Victorian Bills

[Index] [Search] [Download] [Related Items] [Help]


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


GAMBLING REGULATION AMENDMENT BILL 2007

                 PARLIAMENT OF VICTORIA

       Gambling Regulation Amendment Bill 2007



                     TABLE OF PROVISIONS
Clause                                                               Page
  1      Purpose                                                        1
  2      Commencement                                                   2
  3      Principal Act                                                  3
  4      Definition                                                     3
  5      Heading substituted                                            3
  6      Section 3.2.4 substituted and new section 3.2.4A inserted      4
         3.2.4 Regional and municipal limits on gaming machines         4
         3.2.4A Review of regional and municipal limits                 7
  7      No compensation payable                                        8
  8      Matters to be considered in determining applications           8
  9      Amendment of conditions                                        8
  10     Consideration and making of amendment                          8
  11     Payment of accumulated credits and cashing of cheques          8
  12     Community benefit statements                                   9
  13     Payment to Community Support Fund                             12
  14     New Part 17 inserted in Schedule 7                            12
         PART 17--GAMBLING REGULATION AMENDMENT
         ACT 2007                                                      12
         17.1    Definition                                            12
         17.2    Ministerial orders and Commission directions and
                 determinations                                        12
         17.3    Community benefit statements                          13
  15     Repeal of Act                                                 13
                            

ENDNOTES                                                               14




561043B.I-5/6/2007                   i       BILL LA INTRODUCTION 5/6/2007

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Gambling Regulation Amendment Bill 2007 A Bill for an Act to amend the Gambling Regulation Act 2003 to regulate the number of gaming machines in a region or municipal district, to regulate the payment of accumulated credits, to alter the arrangements for community benefit statements, to amend a provision regarding the Community Support Fund and for other purposes. The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Gambling Regulation Act 2003 to-- (a) establish a system for the further regulation 5 of gaming machines by providing for Ministerial orders to be made to limit the number of gaming machines in municipal districts, to amend the way in which regional limits are set and to make consequential 10 amendments; 561043B.I-5/6/2007 1 BILL LA INTRODUCTION 5/6/2007

 


 

Gambling Regulation Amendment Bill 2007 s. 2 (b) improve customer protection by ensuring that if a person has $1000 or more of accumulated credits on a gaming machine, those credits must be paid out entirely by 5 cheque; (c) amend the requirements for venue operators to lodge community benefit statements; (d) extend the timeframe by a further 4 years regarding payments into the Community 10 Support Fund. 2 Commencement (1) This Act (other than section 11) comes into operation on the day after the day on which it receives the Royal Assent. 15 (2) Subject to subsection (3), section 11 comes into operation on a day to be proclaimed. (3) If section 11 does not come into operation before 1 December 2007, it comes into operation on that day. 561043B.I-5/6/2007 2 BILL LA INTRODUCTION 5/6/2007

 


 

Gambling Regulation Amendment Bill 2007 s. 3 3 Principal Act In this Act, the Gambling Regulation Act 2003 is See: Act No. called the Principal Act. 114/2003. Reprint No. 1 as at 21 July 2005 and amending Act Nos 16/2004, 104/2004, 18/2005, 22/2005, 92/2005, 98/2005, 7/2006, 23/2006, 24/2006, 32/2006, 48/2006, 54/2006, 79/2006, 80/2006 and 11/2007. LawToday: www. legislation. vic.gov.au 4 Definition 5 In section 1.3(1) of the Principal Act insert the following definition-- "municipal limit means the maximum permissible number, determined and in force under section 3.2.4, of gaming machines available 10 for gaming in a municipal district or part of a municipal district;". 5 Heading substituted For the heading to Division 2 of Part 2 of Chapter 3 of the Principal Act substitute-- 15 "Division 2--Ministerial directions, regional limits and municipal limits". 561043B.I-5/6/2007 3 BILL LA INTRODUCTION 5/6/2007

 


 

