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PARLIAMENT OF VICTORIA Gaming Legislation (Amendment) Act 2002 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purpose 1 2. Commencement 2 PART 2--CASINO CONTROL ACT 1991 3 3. Definitions 3 4. Cessation of Authority's power to enter exclusivity agreements 4 5. Controlled contracts 4 6. Approval of games 4 7. Approval of gaming equipment 5 8. New sections 62AB and 62AC inserted 6 62AB. Banning large denomination note acceptors and autoplay facilities 6 62AC. Spin rates 7 9. Use of foreign currency in casino 7 10. New section 74 substituted 8 74. Exclusion orders by Chief Commissioner of Police 8 11. Consequential amendment--exclusion orders 8 12. Interstate exclusion orders 9 13. New section 78A inserted 9 78A. No advertising to excluded persons 9 14. Detention of suspected person 10 15. New sections 81AA and 81AAB inserted 10 81AA. Limiting withdrawals and advances from cash facilities 10 81AAB. Payment of winnings and cashing of cheques 11 16. Exempting casino from other laws 11 17. Cessation of Authority's power to enter certain agreements 12 18. Delegation of disciplinary action 12 19. Statement of reasons 12 PART 3--GAMING AND BETTING ACT 1994 13 20. TABCORP shareholder limits 13 21. Approval of totalisator equipment 13 22. Objects, functions etc. of Authority 13 i 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Clause Page 23. Statement of reasons 14 24. New section 95 inserted 14 95. Annual report 14 25. Offences relating to totalisators 14 PART 4--GAMING MACHINE CONTROL ACT 1991 16 26. Definitions 16 27. New section 9 inserted 17 9. Gaming only permitted in gaming machine areas 17 28. Ministerial directions 18 29. Authority conferred by technician's licence and listing on the Roll 18 30. Nominee of licensee 20 31. Amendment of conditions 23 32. Application to casino 23 33. Technician's licences and Roll of Suppliers 23 34. Contracts between gaming operators and venue operators 25 35. New section 68A inserted 26 68A. Director's standards for gaming machine types and games 26 36. Approval of gaming machine types and games 27 37. Withdrawal of approval 28 38. New sections 77B and 77C inserted 29 77B. Banning large denomination note acceptors and autoplay facilities 30 77C. Spin rates 30 39. Authority's rules 31 40. New sections 81A and 81B inserted 32 81A. Limiting withdrawals and advances from cash facilities 32 81B. Payment of winnings and cashing of cheques 32 41. New sections 82A to 82F inserted 33 82A. Loyalty schemes 33 82B. Player activity statements 35 82C. Suspension of person who fails to collect their player activity statement 36 82D. Opting out of loyalty schemes 37 82E. No advertising to people suspended or removed from loyalty schemes 38 82F. Loyalty scheme participant information 39 42. Minors in gaming machine areas 40 43. Delegation of disciplinary functions 40 44. Statement of reasons 40 45. Accounts and records 40 46. Other returns by gaming operators 41 47. Declaration of different rate of return 41 ii 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Clause Page 48. New section 136AB inserted 42 136AB. Community benefit statements 42 49. Gambling Research Panel 45 50. Secrecy 45 51. Regulations 45 52. Statute law revision 45 PART 5--GAMING NO. 2 ACT 1997 47 53. New section 12K inserted 47 12K. Suspension of declaration 47 54. Expenses of entry in a trade promotion lottery 48 55. Inspectors' powers 49 56. New section 80A inserted 49 80A. Identification of inspectors 49 57. Retention of things seized 49 58. New section 83 substituted 50 83. Offences relating to obstruction etc. of inspectors 50 PART 6--INTERACTIVE GAMING (PLAYER PROTECTION) ACT 1999 52 59. Approval of interactive gaming equipment 52 60. New section 10A inserted 52 10A. Licensed testers to test interactive gaming equipment 52 61. Statement of reasons 52 PART 7--PUBLIC LOTTERIES ACT 2000 53 62. Non-monetary prizes 53 63. Offence not to comply with lottery rules 53 64. New section 14A inserted 53 14A. Non-monetary prizes 53 ENDNOTES 55 iii 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
PARLIAMENT OF VICTORIA Initiated in Assembly 9 May 2002 As amended by Assembly 4 June 2002 A BILL to amend the Casino Control Act 1991, the Gaming and Betting Act 1994, the Gaming Machine Control Act 1991, the Gaming No. 2 Act 1997, the Interactive Gaming (Player Protection) Act 1999 and the Public Lotteries Act 2000 and for other purposes. Gaming Legislation (Amendment) Act 2002 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The main purpose of this Act is to amend the Casino Control Act 1991, the Gaming and 5 Betting Act 1994, the Gaming Machine Control Act 1991, the Gaming No. 2 Act 1997, the 1 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 1--preliminary s. 2 Interactive Gaming (Player Protection) Act 1999 and the Public Lotteries Act 2000. 2. Commencement (1) This Act (except sections 3(3), 6, 7(2), 8, 9, 15, 5 26, 27, 28(1) and (3), 30, 32, 34, 36(4) and (6), 37, 38, 39(1), 40, 41, 42, 45, 50, 52(2), 54, 62 and 64) comes into operation on the day after the day on which it receives the Royal Assent. (2) Section 52(2) is deemed to have come into 10 operation on 1 March 2001. (3) Sections 3(3), 8, 15, 26 (except sub-sections (2), (3), (4) and (6)), 28(3), 32(3), 38 and 40 come into operation on 1 January 2003. (4) Sections 26(3) and (6), 41, 45 and 50 come into 15 operation on 1 July 2003. (5) Subject to sub-sections (6), (7) and (8), sections 6, 7(2), 9, 26(2) and (4), 27, 28(1), 30, 32(1) and (2), 34, 36(4) and (6), 37, 39(1), 42, 54, 62 and 64 come into operation on a day or days to be 20 proclaimed. (6) If section 9 does not come into operation before 1 July 2002, it comes into operation on that day. (7) If section 26(2) or (4), 27, 28(1), 32(1), 39(1) or 42 does not come into operation before 25 1 September 2002, it comes into operation on that day. (8) If section 6, 7(2), 30, 32(2), 34, 36(4) or (6), 37, 54, 62 or 64 does not come into operation before 1 July 2003, it comes into operation on that day. __________________ 2 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 2--casino control act 1991 s. 3 PART 2--CASINO CONTROL ACT 1991 See: 3. Definitions Act No. 47/1991. (1) In section 3(1) of the Casino Control Act 1991, Reprint No. 5 after the definition of "betting rules" insert-- as at 28 August 5 ' "cash facility" means-- 2001. LawToday: www.dms. (a) an automatic teller machine; or dpc.vic. gov.au (b) an EFTPOS facility; or (c) any other prescribed facility that enables a person to gain access to his or 10 her funds or to credit;'. (2) In section 3(1) of the Casino Control Act 1991-- (a) in the definition of "exclusion order", after "section 72" insert "or a written order under section 74"; 15 (b) insert the following definitions-- ' "interstate Chief Commissioner" means the chief officer (however designated) of the police force of another State or a Territory; 20 "interstate exclusion order" means an order made by an interstate Chief Commissioner of a similar nature to an exclusion order made under section 74;'. 25 (3) In section 3(1) of the Casino Control Act 1991, after the definition of "refund" insert-- ' "spin" means a sequence of actions and states in a gaming machine initiated by a player through a wagering of credits and terminated 30 when all credits wagered have been lost or all winnings have been transferred to the 3 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 2--casino control act 1991 s. 4 gaming machine's total wins meter and the player's credit meter; "spin rate", in relation to a gaming machine, means the interval between spins on the 5 gaming machine;'. 4. Cessation of Authority's power to enter exclusivity agreements At the end of section 14 of the Casino Control Act 1991 insert-- 10 "(2) The Authority cannot enter into any agreement under this section on or after the commencement of section 4 of the Gaming Legislation (Amendment) Act 2002. (3) Sub-section (2) does not prevent the 15 Authority from amending or varying any agreement made under this section before the commencement referred to in that sub- section after that commencement in accordance with the terms of the 20 agreement.". 