GAMING NO. 2 BILL 1997

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

GAMING NO. 2 BILL 1997

PARLIAMENT OF VICTORIA Gaming No. 2 Act 1997 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purpose 1 2. Commencement 2 3. Definitions 2 4. Community or charitable organisations 8 5. Application of Act 9 6. Calcutta Sweepstakes 10 PART 2--PROHIBITION ON LOTTERIES 13 7. Lotteries prohibited 13 8. Authorised raffles, lotteries etc. 13 9. Games at amusement centres, fetes, carnivals etc. 13 10. Offences in connection with illegal lotteries 14 11. Keeping a house etc. for purpose of a lottery 16 12. Participants in a lottery 16 PART 3--MINOR GAMING PERMIT 18 13. Minor gaming permit 18 14. Application for minor gaming permit 18 15. Determination of application 19 16. Nominee of organisation 19 17. Duration of minor gaming permit 20 18. Permit not required for raffle where prize value $5000 or less 20 19. Permit not required for some bingo sessions 21 20. No penalty for authorised activity 21 21. Minor gaming must be in accordance with permit etc. 22 22. Lucky envelopes must comply with prescribed standards 22 23. Lucky envelopes only to be supplied to permit holder 23 24. Bingo equipment must comply with prescribed standards 23 25. Bingo equipment only to be supplied to permit holder 23 26. Permit holder may contract with operator to conduct bingo 24 i 531089B.I1-18/3/97

Clause Page PART 4--TRADE PROMOTION LOTTERY PERMITS 26 27. No permit required if prize value $5000 or less 26 28. Application for permit to conduct a trade promotion lottery 26 29. Determination of application 27 30. Duration of permit 27 31. Offence 27 32. No penalty for authorised lottery 28 PART 5--BINGO CENTRES 29 Division 1--Bingo centre operators 29 33. Operator's licence 29 34. Application for operator's licence 29 35. Grounds for objection 30 36. Matters to be considered in determining applications 30 37. Investigation of application 31 38. Authority may require further information etc. 32 39. Updating of application 33 40. Issue and renewal of operator's licence 33 41. Effect of suspension 34 42. Licence document to be surrendered 34 43. Licence non-transferable 34 44. Amendment of conditions 34 45. Provisional operator's licence 36 46. Accounts 37 47. Returns to the Authority 37 48. On-going monitoring of associates 38 49. Gaming machines in bingo centres 39 50. Operator not to be venue operator or associate etc. 40 Division 2--Bingo employees 41 51. Employee's licence 41 52. Bingo employees to be licensed 41 53. Application for employee's licence 41 54. Updating application 42 55. Director may require further information 43 56. Application to be investigated 44 57. Determination of application 44 58. Conditions of licence 45 59. Persons licensed under other Acts 46 60. Identification 46 61. Provisional employee's licence 47 62. Duration of employee's licence 47 63. Renewal of employee's licence 47 ii 531089B.I1-18/3/97

Clause Page 64. Effect etc. of suspension 48 65. Termination of employment on suspension or cancellation of employee's licence 48 Division 3--General 49 66. Destruction of finger prints etc. 49 67. Costs of investigating applications 50 PART 6--INVESTMENT-RELATED LOTTERIES 51 68. Definitions 51 69. Premium accounts 51 70. Application for licence 52 71. Licence 52 72. Duration and renewal of licence 53 73. Cancellation and surrender of licence 53 74. Duty payable by licensee 55 75. Returns by licensees 56 76. Power to obtain information and evidence 56 PART 7--INSPECTORS 57 77. Rights of inspector in certain premises 57 78. Functions of inspectors 58 79. Powers of inspectors 58 80. Police have functions and powers of inspector 60 81. Search warrant 60 82. Return of items seized 61 83. Magistrates' Court may extend period 62 84. Protection against self-incrimination 62 PART 8--GENERAL 63 85. Refusal to issue licence or permit 63 86. Appeal against decision of Director 64 87. Review by AAT 64 88. Records 64 89. Banking 65 90. Amendment of conditions 66 91. Change in situation of holder of licence or permit 67 92. Cancellation etc. of licence or permit 67 93. False or misleading information 70 94. Infringement notice 71 95. Payment of penalty 71 96. Authority may hold inquiries 73 97. Representation 73 98. Evidence 73 iii 531089B.I1-18/3/97

Clause Page 99. Body corporate 75 100. Employees and agents 76 101. Partnerships and unincorporated associations 76 102. Forfeiture 77 103. Delegation 77 104. Secrecy 78 105. Regulations 79 PART 9--MISCELLANEOUS AMENDMENTS 81 106. Principal Act 81 107. Substitution of section 12 81 12. Common gaming houses 81 108. Repeal 82 109. Insertion of new sections 51 to 58C 82 51. Declaration of common gaming house 82 52. Application for rescission by owner etc. 83 53. Application for rescission by police 84 54. Notice in the Government Gazette 84 55. Other notices of declaration 85 56. Persons found etc. in declared common gaming house 86 57. Convicted persons found in declared common gaming house 87 58. No business to be carried on in declared common gaming house 88 58A. Liability of owner 88 58B. Liability of occupier 89 58C. Continuing offences 89 110. Persons found in gaming house 90 111. Repeal of Schedule 90 PART 10--CONSEQUENTIAL AMENDMENTS 91 112. Amendment of the Lotteries Gaming and Betting Act 1966 91 113. Amendment of the Gaming and Betting Act 1994 91 114. Amendment of the Gaming Machine Control Act 1991 92 115. Amendment of the Casino Control Act 1991 93 116. Amendment of the Liquor Control Act 1987 94 117. Amendment of the Fundraising Appeals Act 1984 94 118. Amendment of the Casino (Management Agreement) Act 1993 95 119. Amendment of the TT-Line Gaming Act 1993 95 120. Amendment of the Tobacco Act 1987 95 121. Repeal 95 PART 11--SAVING AND TRANSITIONAL PROVISIONS 96 122. Transitional 96 iv 531089B.I1-18/3/97

Clause Page 123. Saving 99 NOTES 100 v 531089B.I1-18/3/97

PARLIAMENT OF VICTORIA A BILL to revise the law relating to minor gaming, to make consequential and other amendments to the Lotteries Gaming and Betting Act 1966 and for other purposes. Gaming No. 2 Act 1997 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to revise the law relating to the regulation, supervision and control 5 of minor gaming with the aims of ensuring that-- (a) minor gaming is conducted honestly and is free from criminal influence and exploitation; 1 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 2 Act No. (b) activities authorised by a minor gaming permit issued under this Act benefit the community or charitable organisation to which the permit is issued; 5 (c) practices which could undermine public confidence in minor gaming are eliminated; (d) bingo centre operators do not act unfairly in providing commercial services to community or charitable organisations. 10 2. Commencement (1) Section 1 and this section come into operation on the day on which this Act receives the Royal Assent. (2) Section 114(1) is deemed to have come into 15 operation on 3 June 1994. (3) Subject to sub-section (4), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (4) If a provision referred to in sub-section (3) does 20 not come into operation before 31 March 1998, it comes into operation on that day. 3. Definitions In this Act-- "amend", in relation to a permit or licence, 25 includes amend or substitute or impose a condition on the permit or licence; "Authority" means the Victorian Casino and Gaming Authority established under the Gaming and Betting Act 1994; 30 "bank" means a bank within the meaning of the Banking Act 1959 of the Commonwealth or a bank constituted by a law of the State or of the Commonwealth; 2 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 3 Act No. "bingo" means the game of bingo or any similar game; "bingo centre" means a house or place in which there is regularly conducted more than 7 5 sessions of bingo within a period of 7 consecutive days; "bingo employee" means a natural person who is carrying out prescribed duties in a bingo centre; 10 "club" includes club, society or other association of persons by whatever name called and whether incorporated or unincorporated; "community or charitable organisation" means an organisation declared to be a community 15 or charitable organisation under section 4; "community purpose" means-- (a) any philanthropic or benevolent purpose, including the promotion of art, culture, science, religion, education or 20 charity, and including the benefiting of a fund certified to be a patriotic fund under section 24 of the Patriotic Funds Act 1958 or the fund or part of the fund of the Australian Red Cross Society; or 25 (b) any sporting or recreational purpose, including the benefiting of any sporting or recreational club or association; "Director" means the Director of Gaming and 30 Betting appointed under the Gaming and Betting Act 1994; "employee's licence" means a licence issued by the Director under section 57; 3 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 3 Act No. "financial institution" means-- (a) a bank; or (b) a credit union within the meaning of the Financial Institutions (Victoria) Act 5 1992; or (c) a friendly society within the meaning of the Friendly Societies Act 1986; (d) a building society within the meaning of the Financial Institutions 10 (Victoria) Act 1992; "fundraising function" means a function conducted by a community or charitable organisation for the purpose of raising money for the organisation and at which 15 unlawful games are played; "gaming" includes playing games for a wager or stake of money or a valuable thing and also betting on the sides or hands of those who play at games; 20 "gross receipts", in relation to a bingo game or a session of bingo games, means the total amount paid by players in that game or session for tickets; "infringement" means an offence against this 25 Act that is prescribed for the purposes of section 94; "inspector" means an inspector appointed under Part 10 of the Gaming and Betting Act 1994; 30 "instrument of gaming" includes-- (a) a document; or (b) playing cards, dice, balls, coins, tokens or counters; or 4 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 3 Act No. (c) a card, list, money, paper, record, sheet, table, ticket or other writing; or (d) a mechanical, electrical, telephonic, electronic or other equipment or device 5 or access to such equipment or device; or (e) a board, chart or screen; or (f) any form or means of recording, storing or transmitting information or data-- 10 used, apparently used or capable of being used in carrying on or in connection with betting or gaming; "licensed premises" has the same meaning as in the Liquor Control Act 1987; 15 "lottery" includes-- (a) any scheme by which prizes of money or of any other property, matter or thing are, or are proposed to be, drawn or won by lot, dice or any other mode 20 of chance or by reference to any event or contingency dependent on chance; or (b) any scheme in which any such prizes are, or are proposed to be, given and in which at any stage the persons eligible 25 to receive the prizes or to participate further in the scheme are, or are to be, determined by lot, dice or any other mode of chance or by reference to any event or contingency dependent on 30 chance despite that at an earlier or later stage a test of knowledge or skill is or may be required to be passed by any person in order to qualify him or her to receive a prize or to participate further 35 in the scheme-- 5 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 3 Act No. whether the scheme is real or pretended or is established or conducted, or intended or proposed to be established or conducted, and in any case whether wholly or partly in 5 Victoria or elsewhere, but does not include any distribution of property or money or raffle such as is referred to in section 5; "lucky envelope" means a ticket in a lottery in which the tickets which entitle the holders to 10 claim a prize have been determined and announced before the commencement of the sale of tickets in the lottery; "lucky envelope vending machine" means a machine, device or contrivance that is 15 constructed to dispense lucky envelopes by an operation that involves the insertion in the machine, device or contrivance of a coin, token or similar object but does not include a gaming machine within the meaning of the 20 Gaming Machine Control Act 1991; "money" includes bank notes, bank drafts, cheques and any order, warrant, authority or request for the payment, collection or receipt of money; 25 "newspaper" includes a newspaper printed in any part of the Commonwealth; "notice" includes advertisement, sign and notification; "operator", in relation to a bingo centre, means 30 the natural person who has the management or control of the bingo centre; "operator's licence" means a licence to operate a bingo centre issued by the Authority under section 40; 6 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 3 Act No. "organisation" includes body corporate, unincorporated association and partnership; "person" includes a body or association (corporate or unincorporated) and a 5 partnership; "political party" means a political party registered under The Constitution Act Amendment Act 1958; "raffle"-- 10 (a) means any lottery by which any property, matter or thing (not including money, stocks or shares or any warrant, order or security for the payment of money) is assigned by the drawing of 15 lots or by any other method of chance to one or more of a number of persons each of whom has paid a certain sum for a chance of taking or participating in such assignment; and 20 (b) despite paragraph (a), includes any lottery in which money is assigned if-- (i) the money is part of a prize which includes travel or accommodation or both; and 25 (ii) the value of the money assigned does not exceed 10% of the total value of the prize or any other amount that is approved by the Authority in writing in a particular 30 case; "random number generator" means a machine or device that is so designed that it may be used to select random numbers; 7 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 4 Act No. "sporting contingency" includes any event or contingency of or relating to a horse race or other race, fight, game, sport or exercise; "ticket" includes any document or thing 5 purporting to be, or usually or commonly known as, a ticket or giving, or purporting to give, or usually or commonly understood to give, any right, title, chance, share, interest, authority or permission in or in connection 10 with a lottery, or intended or proposed lottery, or any game; "unlawful game" means a game declared to be an unlawful game by section 11 of the Lotteries Gaming and Betting Act 1966. 15 4. Community or charitable organisations (1) For the purposes of this Act, the Authority may by instrument declare an organisation to be a community or charitable organisation if the Authority is satisfied that the organisation is 20 conducted in good faith for-- (a) a purpose coming within paragraph (a) of the definition of "community purpose"; or (b) the purposes of any sporting or recreational club or association of a prescribed kind; or 25 (c) the purposes of a political party. (2) In determining whether to make a declaration under sub-section (1), the Authority may have regard to any matter which it considers relevant. (3) An organisation that wishes to be declared to be a 30 community or charitable organisation must, if the Authority so requests in writing, provide to the Authority any information or documents specified by the Authority, including written authority to a financial institution, to enable the Authority to 8 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 5 Act No. determine whether to make a declaration under sub-section (1). 