Gambling Regulation Amendment Bill 2007 s. 6 6 Section 3.2.4 substituted and new section 3.2.4A inserted For section 3.2.4 of the Principal Act substitute-- "3.2.4 Regional and municipal limits on gaming 5 machines (1) The Minister may from time to time, by order published in the Government Gazette-- (a) determine regions in the State for the 10 purposes of this Chapter; and (b) in respect of a region or municipal district-- (i) determine the maximum permissible number of gaming 15 machines available for gaming in the region or municipal district; or (ii) require the Commission, based on criteria specified in the order, to determine the maximum 20 permissible number of gaming machines available for gaming in the region or municipal district; and (c) require the Commission, based on 25 criteria specified in the order, to determine how gaming machines are to be removed from-- (i) a region, if the number of gaming machines available for gaming in 30 a region exceeds the maximum permissible number available for gaming in the region; or 561043B.I-5/6/2007 4 BILL LA INTRODUCTION 5/6/2007

 


 

Gambling Regulation Amendment Bill 2007 s. 6 (ii) a municipal district, if the number of gaming machines available for gaming in the municipal district exceeds the maximum permissible 5 number available for gaming in the district; and (d) specify a time within which the Commission must make a determination under paragraph (c); and 10 (e) specify a maximum period within which gaming machines available for gaming that exceed the maximum permissible number are to be removed, being a period not exceeding 5 years 15 after the date on which the order is published in the Government Gazette; and (f) specify criteria that the Commission must have regard to when determining 20 the timing of reviews under section 3.2.4A. (2) An order under subsection (1) in relation to a municipal limit may exclude part of the municipal district from the order. 25 (3) If any part of a municipal district is subject to a regional limit, an order under subsection (1) in relation to a municipal limit applies only to the part (if any) of the municipal district that is not subject to the 30 regional limit. (4) Within the time specified in an order under subsection (1) or, if no time is specified in the order, within 60 days after the order is published in the Government Gazette, the 35 Commission must, by instrument published 561043B.I-5/6/2007 5 BILL LA INTRODUCTION 5/6/2007

 


 

Gambling Regulation Amendment Bill 2007 s. 6 in the Government Gazette, make any determination the order requires it to make-- (a) in accordance with the criteria specified in the order; and 5 (b) subject to compliance with any direction given by the Minister and in force under section 3.2.3(1). (5) If an order under subsection (1) does not specify all of the relevant information or 10 criteria by which the Commission must make a determination, the Commission may, in making a determination under subsection (4), determine anything that is necessary to give effect to the order. 15 (6) Within 7 days after publication of a determination under subsection (4), the Commission must-- (a) serve on each gaming operator a copy of the determination; and 20 (b) give each gaming operator a written direction requiring compliance with the regional limit or municipal limit (as the case requires) by any means specified by the Commission in the direction. 25 (7) A direction under subsection (6)(b) must specify-- (a) the number of gaming machines to be removed from the region or municipal district and from each approved venue; 30 and (b) the period within which the gaming machines are to be removed, being a period-- 561043B.I-5/6/2007 6 BILL LA INTRODUCTION 5/6/2007

 


 

Gambling Regulation Amendment Bill 2007 s. 6 (i) not exceeding the maximum period specified in the order under subsection (1); or (ii) if no period is set out in the order 5 under subsection (1), not exceeding 5 years. (8) A gaming operator must comply with a direction under subsection (6)(b). 3.2.4A Review of regional and municipal limits 10 (1) The Commission must, at any time determined by the Commission and, in any event, no later than 5 years after the publication of a determination under section 3.2.4(4) and thereafter at intervals not 15 exceeding 5 years-- (a) review the Commission's determination; and (b) if a regional limit or municipal limit determined by the Commission is no 20 longer appropriate, determine, by instrument published in the Government Gazette, within 30 days after completing the review, a new regional limit or municipal limit (as the 25 case requires)-- (i) in accordance with the criteria specified in the order under section 3.2.4(1); and (ii) subject to compliance with any 30 direction given by the Minister and in force under section 3.2.3(1). (2) Section 3.2.4 applies to a determination under subsection (1)(b) as if it were a 35 determination under section 3.2.4(4). 561043B.I-5/6/2007 7 BILL LA INTRODUCTION 5/6/2007