5. Controlled contracts In section 29(1) of the Casino Control Act 1991, in the definition of "controlled contract", after paragraph (b) insert-- 25 "(ba) the supply, maintenance, repair or modification of gaming machines or gaming equipment relating to gaming machines, being a contract between the casino operator and a person listed on the Roll of Suppliers 30 under the Gaming Machine Control Act 1991; or". 6. Approval of games (1) In section 60(1) of the Casino Control Act 1991, after "a casino" insert "(other than games to be 35 played on a gaming machine)". 4 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 2--casino control act 1991 s. 7 (2) In section 60 of the Casino Control Act 1991, at the foot of sub-section (1) insert-- "Note: Games to be played on gaming machines in a casino are approved under section 69 of the Gaming 5 Machine Control Act 1991.". (3) In section 60 of the Casino Control Act 1991, after sub-section (4) insert-- "(5) Sub-sections (2) and (3) do not apply to a game played on a gaming machine in a 10 casino.". 7. Approval of gaming equipment (1) In section 62 of the Casino Control Act 1991, for sub-section (2A) substitute-- "(2A) In approving gaming equipment under this 15 section, the Director may take into account the certificate of a person listed on the Roll of Suppliers under the Gaming Machine Control Act 1991, being a person referred to in section 63(1A) of that Act.". 20 (2) In section 62 of the Casino Control Act 1991, after sub-section (4) insert-- "(5) This section does not apply to gaming equipment that is a gaming machine.". (3) In section 62A of the Casino Control Act 1991, 25 after sub-section (3) insert-- "(4) The Minister may from time to time give a direction in writing to a casino operator as to the bet limits to apply to gaming machines in the casino. 30 (5) The Minister may vary or revoke a direction by further direction in writing to the casino operator. 5 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 2--casino control act 1991 s. 8 (6) The Minister must, as soon as possible after giving a direction under sub-section (4) or (5), cause notice of the direction to be published in the Government Gazette. 5 (7) A casino operator must comply with a direction given under sub-section (4) or (5). Penalty: 100 penalty units.". 8. New sections 62AB and 62AC inserted After section 62A of the Casino Control Act 10 1991 insert-- "62AB. Banning large denomination note acceptors and autoplay facilities (1) A casino operator must not allow a game to be played on a gaming machine that accepts 15 banknotes with a denomination greater than $50. Penalty: 20 penalty units. (2) A casino operator must not allow a game to be played on a gaming machine unless each 20 spin can be initiated only by a distinct and separate activation of the machine by the player (whether by pushing a play button, touching the screen or otherwise). Penalty: 20 penalty units. 25 (3) Sub-sections (1) and (2) do not apply, before 1 January 2008, to a game that was approved by the Authority before 1 January 2003. (4) Sub-sections (1) and (2) do not apply to a game played on a gaming machine located in 30 an area specified by notice of the Authority published in the Government Gazette if the casino operator complies with the conditions, if any, specified in the notice. 6 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 2--casino control act 1991 s. 9 62AC. Spin rates (1) A casino operator must not allow a game to be played on a gaming machine if the spin rate of the game is less than 214 seconds. 5 Penalty: 20 penalty units. (2) Sub-section (1) does not apply to a game played on a gaming machine located in an area specified by notice of the Authority published in the Government Gazette if the 10 casino operator complies with the conditions, if any, specified in the notice.". 9. Use of foreign currency in casino At the end of section 64 of the Casino Control Act 1991 insert-- 15 '(2) Despite sub-section (1), a casino operator may accept gaming wagers, pay wagers won on gaming or betting or issue or redeem chips in or for the currency of a country other than Australia for commission based 20 players in accordance with any relevant controls and procedures approved by the Authority under section 121 in respect of the use of foreign currency in the casino. (3) In sub-section (2)-- 25 "commission based player" means a person who participates in a premium player arrangement or a junket where the person and the casino operator satisfy the requirements of any relevant 30 controls and procedures approved by the Authority under section 121 in respect of a premium player or a junket player (as the case may be).'. 7 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 2--casino control act 1991 s. 10 10. New section 74 substituted For section 74 of the Casino Control Act 1991 substitute-- "74. Exclusion orders by Chief Commissioner of 5 Police (1) The Chief Commissioner of Police may, by written order given to a person, prohibit the person from entering or remaining in a casino. 10 (2) As soon as practicable after making an exclusion order, the Chief Commissioner of Police must-- (a) give a copy of the order to the casino operator and the Director and, if 15 practicable, make available to the casino operator a photograph of the person who is the subject of the order; and (b) notify each interstate Chief 20 Commissioner of the making of the order. (3) For the avoidance of doubt, an exclusion order given under this section is not subject to appeal under section 73.". 25 11. Consequential amendment--exclusion orders In section 75 of the Casino Control Act 1991, for sub-section (3) substitute-- "(3) If the Chief Commissioner of Police revokes an exclusion order, he or she must notify 30 each casino operator, the Director and each interstate Chief Commissioner of the revocation.". 8 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 2--casino control act 1991 s. 12 12. Interstate exclusion orders (1) In section 76 of the Casino Control Act 1991-- (a) in sub-section (1), after "for the casino" insert ", or interstate exclusion orders,"; 5 (b) in sub-section (2)(b), after "exclusion order" insert "or interstate exclusion order". (2) In section 76 of the Casino Control Act 1991, after sub-section (3) insert-- "(4) As soon as practicable after becoming aware 10 of the making or revocation of an interstate exclusion order, the Chief Commissioner of Police must notify each casino operator and the Director.". (3) At the end of section 77 of the Casino Control 15 Act 1991 insert-- "(2) A person the subject of an interstate exclusion order must not enter or remain in a casino. Penalty: 20 penalty units.". 20 (4) In section 78(2) and (4)(a) of the Casino Control Act 1991, after "exclusion order" insert "or interstate exclusion order". 13. New section 78A inserted After section 78 of the Casino Control Act 1991 25 insert-- "78A. No advertising to excluded persons (1) A casino operator must not knowingly send or direct by any means advertising or other promotional material relating to the casino to 30 a person who is the subject of an exclusion order relating to the casino or an interstate exclusion order. Penalty: 50 penalty units. 9 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 2--casino control act 1991 s. 14 (2) For the purposes of sub-section (1), a casino operator does not send or direct material to a person only because the casino operator makes the material available generally to 5 members of the public. Examples Examples of making material available generally to members of the public include publishing it on the Internet, television or other medium or displaying it 10 on a billboard.". 14. Detention of suspected person In section 81(2) of the Casino Control Act 1991, for "section 82" substitute "section 81, 82". 15. New sections 81AA and 81AAB inserted 15 After section 81 of the Casino Control Act 1991 insert-- "81AA. Limiting withdrawals and advances from cash facilities (1) A casino operator must not, within 50 metres 20 of any entrance to the casino, provide, or allow another person to provide, cash facilities that allow a person to obtain by means of those facilities, in any one transaction on any one debit or credit card, 25 an amount of cash exceeding $200. Penalty: 50 penalty units. (2) A casino operator must not allow a person to obtain from a cash facility within 50 metres of any entrance to the casino a cash advance 30 from a credit account. Penalty: 50 penalty units. 