5. Application of Act (1) Neither this Act nor any other Act for the 5 prevention of lotteries or unlawful games applies to any of the following-- (a) the distribution of property among its owners if-- (i) the property is capable of being fairly 10 apportioned among all the owners; and (ii) the property is proposed to be apportioned equally so far as practicable among all the owners; (b) a scheme-- 15 (i) which is not for the promotion of a trade or business; and (ii) in which all participation is gratuitous; (c) a private raffle among persons engaged in common employment under the same 20 employer if-- (i) the net proceeds of the raffle are intended to be appropriated to the provision of amenities for persons in that employment; and 25 (ii) the value of the prize does not exceed $5000; (d) a competition based on predicting the results of a sporting event or to a sweepstake if the competition or sweepstake-- 30 (i) is not of a commercial nature; and 9 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 6 Act No. (ii) does not result in the distribution of prizes having a total value of more than $5000; (e) a consultation or soccer football pool within 5 the meaning of the Tattersall Consultations Act 1958 which is conducted under and in accordance with that Act; (f) a club keno game within the meaning of the Club Keno Act 1993 which is conducted 10 under and in accordance with that Act; (g) a game within the meaning of the Casino Control Act 1991 or the Gaming Machine Control Act 1991 which is played under and in accordance with the relevant Act; 15 (h) an approved betting competition within the meaning of the Gaming and Betting Act 1994 which is conducted under and in accordance with that Act; (i) a Calcutta Sweepstake conducted by a club if 20 the club is authorised by an approval issued under section 6 and the conditions of the approval are observed. 6. Calcutta Sweepstakes (1) A club may apply to the Minister for approval to 25 conduct Calcutta Sweepstakes. (2) An application must be accompanied by the prescribed fee. (3) The Minister may issue an approval under this section and for that purpose may take into 30 account any matter that the Minister considers relevant. (4) Without limiting sub-section (3), the Minister may consider-- 10 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 6 Act No. (a) whether the club is conducted in good faith; and (b) whether the club has contravened any law relating to gaming or betting; and 5 (c) the types of sporting contingency on which the club wishes to conduct Calcutta Sweepstakes. (5) An approval is subject to the following conditions-- 10 (a) the Calcutta Sweepstakes may be conducted only with respect to sporting contingencies; (b) subscriptions may be canvassed or made only on the club premises; (c) participation must be limited to members and 15 their guests; (d) not more than 5% of the proceeds of each sweepstake may be retained by the club for its expenses of conducting the sweepstake and the whole of the remainder must be 20 distributed as prizes among the participants; (e) no written notice or advertisement of a Calcutta Sweepstake may be exhibited, distributed or published except a notice exhibited on the premises of the club and a 25 circular to members advising of the intention to conduct the sweepstake; (f) a Calcutta Sweepstake must be conducted in accordance with the regulations; (g) any other conditions that the Minister thinks 30 fit. (6) An approval under this section is not transferable to any other club. 11 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 6 Act No. (7) The Minister may suspend or revoke an approval for any just and reasonable cause stated in writing. (8) Without limiting sub-section (7), the Minister may suspend or revoke an approval if the holder of the 5 approval has contravened this Act, the Lotteries Gaming and Betting Act 1966, the regulations made under either Act or a condition of the approval. _______________ 10 12 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 7 Act No. PART 2--PROHIBITION ON LOTTERIES 7. Lotteries prohibited (1) Every lottery is declared by this section to be a common nuisance and contrary to law. 5 (2) A person must not-- (a) establish or conduct or assist in establishing or conducting a lottery; or (b) be a partner in a lottery; or (c) subject to section 9, under any pretence or by 10 means of any device sell or dispose of or endeavour to sell or dispose of any property of any kind or allot any prize of money by means of a game of chance or a game of mixed skill and chance. 15 Penalty: 100 penalty units. 8. Authorised raffles, lotteries etc. A person does not commit an offence against this Part in respect of anything done by that person for the purposes of a raffle, lottery or other activity 20 authorised by or under this or any other Act. 9. Games at amusement centres, fetes, carnivals etc. A person does not commit an offence against section 7(2)(c) if-- (a) the person, by means of a device or game 25 and in accordance with the prescribed standards and conditions, sells or disposes of, or endeavours to sell or dispose of, property or allots any prize of money at an amusement centre, tourist centre or 30 recreational centre, fete, fair, bazaar, carnival, gymkhana or similar function; and 13 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 10 Act No. (b) the value of the property or money to which each participant is entitled at each attempt does not exceed $50. 10. Offences in connection with illegal lotteries 5 (1) A person must not-- (a) publish or exhibit; or (b) cause or permit to be published or exhibited-- in a newspaper or broadcast telecast or on a notice 10 or by electronic means or otherwise any information relating to a lottery. Penalty: 100 penalty units. (2) A person must not sell, dispose of, circulate, distribute or exhibit a newspaper containing any 15 information relating to a lottery. Penalty: 100 penalty units. (3) A person must not permit or allow the printing or publication in a newspaper of which the person is registered as the proprietor, printer or publisher 20 any information relating to a lottery. Penalty: 100 penalty units. (4) A person must not permit or allow the publication in-- (a) a broadcast telecast; or 25 (b) an exhibition of a film-- under the management or control of the person of any information relating to a lottery. Penalty: 100 penalty units. (5) A person must not-- 30 (a) exhibit; or (b) permit or allow to be exhibited; or 14 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 10 Act No. (c) assist in exhibiting-- in, on or about any land, building or premises a document containing any information relating to a lottery. 5 Penalty: 100 penalty units. (6) A person must not print a ticket in a lottery. Penalty: 100 penalty units. (7) A person must not-- (a) sell or dispose of; or 10 (b) offer for sale or disposal; or (c) buy or pay for; or (d) deliver; or (e) give; or (f) knowingly receive; or 15 (g) accept-- a ticket in a lottery. Penalty: 50 penalty units. (8) It is a defence to a prosecution for an offence against sub-section (7)(d) to prove that there was 20 and is no consideration for the delivery. (9) A person must not, for payment or otherwise-- (a) forward; or (b) receive for forwarding-- whether directly or indirectly, a packet, parcel or 25 money relating to a lottery to a person-- (c) establishing or conducting the lottery; or 15 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 11 Act No. (d) assisting in establishing or conducting the lottery. Penalty: 100 penalty units. 11. Keeping a house etc. for purpose of a lottery 5 (1) A person must not keep a house or place for the purpose of conducting a lottery there, whether the house or place is used for any other purpose. Penalty: 100 penalty units. (2) A person must not knowingly allow a lottery to be 10 conducted in a house or place kept by the person. Penalty: 100 penalty units. 12. Participants in a lottery (1) A person must not-- (a) participate in a lottery; or 15 (b) contribute any money or other valuable property or thing to a sale or disposition of property by way of lottery. Penalty: 5 penalty units. (2) A person must not receive, or cause to be 20 received, any money or other valuable property or thing in consideration of the payment, transfer or gift of any money or other valuable property or thing in the event that a ticket or chance in a lottery will win a prize. 25 Penalty: 5 penalty units. (3) A person must not, whether with or without consideration and whether or not deception or fraud is involved, promise or agree-- (a) to pay, transfer or give any money or other 30 valuable property or thing for the benefit of a person; or 16 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 12 Act No. (b) to do or forbear doing anything for the benefit of a person-- on an event or contingency relating to the result of a lottery. 5 Penalty: 5 penalty units. _______________ 17 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 13 Act No. PART 3--MINOR GAMING PERMIT 13. Minor gaming permit Despite section 7, a minor gaming permit authorises the holder of the permit (being a 5 community or charitable organisation), subject to this Act and any conditions to which the permit is subject-- (a) to conduct a raffle; or (b) to conduct a session or sessions of bingo 10 games; or (c) to sell lucky envelopes; or (d) to conduct a fundraising function-- as specified in the permit. 14. Application for minor gaming permit 15 (1) An organisation which-- (a) is a community or charitable organisation; or (b) is seeking a declaration under section 4-- may apply to the Director for a minor gaming permit. 20 (2) An application for a minor gaming permit must-- (a) be in or to the like effect of the form approved by the Director; and (b) specify the activity which the organisation wishes to conduct under the permit and the 25 proposed date of the activity; and (c) nominate a natural person aged 18 years or more to be responsible under this Act, the regulations and the permit for the conduct of the activity; and 18 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 15 Act No. (d) include the consent of the nominee to his or her nomination; and (e) be accompanied by the prescribed fee in respect of that activity; and 5 (f) be lodged with the Director not less than 21 days (or any shorter period allowed by the Director in a particular case) before the day on which the activity is proposed to commence. 10 15. Determination of application (1) The Director must determine an application for a minor gaming permit having regard to-- (a) whether the applicant is a community or charitable organisation; and 15 (b) whether the person nominated by the applicant is of good repute and character. (2) The Director must either issue a minor gaming permit to the applicant or refuse the application and must notify the applicant in writing 20 accordingly. (3) A minor gaming permit is subject to-- (a) the prescribed conditions in respect of the activity authorised by the permit; and (b) any other conditions the Director may 25 impose. 16. Nominee of organisation (1) On the issue of a minor gaming permit to a community or charitable organisation, the natural person nominated by the organisation is 30 responsible on behalf of the organisation for the conduct of the activity specified in the permit and is liable under this Act as holder of the permit. 19 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 17 Act No. (2) If a nominated person resigns, is dismissed or leaves the community or charitable organisation-- (a) the organisation must nominate another natural person within 7 days (or any longer 5 period allowed by the Director in a particular case) after the resignation, dismissal or leaving; and (b) the directors of the organisation or the members of the managing committee of the 10 organisation (as the case may be) are severally liable under this Act as holder of the permit until such time as another person is nominated and approved by the Director. (3) The liability of the holder of a minor gaming 15 permit is not limited under this Act by the nomination and approval of its nominee except in respect of a contract entered into under section 26. 17. Duration of minor gaming permit A minor gaming permit remains in force for the 20 period not exceeding 2 years specified in the permit, unless sooner cancelled or surrendered. 18. Permit not required for raffle where prize value $5000 or less Despite the provisions of this Act or any other 25 Act, a person aged 18 years or more may conduct a raffle without a minor gaming permit if-- (a) the value of the prize does not exceed $5000; and (b) the person complies with any conditions 30 prescribed for the purposes of this section; and (c) the net proceeds of the raffle are to be paid into a separate account at a financial institution, being an account in the name of a 20 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 19 Act No. community or charitable organisation to be used exclusively for-- (i) a purpose coming within paragraph (a) of the definition of "community 5 purpose"; or (ii) the purposes of any sporting or recreational club or association of a prescribed kind; or (iii) the purposes of a political party. 10 19. Permit not required for some bingo sessions A minor gaming permit is not required to conduct a session of bingo games if-- (a) no fee is charged, directly or indirectly, to participate in the games; or 15 (b) the whole of the gross receipts from the session of bingo games is distributed as prizes during that session. 20. No penalty for authorised activity (1) Nothing in this Act or any other Act renders a 20 person liable to a penalty in respect of any act or thing done by that person-- (a) in furtherance of an activity authorised by or under this Part; and (b) in accordance with this Act, the regulations 25 and the conditions, if any, of that authorisation. (2) Despite the provisions of this or any other Act or any law, the playing of an unlawful game is lawful when the game is conducted in accordance 30 with the provisions of this Act. 21 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 21 Act No. (3) The conduct of an unlawful game in accordance with this Act, the regulations and the conditions of the minor gaming permit is not a public or private nuisance. 5 (4) The premises at which an unlawful game is played in accordance with a minor gaming permit is not a common gaming house for the purposes of the Lotteries Gaming and Betting Act 1966. 21. Minor gaming must be in accordance with permit etc. 10 A person must not-- (a) conduct or assist in the conduct of a raffle; or (b) conduct or assist in the conduct of a session of bingo games; or (c) sell or assist in the sale of lucky envelopes; 15 or (d) conduct or assist in the conduct of a fundraising function-- otherwise than in accordance with this Act, the regulations and the conditions, if any, of the minor 20 gaming permit issued in respect of that activity. Penalty: 20 penalty units for a first offence. 50 penalty units for a second or subsequent offence. 22. Lucky envelopes must comply with prescribed 25 standards (1) A person must not supply lucky envelopes which do not comply with the prescribed standards. Penalty: 50 penalty units. (2) The holder of a minor gaming permit must not sell 30 (whether by a lucky envelope vending machine or otherwise) lucky envelopes which do not comply with the prescribed standards. 22 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 23 Act No. Penalty: 50 penalty units. 23. Lucky envelopes only to be supplied to permit holder A person must not supply lucky envelopes to a person or organisation that does not hold a minor 5 gaming permit authorising the sale of lucky envelopes. Penalty: 50 penalty units. 24. Bingo equipment must comply with prescribed standards 10 (1) A person must not supply bingo tickets which do not comply with the prescribed standards. Penalty: 50 penalty units. (2) A person must not supply a random number generator for use in the playing of bingo which 15 does not comply with the prescribed standards. Penalty: 50 penalty units. (3) The holder of a minor gaming permit or the operator of a bingo centre must not use in the playing of bingo-- 20 (a) a bingo ticket; or (b) a random number generator-- which does not comply with the prescribed standards. Penalty: 50 penalty units. 25 25. Bingo equipment only to be supplied to permit holder A person must not supply-- (a) bingo tickets; or (b) a random number generator for use in the playing of bingo-- 30 23 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 26 Act No. to a person or organisation that does not hold a minor gaming permit authorising the conduct of a session or sessions of bingo games. Penalty: 50 penalty units. 