 


 

Gambling Regulation Amendment Bill 2007 s. 7 (3) In determining the timing of reviews under this section, the Commission must have regard to any criteria specified in an order under section 3.2.4(1)(f).". 5 7 No compensation payable In section 3.2.5 of the Principal Act-- (a) in paragraph (a), for "3.2.4; or" substitute "3.2.4."; (b) paragraphs (b) and (c) are repealed. 10 8 Matters to be considered in determining applications In section 3.4.11(1)(c) of the Principal Act, after "regional limit" insert "or municipal limit". 9 Amendment of conditions 15 (1) Sections 3.4.17(5) and 3.4.17(6) of the Principal Act are repealed. (2) In section 3.4.17(7)(c) of the Principal Act after "limit" insert "or municipal limit". 10 Consideration and making of amendment 20 In section 3.4.20(1)(b) of the Principal Act, for "regional limit for gaming machines for the region" substitute "regional limit or municipal limit for gaming machines for the region or municipal district". 25 11 Payment of accumulated credits and cashing of cheques (1) For the heading to section 3.5.33 of the Principal Act substitute-- "Payment of accumulated credits and cashing 30 of cheques". 561043B.I-5/6/2007 8 BILL LA INTRODUCTION 5/6/2007

 


 

Gambling Regulation Amendment Bill 2007 s. 12 (2) For section 3.5.33(1) of the Principal Act substitute-- "(1) If a person has $1000 or more worth of accumulated credits on a gaming machine, 5 the venue operator or gaming operator must not pay out, or allow another person to pay out, any of those credits except by cheque that is not payable to cash. Penalty: 60 penalty units.". 10 (3) In section 3.5.33(2) of the Principal Act, omit "winnings or". (4) After section 3.5.33(4) of the Principal Act insert-- "(5) In this section-- 15 accumulated credits means the amount of credits standing on any one gaming machine, whether initially credited to the machine or accumulated through play.". 20 12 Community benefit statements (1) For section 3.6.8(2) of the Principal Act substitute-- "(2) If-- (a) a club licence or racing club licence is 25 in force in respect of an approved venue; and (b) an audited community benefit statement lodged under section 3.6.9 by the holder of the licence indicates that the 30 holder has made less than the required community benefit contribution-- the Commission must declare that the licence holder is required to pay to the Commission, to be paid into the Consolidated Fund, an 561043B.I-5/6/2007 9 BILL LA INTRODUCTION 5/6/2007

 


 

Gambling Regulation Amendment Bill 2007 s. 12 amount equal to the difference between the required community benefit contribution and the community benefit contribution stated in the community benefit statement. 5 (2A) The licence holder must pay the required amount within 60 days after the licence holder is notified of the declaration under subsection (3). (2B) The Commission may extend the time for the 10 licence holder to pay the required amount if the Commission is satisfied that payment of the amount by the day required by subsection (2A) would expose the licence holder to significant financial hardship. 15 (2C) An amount equal to the amount paid into the Consolidated Fund under subsection (2) is to be paid out of the Consolidated Fund into the Community Support Fund and the Consolidated Fund is appropriated to the 20 necessary extent for that payment to be made.". (2) For section 3.6.8(3) of the Principal Act substitute-- "(3) The Commission must notify the licence 25 holder of a declaration under subsection (2).". (3) After section 3.6.8(4) of the Principal Act insert-- "(4A) If-- 30 (a) a club licence or racing club licence is in force in respect of an approved venue; and 561043B.I-5/6/2007 10 BILL LA INTRODUCTION 5/6/2007

 


 