10 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 2--casino control act 1991 s. 16 81AAB. Payment of winnings and cashing of cheques (1) A casino operator must not pay out, or allow another person to pay out, winnings or 5 accumulated credits exceeding $2000 from a gaming machine to a person except by cheque. Penalty: 50 penalty units. (2) Sub-section (1) does not apply to a game 10 played on a gaming machine located in an area specified by notice of the Authority published in the Government Gazette if the casino operator complies with the conditions, if any, specified in the notice. 15 (3) A casino operator must, at the request of a person, pay out any winnings or accumulated credits from a gaming machine to the person by cheque. Penalty: 50 penalty units. 20 (4) A casino operator must not, at the casino, give, or allow another person to give, a person cash or gaming tokens in exchange for a cheque drawn on an account of the casino operator to enable that person to play 25 a gaming machine in the casino. Penalty: 50 penalty units.". 16. Exempting casino from other laws Section 128P of the Casino Control Act 1991 is repealed. 11 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 2--casino control act 1991 s. 17 17. Cessation of Authority's power to enter certain agreements In section 142 of the Casino Control Act 1991, after sub-section (2) insert-- 5 "(3) The Authority cannot enter into any agreement under this section on or after the commencement of section 17 of the Gaming Legislation (Amendment) Act 2002. (4) Sub-section (3) does not prevent the 10 Authority from amending or varying any agreement made under this section before the commencement referred to in that sub- section after that commencement in accordance with the terms of the 15 agreement.". 18. Delegation of disciplinary action (1) In section 144 of the Casino Control Act 1991, after sub-section (1) insert-- "(1A) The Authority may delegate to the members 20 of a committee comprising 3 members of the Authority any power or function of the Authority under section 20 or 22.". (2) In section 144(2) of the Casino Control Act 1991, for "this section" substitute 25 "sub-section (1)". 19. Statement of reasons In section 145(6) of the Casino Control Act 1991, for "false" substitute "substantially incomplete". __________________ 12 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 3--gaming and betting act 1994 s. 20 PART 3--GAMING AND BETTING ACT 1994 See: 20. TABCORP shareholder limits Act No. 37/1994. (1) In section 53(1) of the Gaming and Betting Act Reprint No. 3 1994-- as at 28 August 5 (a) in paragraph (a), for "5%" substitute "10%"; 2001 and amending (b) paragraph (c) is repealed. Act Nos 35/2001 and (2) In section 57(2) of the Gaming and Betting Act 11/2002. 1994-- LawToday: www.dms. (a) in paragraph (b), for "5%" substitute "10%"; dpc.vic. gov.au 10 (b) omit all words and expressions after paragraph (b). 21. Approval of totalisator equipment In section 70 of the Gaming and Betting Act 1994, after sub-section (2) insert-- 15 "(2A) In approving an instrument, contrivance, hardware, software or equipment under this section, the Authority may take into account the certificate of a person listed on the Roll of Suppliers under the Gaming Machine 20 Control Act 1991, being a person referred to in section 63(1A) of that Act.". 22. Objects, functions etc. of Authority In section 84 of the Gaming and Betting Act 1994, after "Gaming No. 2 Act 1997" insert 25 ", the Interactive Gaming (Player Protection) Act 1999, the Public Lotteries Act 2000". 13 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 3--gaming and betting act 1994 s. 23 23. Statement of reasons In section 93A(6) of the Gaming and Betting Act 1994, for "false" substitute "substantially incomplete". 5 24. New section 95 inserted After section 94 of the Gaming and Betting Act 1994 insert-- "95. Annual report In its report of operations for a financial year 10 under Part 7 of the Financial Management Act 1994, the Authority must include the name of any person or body with which it has entered a memorandum of understanding during the financial year or a previous 15 financial year under any of the following-- (a) section 127A; (b) section 151A of the Casino Control Act 1991; (c) section 140 of the Gaming Machine 20 Control Act 1991; (d) section 104A of the Gaming No. 2 Act 1997; (e) section 69A of the Interactive Gaming (Player Protection) Act 1999; 25 (f) section 83 of the Public Lotteries Act 2000.". 25. Offences relating to totalisators In section 114 of the Gaming and Betting Act 1994, after sub-section (4) insert-- 30 "(5) A person must not employ, or cause to be employed, another person to service, maintain or repair an instrument, contrivance, hardware, software or 14 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 3--gaming and betting act 1994 s. 25 equipment referred to in section 70(1) unless the second-mentioned person holds a current technician's licence under the Gaming Machine Control Act 1991. 5 Penalty: 250 penalty units.". __________________ 15 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 26 PART 4--GAMING MACHINE CONTROL ACT 1991 See: 26. Definitions Act No. 53/1991. (1) In section 3(1) of the Gaming Machine Control Reprint No. 8 Act 1991, after the definition of "Authority" as at 28 August 5 insert-- 2001 and ' "cash facility" means-- amending Act Nos (a) an automatic teller machine; or 117/1993, 90/1997, (b) an EFTPOS facility; or 88/2000 and 11/2002. (c) any other prescribed facility that LawToday: www.dms. 10 enables a person to gain access to his or dpc.vic. her funds or to credit;'. gov.au (2) In section 3(1) of the Gaming Machine Control Act 1991, for the definition of "gaming machine area" substitute-- 15 ' "gaming machine area" means any area in an approved venue that is approved by the Authority under Part 2A as an area in which a licensee is permitted to install a gaming machine;'. 20 (3) In section 3(1) of the Gaming Machine Control Act 1991, after the definition of "liquor" insert-- ' "loyalty scheme" means-- (a) a system, used in connection with the operation of gaming machines in 25 approved venues or a casino, in which the players of those gaming machines accumulate bonus, loyalty or reward points from playing the gaming machines; or 30 (b) any other system that tracks a player's expenditure on a gaming machine; 16 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 27 "loyalty scheme provider" means a person who conducts a loyalty scheme;'. (4) In section 3(1) of the Gaming Machine Control Act 1991, the definitions of "restricted area" and 5 "unrestricted area" are repealed. (5) In section 3(1) of the Gaming Machine Control Act 1991, after the definition of "sell" insert-- ' "spin" means a sequence of actions and states in a gaming machine initiated by a player 10 through a wagering of credits and terminated when all credits wagered have been lost or all winnings have been transferred to the gaming machine's total wins meter and the player's credit meter; 15 "spin rate", in relation to a gaming machine, means the interval between spins on the gaming machine;'. (6) In section 3 of the Gaming Machine Control Act 1991, after sub-section (4) insert-- 20 '(5) For the purposes of the definition of "loyalty scheme provider" in sub-section (1), a reference to a person includes a reference to the Trustees.'. 27. New section 9 inserted 25 After section 8 of the Gaming Machine Control Act 1991 insert-- "9. Gaming only permitted in gaming machine areas A venue operator must not allow a person to 30 play a game on a gaming machine that is not placed in a gaming machine area. Penalty: 1000 penalty units or imprisonment for 4 years or both.". 17 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 28 28. Ministerial directions (1) In section 12(1) of the Gaming Machine Control Act 1991-- (a) in paragraph (aa), after "approved venue in" 5 insert "the State or"; (b) for paragraph (c) substitute-- "(c) the bet limits to apply to gaming machines;". (2) In section 12(1)(d) of the Gaming Machine 10 Control Act 1991, after sub-paragraph (ii) insert-- "or (iii) a licence under Part I of the Racing Act 1958 is in force;". 15 (3) In section 12(1) of the Gaming Machine Control Act 1991, after paragraph (e) insert-- "(f) the criteria that the Authority must apply in determining whether to specify an area by notice under section 77B(4) or 77C(2) of this 20 Act or section 62AB(4), 62AC(2) or 81AAB(2) of the Casino Control Act 1991; (g) the conditions that the Authority must specify in a notice referred to in paragraph (f).". 