5 26. Permit holder may contract with operator to conduct bingo (1) The holder of a minor gaming permit authorising the conduct of a session or sessions of bingo games may enter into an agreement with the 10 holder of an operator's licence for the conduct by the operator of bingo sessions at a bingo centre on behalf of the permit holder. (2) The agreement must provide for-- (a) compliance by the operator with all relevant 15 provisions of this Act; (b) the submission to the Director of periodic audited statements as required by or under this Act; (c) the retention of records as required by this 20 Act; (d) the provision to the permit holder of a copy of all documents submitted on its behalf to the Director by the operator; (e) the fees, not exceeding 2% of the gross 25 receipts for each session of bingo, to be paid to the operator in addition to the amount, which is the prescribed percentage of those gross receipts, paid for the expenses of a session of bingo games. 30 (3) The agreement may contain any other provisions that are not inconsistent with this Act. 24 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 26 Act No. (4) The permit holder must-- (a) give the Director a copy of an agreement entered into under this section; and (b) notify the Director of the termination of the 5 agreement. (5) If an agreement is entered into under this section, the operator is solely liable under this Act in all respects as if it were the permit holder. _______________ 10 25 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 27 Act No. PART 4--TRADE PROMOTION LOTTERY PERMITS 27. No permit required if prize value $5000 or less Despite the provisions of this Act or any other Act, a person may conduct a lottery for the 5 promotion of a trade or business without a permit under this Part if-- (a) the total value of the prizes does not exceed $5000; and (b) the person complies with the conditions, if 10 any, prescribed for the purposes of this section. 28. Application for permit to conduct a trade promotion lottery (1) A natural person may apply to the Authority for a 15 permit to conduct a lottery for the promotion of a trade or business. (2) An application for a permit must-- (a) be in or to the like effect of the form approved by the Authority; and 20 (b) include the consent to the application of the trade or business to be promoted by the lottery; and (c) be accompanied by the prescribed fee; and (d) be lodged with the Authority not less than 28 25 days (or any shorter period allowed by the Authority in a particular case) before the day on which entry in the lottery is proposed to commence. 26 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 29 Act No. 29. Determination of application (1) The Authority must determine an application for a permit under this Part having regard to-- (a) whether the applicant is of good repute, 5 having regard to character, honesty and integrity; and (b) whether the trade or business to be promoted by the lottery-- (i) is conducted in good faith; and 10 (ii) produces or sells a product or service other than a lottery. (2) The Authority must either issue a permit to the applicant or refuse the application and must notify the applicant in writing accordingly. 15 (3) A permit is subject to the prescribed conditions and any other conditions the Authority may impose. 30. Duration of permit A permit remains in force, unless sooner cancelled 20 or surrendered, for a period of 1 year or any other period determined by the Authority on the issue of the permit. 31. Offence A person must not conduct, or assist in the 25 conduct of, a lottery for the promotion of a trade or business other than in accordance with this Act, the regulations and the conditions, if any, of the permit authorising the lottery. Penalty: 50 penalty units for a first offence. 30 100 penalty units for a second or subsequent offence. 27 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 32 Act No. 32. No penalty for authorised lottery Nothing in this Act or any other Act renders a person liable to a penalty in respect of any act or thing done by that person-- 5 (a) in furtherance of a lottery for the promotion of a trade or business being a lottery the conduct of which is authorised by or under this Part; and (b) in accordance with this Act, the regulations 10 and the conditions, if any, of that authorisation. _______________ 28 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 33 Act No. PART 5--BINGO CENTRES Division 1--Bingo centre operators 33. Operator's licence The operator of a bingo centre must hold an 5 operator's licence. Penalty: 100 penalty units. 34. Application for operator's licence (1) The operator of a bingo centre may apply to the Authority for an operator's licence. 10 (2) An application for a licence must be made in or to the effect of the form approved by the Authority and must be accompanied by the prescribed fee. (3) The Authority may request the applicant to provide any additional information. 15 (4) Within 14 days of an application, an applicant must send a copy of the application to the relevant responsible authority within the meaning of the Planning and Environment Act 1987. (5) Within 14 days of an application, the applicant 20 must cause to be published in a newspaper circulating in the area and in a newspaper circulating generally in Victoria a notice containing the prescribed information and a statement that any person may object to the grant 25 of the licence by giving notice in writing to the Authority within 14 days of the date of publication and stating the grounds for the objection. (6) If a requirement made by this section is not 30 complied with, the Authority may refuse to consider the application. 29 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 35 Act No. 35. Grounds for objection (1) A person may object to the grant of an operator's licence on any of the following grounds-- (a) that the applicant is not of good repute 5 having regard to character, honesty and integrity; (b) that the applicant has a business association with a person, body or association who or which is not of good repute having regard to 10 character, honesty and integrity; (c) that a director, partner, trustee, executive officer, secretary or any other officer or person associated or connected with the ownership, administration or management of 15 the business of the applicant under this Act or the Gaming Machine Control Act 1991 is not a suitable person to act in that capacity. (2) The relevant authority may submit to the 20 Authority a report on the application within 14 days of the date of receipt of the copy of the application. (3) The Authority must consider every objection and report so made. 25 36. Matters to be considered in determining applications (1) The Authority must not grant an application for an operator's licence unless satisfied that-- (a) the applicant is a suitable person to be concerned in the management and operation 30 of a bingo centre; and (b) the applicant's premises are, or on the completion of building works will be, suitable for a bingo centre. 30 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 37 Act No. (2) In particular, the Authority must consider whether-- (a) the applicant is of good repute, having regard to character, honesty and integrity; 5 (b) the applicant is of sound and stable financial background; (c) the applicant has any business association with any person, body or association who or which, in the opinion of the Authority, is not 10 of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; (d) each director, partner, trustee, executive officer and secretary and any other officer or 15 person determined by the Authority to be associated or connected with the ownership, administration or management of the operations or business of the applicant under this Act or the Gaming Machine Control 20 Act 1991 is a suitable person to act in that capacity; (e) the size, layout and facilities of the applicant's premises are or will be suitable; (f) the proposed security arrangements are or 25 will be adequate. 37. Investigation of application (1) On receiving an application for an operator's licence, the Authority must cause to be carried out all investigations and inquiries that it considers 30 necessary to enable it to consider the application properly. (2) If the Authority is investigating a person in relation to the person's suitability to be concerned in or associated with the management or operation 35 of a bingo centre, the person is required to consent 31 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 38 Act No. to having his or her photograph, finger prints and palm prints taken by the Authority. (3) The Authority must refer a copy of-- (a) the application; and 5 (b) any photograph, finger prints and palm prints; and (c) any supporting documentation-- to the Chief Commissioner of Police. (4) The Chief Commissioner of Police and the 10 Director must inquire into and report to the Authority on any matters concerning the application that the Authority requests. (5) The Authority may refuse to consider an application for an operator's licence if any person 15 from whom it requires a photograph, finger prints or palm prints under this section refuses to allow his or her photograph, finger prints or palm prints to be taken. 38. Authority may require further information etc. 20 (1) The Authority may, by notice in writing, require a person who is an applicant for an operator's licence or a person whose association with the applicant is, in the opinion of the Authority, relevant to the application to do any one or more 25 of the following-- (a) to provide, in accordance with directions in the notice, any information that is relevant to the investigation of the application and is specified in the notice; 30 (b) to produce, in accordance with directions in the notice, any records relevant to the investigation of the application that are specified in the notice and to permit examination of the records, the taking of 32 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 39 Act No. extracts from them and the making of copies of them; (c) to authorise a person described in the notice to comply with a specified requirement of 5 the kind referred to in paragraph (a) or (b); (d) to furnish to the Authority any authorities and consents that the Authority directs for the purpose of enabling the Authority to obtain information (including financial and 10 other confidential information) concerning the person from other persons. (2) If a requirement made under this section is not complied with, the Authority may refuse to consider the application concerned. 15 39. Updating of application (1) If a change occurs in the information provided in or in connection with an application for an operator's licence (including in any documents lodged with the application), before the 20 application is granted or refused, the applicant must without delay give the Authority written particulars of the change. Penalty: 50 penalty units. (2) When particulars of the change are given, those 25 particulars must then be considered to have formed part of the original application, for the purposes of the application of sub-section (1) to any further change in the information provided. 40. Issue and renewal of operator's licence 30 (1) The Authority may, on application, issue a licence to an operator of a bingo centre. (2) An operator's licence, unless previously suspended or revoked, remains in force for the 33 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 41 Act No. term not exceeding 5 years specified in the licence, unless sooner cancelled or surrendered. (3) On payment of the prescribed fee, an operator's licence may be renewed by the Authority for a 5 term not exceeding 5 years specified in the licence. (4) The Authority may refuse to issue an operator's licence or to renew an operator's licence. (5) If the Authority decides to refuse to issue, amend 10 or renew an operator's licence, it must send to the applicant a written notice of the refusal setting out the reasons for the refusal. (6) The Authority on issuing an operator's licence-- (a) must insert in it the prescribed conditions; 15 and (b) may insert in it any other conditions that the Authority thinks fit. 41. Effect of suspension During any period of suspension of an operator's 20 licence, the licensee is to be taken not to be the licensee except for the purposes of section 47. 42. Licence document to be surrendered If a document evidencing an operator's licence has been issued by the Authority and that licence is 25 amended, suspended or revoked, the licensee must surrender the document to an inspector on demand. 43. Licence non-transferable An operator's licence is not transferable to any 30 other person or bingo centre. 44. Amendment of conditions 34 531089B.I1-18/3/97

Gaming No. 2 Act 1997 Act No. (1) The Authority may amend the conditions of an operator's licence, other than the prescribed conditions, in accordance with this section. 35 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 45 Act No. (2) An amendment may be proposed-- (a) by the operator by requesting the Authority in writing to make the amendment and giving reasons for the request; or 5 (b) by the Authority by giving notice in writing of the proposed amendment and giving reasons to the operator. (3) The Authority must give the operator at least 28 days to make a submission to the Authority 10 concerning an amendment proposed by the Authority and must consider the submission made. (4) The operator may waive his or her right under sub-section (3) to make a submission concerning a proposed amendment by giving notice in writing 15 signed by the operator to the Authority. (5) The Authority must then decide whether to make the proposed amendment, either with or without changes from that originally proposed, and must notify the operator of its decision. 20 (6) An amendment proposed by the Authority must be in the public interest or for the proper conduct of bingo. (7) Any amendment that the Authority decides upon takes effect when notice of the decision is given to 25 the operator or on any later date that may be specified in the notice. 45. Provisional operator's licence (1) The Authority may grant a provisional operator's licence to a person in respect of a bingo centre. 30 (2) A provisional licence expires at the end of 90 days after its grant but may be renewed for a further period or successive periods of 90 days. 36 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 46 Act No. (3) A provisional licence may only be granted under sub-section (1) to enable an application for an operator's licence in respect of that bingo centre to be made. 5 46. Accounts (1) An operator must keep accounting records that correctly record and explain the transactions and financial position of the operations of the operator. 10 Penalty: 50 penalty units. (2) An operator must keep the accounting records in the form required by the Authority and in a manner that will enable true and fair financial statements and accounts to be prepared from time 15 to time and the financial statements and accounts to be conveniently and properly audited. Penalty: 50 penalty units. (3) An operator must, as soon as practicable after the end of each financial year, prepare financial 20 statements and accounts including-- (a) profit and loss accounts for the financial year; and (b) a balance-sheet as at the end of the financial year-- 25 that give a true and fair view of the financial operations of the operator. Penalty: 50 penalty units. 47. Returns to the Authority A person who holds an operator's licence must, 30 within 6 months after the issue of the licence, and then at 12 monthly intervals, send to the Authority a full and accurate statement in or to the effect of the form approved by the Director about all 37 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 48 Act No. sessions of bingo conducted at the bingo centre during the preceding 12 months. 