Act or the licence before the expiry of the licence. 27.4 Expiry of wagering licence 25 Despite the expiry of the wagering licence, the person who held the licence must-- (a) discharge any obligation or liability (under contract or otherwise) that the person as the wagering operator owes 30 to a person who has engaged in wagering and betting with the wagering operator before the expiry of the licence; and 571207B.I-18/4/2012 10 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Part 2--Amendments to the Gambling Regulation Act 2003 s. 19 (b) comply with any requirement imposed on the person as the wagering operator by or under this Act or the licence before the expiry of the licence.". __________________ 571207B.I-18/4/2012 11 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Part 3--Amendments to the Gambling Regulation Amendment (Licensing) s. 20 Act 2009 PART 3--AMENDMENTS TO THE GAMBLING REGULATION AMENDMENT (LICENSING) ACT 2009 20 Purpose See: In section 1 of the Gambling Regulation Act No. 5 29/2009 Amendment (Licensing) Act 2009-- and amending (a) in subsection (1)(d), after "machines" insert Act No. 60/2011. "and alternative cash access facilities"; Statute Book: www. (b) in subsection (2), after "machines" insert legislation. "and alternative cash access facilities". vic.gov.au 10 21 Placement of automatic teller machines and alternative cash access facilities In the heading to Division 5 of Part 4 of the Gambling Regulation Amendment (Licensing) Act 2009, after "machines" insert "and 15 alternative cash access facilities". 22 Automatic teller machine and alternative cash access facility measures In section 79 of the Gambling Regulation Amendment (Licensing) Act 2009, in the 20 heading to proposed Subdivision 2 of Division 3 of Part 5 of Chapter 3 of the Gambling Regulation Act 2003, after "machine" insert "and alternative cash access facility". 23 Automatic teller machines and alternative cash 25 access facilities prohibited in approved venues not on racecourses (1) In section 79 of the Gambling Regulation Amendment (Licensing) Act 2009, in the heading to proposed section 3.5.33C of the 30 Gambling Regulation Act 2003, after "machines" insert "and alternative cash access facilities". 571207B.I-18/4/2012 12 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Part 3--Amendments to the Gambling Regulation Amendment (Licensing) s. 24 Act 2009 (2) In section 79 of the Gambling Regulation Amendment (Licensing) Act 2009, after proposed section 3.5.33C(1) of the Gambling Regulation Act 2003 insert-- 5 "(1A) A venue operator must not provide, or allow another person to provide on the venue operator's behalf, an alternative cash access facility in an approved venue that is not on a racecourse. 10 Penalty: 60 penalty units.". 24 Limiting placement of automatic teller machines and alternative cash access facilities on racecourses In section 79 of the Gambling Regulation Amendment (Licensing) Act 2009-- 15 (a) in the heading to proposed section 3.5.33D of the Gambling Regulation Act 2003, after "machines" insert "and alternative cash access facilities"; (b) in proposed section 3.5.33D(1) of the 20 Gambling Regulation Act 2003, after "teller machine" insert "or an alternative cash access facility". 25 Appeal In section 79 of the Gambling Regulation 25 Amendment (Licensing) Act 2009, in proposed section 3.5.33M(5) of the Gambling Regulation Act 2003, for 'against."' substitute "against.". 571207B.I-18/4/2012 13 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Part 3--Amendments to the Gambling Regulation Amendment (Licensing) s. 26 Act 2009 26 New section 3.5.33N inserted In section 79 of the Gambling Regulation Amendment (Licensing) Act 2009, after proposed section 3.5.33M of the Gambling 5 Regulation Act 2003 insert-- '3.5.33N No compensation payable No compensation is payable by the State to any person because of the operation of this Subdivision.".'. 10 27 Casino Control Act 1991--automatic teller machine and alternative cash access facility measures (1) In the heading to section 81 of the Gambling Regulation Amendment (Licensing) Act 2009, after "machine" insert "and alternative cash 15 access facility". (2) In section 81 of the Gambling Regulation Amendment (Licensing) Act 2009-- (a) in the heading to proposed section 81AAA of the Casino Control Act 1991, after 20 "machines" insert "and alternative cash access facilities"; (b) in proposed section 81AAA(1) of the Casino Control Act 1991, after "machine" insert "or an alternative cash access facility". __________________ 571207B.I-18/4/2012 14 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Part 4--Amendments to the Casino Control Act 1991 s. 28 PART 4--AMENDMENTS TO THE CASINO CONTROL ACT 1991 28 Definitions (1) In section 3(1) of the Casino Control Act 1991, See: Act No. 5 insert the following definition-- 47/1991. Reprint No. 8 "alternative cash access facility means a facility as at 22 June 2011 that-- and amending (a) enables a person to debit his or her Act Nos funds without a person employed or 29/2009, 84/2009, 10 engaged by the casino enabling the 74/2010 and debit of those funds; and 58/2011. LawToday: (b) issues a receipt or other authority www. legislation. requiring the casino to pay to that vic.gov.au person cash representing the amount 15 debited;". (2) In section 3(1) of the Casino Control Act 1991, in the definition of cash facility, after paragraph (b) insert-- "(ba) an alternative cash access facility; or". __________________ 571207B.I-18/4/2012 15 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Part 5--Further Amendments and Repeals s. 29 PART 5--FURTHER AMENDMENTS AND REPEALS 29 Definitions In section 3.2A.1 of the Gambling Regulation Act 2003, in the definition of monitoring 5 licensee, for "licence;" substitute "licence.". 30 Duty payable by licensee In section 6A.4.2(2)(a) of the Gambling Regulation Act 2003, for "24.24%" substitute "24·24%". 10 31 Objectives of Commission Section 140 of the Gambling Regulation Further Amendment Act 2009 is repealed. 32 Repeal of amending Act This Act is repealed on the first anniversary of its 15 commencement. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 571207B.I-18/4/2012 16 BILL LA INTRODUCTION 18/4/2012

 


 

Gambling Legislation Amendment (Transition) Bill 2012 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571207B.I-18/4/2012 17 BILL LA INTRODUCTION 18/4/2012

 


 

 


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