25 29. Authority conferred by technician's licence and listing on the Roll (1) At the end of section 16 of the Gaming Machine Control Act 1991 insert-- "(2) A technician's licence also authorises the 30 licensee, subject to any conditions to which the licence is subject-- 18 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 29 (a) to test gaming equipment (within the meaning of the Casino Control Act 1991) for the purposes of the issue of certificates referred to in section 62 of 5 that Act; (b) to service, repair and maintain instruments, contrivances, hardware, software or equipment (within the meaning of the Gaming and Betting 10 Act 1994) and to test them for the purposes of the issue of certificates referred to in section 70 of that Act; (c) to service, repair and maintain interactive gaming equipment (within 15 the meaning of the Interactive Gaming (Player Protection) Act 1999) and to test that equipment for the purposes of the issue of certificates referred to in section 10 of that Act.". 20 (2) In section 17 of the Gaming Machine Control Act 1991, at the end of paragraph (d) insert-- "; and (e) to enter into arrangements with persons seeking approval of gaming equipment 25 (within the meaning of the Casino Control Act 1991) to test the equipment for the purposes of the issue of certificates referred to in section 62 of that Act; and (f) to enter into arrangements with a licensee or 30 an operator or the holder of a permit (within the meaning of the Gaming and Betting Act 1994) to test instruments, contrivances, hardware, software or equipment (within the meaning of that Act) for the purposes of the 19 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 30 issue of certificates referred to in section 70 of that Act; and (g) to enter into arrangements with a licensed provider (within the meaning of the 5 Interactive Gaming (Player Protection) Act 1999) to test interactive gaming equipment (within the meaning of that Act) for the purposes of the issue of certificates referred to in section 10 of that Act.". 10 30. Nominee of licensee (1) In section 25A of the Gaming Machine Control Act 1991, for sub-sections (1), (2), (3) and (4) substitute-- "(1) Within 60 days, or the longer period allowed 15 by the Authority, after a venue operator that is a body corporate is notified under section 25(1) that it has been granted a licence, the venue operator must-- (a) nominate, for each approved venue, a 20 natural person to be responsible as licensee on behalf of the venue operator; and (b) apply to the Authority for approval under this section of the person 25 nominated. Penalty: 20 penalty units. (2) Within 60 days, or the longer period allowed by the Authority, after the conditions of the licence of a venue operator that is a body 30 corporate are amended by the addition of an approved venue under section 27(1)(a), the venue operator must-- (a) nominate, for that approved venue, a natural person to be responsible as 20 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 30 licensee on behalf of the venue operator; and (b) apply to the Authority for approval under this section of the person 5 nominated. Penalty: 20 penalty units. (3) Within 60 days, or the longer period allowed by the Authority, after-- (a) a venue operator is notified by the 10 Authority of a refusal to approve a person nominated under this section; or (b) a person nominated by the venue operator and approved by the Authority resigns, is dismissed or ceases to 15 manage or control the approved venue-- the venue operator must nominate another natural person to be responsible as licensee on behalf of the venue operator and apply to 20 the Authority for approval of the person nominated. Penalty: 20 penalty units. (4) A person nominated by a venue operator and approved by the Authority under this section 25 is liable under this Act as licensee in respect of the approved venue for which he or she was nominated. (4A) If a venue operator that is a body corporate does not have a person who has been 30 approved by the Authority under this section managing or controlling an approved venue, the directors or members of the committee of management of the body corporate (as the case requires) are severally liable under this 35 Act as licensee.". 21 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 30 (2) In section 25A of the Gaming Machine Control Act 1991, after sub-section (9) insert-- "(10) A person who-- (a) was managing or controlling an 5 approved venue immediately before the commencement of section 30 of the Gaming Legislation (Amendment) Act 2002; and (b) was nominated by a venue operator and 10 approved by the Authority under this section as in force immediately before that commencement-- is taken, after that commencement, to have been nominated by the venue operator and 15 approved by the Authority under this section as amended by that section 30. (11) If a venue operator that is a body corporate does not, at the commencement of section 30 of the Gaming Legislation (Amendment) 20 Act 2002, have a person managing or controlling an approved venue who was nominated by the venue operator and approved by the Authority under this section as in force immediately before that 25 commencement, the venue operator must, within 60 days, or the longer period allowed by the Authority, after that commencement-- (a) nominate, for the approved venue, a 30 natural person to be responsible as licensee on behalf of the venue operator; and 22 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 31 (b) apply to the Authority for approval under this section of the person nominated. Penalty: 20 penalty units.". 5 31. Amendment of conditions In section 27(2A)(c) of the Gaming Machine Control Act 1991, after "(1A)" insert "or an amendment to increase the number of gaming machines permitted in an approved venue". 10 32. Application to casino (1) In section 32(2) of the Gaming Machine Control Act 1991, before "29" insert "9,". (2) In section 32(2) of the Gaming Machine Control Act 1991-- 15 (a) omit "69, 70,"; (b) for "78, 79" substitute "78(1), 79(1) and (2)". (3) In section 32(2) of the Gaming Machine Control Act 1991, after "80," insert "81A, 81B,". 20 33. Technician's licences and Roll of Suppliers (1) In section 57 of the Gaming Machine Control Act 1991, for the definition of "technician" substitute-- ' "technician" means a person who-- 25 (a) services, maintains or repairs-- (i) gaming equipment; or (ii) instruments, contrivances, hardware, software or equipment (within the meaning of the 30 Gaming and Betting Act 1994); or 23 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 33 (iii) interactive gaming equipment (within the meaning of the Interactive Gaming (Player Protection) Act 1999); or 5 (b) tests-- (i) gaming equipment or games for the purposes of the issue of certificates referred to in section 69 or 75B; or 10 (ii) gaming equipment (within the meaning of the Casino Control Act 1991) for the purposes of the issue of certificates referred to in section 62 of that Act; or 15 (iii) instruments, contrivances, hardware, software or equipment (within the meaning of the Gaming and Betting Act 1994) for the purposes of the issue of 20 certificates referred to in section 70 of that Act; or (iv) interactive gaming equipment (within the meaning of the Interactive Gaming (Player 25 Protection) Act 1999) for the purposes of the issue of certificates referred to in section 10 of that Act; or (c) performs other prescribed duties.'. 30 (2) In section 63 of the Gaming Machine Control Act 1991, for sub-section (1A) substitute-- "(1A) A person may apply to the Authority to be listed on the Roll if the person supplies or 24 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 34 intends to supply testing services to any of the following-- (a) gaming operators or manufacturers or suppliers; 5 (b) persons seeking approval of gaming equipment (within the meaning of the Casino Control Act 1991); (c) licensees or operators or holders of permits (within the meaning of the 10 Gaming and Betting Act 1994); (d) licensed providers (within the meaning of the Interactive Gaming (Player Protection) Act 1999).". (3) In section 65 of the Gaming Machine Control 15 Act 1991, after sub-section (2) insert-- "(3) In determining whether to grant an application by a person referred to in section 63(1A), in addition to the matters referred to in sub-section (2), the Authority 20 must consider-- (a) the technical competence of the applicant; and (b) whether the applicant has any connection to, or relationship with, a 25 supplier or manufacturer listed on the Roll that would make it inappropriate for the applicant to be listed on the Roll.". 