48. On-going monitoring of associates (1) In this section, "associate", in relation to an 5 operator, means-- (a) a person, body or association referred to in sub-section (2)(a); or (b) a person referred to in sub-section (2)(b). (2) The Authority may from time to time 10 investigate-- (a) any person, body or association having a business association with the operator; or (b) any director, partner, trustee, executive officer, secretary or any other officer or 15 person determined by the Authority to be associated or connected with the ownership, administration or management of the operations or business of the operator under this Act or the Gaming Machine Control 20 Act 1991. (3) An operator must-- (a) notify the Authority in writing that a person, body or association is likely to become an associate as soon as practicable after the 25 operator becomes aware of the likelihood; and (b) ensure that a person, body or association does not become an associate except with the prior approval in writing of the Authority. 30 (4) If the Authority, having regard to the matters referred to in sub-section (5), determines that an associate is unsuitable to be concerned in or associated with the business of the operator, the 38 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 49 Act No. Authority may, by notice in writing, require the associate to terminate the association with the operator. (5) In particular, the Authority must consider whether 5 the associate-- (a) is of good repute, having regard to character, honesty and integrity; (b) is of sound and stable financial background; (c) has any business association with any 10 person, body or association who or which, in the opinion of the Authority, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources. 15 (6) If the association is not terminated within 14 days from the date of the notice referred to in sub- section (4), the Authority may by notice in writing, direct the operator to take all reasonable steps to terminate the association and the operator 20 must comply with the direction within 14 days or any longer period agreed with the Authority. (7) The Authority-- (a) may require an associate or a person likely to become an associate to consent to having his 25 or her photograph, finger prints and palm prints taken; and (b) must refer a copy of the photograph, finger prints and palm prints and any supporting documents to the Chief Commissioner of 30 Police. 49. Gaming machines in bingo centres An operator of a bingo centre must not permit a gaming machine within the meaning of the 39 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 50 Act No. Gaming Machine Control Act 1991 to be played at any time in premises included in the operator's licence. Penalty: 100 penalty units. 5 50. Operator not to be venue operator or associate etc. (1) An operator must not-- (a) hold a venue operator's licence or a gaming operator's licence under the Gaming Machine Control Act 1991 or under any 10 corresponding law of another State or a Territory; or (b) be an associate, within the meaning of that Act, of a venue operator or a gaming operator; or 15 (c) hold a casino licence under the Casino Control Act 1991 or under any corresponding law of another State or a Territory. (2) Until the beginning of the year 2000, sub-section 20 (1) does not apply to a person who immediately before the commencement of section 25 of the Lotteries Gaming and Betting (General Amendment) Act 1994-- (a) was the holder or an associate, within the 25 meaning of the Gaming Machine Control Act 1991, of the holder of a bingo centre operator licence; and (b) would have contravened sub-section (1) but for this sub-section. 30 40 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 51 Act No. Division 2--Bingo employees 51. Employee's licence An employee's licence authorises the licensee, subject to this Act and any conditions to which the 5 licence is subject, to carry out prescribed duties in a bingo centre. 52. Bingo employees to be licensed (1) A person must not exercise in a bingo centre any of the functions of a bingo employee except in 10 accordance with the authority conferred on the person by an employee's licence. Penalty: 50 penalty units. (2) An operator or licensee must not-- (a) employ a person to perform any function of a 15 bingo employee; or (b) allocate or permit or suffer to be allocated to a person the exercise of any function of a bingo employee-- unless the person is authorised by an employee's 20 licence to exercise the function concerned. Penalty: 50 penalty units. 53. Application for employee's licence (1) An application for an employee's licence must be in or to the effect of the form approved by the 25 Director and must be accompanied by-- (a) the prescribed fee; and (b) the documents, if any, that may be specified by the Director and required in the form of application; and 30 (c) a certificate by the operator who employs or is proposing to employ the applicant as to the 41 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 54 Act No. competence of the applicant to exercise the functions specified in the certificate. (2) The applicant is required to consent to having his or her photograph, finger prints and palm prints 5 taken by the Director. (3) The Director must refer a copy of the application and of any photograph, finger prints and palm prints and any supporting documentation to the Chief Commissioner of Police. 10 (4) The Chief Commissioner of Police must inquire into and report to the Director on any matters concerning the application that the Director requests. (5) An application for an employee's licence may not 15 be made by a person who is under the age of 18 years or is a person within a class of persons prescribed as being ineligible to apply for a licence. (6) If a requirement under this section is not complied 20 with, the Director may refuse to consider the application concerned. 54. Updating application (1) If a change occurs in the information provided in or in connection with an application for an 25 employee's licence (including in any documents lodged with the application) before the application is granted or refused, the applicant must without delay give the Director written particulars of the change. 30 Penalty: 50 penalty units. (2) When particulars of the change are given, those particulars are then to be considered to have formed part of the original application, for the purposes of the operation of sub-section (1) in 42 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 55 Act No. relation to any further change in the information provided. 55. Director may require further information (1) The Director may, by notice in writing, require a 5 person who is an applicant for an employee's licence or who, in the opinion of the Director, has some association or connection with the applicant that is relevant to the application to do any one or more of the following-- 10 (a) to provide, in accordance with directions in the notice, any information that is relevant to the investigation of the application and is specified in the notice; (b) to provide, in accordance with directions in 15 the notice, any records relevant to investigation of the application that are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies 20 of them; (c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b); (d) to furnish to the Director any authorities and 25 consents that the Director directs for the purpose of enabling the Director to obtain information (including financial and other confidential information) concerning the person and his or her associates from other 30 persons. (2) If a requirement made under this section is not complied with, the Director may refuse to consider the application. 43 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 56 Act No. 56. Application to be investigated The Director must investigate each application. 57. Determination of application (1) The Director must consider an application for an 5 employee's licence and must take into account the investigation under section 56 and any submission made by the applicant within the time allowed and must make an assessment of-- (a) the integrity, responsibility, personal 10 background and financial stability of the applicant; and (b) the general reputation of the applicant having regard to character, honesty and integrity; (c) the suitability of the applicant to perform the 15 type of work proposed to be performed by the applicant as a licensee. (2) The Director must determine the application by either issuing an employee's licence to the applicant or refusing the application and must 20 inform the applicant accordingly. (3) The Director is not required to give reasons for the decision but may give reasons if he or she thinks fit. (4) An employee's licence must specify the licensee's 25 name and the authority given by the licence, including the type of work that may be performed under the licence. (5) If, as a result of the investigation, the Director decides to refuse an application, the Director must 30 notify the applicant in writing of that decision. 44 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 58 Act No. (6) An applicant aggrieved by a decision of the Director under sub-section (2) may, within 14 days after receiving notice of the decision, appeal against the decision to the Authority. 5 (7) The appeal must be in writing and specify the grounds on which it is made. (8) Upon consideration of the grounds of appeal specified by the applicant, the Authority may confirm the Director's decision or order the 10 Director to issue an employee's licence. (9) The decision of the Authority must be communicated in writing to the Director, the appellant and the operator who employs or proposes to employ the appellant. 15 58. Conditions of licence (1) A licence is subject to any condition imposed by the Director and notified to the licensee on the issue of the licence or during its currency. (2) A condition of a licence may be varied or revoked 20 by the Director whether or not on application made to the Director by the licensee. (3) It is a condition of every licence that the licensee must not participate in the playing of bingo while on duty (including intervals for meals and other 25 rostered breaks arising in the course of duty) other than as required in the course of his or her employment. (4) A licensee must not contravene a condition of his or her licence. 30 Penalty applying to this sub-section: 50 penalty units. 45 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 59 Act No. 59. Persons licensed under other Acts (1) A person who holds-- (a) a special employee's licence issued under the Casino Control Act 1991; or 5 (b) a special employee's licence or a technician's licence issued under the Gaming Machine Control Act 1991-- may apply to the Director under this section for an employee's licence under this Division. 10 (2) An application under sub-section (1) must be accompanied by-- (a) the prescribed fee; and (b) a certificate by the casino operator, venue operator or gaming operator who employs or 15 employed the applicant as to the competence of the applicant to exercise the functions specified in the certificate. (3) The Director, if satisfied that the authority given to the applicant by a licence referred to in sub- 20 section (1)(a) or (b) is comparable to the authority conferred by an employee's licence under this Division, may issue such a licence to the applicant. 60. Identification 25 (1) A bingo employee must at all times while on duty wear identification of a kind approved by the Director in such manner as to be visible to other persons. (2) Identification worn by a bingo employee in 30 compliance with the Private Agents Act 1966 is sufficient compliance with this section. 46 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 61 Act No. (3) The Director may issue replacement identification to a bingo employee whose identification has been lost or destroyed. (4) An application for replacement identification must 5 be accompanied by-- (a) a statutory declaration as to the circumstances in which the identification was lost or destroyed; and (b) the prescribed fee, if any. 10 61. Provisional employee's licence (1) The Director may, pending a decision on an application for an employee's licence, grant the applicant a provisional licence. (2) A provisional licence is subject to any conditions 15 or restrictions of which the provisional licensee is notified by the Director when issuing the licence. (3) A provisional licence may be cancelled by the Director at any time and, unless sooner surrendered or cancelled, ceases to have effect on 20 the approval or refusal of the provisional licensee's application for a licence. (4) Subject to this section, this Division applies to a provisional licence as if it were an employee's licence. 25 62. Duration of employee's licence An employee's licence remains in force, unless sooner cancelled or surrendered, for a period not exceeding 3 years specified by the Director. 63. Renewal of employee's licence 30 (1) The holder of an employee's licence may, not earlier than 1 month before the expiration of his or her current licence, apply to the Director for a new licence, in which case-- 47 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 64 Act No. (a) the current licence continues in force until the new licence is issued or its issue is refused; and (b) if issued, the new licence must be taken to 5 have been granted on the day on which the current licence was due to expire and must be dated accordingly. (2) An application for a new licence must be made in a form approved by the Director and must be 10 accompanied by the prescribed fee. (3) This Division (except provisions relating to the form of an application) applies to and in relation to-- (a) an application under this section for a new 15 licence; and (b) the determination of such an application; and (c) any licence issued as a result of such an application-- as if the application had been made by a person 20 other than the holder of an employee's licence. 64. Effect etc. of suspension (1) During any period of suspension of an employee's licence, the employee is deemed not to be the holder of a licence. 25 (2) The Director may, at any time, terminate or reduce a period of suspension of an employee's licence. 65. Termination of employment on suspension or cancellation of employee's licence 30 If an operator receives written notice from the Director that the licence of an employee has been suspended or cancelled, or has otherwise ceased to be in force, the operator must, within 24 hours 48 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 66 Act No. after receiving the notice, terminate the employment that constitutes the exercise of the functions of a bingo employee or cause it to be terminated. 5 Penalty: 100 penalty units. Division 3--General 66. Destruction of finger prints etc. (1) Any finger prints or palm prints obtained by the Authority or the Director under this Part and any 10 copies of them must be destroyed by the Authority as soon as the Authority or the Director has no further use for them. (2) The Authority or the Director is to be considered to have no further use for finger prints or palm 15 prints when-- (a) they were obtained in connection with an application for an operator's licence or an employee's licence and the application is refused; or 20 (b) the licence in connection with which they were obtained is cancelled or surrendered (but is to be considered to have further use for them whenever the licence is in force). (3) A person who in connection with an application 25 for an operator's licence or an employee's licence has possession of finger prints or palm prints obtained by the Authority or the Director under this Part, or copies of them, must deliver them to the Authority in accordance with the directions of 30 the Authority, so as to enable the Authority to comply with sub-section (1). Penalty applying to this sub-section: 20 penalty units. 