Gambling Regulation Amendment Bill 2007 s. 12 (b) the holder of the licence has not lodged an audited community benefit statement under section 3.6.9 within the time required for lodgement-- 5 the Commission must declare that the amounts payable by the gaming operator under section 3.6.6 in respect of the venue are to be paid as if the licence were a pub licence, in respect of the period commencing 10 from the time the community benefit statement was required to be lodged until the time that the statement is lodged. (4B) The Commission must notify the gaming operator of-- 15 (a) the making of a declaration under subsection (4A); (b) the lodgement of an audited community benefit statement by the licence holder. (4C) Notification under subsection (4B)(a) must 20 set out the day on which payments in accordance with the declaration must commence, which must not be less than 30 days after the day on which the notification is given to the gaming 25 operator.". (4) In section 3.6.8(5) of the Principal Act, for "(2)" substitute "(4A)". (5) After section 3.6.9(1) of the Principal Act insert-- 30 "(1A) Subsection (1) does not apply to an approved venue in respect of which a pub licence is in force.". 561043B.I-5/6/2007 11 BILL LA INTRODUCTION 5/6/2007

 


 

Gambling Regulation Amendment Bill 2007 s. 13 (6) In the Principal Act-- (a) in section 3.6.9(2)(b)(iii), for "section 3.6.8(2)" substitute "section 3.6.8(4A)"; 5 (b) in section 3.6.10(1)(b), for "operator--" substitute "operator; or"; (c) after section 3.6.10(1)(b) insert-- "(c) to the Commission by a licence holder under section 3.6.8(2)--". 10 13 Payment to Community Support Fund In section 3.6.12(1A) of the Principal Act, for "4 financial years" substitute "8 financial years". 14 New Part 17 inserted in Schedule 7 At the end of Schedule 7 to the Principal Act 15 insert-- "PART 17--GAMBLING REGULATION AMENDMENT ACT 2007 17.1 Definition In this Part, commencement day means the 20 day on which section 6 of the Gambling Regulation Amendment Act 2007 comes into operation. 17.2 Ministerial orders and Commission directions and determinations 25 (1) An order of the Minister that was in force under section 3.2.4(1) immediately before the commencement day is taken, on and after that day, to be an order of the Minister under section 3.2.4(1) as in force on and after that 30 day. 561043B.I-5/6/2007 12 BILL LA INTRODUCTION 5/6/2007

 


 

Gambling Regulation Amendment Bill 2007 s. 15 (2) A determination of the Commission that was in force under section 3.2.4(2) immediately before the commencement day is taken, on and after that day, to be a determination of 5 the Commission under section 3.2.4(4) as in force on and after that day. (3) A direction of the Commission that was in force under section 3.2.4(3)(b) immediately before the commencement day is taken, on 10 and after that day, to be a direction of the Commission under section 3.2.4(6)(b) as in force on and after that day. 17.3 Community benefit statements (1) Sections 3.6.8, 3.6.9(2)(b)(iii) and 3.6.10, as 15 amended by section 12 of the Gambling Regulation Amendment Act 2007, apply in respect of a community benefit statement for the 2007-08 financial year and any subsequent financial year. 20 (2) Sections 3.6.8, 3.6.9(2)(b)(iii) and 3.6.10, as in force immediately before the commencement of section 12 of the Gambling Regulation Amendment Act 2007, continue to apply in respect of a 25 community benefit statement for the 2006-07 financial year. (3) Section 3.6.9(1A) applies in respect of a community benefit statement for the 2006-07 financial year and any subsequent 30 financial year.". 15 Repeal of Act This Act is repealed on 1 December 2008. 561043B.I-5/6/2007 13 BILL LA INTRODUCTION 5/6/2007

 


 

Gambling Regulation Amendment Bill 2007 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561043B.I-5/6/2007 14 BILL LA INTRODUCTION 5/6/2007

 


 

 


[Index] [Search] [Download] [Related Items] [Help]