34. Contracts between gaming operators and venue 30 operators (1) In section 68(1) of the Gaming Machine Control Act 1991, for the definition of "relevant contract" substitute-- 25 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 35 ' "relevant contract" means a contract between a gaming operator and a venue operator for the supply and operation of gaming machines.'. (2) In section 68 of the Gaming Machine Control 5 Act 1991, for sub-section (2) substitute-- "(2) A gaming operator must not enter into a relevant contract unless the contract is-- (a) in accordance with a form approved by the Authority; or 10 (b) approved by the Authority before it is entered into. Penalty: 100 penalty units.". (3) In section 68 of the Gaming Machine Control Act 1991, after sub-section (3) insert-- 15 "(4) A relevant contract entered into in contravention of sub-section (2) is void.". 35. New section 68A inserted After section 68 of the Gaming Machine Control Act 1991 insert-- 20 "68A. Director's standards for gaming machine types and games (1) The Director, with the approval of the Minister, may from time to time make and amend standards for gaming machine types 25 and games. (2) Before making or amending a standard, the Director must consult-- 26 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 36 (a) each manufacturer or supplier of gaming machines who is listed on the Roll; and (b) each gaming operator; and 5 (c) each casino operator. (3) The Director must publish each standard, and each amendment to a standard, in the Government Gazette. (4) A standard, or an amendment to a standard, 10 comes into force 6 months after the day on which it is published or at such later time specified in it.". 36. Approval of gaming machine types and games (1) In section 69 of the Gaming Machine Control 15 Act 1991, for sub-section (3) substitute-- "(3) The Authority may approve or refuse to approve a gaming machine type or a game, having regard to-- (a) player return, game fairness and 20 security and responsible gambling; and (b) any standards in force under section 68A; and (c) the certificate of a person listed on the Roll, being a person referred to in 25 section 63(1A).". (2) In section 69 of the Gaming Machine Control Act 1991, sub-sections (4) and (5AA) are repealed. (3) In section 69 of the Gaming Machine Control 30 Act 1991, for sub-section (5B) substitute-- "(5B) The Authority may approve or refuse to approve a variation to a gaming machine type or a game, having regard to-- 27 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 37 (a) player return, game fairness and security and responsible gambling; and (b) any standards in force under section 68A; and 5 (c) the certificate of a person listed on the Roll, being a person referred to in section 63(1A). (5BA) An approval under sub-section (3) or (5B) is subject to the conditions (if any) imposed by 10 the Authority.". (4) In section 69(5C) of the Gaming Machine Control Act 1991, after "gaming operator" insert "or casino operator". (5) In section 69 of the Gaming Machine Control 15 Act 1991, after sub-section (6B) insert-- "(7) A gaming machine type or game lawfully used in an approved venue immediately before the commencement of section 36(1) of the Gaming Legislation (Amendment) 20 Act 2002 is deemed to be approved under this section.". (6) At the end of section 69 of the Gaming Machine Control Act 1991 insert-- "(8) A gaming machine type or game lawfully 25 used in a casino immediately before the commencement of section 36(4) of the Gaming Legislation (Amendment) Act 2002 is deemed to be approved under this section.". 30 37. Withdrawal of approval (1) In section 70 of the Gaming Machine Control Act 1991-- 28 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 38 (a) in sub-section (2)(b), for "and gaming operators" substitute ", gaming operators and casino operators"; (b) in sub-section (3), after "gaming operator" 5 insert "or casino operator". (2) In section 70 of the Gaming Machine Control Act 1991, after sub-section (5) insert-- "(5A) Subject to sub-section (3), a casino operator must not permit a gaming machine to be 10 played in the casino if-- (a) the machine is of a type in respect of which the Authority has withdrawn approval under sub-section (1); and (b) notice has been given to the casino 15 operator under sub-section (2). Penalty: 1000 penalty units. (5B) Subject to sub-section (3), a casino operator must not permit a game to be played in the casino if-- 20 (a) the Authority has withdrawn approval of that game under sub-section (1); and (b) notice has been given to the casino operator under sub-section (2). Penalty: 1000 penalty units.". 25 38. New sections 77B and 77C inserted After section 77A of the Gaming Machine Control Act 1991 insert-- 29 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 "77B. Banning large denomination note acceptors and autoplay facilities (1) A gaming operator must not allow a game to be played on a gaming machine that accepts 5 banknotes with a denomination greater than $50. Penalty: 20 penalty units. (2) A gaming operator must not allow a game to be played on a gaming machine unless each 10 spin can be initiated only by a distinct and separate activation of the machine by the player (whether by pushing a play button, touching the screen or otherwise). Penalty: 20 penalty units. 15 (3) Sub-sections (1) and (2) do not apply, before 1 January 2008, to a game that was approved by the Authority before 1 January 2003. (4) Sub-sections (1) and (2) do not apply to a game played on a gaming machine located in 20 an area specified by notice of the Authority published in the Government Gazette if the gaming operator complies with the conditions, if any, specified in the notice. 77C. Spin rates 25 (1) A gaming operator must not allow a game to be played on a gaming machine if the spin rate of the game is less than 214 seconds. Penalty: 20 penalty units. (2) Sub-section (1) does not apply to a game 30 played on a gaming machine located in an area specified by notice of the Authority published in the Government Gazette if the gaming operator complies with the conditions, if any, specified in the notice.". 30 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 39 39. Authority's rules (1) In section 78(1)(a), (b) and (c) of the Gaming Machine Control Act 1991, for "restricted areas" substitute "gaming machine areas". 5 (2) In section 78(1) of the Gaming Machine Control Act 1991-- (a) in paragraph (f), after "winnings" insert "from gaming in an approved venue"; (b) in paragraph (g), after "gaming" insert "in an 10 approved venue". (3) In section 78 of the Gaming Machine Control Act 1991, after sub-section (1) insert-- "(1A) The Authority may make rules for or with respect to-- 15 (a) procedures for the resolution of disputes concerning payment of winnings from gaming in a casino; and (b) any other matter relevant to the conduct of gaming in a casino.". 20 (4) In section 78 of the Gaming Machine Control Act 1991-- (a) in sub-section (2), after "sub-section (1)" insert "or (1A)"; (b) in sub-section (3), for "venue operator of 25 rules made under this section" substitute "venue operator or casino operator of rules made under this section that apply to the venue operator or casino operator"; (c) in sub-section (5), after "sub-section (1)" 30 insert ", (1A)". (5) In section 79 of the Gaming Machine Control Act 1991, after "section 78" (where twice 31 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 40 occurring) insert "that apply to the venue operator". (6) In section 79 of the Gaming Machine Control Act 1991, after sub-section (2) insert-- 5 "(3) A casino operator must display in a prominent place in the casino a copy of rules made by the Authority under section 78 that apply to the casino operator as in force from time to time. 10 Penalty: 25 penalty units. (4) A casino operator must enforce or cause to be enforced rules made under section 78 that apply to the casino operator. Penalty: 25 penalty units.". 