49 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 67 Act No. 67. Costs of investigating applications (1) The Authority may, by notice in writing, require an applicant for an operator's licence or an employee's licence to pay to the Authority such 5 amount as is determined by the Authority being an amount not exceeding the reasonable costs of investigation of the application. (2) The Authority may require costs payable under sub-section (1) to be paid by instalments or at any 10 time before, during or after the investigation, whether or not the application is granted. _______________ 50 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 68 Act No. PART 6--INVESTMENT-RELATED LOTTERIES 68. Definitions In this Part-- "premium account" means an account referred 5 to in section 69; "investment-related lottery" means a lottery-- (a) on premium accounts with a bank; and (b) in which the prize pool is the aggregate of interest earned on money held in 10 premium accounts with that bank and any other money paid in to the pool by the bank; "licensee" means a bank that holds a licence under this Part; 15 "Minister" means the Minister administering this Part or, if for the time being 2 or more Ministers administer this Part, any of those Ministers; "premium unit" means $100 or such other 20 amount as is specified in the licence. 69. Premium accounts (1) A person may open an account with a licensee for the purposes of this Part. (2) A licensee must ensure that an account opened 25 under sub-section (1) entitles the holder to make deposits in, or withdrawals from, the account as if it were a savings account with the licensee. (3) The holder of an account opened under sub- section (1) with a licensee is eligible for one 51 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 70 Act No. chance in each draw in an investment-related lottery for each premium unit held in the account during the whole of the month preceding the draw. (4) The licensee must pay a prize in accordance with 5 any instructions of the winner or to the credit of the premium account of the winner immediately after the draw. 70. Application for licence (1) A bank may apply to the Minister for a licence 10 under section 71. (2) An application must be in the form approved by the Minister and be accompanied by the prescribed fee. 71. Licence 15 (1) The Minister may on application grant to a bank a licence to conduct an investment-related lottery on premium accounts with the bank. (2) A licence is subject to the following conditions-- (a) the first draw of the investment-related 20 lottery will be held on the date specified in the licence and subsequent draws will be held on such day of each following month as is specified in the licence; (b) any terms and conditions of a premium 25 account, not inconsistent with this Act, must be approved by the Minister in writing; (c) any other conditions that the Minister thinks fit and specifies in the licence, including conditions for testing and approval of the 30 device used in or process followed to make a draw and conditions for supervision of the conduct of a draw and allocation of prizes. (3) The monthly prize pool in the investment-related lottery will comprise-- 52 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 72 Act No. (a) interest earned on the total amount in premium accounts held with the licensee, calculated at a rate from time to time determined in accordance with the licence; 5 and (b) any other money paid by the licensee into the pool. (4) A licensee must pay, within 14 days after demand being made in writing all reasonable costs of 10 testing and inspection of any device used in or process followed to make a draw in the investment-related lottery and supervision of the conduct of the draw and allocation of prizes. 72. Duration and renewal of licence 15 (1) A licence granted under section 71 remains in force for a period of 5 years unless sooner cancelled or surrendered. (2) A licensee may apply for renewal of a licence not earlier than 3 months before the expiration of its 20 licence. (3) An application for renewal must be accompanied by the prescribed fee. (4) The Minister may renew a licence for further periods of 5 years. 25 73. Cancellation and surrender of licence (1) A licence is cancelled if the licensee ceases to be a bank. (2) The Minister may serve on a licensee a notice in writing affording the licensee an opportunity to 30 show cause within 60 days why the licence should not be cancelled on any one or more of the following grounds-- (a) the licensee has contravened this Part or the regulations; 53 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 73 Act No. (b) the licensee has failed to comply with any condition of the licence; (c) the licensee has failed to pay by the due date any duty payable under section 71 or any 5 account in writing for costs of testing or inspection of the device or process or supervision of the conduct of the draw or allocation of prizes. (3) If the Minister decides that there are grounds 10 under sub-section (2) for cancellation of a licence, the Minister may cancel the licence by giving notice in writing of the cancellation to the licensee. (4) The cancellation under sub-section (3) takes effect 15 when the notice is given or on a later date specified in the notice. (5) A licensee may surrender its licence at any time by notice in writing given to the Minister. (6) Surrender takes effect at the expiration of 30 days 20 after notice is given under sub-section (5). (7) A licensee that intends to surrender its licence must give notice of its intention to the holders of premium accounts with the licensee not less than 30 days before the surrender takes effect. 25 (8) On the cancellation or surrender of a licence, the bank must-- (a) pay to the Minister any amounts due from the bank under this Part; and (b) distribute pro rata between all premium 30 accounts with the bank the funds accumulated in the prize pool as at the date of cancellation or surrender; and (c) pay the balance of each premium account to the holder of that account. 54 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 74 Act No. 74. Duty payable by licensee (1) A licensee must pay to the Minister for payment into the Consolidated Fund in respect of a draw-- (a) in the case of a draw held during the first, 5 second or third year after the commencement of this section, a duty equal to 25% of the amount of interest earned on money held in premium accounts during the month preceding the draw; and 10 (b) in the case of any other draw, a duty equal to 30% of the amount of interest earned on money held in premium accounts during the month preceding the draw. (2) Payments under sub-section (1) must be made not 15 later than 14 days after the draw in respect of which the duty is payable. (3) Duty shall be taken, when it becomes due and payable, to be a debt due to the Crown and payable to the Minister. 20 (4) Any unpaid duty may be sued for and recovered-- (a) irrespective of the amount of the duty, in the Magistrates' Court; or (b) in any other court of competent jurisdiction-- 25 by the Minister suing in his or her official name or by an officer of the public service employed in the administration of this Part and authorised to sue for and recover duty on behalf of the Minister, suing in the official name of the Minister. 30 (5) Proceedings under this section brought in the name of the Minister shall in the absence of evidence to the contrary be taken to have been brought by his or her authority. 55 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 75 76 Act No. (6) An officer referred to in sub-section (4) may appear in proceedings brought under this section on behalf of the Minister. 75. Returns by licensees 5 (1) A licensee must, within 21 days after each draw, furnish to the Minister a return, in the form and manner approved by the Minister, relating to that draw in which the licensee specifies-- (a) the total prize pool for the draw; and 10 (b) the interest earned on money held in premium accounts during the month preceding the draw; and (c) the amount, if any, paid in to the pool by the licensee for the draw. 15 (2) The Minister may, by notice in writing, require a licensee to furnish to the Minister, within the time specified in the notice, any further return that the Minister requires for the purposes of this Part. (3) A licensee must each 12 months or, if within that 20 period the licensee's licence is cancelled or surrendered, on cancellation or surrender, furnish to the Minister an audited statement in the form approved by the Minister and containing the information required by the Minister. 25 76. Power to obtain information and evidence Section 78 of the Financial Institutions Duty Act 1982 applies as if-- (a) a reference to the Commissioner were a reference to the Minister; and 30 (b) a reference to a financial institution were a reference to a licensee. _______________ 56 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 77 Act No. PART 7--INSPECTORS 77. Rights of inspector in certain premises (1) An inspector or a member of the police force may enter and remain on premises where an activity 5 authorised by or under this Act is being conducted or the premises of a person who holds a licence (other than a bingo employee's licence) or permit under this Act-- (a) at any time when the premises are open to 10 the public; or (b) with the consent in writing of the occupier, at any other time-- for the purpose of doing any one or more of the following-- 15 (c) observing any of the operations on the premises; (d) ascertaining whether the operation of the premises is being properly conducted, supervised and managed; 20 (e) ascertaining whether the provisions of this Act are being complied with; (f) in any other respect, exercising his or her functions under this Act. (2) An inspector or a member of the police force who 25 enters premises under sub-section (1) is not authorised to remain on the premises if, on the request of the holder of the licence or permit, the inspector or member does not show his or her identity card to the holder of the licence or permit. 30 (3) An occupier who consents in writing to the entry of his or her premises under this section must be given a copy of the signed consent immediately. 57 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 78 Act No. (4) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry. 5 78. Functions of inspectors The functions of inspectors under this Act are as follows-- (a) to inspect premises used in connection with any activity regulated by this Act; 10 (b) to examine equipment used and records kept in premises used in connection with such an activity for the purpose of ascertaining whether or not the person conducting the activity is complying with the provisions of 15 this Act and the regulations and the conditions of the licence or permit; (c) to assist in any other manner, where necessary, in the detection of offences committed against this Act or the 20 regulations; (d) to report to the Director as required; (e) such other functions as are conferred on inspectors under this Act. 79. Powers of inspectors 25 (1) An inspector may do any one or more of the following-- (a) require any person in possession of, or having control of, any equipment relating to an activity regulated by this Act or any 30 records to produce the equipment or records for inspection and to answer questions or provide information relating to the equipment or records; 58 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 79 Act No. (b) inspect any equipment relating to an activity regulated by this Act or any records and take copies of, extracts from, or notes relating to, any records. 5 (c) if the inspector believes on reasonable grounds that there are on any premises-- (i) any equipment or money or securities for money; or (ii) any records-- 10 relating to an activity regulated by this Act that is evidence of the commission of an offence, seize the equipment, money, securities or records; (d) by notice in writing require-- 15 (i) the holder of a licence or permit; or (ii) an employee of the holder of a licence or permit; or (iii) any other person associated with the operations or their management in 20 premises the inspector is authorised to enter-- to attend before the inspector at a specified time or place and answer questions, or provide information, with respect to 25 operations on the premises; (e) examine and test any equipment relating to an activity regulated by this Act in such premises and order the person in charge of the premises to withdraw from use on the 30 premises any equipment that does not comply with the prescribed standards; (f) call to his or her aid a member of the police force if he or she is obstructed, or believes on reasonable grounds that he or she will be 59 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 80 Act No. obstructed, in the exercise of his or her functions; (g) any other thing authorised under this Act to be done by an inspector. 5 (2) If an inspector seizes equipment, money or securities for money or records under this section, the inspector may retain them until the completion of any proceedings (including proceedings on appeal) in which they may be evidence but only if, 10 in the case of records, the person from whom the records were seized is provided, within 10 days after the seizure, with a copy of the records certified by an inspector as a true copy. (3) Sub-section (2) ceases to have effect in relation to 15 things seized if, on the application of a person aggrieved by the seizure, the court in which proceedings referred to in that sub-section are instituted so orders. (4) A copy of records provided under sub-section (2) 20 is, as evidence, of equal validity to the records of which it is certified to be a copy. (5) A person must not refuse or fail, without reasonable excuse, to comply with a requirement under sub-section (1). 25 Penalty: 50 penalty units. 80. Police have functions and powers of inspector A member of the police force has the functions and powers of an inspector under this Act. 81. Search warrant 30 (1) An inspector, with the consent of the Director, or a member of the police force may apply to a magistrate for the issue of a search warrant if the inspector or member believes on reasonable grounds-- 60 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 82 Act No. (a) that there are on any premises any equipment or records relating to an activity regulated by this Act-- (i) in relation to which an offence has 5 been, is being, or is likely to be, committed; or (ii) that may be evidence of an offence; or (b) that there is or has been a contravention of this Act on any premises other than the 10 premises of the holder of a licence or permit under this Act. (2) A magistrate to whom such an application is made, if satisfied by evidence on oath or by affidavit that there are reasonable grounds for 15 doing so, may issue in accordance with the Magistrates' Court Act 1989 a search warrant in the form prescribed under that Act authorising an inspector or member of the police force named in the warrant and any assistants to enter the 20 premises, or part of premises, specified in the warrant, for the purpose of searching for and seizing any equipment or records referred to in sub-section (1). (3) A search warrant issued under this section ceases 25 to have effect at the expiration of one month after its issue. 82. Return of items seized (1) If an inspector or a member of the police force seizes a thing under this Act, the inspector or 30 member must take reasonable steps to return the thing to the person from whom it was seized if the reason for its seizure no longer exists. (2) If the thing has not been returned before the end of a period of 28 days after seizure ("the 35 retention period"), the inspector or member of 61 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 83 Act No. the police force must take reasonable steps to return it unless-- (a) proceedings in which the thing may be evidence have commenced within the 5 retention period and those proceedings (including any appeal) have not been completed; or (b) a court makes an order under section 80 extending the retention period. 