15 40. New sections 81A and 81B inserted After section 81 of the Gaming Machine Control Act 1991 insert-- "81A. Limiting withdrawals and advances from cash facilities 20 (1) A venue operator must not provide, or allow another person to provide, cash facilities in the approved venue that allow a person to obtain by means of those facilities, in any one transaction on any one debit or credit 25 card, an amount of cash exceeding $200. Penalty: 50 penalty units. (2) A venue operator must not allow a person to obtain from a cash facility in the approved venue a cash advance from a credit account. 30 Penalty: 50 penalty units. 81B. Payment of winnings and cashing of cheques 32 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 41 (1) A venue operator or gaming operator must not pay out, or allow another person to pay out, winnings or accumulated credits exceeding $2000 from a gaming machine to 5 a person except by cheque. Penalty: 50 penalty units. (2) A venue operator or gaming operator must, at the request of a person, pay out any winnings or accumulated credits from a 10 gaming machine to the person by cheque. Penalty: 50 penalty units. (3) A venue operator or gaming operator must not, at an approved venue, give, or allow another person to give, a person cash or 15 gaming tokens in exchange for a cheque drawn on an account of the venue operator or gaming operator to enable that person to play a gaming machine in the approved venue. Penalty: 50 penalty units.". 20 41. New sections 82A to 82F inserted After section 82 of the Gaming Machine Control Act 1991 insert-- '82A. Loyalty schemes (1) A loyalty scheme provider must not allow a 25 person to participate in a loyalty scheme unless-- (a) the provider has given the person a written statement-- (i) informing the person of his or her 30 rights under sub-section (2); and (ii) containing the prescribed information; and 33 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 41 (b) the person has agreed to receive player activity statements relating to the playing of games under the scheme. Penalty: 20 penalty units. 5 (2) A participant in a loyalty scheme may at any time, by notifying the loyalty scheme provider, set-- (a) a limit on the amount of time, in any 24 hour period determined by the 10 provider, that the participant may play games under the scheme; (b) a limit on the participant's net loss on games played under the scheme in any 24 hour period determined by the 15 provider; (c) if the participant has set a limit under paragraph (b), a limit on the participant's net loss on games played under the scheme in any year 20 determined by the provider. (3) If the participant has previously set a limit under sub-section (2), any new limit set by the participant that increases the amount of time or net loss does not take effect until the 25 time determined by the loyalty scheme provider, which must be at least 24 hours after the participant has notified the loyalty scheme provider of the new limit. (4) A loyalty scheme provider must not allow a 30 participant to continue playing games under the scheme after a limit set by the participant under sub-section (2) has been reached. Penalty: 20 penalty units. 34 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 41 (5) A loyalty scheme provider must not knowingly allow an excluded person to participate in the scheme at a casino. Penalty: 20 penalty units. 5 (6) A loyalty scheme provider must not knowingly allow a person who has excluded themselves from an approved venue to participate in the scheme at that approved venue. 10 Penalty: 20 penalty units. (7) A loyalty scheme provider who conducts a loyalty scheme at a casino must remove a participant from the scheme if the participant becomes an excluded person. 15 Penalty: 20 penalty units. (8) In this section-- "excluded person" means a person who is the subject of an exclusion order or interstate exclusion order (within the 20 meaning of the Casino Control Act 1991). 82B. Player activity statements (1) At least once each year, a loyalty scheme provider must provide each participant in the 25 scheme with a player activity statement containing the prescribed information-- (a) by sending the statement to the participant by post, fax, e-mail or other electronic communication; or 30 (b) by making the statement available for collection by the participant-- 35 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 41 (i) if the provider is a venue operator--at the approved venue; or (ii) if the provider is a casino 5 operator--at the casino; or (iii) in any other case--at an approved venue nominated by the participant-- at the election of the participant. 10 Penalty: 20 penalty units. (2) If the participant has elected to collect his or her player activity statement from an approved venue or casino, the loyalty scheme provider must, within 7 days after 15 the statement is prepared, send the participant, by post, fax, e-mail or other electronic communication, notice that the statement is available for collection. Penalty: 20 penalty units. 20 (3) A notice under sub-section (2) must advise the participant of the provisions of section 82C. (4) If a participant requests an additional copy of his or her player activity statement, the 25 loyalty scheme provider must provide it to the participant on payment of the fee (if any), not exceeding $20, determined by the provider. Penalty: 20 penalty units. 30 82C. Suspension of person who fails to collect their player activity statement 36 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 41 (1) This section applies to a participant in a loyalty scheme who has elected to collect his or her player activity statements from an approved venue or casino. 5 (2) If a participant does not collect his or her player activity statement within one month after the day on which notice of the availability of the statement is sent to the participant under section 82B(2), the loyalty 10 scheme provider must suspend the participant from the scheme until-- (a) the participant collects the statement; or (b) the participant is removed from the scheme under sub-section (3)-- 15 whichever is sooner. Penalty: 20 penalty units. (3) If a participant does not collect his or her player activity statement within 3 months after the day on which notice of the 20 availability of the statement is sent to the participant under section 82B(2), the loyalty scheme provider must remove the participant from the scheme. Penalty: 20 penalty units. 25 (4) A loyalty scheme provider must send written notice, by post, fax, e-mail or other electronic communication, to a participant who is suspended or removed from a loyalty scheme under this section. 30 Penalty: 20 penalty units. 82D. Opting out of loyalty schemes 37 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 41 (1) At least once each year, a loyalty scheme provider must send each participant in the scheme, by post, fax, e-mail or other electronic communication, a notice 5 informing the participant of his or her right, by informing the provider, to cease participating in the scheme. Penalty: 20 penalty units. (2) If the notice is sent by post, the loyalty 10 scheme provider must enclose a reply paid envelope with the notice. Penalty: 20 penalty units. (3) A loyalty scheme provider must remove a participant from the scheme if the participant 15 informs the provider (whether in response to a notice under sub-section (1) or otherwise) that the participant wishes to cease participating in the scheme. Penalty: 20 penalty units. 20 82E. No advertising to people suspended or removed from loyalty schemes (1) If a person has been removed from a loyalty scheme, the loyalty scheme provider must not knowingly send or direct by any means 25 advertising or other promotional material relating to gaming to the person. Penalty: 20 penalty units. (2) If a person has been suspended from a loyalty scheme, the loyalty scheme provider 30 must not knowingly send or direct by any means advertising or other promotional 38 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 material relating to gaming to the person during the period of suspension. Penalty: 20 penalty units. (3) For the purposes of sub-sections (1) and (2), 5 a loyalty scheme provider does not send or direct material to a person only because the provider makes the material available generally to members of the public. Examples 10 Examples of making material available generally to members of the public include publishing it on the Internet, television or other medium or displaying it on a billboard. 82F. Loyalty scheme participant information 15 (1) A loyalty scheme provider must allow a person who is or was a participant in the scheme, on payment of the fee (if any), not exceeding $20, determined by the provider, to have access to any information held by the 20 provider relating to the person's participation in the scheme. Penalty: 20 penalty units. (2) The Minister may from time to time direct a loyalty scheme provider to provide 25 information derived from the scheme, other than information that identifies, or is capable of identifying, any person who is or was a participant in the scheme-- (a) to the Panel; or 30 (b) to any other person or body for research purposes. 39 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 42 43 (3) A loyalty scheme provider must comply with a direction given under sub-section (2). Penalty: 100 penalty units.'. 42. Minors in gaming machine areas 5 In the Gaming Machine Control Act 1991-- (a) in sections 90, 92, 93(1) and 95, for "restricted area" (wherever occurring) substitute "gaming machine area"; (b) in section 96(1), for "restricted areas" 10 substitute "gaming machine areas"; (c) in section 97, for "restricted area" substitute "gaming machine area". 43. Delegation of disciplinary functions In section 107A(1A) of the Gaming Machine 15 Control Act 1991, after "Part 3" insert "or section 66". 44. Statement of reasons In section 114(6) of the Gaming Machine Control Act 1991, for "false" substitute 20 "substantially incomplete". 45. Accounts and records In section 132 of the Gaming Machine Control Act 1991, for sub-section (3) substitute-- "(3) Each operator must keep the accounting 25 records in the form required by the Authority and in a manner that will enable-- (a) true and fair financial statements and accounts to be prepared from time to time; and 40 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 47 (b) in the case of a venue operator, true and fair community benefit statements to be prepared under section 136AB-- and for those financial statements, accounts 5 and community benefit statements to be conveniently and properly audited. Penalty: 50 penalty units.". 46. Other returns by gaming operators In section 136 of the Gaming Machine Control 10 Act 1991, after sub-section (3B) insert-- "(3C) A gaming operator must inform a venue operator of the amounts paid by the gaming operator under sub-section (3)(c) in respect of gaming machines at the approved venue 15 of the venue operator.". 47. Declaration of different rate of return At the end of section 136A of the Gaming Machine Control Act 1991 insert-- '(2) If a licence referred to in section 12A(1)(b) 20 or (c) is in force in respect of an approved venue and-- (a) an audited community benefit statement lodged under section 136AB by the holder of the licence indicates that the 25 holder has made less than the required community benefit contribution; or (b) the holder of the licence has not lodged an audited community benefit statement under section 136AB within the time 30 required for lodgement-- the Authority may declare that the amounts payable by the gaming operator under section 136 in respect of the period of 41 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 48 12 months commencing on 1 January next following the making of the declaration are to be paid as if the licence were a licence referred to in section 12A(1)(a). 5 (3) The Authority must notify the licence holder and the gaming operator of a declaration under sub-section (2) on or before 1 December in the year in which the declaration is made. 10 (4) In determining whether a licence holder has made the required community benefit contribution, any amounts in respect of GST payable by the licence holder in respect of supplies for community purposes are to be 15 taken into account. (5) A gaming operator must inform a licence holder of any amounts paid by the gaming operator in accordance with a declaration under sub-section (2) in respect of the 20 licence holder. (6) In this section-- "community purposes" has the same meaning as in section 136AB; "gaming revenue" has the same meaning as 25 in section 136AB; "required community benefit contribution" in respect of a financial year means 81/3% of gaming revenue in respect of that financial year.'. 30 48. New section 136AB inserted After section 136A of the Gaming Machine Control Act 1991 insert-- '136AB. Community benefit statements 42 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 (1) In respect of each financial year commencing on or after 1 July 2003, each venue operator must prepare and lodge a community benefit statement with the 5 Authority in accordance with this section regarding the application of gaming revenue in the financial year to community purposes. Penalty: 50 penalty units. (2) A community benefit statement-- 10 (a) must be in a form approved by the Minister; and (b) must state whether the total of-- (i) the percentage (if any) of gaming revenue applied by the venue 15 operator in the financial year to community purposes; and (ii) the value of any non-financial contribution to community purposes (for example, voluntary 20 work) by or on behalf of the venue operator in the financial year, expressed as a percentage of the venue operator's gaming revenue in the financial year; and 25 (iii) any amount payable by a gaming operator in the financial year under a declaration made by the Authority under section 136A(2) in respect of the venue operator, 30 expressed as a percentage of the venue operator's gaming revenue in the financial year-- 43 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 48 is less than, equal to or greater than the required community benefit contribution (within the meaning given by section 136A(6)); 5 (c) must be audited; and (d) must be lodged on or before 30 September next following the financial year to which it relates. (3) The Minister, by order published in the 10 Government Gazette, must from time to time determine the kind of activities or purposes that constitute community purposes. (4) The Minister must give notice of an order under sub-section (3) to each venue operator. 15 (5) An order under sub-section (3) takes effect in the financial year next following the financial year in which it is published. (6) The Authority must publish on the Internet each statement lodged with it under this 20 section. (7) In determining the percentage of gaming revenue applied by a venue operator to community purposes, any amounts in respect of GST payable by the venue operator in 25 respect of supplies for community purposes are to be taken into account. (8) In this section-- "community purposes" means activities or purposes of a kind determined by the 30 Minister under sub-section (3); "gaming revenue" of a venue operator in respect of a financial year, means the total daily net cash balances, within the meaning given by section 136(5), of all 44 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 s. 49 52 gaming machines at the approved venue during the financial year.'. 49. Gambling Research Panel In section 138C of the Gaming Machine Control 5 Act 1991, sub-section (3) is repealed. 50. Secrecy In section 139 of the Gaming Machine Control Act 1991, after sub-section (4B) insert-- "(4C) Nothing in this section applies to prohibit or 10 restrict the provision of information referred to in section 82F(2) in accordance with a direction of the Minister under that section.". 51. Regulations In section 159(1) of the Gaming Machine 15 Control Act 1991-- (a) in paragraph (ua), after "gaming" insert "or that is generally associated with gaming"; (b) after paragraph (ub) insert-- "(uc) in relation to loyalty schemes-- 20 (i) information to be given to persons before joining the scheme; (ii) the provision to participants of player activity statements, including the details to be 25 included in those statements;". 52. Statute law revision (1) In section 12A(1) of the Gaming Machine Control Act 1991-- (a) omit "under the Liquor Control Reform 30 Act 1998"; 45 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 4--gaming machine control act 1991 (b) in paragraph (c), for "Part 1" substitute "Part I". (2) In section 136(3)(a) of the Gaming Machine Control Act 1991, for "or (d)" substitute "or (c)". 