10 83. Magistrates' Court may extend period (1) An inspector or a member of the police force may apply to the Magistrates' Court within the retention period or within a period extended by the Court under this section for an extension of 15 that period. (2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary-- (a) for the purposes of an investigation into 20 whether an offence has been committed; or (b) to enable evidence of an offence to be obtained for the purposes of a prosecution. (3) The Court may adjourn an application to enable notice of the application to be given to any person. 25 84. Protection against self-incrimination A person may refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under this Act if the giving of the information, the production of the 30 document or the doing of that other thing would tend to incriminate the person. _______________ 62 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 85 Act No. PART 8--GENERAL 85. Refusal to issue licence or permit (1) Without limiting the discretion of the Authority or the Director (as the case may be) to refuse an 5 application for a licence or permit under this Act, the Authority or the Director may refuse to grant a licence or permit to a person who at any time has contravened a provision of this Act or the regulations or a previous corresponding Act or 10 regulations or a condition of a licence, permit or approval under this Act or a previous corresponding Act. (2) In determining whether to grant a licence or permit to an organisation, the Authority or the 15 Director may consider whether-- (a) the organisation; or (b) an associate of the organisation; or (c) a person nominated by the organisation-- has contravened a provision of this Act or the 20 regulations or a previous corresponding Act or regulations made under that Act or a condition of a licence, permit, consent or approval under this Act or a previous corresponding Act. (3) In this section, "associate", in relation to an 25 organisation, means-- (a) a person, body or association having a business association with the organisation; or (b) a director, partner, trustee, executive officer, secretary or any other officer or person 30 determined by the Authority or Director (as the case may be) to be associated or 63 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 86 Act No. connected with the ownership, administration or management of the operation or business of the organisation. 86. Appeal against decision of Director 5 (1) An applicant aggrieved by a decision of the Director may within 14 days after receiving notice of the decision, appeal against the decision to the Authority. (2) An appeal must be in writing and specify the 10 grounds on which it is made. (3) On consideration of the grounds of appeal specified by the applicant, the Authority may confirm the Director's decision or order the Director to take or refrain from taking any action, 15 including the issue of a licence or permit or the amendment of a term or condition of a licence or permit. (4) The decision of the Authority must be communicated in writing to the Director and the 20 applicant. 87. Review by AAT A person may apply to the Administrative Appeals Tribunal for the review of a decision of the Authority under this Act. 25 88. Records Unless a contrary requirement is specified in this Act, the holder of a licence or permit under this Act must keep records containing the prescribed information in or to the effect of the form 30 approved by the Director for a period of 3 years after the completion of the transactions to which they relate. Penalty: 20 penalty units. 64 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 89 Act No. 89. Banking (1) A person who-- (a) is the holder of a minor gaming permit under this Act; or 5 (b) conducts an activity authorised by this Act-- must-- (c) keep and maintain a separate account, as approved by the Authority, at a financial institution in the State for use for all banking 10 transactions arising under this Act in relation to the permit or activity; and (d) from time to time provide the Authority, as required, and in a form approved by the Authority, with a written authority addressed 15 to the financial institution referred to in paragraph (c) authorising the financial institution to comply with any requirements of an inspector exercising the powers conferred by this section. 20 Penalty: 100 penalty units. (2) An inspector may, by notice in writing, require the manager or other principal officer of a financial institution referred to in sub-section (1) to provide the inspector with a statement of an account 25 referred to in that sub-section and any other particulars relating to the account that are specified in the notice. (3) A person to whom a notice is given under sub- section (2) must comply with the notice. 30 Penalty: 50 penalty units. (4) An inspector may not exercise the powers conferred by this section without the prior written approval of the Authority. 65 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 90 Act No. 90. Amendment of conditions (1) Subject to sub-section (2), the conditions of a licence (except an operator's licence or an employee's licence) or permit under this Act may 5 be amended in accordance with this section. (2) This section does not apply to prescribed conditions of a licence or permit. (3) An amendment may be proposed-- (a) by the holder of the licence or permit by 10 requesting the Director in writing to make the amendment and giving reasons for the proposed amendment; or (b) by the Director by giving notice in writing of the proposed amendment and giving reasons 15 to the holder of the licence or permit. (4) An amendment proposed by the holder of a licence or permit or must be accompanied by the prescribed fee. (5) The Director must give the holder of the licence 20 or permit at least 28 days to make a submission to the Director concerning any proposed amendment (whether proposed by the Director or the holder) and must consider any submission made. (6) The holder of a licence or permit may waive their 25 right under sub-section (5) to make a submission by giving notice in writing to the Director. (7) The Director must then decide whether to make the proposed amendment, either with or without changes to the amendment originally proposed, 30 and must notify the holder of the licence or permit of his or her decision. (8) An amendment proposed by the Director must be in the public interest. 66 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 91 Act No. (9) An amendment takes effect when notice of the decision is given to the holder of the licence or permit or on any later date that may be specified in the notice. 5 91. Change in situation of holder of licence or permit Whenever a change of a kind specified by the Director in writing given to the holder of any licence or permit under this Act takes place in the situation existing in relation to that person, the 10 person must notify the Director in writing of the change within 14 days after it takes place. Penalty: 20 penalty units. 92. Cancellation etc. of licence or permit (1) In this section-- 15 "disciplinary action", in relation to the holder of a licence or permit, means any of the following-- (a) the service of a written notice on the holder censuring him or her for any 20 action specified in the notice; (b) variation of the licence or permit; (c) suspension of the licence or permit for a specified period; (d) cancellation of the licence or permit; 25 "grounds for disciplinary action", in relation to a licence or permit, means any of the following grounds-- (a) that the licence or permit was improperly obtained in that, when it 30 was granted, there were grounds for refusing it; (b) that the holder of the licence or permit has been convicted or found guilty of-- 67 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 92 Act No. (i) an offence against this Act or the Lotteries Gaming and Betting Act 1966 or an offence against regulations made under either of 5 those Acts; or (ii) an offence arising out of or in connection with the employment of the holder under this Act; or (iii) whether or not in Victoria, an 10 offence involving fraud or dishonesty punishable on conviction by imprisonment for 3 months or more (whether or not in addition to a fine); 15 (c) that the holder has contravened this Act or the regulations or a condition of the licence or permit; (d) that the holder of the licence or permit has failed to provide information that 20 he or she is required by this Act to provide or has provided information knowing it to be false or misleading; (e) that the holder of the licence or permit has become bankrupt, applied to take 25 the benefit of any law relating to bankrupt or insolvent debtors, has compounded with his or her creditors or made an assignment of his or her remuneration for their benefit; 30 68 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 92 Act No. (f) that for any reason, the holder of the licence or permit is not a suitable person to hold such a licence or permit; (g) in the case only of the holder of an 5 operator's licence-- (i) that the holder has engaged in conduct which, in the opinion of the Authority, is undesirable in relation to a community or 10 charitable organisation; or (ii) that the bingo centre is, for specified reasons, no longer suitable for the conduct of bingo. (2) The Director may of his or her own motion, and 15 must at the direction of the Authority, inquire into whether there are grounds for disciplinary action against the holder of a licence or permit and must make a recommendation to the Authority on the matter. 20 (3) If the Director recommends that disciplinary action be taken against the holder, the Authority must give the holder notice of the recommendation and at least 14 days to make submissions to the Authority on the matter. 25 (4) The Authority must consider the Director's recommendation and any submissions made by the holder of the licence or permit within the time allowed and is to decide whether to take disciplinary action against the holder. 30 (5) If the Authority decides that-- (a) the holder of the licence or permit is not a suitable person to hold such a licence or permit, the Authority may only vary, suspend or cancel the licence or permit; or 69 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 93 Act No. (b) there are any other grounds for disciplinary action against the holder of a licence or permit, the Authority may take the action-- and does so by giving notice in writing of the 5 action to the holder. (6) Subject to sub-section (7), an operator's licence must not be suspended for longer than 6 months. (7) The Authority may extend a suspension once for a period not exceeding 6 months if there are 10 reasonable grounds for doing so. (8) The disciplinary action takes effect when the notice is given or on a later date specified in the notice. 93. False or misleading information 15 (1) A person must not-- (a) in, or in relation to, an application for a licence or permit; or (b) in answer to a question asked by an inspector in the exercise of his or her functions as an 20 inspector; or (c) in purporting to provide information that the person has been authorised to provide-- give information that is false or misleading in a material particular. 25 Penalty: 50 penalty units. (2) It is a defence to a prosecution of a person for an offence against sub-section (1) to prove that, at the time the information was given, the person believed on reasonable grounds-- 30 (a) in the case of false information, that the information was true; or 70 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 94 Act No. (b) in the case of misleading information, that the information was not misleading. 94. Infringement notice (1) An inspector who has reason to believe that a 5 person has committed an infringement may, in accordance with the regulations, serve on that person an infringement notice. (2) An infringement notice must be in the prescribed form and must contain the prescribed particulars. 10 (3) An infringement notice may be withdrawn, whether the appropriate penalty has been paid or not, at any time within 28 days after the service of the notice, by serving on the alleged offender, in accordance with the regulations, a withdrawal 15 notice which is in the prescribed form. (4) If the appropriate amount specified in the notice as the penalty for the infringement has been paid before the notice is withdrawn, the amount so paid must be refunded on the notice of withdrawal 20 being given. (5) The penalty for the purposes of this section in respect of an infringement is the amount prescribed in respect of that infringement. 95. Payment of penalty 25 (1) If before the end of the period specified in the infringement notice for the payment of the penalty or, where the inspector giving the notice so allows, at any time before the service of a summons in respect of the infringement, the 30 amount of the penalty specified in the notice is paid at the place so specified then, subject to sub- section (4)-- (a) the offender must be taken to have expiated the infringement by payment of the penalty; 35 and 71 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 95 Act No. (b) no further proceedings may be taken in respect of the infringement; and (c) a conviction for the infringement must not be regarded as having been recorded. 5 (2) Every penalty paid under this section must be applied in the same manner as if the offender had been convicted of the infringement in the Magistrates' Court on a charge filed by the inspector who served the infringement notice or 10 caused it to be served. (3) Payment of any penalty under this section may be effected in accordance with the regulations. (4) Proceedings for an infringement may be brought if an infringement notice served in respect of the 15 infringement is withdrawn or the penalty specified in it is not paid before the end of the period specified in it for payment. (5) In a proceeding for an infringement if the court is satisfied that an infringement notice was served in 20 respect of the infringement and has not been withdrawn, the conviction imposed by the court must not be taken to be a conviction for any purpose (including, but not limited to, the purposes of any enactment imposing, authorising 25 or requiring the imposition of any disqualification, disability or higher penalty on convicted persons or persons convicted on more than one occasion) except in relation to-- (a) the making of the conviction itself; and 30 (b) any subsequent proceedings which may be taken in respect of the conviction itself, including proceedings by way of appeal. 72 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 96 Act No. 96. Authority may hold inquiries (1) For the purpose of the exercise of its functions under this Act, the Authority may hold inquiries in public or in private, being inquiries presided 5 over by one or more members of the Authority. (2) For the purposes of holding an inquiry, the Authority shall be deemed to be a board appointed by the Governor in Council and Division 5 of Part I (including section 21A) of the Evidence 10 Act 1958 applies accordingly. 97. Representation A person may appear at an inquiry personally or by a duly qualified legal practitioner. 98. Evidence 15 (1) In proceedings under this Act, an assertion-- (a) that, at a specified time or during a specified period, a specified person was the Minister administering this or any other Act; (b) that, at a specified time or during a specified 20 period, a specified person held, or is acting in, a specified office; (c) that a signature purporting to be the signature of a Minister, a member of the Authority, an inspector or a member of 25 the police force is the signature it purports to be; (d) that, at a specified time or during a specified period, a specified person was, or was not, the holder of a specified licence or permit 30 under this Act; or 73 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 98 Act No. (e) that, at a specified time, a person attained a specified age or that, at a specified time or during a specified period, a specified person was under or over a specified age-- 5 is evidence of the fact or facts asserted. (2) In proceedings under this Act-- (a) a document purporting to be a copy of a direction, notice, order, requirement or decision given or made under this Act is 10 evidence of a direction, notice, order, requirement or decision of which it purports to be a copy; (b) a document purporting to be a copy of a licence or permit under this Act is evidence 15 of a licence or permit of which it purports to be a copy; and (c) evidence that a person accepted service of a document is evidence of the authority of the person to accept service of the document. 