5 (3) In section 158(1) of the Gaming Machine Control Act 1991, omit "or 65(3)". __________________ 46 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 5--gaming no. 2 act 1997 s. 53 PART 5--GAMING NO. 2 ACT 1997 See: 53. New section 12K inserted Act No. 16/1997. After section 12J of the Gaming No. 2 Act 1997 Reprint No. 2 insert-- as at 28 August 5 "12K. Suspension of declaration 2001 and amending (1) The Authority, by giving written notice to a Act Nos community or charitable organisation, may 90/2000 and 11/2002. suspend a declaration made under this LawToday: Division in respect of the organisation if-- www.dms. dpc.vic. 10 (a) the Authority is considering whether to gov.au revoke the declaration; and (b) the Authority considers it in the public interest to suspend the declaration pending the making of a decision 15 whether or not to revoke it. (2) The Authority may at any time terminate a suspension under sub-section (1). (3) Unless terminated earlier by the Authority, a suspension under sub-section (1) is 20 terminated when-- (a) the Authority revokes the declaration under section 12I; or (b) the Authority decides not to revoke the declaration-- 25 whichever is earlier. (4) While a declaration is suspended under sub- section (1), the organisation to which it relates is not a community or charitable organisation for the purposes of Division 2.". 47 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 5--gaming no. 2 act 1997 s. 54 54. Expenses of entry in a trade promotion lottery (1) In section 27 of the Gaming No. 2 Act 1997, for paragraph (b) substitute-- "(b) the person complies with-- 5 (i) the condition in sub-section (2); and (ii) any other conditions that are prescribed for the purposes of this section.". (2) At the end of section 27 of the Gaming No. 2 Act 1997 insert-- 10 "(2) The conditions of entry to, or the manner of participation in, the trade promotion lottery must not require the entrant or another person to incur an expense per entry exceeding the amount determined from time 15 to time by the Governor in Council by Order published in the Government Gazette.". (3) In section 29 of the Gaming No. 2 Act 1997, for sub-section (3) substitute-- "(3) A permit is subject to-- 20 (a) the condition in sub-section (4); and (b) any other conditions that are prescribed for the purposes of this section; and (c) any other conditions the Director may impose. 25 (4) The conditions of entry to, or the manner of participation in, the trade promotion lottery must not require the entrant or another person to incur an expense per entry exceeding the amount determined from time 30 to time by the Governor in Council by Order published in the Government Gazette.". 48 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 5--gaming no. 2 act 1997 s. 55 55. Inspectors' powers In section 79 of the Gaming No. 2 Act 1997-- (a) in sub-section (2)-- (i) for "this section" substitute "this Act"; 5 (ii) for "10 days" substitute "a reasonable time"; (b) sub-section (5) is repealed. 56. New section 80A inserted After section 80 of the Gaming No. 2 Act 1997 10 insert-- '80A. Identification of inspectors (1) If a person proposing to exercise the functions of an inspector fails to produce on demand his or her identification card, the 15 person is not authorised to exercise those functions in relation to the person making the demand. (2) In this section-- "identification card"-- 20 (a) in relation to a person who is an inspector--means the identification card issued to the inspector under section 106(1) of the Gaming and Betting Act 25 1994; (b) in relation to a person who is a member of the police force-- means the person's police identification.'. 30 57. Retention of things seized In the Gaming No. 2 Act 1997, section 82 is repealed. 49 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 5--gaming no. 2 act 1997 s. 58 58. New section 83 substituted For section 83 of the Gaming No. 2 Act 1997 substitute-- "83. Offences relating to obstruction etc. of 5 inspectors A person must not-- (a) assault, obstruct, hinder, threaten, abuse, insult or intimidate an inspector or a member of the police force when 10 the inspector or member is exercising or attempting to exercise his or her functions under this Act; or (b) fail to produce for inspection any equipment or records in the possession 15 or under the control of the person when required so to do by an inspector or member of the police force in the exercise of his or her functions under this Act; or 20 (c) fail without reasonable excuse to attend before an inspector or member of the police force and answer questions or supply information when required so to do by the inspector or member in the 25 exercise of his or her functions under this Act; or (d) except with the permission of an inspector or member of the police force, take any equipment, money, 30 securities or records seized under the authority of this Act; or (e) fail to comply with an order under section 79(1)(e) to withdraw equipment from use; or 50 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 5--gaming no. 2 act 1997 s. 58 (f) prevent, directly or indirectly, a person from attending before an inspector or member of the police force, producing to an inspector or member any 5 equipment or records or answering any question of, or supplying any information to an inspector or member when that person is required to do so under this Act. 10 Penalty: 50 penalty units.". __________________ 51 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 6--interactive gaming (player protection) act 1999 s. 59 PART 6--INTERACTIVE GAMING (PLAYER PROTECTION) ACT 1999 See: 59. Approval of interactive gaming equipment Act No. 41/1999. In section 10 of the Interactive Gaming (Player Reprint No. 1 5 Protection) Act 1999, after sub-section (2) as at 13 September insert-- 2001 and amending Act "(3) In approving equipment under this section, No. 11/2002. the Authority may take into account the LawToday: www.dms. certificate of a person listed on the Roll of dpc.vic. 10 Suppliers under the Gaming Machine gov.au Control Act 1991, being a person referred to in section 63(1A) of that Act.". 60. New section 10A inserted After section 10 of the Interactive Gaming 15 (Player Protection) Act 1999 insert-- "10A. Licensed testers to test interactive gaming equipment A person must not employ, or cause to be employed, another person to service, 20 maintain or repair interactive gaming equipment unless the second-mentioned person holds a current technician's licence under the Gaming Machine Control Act 1991. 25 Penalty: 250 penalty units.". 61. Statement of reasons In section 67A(6) of the Interactive Gaming (Player Protection) Act 1999, for "false" substitute "substantially incomplete". __________________ 52 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 7--public lotteries act 2000 s. 62 PART 7--PUBLIC LOTTERIES ACT 2000 See: 62. Non-monetary prizes Act No. 73/2000 In section 3(1) of the Public Lotteries Act 2000, and in the definition of "public lottery" omit amending Act No. 5 "monetary". 44/2001. LawToday: www.dms. dpc.vic. gov.au 63. Offence not to comply with lottery rules In section 7 of the Public Lotteries Act 2000, for sub-section (2) substitute-- "(2) A licensee or an appointed subsidiary of a 10 licensee must not conduct a public lottery unless-- (a) lottery rules for the public lottery are in force; and (b) the public lottery is conducted in 15 accordance with those rules. Penalty: 100 penalty units.". 64. New section 14A inserted After section 14 of the Public Lotteries Act 2000 insert-- 20 "14A. Non-monetary prizes (1) If a licensee offers a non-monetary prize in a public lottery the licensee must also offer a monetary prize of equivalent value as an alternative to the non-monetary prize. 53 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. part 7--public lotteries act 2000 s. 64 (2) In determining whether a monetary prize is of equivalent value to a non-monetary prize, any amount in respect of GST payable in respect of the supply to which the prize 5 relates is to be taken into account.". 54 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
Gaming Legislation (Amendment) Act 2002 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 55 541268B.A1-5/6/2002 BILL LA AS SENT 22-10-2004
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