20 (3) In proceedings under this Act-- (a) proof that a document or thing was bought or accepted under the belief that its possession or production conferred permission or authority on the purchaser or holder to 25 participate in a particular lottery is admissible in evidence to establish that the document or thing is a lottery ticket in that lottery and, in the absence of evidence to the contrary, is proof of that fact; 30 (b) if it is proved that a document containing a notice relating to a lottery is exhibited on or about any land, building or premises, it shall be presumed, in the absence of evidence to 74 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 99 Act No. the contrary, that the document was exhibited by or with the permission of the occupier of the land, building or premises. 99. Body corporate 5 (1) If a body corporate is guilty of an offence against this Act or the regulations, each director, manager or officer of the body corporate who knowingly directed, authorised or suffered the commission of the offence by the body corporate, is severally 10 guilty of an offence. (2) If an association incorporated under the Associations Incorporation Act 1981 is guilty of an offence against this Act or the regulations, each member of the committee of the association who 15 knowingly directed, authorised or suffered the commission of the offence by the association, is severally guilty of an offence. (3) Nothing in sub-section (1) or (2) affects any liability imposed on a body corporate (including 20 an incorporated association) for an offence committed by the body corporate against this Act or the regulations. (4) If, in a proceeding for an offence against this Act or the regulations, it is necessary to establish the 25 state of mind of a body corporate in relation to particular conduct, it is sufficient to show that-- (a) the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or 30 apparent authority; and (b) the director, employee or agent had that state of mind. (5) If a director, employee or agent of a body corporate engages in conduct on behalf of the 35 body corporate within the scope of his or her 75 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 100 Act No. actual or apparent authority, the body corporate must be taken, for the purposes of a prosecution for an offence against this Act or the regulations, also to have engaged in the conduct unless the 5 body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct. 100. Employees and agents (1) If, in a proceeding for an offence against this Act 10 or the regulations, it is necessary to establish the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show that-- (a) an employee or agent of the person had that 15 state of mind; and (b) the employee or agent engaged in the conduct within the scope of his or her actual or apparent authority. (2) If an employee or agent of a person other than a 20 body corporate engages in conduct on behalf of the person within the scope of his or her actual or apparent authority, the person must be taken, for the purposes of a prosecution for an offence against this Act or the regulations, also to have 25 engaged in the conduct unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct. 101. Partnerships and unincorporated associations 30 If this Act or a regulation made under this Act provides that a person is guilty of an offence-- (a) if the person is a partnership, each member of the partnership is severally guilty of the offence; 76 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 102 Act No. (b) if the person is an unincorporated association, each member of the committee of management of the association is severally guilty of the offence. 5 102. Forfeiture (1) If instruments of gaming or money or securities for money-- (a) are lawfully seized under this Act; or (b) are found in the possession or control of a 10 person found committing an offence against this Act-- the Magistrates' Court may order that the instruments of gaming or money or securities for money are forfeited to the Crown. 15 (2) An appeal lies to the County Court against an order of forfeiture under sub-section (1). (3) Any property forfeited under this section must be sold or otherwise disposed of in accordance with the directions of the Magistrates' Court. 20 (4) The proceeds, if any, of the sale or disposal must be paid into the Consolidated Fund. 103. Delegation (1) The Authority may, by instrument under its official seal, delegate to a member of the 25 Authority or to 3 or more members of the Authority jointly any power of the Authority under this Act, other than this power of delegation. (2) The Director may, by instrument, delegate to an 30 officer of the Authority employed at or above the public service level of VPS3 or its equivalent any power of the Director under this Act or the regulations, other than this power of delegation. 77 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 104 Act No. 104. Secrecy (1) Subject to sub-section (3), a person must not directly or indirectly, except in the performance of duties or exercise of powers under this Act, make 5 a record of, or divulge to any person, any information with respect to the affairs of another person acquired by the first-mentioned person in the performance of those duties or exercise of those powers. 10 Penalty: 50 penalty units. (2) Subject to sub-section (6), a person is not, except for the purposes of this Act, required-- (a) to produce in a court a document that has come into his or her possession or under his 15 or her control; or (b) to divulge to a court any information that has come to his or her notice-- in the performance of duties or exercise of powers under this Act. 20 (3) A person may-- (a) divulge specified information to such persons as the Minister directs if the Minister certifies that it is necessary in the public interest that the information should be so 25 divulged; or (b) divulge information to a prescribed authority or prescribed person; or (c) divulge information to person who is expressly or impliedly authorised by the 30 person to whom the information relates to obtain it. (4) An authority or person to whom information is divulged under sub-section (3), and a person or 78 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 105 Act No. employee under the control of that authority or person, is subject, in respect of that information, to the same rights, privileges, obligations and liabilities under this section as if that authority, 5 person or employee were a person performing duties under this Act and had acquired the information in the performance of those duties. (5) Nothing in this section or any other Act applies to prohibit or restrict the giving of statistical 10 information with respect to gambling in Victoria to the Authority or the Minister or the publication of any such information. (6) If-- (a) the Minister certifies that it is necessary in 15 the public interest that specified information should be divulged to a court; or (b) a person to whom information relates has expressly authorised it to be divulged to a court-- 20 a person may be required-- (c) to produce in the court any document containing the information; or (d) to divulge the information to the court. (7) In this section-- 25 "court" includes any tribunal, authority or person having power to require the production of documents or the answering of questions; "produce" includes permit access to. 105. Regulations 30 (1) The Governor in Council may make regulations for or with respect to-- (a) prescribing conditions of licences and permits; 79 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 105 Act No. (b) prescribing rules for the conduct of raffles, trade promotion lotteries, bingo (including rolling jackpots), fundraising functions and the sale of lucky envelopes; 5 (c) Calcutta Sweepstakes; (d) prescribing standards and conditions for the sale or disposal of property or the allotment of prizes of money under section 9; (e) prescribing standards for lucky envelopes 10 and for bingo tickets and random number generators for use in the playing of bingo; (f) the disposal of unclaimed prizes; (g) prescribing the amount that is paid for expenses of a session of bingo games; 15 (h) forms; (i) fees; (j) infringement notices and prescribing offences in respect of which infringement notices may be issued; 20 (k) generally prescribing any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) Regulations made under this Act-- 25 (a) may be of general or of specially limited application; and (b) may differ according to differences in time, place or circumstance; and (c) may impose penalties not exceeding 20 30 penalty units for a contravention of the regulations. _______________ 80 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 106 Act No. PART 9--MISCELLANEOUS AMENDMENTS 106. Principal Act No. 7429. In this Part, the Lotteries Gaming and Betting Reprinted to Act 1966 is called the Principal Act. No. 44/1995 and subsequently amended by Nos 17/1996 and 73/1996. 5 107. Substitution of section 12 For section 12 of the Principal Act substitute-- "12. Common gaming houses A person who-- (a) is the owner or occupier or has the use 10 of any house or place and opens, keeps or uses the house or place for the purpose of unlawful gaming being carried on in the house or place; or (b) is the owner or occupier of a house or 15 place and knowingly and wilfully permits the house or place to be opened, kept or used by another person for the purpose of unlawful gaming being carried on in the house or place; 20 or (c) has the care or management of or in any manner assists in conducting the business of a house or place opened, kept or used for the purpose of 25 unlawful gaming being carried on in the house or place; or 81 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 108 Act No. (d) advances or furnishes money for the purpose of gaming with persons frequenting such a house or place; or (e) keeps or has the care or management of 5 a common gaming house or place; or (f) is a banker, croupier or other person who acts in any manner in the conduct of a common gaming house or place is guilty of an offence punishable by-- 10 (g) a fine not exceeding 50 penalty units or imprisonment not exceeding 6 months for a first offence; or (h) a fine not exceeding 100 penalty units or imprisonment not exceeding 12 15 months for a second or subsequent offence.". 108. Repeal Section 44 of the Principal Act is repealed. 109. Insertion of new sections 51 to 58C 20 For sections 51 to 58 of the Principal Act substitute-- "51. Declaration of common gaming house (1) If an officer of police suspects on reasonable grounds that a house or place is used as-- 25 (a) a common gaming house or place; or (b) a means of access to or of exit or escape from a common gaming house or place the officer may apply to the Magistrates' 30 Court for a declaration under sub-section (4). (2) An application must be supported by affidavit. 82 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 109 Act No. (3) Notice in writing of the application must, not less than 72 hours before the hearing of the application-- (a) be served on the owner or occupier of 5 the house or place; or (b) be advertised in a newspaper circulating generally in the locality in which the house or place is situated (4) On an application under sub-section (1), the 10 Magistrates' Court may declare the house or place which is the subject of the application to be a common gaming house or place. (5) A declaration remains in force-- (a) for the period specified in the 15 declaration; or (b) until rescinded by the Magistrates' Court-- whichever is the earlier. 52. Application for rescission by owner etc. 20 (1) The owner, agent, mortgagee or occupier of a house or place that has been declared to be a common gaming house or place may apply to the Magistrates' Court for rescission of the declaration. 25 (2) Notice in writing of the application must, not less than 72 hours before the hearing of the application, be served on a superintendent or inspector of police stationed in the police district in which the common gaming house 30 or place is situated. (3) On an application under sub-section (1), the applicant must prove on the balance of probabilities that the applicant has not at any time used the house or place as a common 83 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 109 Act No. gaming house or place or as a means of access to or of exit or escape from a common gaming house or place or permitted it to be so used. 5 (4) The Magistrates' Court may rescind a declaration subject to any terms or conditions that the Court thinks fit, including the giving of security to insure that the house or place will not be used again as a common 10 gaming house or place or as a means of access to or of exit or escape from a common gaming house or place. 53. Application for rescission by police (1) An officer of police may apply to the 15 Magistrates' Court for rescission of a declaration that a house or place is a common gaming house or place. (2) On an application under sub-section (1), the applicant must prove on the balance of 20 probabilities that the house or place is not used as a common gaming house or place or in contravention of this Part. (3) The Magistrates' Court may rescind a declaration in the manner referred to in 25 section 52(4). 54. Notice in the Government Gazette (1) The applicant must cause notice of-- (a) a declaration under section 51; or (b) a rescission under section 52 or 53 and 30 the terms or conditions subject to which the rescission was made-- to be published in the Government Gazette. (2) In a proceeding under this Act, the production of a copy of the Government 84 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 109 Act No. Gazette containing a notice referred to in sub-section (1) is evidence that the declaration or rescission referred to in the notice was duly made. 5 55. Other notices of declaration (1) If a house or place is declared to be a common gaming house or place under section 51, an officer of police must -- (a) cause a notice of the making of the 10 declaration-- (i) to be published on 2 days in a newspaper circulating in the neighbourhood of the house or place; and 15 (ii) to be served on the owner, agent, mortgagee or occupier of the house or place; and (b) cause a copy of the declaration to be posted up on the house or place so as to 20 be visible and legible to a person entering the house or place. (2) Service under sub-section (1)(a)(ii) may be effected-- (a) by personal service; or 25 (b) if, in the opinion of the officer of police, personal service cannot be effected promptly, by causing a copy of the notice to be affixed at or near to the entrance to the house or place; or 30 (c) in the case of the owner or occupier, by posting a prepaid letter addressed to "the owner" or "the occupier" and bearing an address or description of the house or place that, in the opinion of 85 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 109 Act No. the court, would ensure the delivery of the letter at the house or place. (3) In a proceeding under this Act, the production of a copy of a newspaper 5 containing a notice referred to in sub-section (1)(a)(i) is evidence that the notice was duly published in that newspaper on the date appearing on the newspaper. (4) A person must not cover, remove, deface or 10 destroy a copy of a declaration posted up on premises in accordance with sub-section (1)(b). Penalty: 50 penalty units or imprisonment for 6 months. 15 (5) It is not a defence to a proceeding under this Division to show-- (a) non-compliance with any of the requirements of this section; or (b) that a copy of a declaration posted up 20 on premises in accordance with sub- section (1)(b) has been covered, removed, defaced or destroyed. 56. Persons found etc. in declared common gaming house 25 (1) If -- (a) a house or place has been declared to be a common gaming house or place; and (b) notice of the making of the declaration 30 has been published in a newspaper in accordance with section 55(1)(a)(i); and 86 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 109 Act No. (c) the declaration is in force-- a person must not be found in or on or entering or leaving the common gaming house or place or any other house or place 5 used as a means of access to, or of exit or escape from, the common gaming house or place. Penalty: 50 penalty units or imprisonment for 6 months. 10 (2) It is a defence to a prosecution for an offence against sub-section (1) to prove that the-- (a) was ignorant of the making of the declaration at the time of the alleged offence; or 15 (b) was in or on or entering or leaving the house or place for some lawful purpose. (3) A member of the police force may arrest without warrant a person referred to in sub- section (1) and take the person before a bail 20 justice or the Magistrates' Court to be dealt with according to law. 57. Convicted persons found in declared common gaming house A person who has been convicted of an 25 indictable offence must not be found in a house or place that has been declared to be a common gaming house or place during the time that the declaration is in force. Penalty: 100 penalty units or imprisonment 30 for 12 months. 87 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 109 Act No. 58. No business to be carried on in declared common gaming house A person must not carry on, exercise or conduct a business, trade, profession or 5 calling, whether authorised by a licence, registration or authority under an Act or otherwise and whether on behalf of any person or otherwise, in a house or place that has been declared to be a common gaming 10 house or place during the time that the declaration is in force. 58A. Liability of owner (1) If-- (a) notice of the making of a declaration 15 under section 51 is served on an owner of a house or place; and (b) during the time that the declaration is in force, the house or place is used as a common gaming house or place or as a 20 means of access to or of exit or escape from a common gaming house or place-- the owner is guilty of an offence punishable by-- 25 (c) a fine not exceeding 100 penalty units or imprisonment not exceeding 12 months for a first offence; or (d) a fine not exceeding 200 penalty units or imprisonment not exceeding 2 years 30 for a second or subsequent offence. (2) It is a defence to a charge for an offence against sub-section (1) to prove that the defendant took all reasonable steps to evict the occupier from the house or place. 88 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 109 Act No. 58B. Liability of occupier (1) If-- (a) notice of the making of a declaration is served on an occupier of a house or 5 place; and (b) during the time that the declaration is in force, the house or place is used as a common gaming house or place or as a means of access to or of exit or escape 10 from a common gaming house or place-- the occupier is guilty of an offence punishable by-- (c) a fine not exceeding 100 penalty units 15 or imprisonment not exceeding 12 months for a first offence; or (d) a fine not exceeding 200 penalty units or imprisonment not exceeding 2 years for a second or subsequent offence. 20 (2) It is a defence to a charge for an offence against sub-section (1) to prove that the defendant took all reasonable steps to prevent such use. 58C. Continuing offences 25 If a person is convicted of an offence against section 58A or 58B, the person is guilty of a further offence if the offence continues after the conviction or after service by a member of the police force on the person of a notice 30 of contravention and is liable to an additional penalty for each day on which the offence continues of not more than 5 penalty units.". 89 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 110 Act No. 110. Persons found in gaming house In section 65 of the Principal Act, for "1 penalty unit" substitute "25 penalty units for a first offence or not more than 50 penalty units for a 5 second or subsequent offence". 111. Repeal of Schedule Schedule Three to the Principal Act is repealed. _______________ 90 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 112 Act No. PART 10--CONSEQUENTIAL AMENDMENTS 112. Amendment of the Lotteries Gaming and Betting Act 1966 The Lotteries Gaming and Betting Act 1966 is 5 amended as follows-- (a) in section 3 omit the definitions of "bingo", "bingo permit", "Board", "community purpose", "community or charitable organisation", "Director", "gaming 10 investigator", "gross receipts", multiple coin machine" and "Supreme Court"; (b) in section 3, in the definition of "lottery", for "sub-section (4) of section 5" substitute "section 5 of the Gaming No. 2 Act 1997"; 15 (c) section 4A is repealed; (d) Parts I and IA are repealed; (e) in section 86(1), omit paragraph (ca). 113. Amendment of the Gaming and Betting Act 1994 The Gaming and Betting Act 1994 is amended 20 as follows-- (a) in section 84, after "Lotteries Gaming and Betting Act 1966" insert ", the Gaming No. 2 Act 1997"; (b) in section 85(3), for "member" (where 25 secondly occurring) substitute "person"; (c) in section 92(3), after "Gaming Machine Control Act 1991" insert "or an operator's licence under the Gaming No. 2 Act 1997"; (d) in section 92(4), for "or the Gaming 30 Machine Control Act 1991" substitute 91 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 114 Act No. ", the Gaming Machine Control Act 1991 or the Gaming No. 2 Act 1997"; (e) in section 97(2), after "Gaming Machine Control Act 1991" insert "or with an 5 operator of a bingo centre within the meaning of the Gaming No. 2 Act 1997"; (f) in section 102, after "Gaming Machine Control Act 1991" insert ", the Gaming No. 2 Act 1997"; 10 (g) in section 104(1), for "and the Gaming Machine Control Act 1991 and the Club Keno Act 1993" substitute ", the Gaming Machine Control Act 1991, the Club Keno Act 1993 and the Gaming No. 2 Act 1997"; 15 (h) in section 105, for "and the Gaming Machine Control Act 1991 and the Casino Control Act 1991 and the Club Keno Act 1993" substitute ", the Gaming Machine Control Act 1991, the Casino Control Act 20 1991, the Club Keno Act 1993 and the Gaming No. 2 Act 1997". 114. Amendment of the Gaming Machine Control Act 1991 (1) In section 3(1) of the Gaming Machine Control Act 1991, in the definition of "Director", after 25 "Gaming" (where first occurring) insert "and Betting". (2) The Gaming Machine Control Act 1991 is amended as follows-- (a) in section 3(1)-- 30 (i) in the definition of "gaming machine", for "section 6AA of the Lotteries Gaming and Betting Act 1966" substitute "the Gaming No. 2 Act 1997"; 92 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 115 Act No. (ii) in the definition of "operator", for "section 6AG of the Lotteries Gaming and Betting Act 1966" substitute "the Gaming No. 2 Act 1997"; 5 (b) in section 30(1), in paragraph (ea)(v) of the definition of "grounds for disciplinary action", after "the Gaming and Betting Act 1994" insert ", the Gaming No. 2 Act 1997"; 10 (c) in section 30(7A)(e), after "the Gaming and Betting Act 1994" insert ", the Gaming No. 2 Act 1997"; (d) in section 51(1), in paragraph (b)(i) of the definition of "grounds for disciplinary 15 action", after "the Gaming and Betting Act 1994" insert ", the Gaming No. 2 Act 1997"; (e) in section 52(a), after "the Gaming and Betting Act 1994" insert ", the Gaming 20 No. 2 Act 1997"; (f) in section 56(1), for "section 6FS of the Lotteries Gaming and Betting Act 1966" substitute "section 57 of the Gaming No. 2 Act 1997"; 25 (g) in section 56(3), for "section 6FS of the Lotteries Gaming and Betting Act 1966" substitute "section 57 of the Gaming No. 2 Act 1997". 115. Amendment of the Casino Control Act 1991 30 The Casino Control Act 1991 is amended as follows-- (a) in section 3(1), in the definition of "operator" for "section 6AG of the Lotteries Gaming 93 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 116 Act No. and Betting Act 1966" substitute "the Gaming No. 2 Act 1997"; (b) in section 6(2), for "Lotteries Gaming and Betting Act 1966 does" substitute 5 "Lotteries Gaming and Betting Act 1966 and the Gaming No. 2 Act 1997 do"; (c) in section 45A(1), for "section 6FS of the Lotteries Gaming and Betting Act 1966" substitute "section 57 of the Gaming No. 2 10 Act 1997"; (d) in section 45A(3), for "section 6FS of the Lotteries Gaming and Betting Act 1966" substitute "section 57 of the Gaming No. 2 Act 1997"; 15 (e) in section 52(1), in paragraph (b)(i) of the definition of "grounds for disciplinary action" after "the Gaming and Betting Act 1994" insert ", the Gaming No. 2 Act 1997"; 20 (f) in section 53(a), after "the Gaming and Betting Act 1994" insert ", the Gaming No. 2 Act 1997". 116. Amendment of the Liquor Control Act 1987 In section 150(1)(c)(i) of the Liquor Control Act 25 1987, after ' "an inspector of police" ' insert 'or "a member of the police force" '. 117. Amendment of the Fundraising Appeals Act 1984 In section 4(3)(e) of the Fundraising Appeals Act 1984, for sub-paragraph (i) substitute-- 30 "(i) the Gaming No. 2 Act 1997 applies; or". 94 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 118 Act No. 118. Amendment of the Casino (Management Agreement) Act 1993 In section 6 of the Casino (Management Agreement) Act 1993, after sub-section (2) 5 insert-- "(3) A reference in clause 24.1 of the Agreement to the Lotteries Gaming and Betting Act 1966 includes a reference to the Gaming No. 2 Act 1997.". 10 119. Amendment of the TT-Line Gaming Act 1993 In section 9(2) of the TT-Line Gaming Act 1993, for "does" substitute "and the Gaming No. 2 Act 1997 do". 120. Amendment of the Tobacco Act 1987 15 In section 13(1)(b) of the Tobacco Act 1987-- (a) for "section 6FB of the Lotteries Gaming and Betting Act 1966" substitute "the Gaming No. 2 Act 1997"; and (b) for "bingo centre operator licence" 20 substitute "operator's licence to operate the bingo centre". 121. Repeal The Banking (Premium Accounts) Act 1992 is repealed. 25 _______________ 95 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 122 Act No. PART 11--SAVING AND TRANSITIONAL PROVISIONS 122. Transitional (1) A declaration made under section 4A of the Lotteries Gaming and Betting Act 1966 and in 5 force immediately before the commencement of this sub-section is deemed to be a declaration under section 4 of this Act. (2) A bank account approved under section 5A of the Lotteries Gaming and Betting Act 1966 10 immediately before the commencement of this sub-section is deemed to be approved under section 89 of this Act. (3) A consent to conduct a raffle in force under section 6(1) of the Lotteries Gaming and 15 Betting Act 1966 immediately before the commencement of this sub-section-- (a) is deemed to be a minor gaming permit authorising the conduct of the raffle issued under section 15 of this Act; and 20 (b) despite anything to the contrary in section 17, expires on the day on which the consent would have expired under the Lotteries Gaming and Betting Act 1966 unless it is sooner cancelled or surrendered. 25 (4) A permit to conduct a series of raffles in force under section 6(1A) of the Lotteries Gaming and Betting Act 1966 immediately before the commencement of this sub-section-- (a) is deemed to be a minor gaming permit 30 authorising the conduct of the series of raffles issued under section 15 of this Act; and 96 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 122 Act No. (b) despite anything to the contrary in section 17, expires on the day on which the permit would have expired under section 6(1B) of the Lotteries Gaming and Betting Act 5 1966 unless it is sooner cancelled or surrendered. (5) A permit to conduct a lottery, or a series of lotteries, for the promotion of a trade or business in force under section 6AAA(1) or (2A) of the 10 Lotteries Gaming and Betting Act 1966 immediately before the commencement of this sub-section-- (a) is deemed to be a permit issued under section 29 of this Act; and 15 (b) despite anything to the contrary in section 30, expires on the day on which the permit would have expired under the Lotteries Gaming and Betting Act 1966 unless it is sooner cancelled or surrendered. 20 (6) A permit to sell lucky envelopes in force under section 6AB(1) of the Lotteries Gaming and Betting Act 1966 immediately before the commencement of this sub-section-- (a) is deemed to be a minor gaming permit 25 authorising the sale of lucky envelopes issued under section 15 of this Act; and (b) despite anything to the contrary in section 17, expires on the day on which the permit would have expired under section 6AB(3) of 30 the Lotteries Gaming and Betting Act 1966 unless it is sooner cancelled or surrendered. (7) A bingo permit in force under section 6A of the Lotteries Gaming and Betting Act 1966 97 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 122 Act No. immediately before the commencement of this sub-section-- (a) is deemed to be a minor gaming permit authorising the conduct of the session or 5 sessions of bingo games issued under section 15 of this Act; and (b) despite anything to the contrary in section 17, expires on the day on which the permit would have expired under section 6A(8) of 10 the Lotteries Gaming and Betting Act 1966 unless it is sooner cancelled or surrendered. (8) An operator's licence in force under section 6FI of the Lotteries Gaming and Betting Act 1966 15 immediately before the commencement of this sub-section-- (a) is deemed to be an operator's licence issued under section 40 of this Act; and (b) despite anything to the contrary in section 20 40, expires on the day on which the licence would have expired under section 6FI of the Lotteries Gaming and Betting Act 1966 unless it is sooner revoked or surrendered. (9) A provisional operator's licence in force under 25 section 6FLA of the Lotteries Gaming and Betting Act 1966 immediately before the commencement of this sub-section-- (a) is deemed to be a provisional operator's licence issued under section 45 of this Act; 30 and (b) despite anything to the contrary in section 45, expires on the day on which the licence would have expired under section 6FLA of the Lotteries Gaming and Betting Act 35 1966. 98 531089B.I1-18/3/97

Gaming No. 2 Act 1997 s. 123 Act No. (10) An employee's licence in force under section 6FS of the Lotteries Gaming and Betting Act 1966 immediately before the commencement of this sub-section-- 5 (a) is deemed to be an employee's licence issued under section 57 of this Act; and (b) despite anything to the contrary in section 62, expires on the day on which the licence would have expired under section 6FV of the 10 Lotteries Gaming and Betting Act 1966 unless it is sooner cancelled or surrendered. (11) A provisional licence in force under section 6FUA of the Lotteries Gaming and Betting Act 1966 immediately before the commencement of this 15 sub-section-- (a) is deemed to be a provisional licence issued under section 61 of this Act; and (b) despite anything to the contrary in section 61, ceases to have effect on the day on which 20 the licence would have ceased to have effect under section 6FUA of the Lotteries Gaming and Betting Act 1966 unless it is sooner cancelled or surrendered. 123. Saving 25 A permit issued under section 5(4)(e) of the Lotteries Gaming and Betting Act 1966 or an approval issued under section 5AAA of the Lotteries Gaming and Betting 1966 as in force immediately before the commencement of this 30 section to conduct Calcutta Sweepstakes on or after that commencement continues in force as if this Act had not been enacted. 99 531089B.I1-18/3/97

Gaming No. 2 Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 100 531089B.I1-18/3/97

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