[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA Gambling Regulation Amendment (Licensing) Bill 2010 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1 Purpose 1 2 Commencement 2 PART 2--AMENDMENT OF THE GAMBLING REGULATION ACT 2003 3 Division 1--Miscellaneous amendments 3 3 Definitions 3 4 Definitions--minor amendment to definition of venue condition 3 5 New definitions inserted for purpose of Chapter 3 3 6 Application for approval of premises 5 7 Responsible authority may make submission 5 8 Authority conferred by monitoring licence 5 9 Application for venue operator's licence 6 10 Nominee of licensee--increase in penalties 6 11 Disciplinary action against venue operator 7 12 Letter of censure 8 13 Minister may invite applications 9 14 New sections 3.4.49A to 3.4.49C inserted 9 3.4.49A Monitoring licensee must establish and maintain approved linked jackpot trust accounts 9 3.4.49B Operation of multiple venue linked jackpot arrangements without approved linked jackpot trust account prohibited 9 3.4.49C Payments out of approved linked jackpot trust accounts 9 15 Engaging contractors and appointing agents to assist with monitoring 10 16 Grounds for disciplinary action--monitoring licence 10 17 Suspension of licence 10 18 New section 3.4.59GA inserted 11 3.4.59GA Disciplinary and other action against monitoring licensee--preparatory action 11 561453B.I-14/4/2010 i BILL LA INTRODUCTION 14/4/2010
Clause Page 19 Appointment of a monitoring services provider after monitoring licence suspended, cancelled or surrendered 11 20 New section 3.4.68A inserted 12 3.4.68A Publication of standard price lists 12 21 Authority conferred by gaming machine entitlements 13 22 Minister may create and allocate gaming machine entitlements 13 23 New section 3.4A.6B inserted 13 3.4A.6B No compensation payable because of direction to enter related agreements under section 3.4A.6A 13 24 Gaming machine entitlements may authorise preparatory action 14 25 States rights in relation to allocated gaming machine entitlements 14 26 No compensation payable because of direction to enter related agreements under section 3.4A.11A 14 27 New section 3.4A.11C inserted 15 3.4A.11C Payments for gaming machine entitlements must be made to Commission 15 28 Gaming machine entitlements forfeited if venue operator defaults under related agreement 15 29 No compensation payable because of forfeiture of gaming machine entitlements 15 30 Amounts owed to the State in relation to gaming machine entitlements become immediately payable 15 31 Payment of proceeds from forfeited gaming machine entitlements that are allocated again 16 32 Trade Practices Act and Competition Code authorisation 16 33 Further amendments to section 3.4A.34 16 34 New Division 2A of Part 7 of Chapter 3 inserted 17 Division 2A--Approved linked jackpot trust account compliance requirements 17 3.7.6 Banking 17 3.7.6AA Accounting records in relation to approved linked jackpot trust accounts 18 3.7.6AB Functions of Commission under this Division may be performed by any commissioner 18 35 Directions to gaming operator to provide information etc. 18 36 Directions to monitoring licensee to provide information etc. 18 37 Registration of interest--wagering and betting licence 19 38 Grounds for disciplinary action--wagering and betting licence 19 39 New section 4.3A.30A inserted 19 4.3A.30A Disciplinary and other action against wagering and betting licensee--preparatory action 19 40 Trade Practices Act and Competition Code 20 41 Registration of interest--public lottery licence 21 42 Grounds for disciplinary action--public lottery licence 21 561453B.I-14/4/2010 ii BILL LA INTRODUCTION 14/4/2010
Clause Page 43 Registration of interest--keno licence 21 44 Grounds for disciplinary action--keno licence 22 45 New section 6A.3.30A inserted 22 6A.3.30A Disciplinary and other action against keno licensee-- preparatory action 22 46 Minor gaming must be in accordance with Chapter etc. 23 47 Definitions--disciplinary action against community or charitable organisations in relation to bingo 23 48 Disciplinary action--bingo centre operators 23 49 Police inquiry and report--applications 23 50 Police inquiry and report--applications for wagering and betting licence and keno licence 24 51 Police inquiry and report--transfers of monitoring licence, wagering and betting licence and keno licence and temporary licensing 24 52 Definitions--suitability of persons for invitation, and to apply, for monitoring licence 25 53 Police inquiry and report--suitability of persons for invitation, and to apply, for monitoring licence 25 54 Policy inquiry and report--applications for monitoring licence 26 55 Supreme Court--limitation of jurisdiction 27 Division 2--Associates 27 56 Definitions for purpose of Act 27 57 Who is an associate? 28 58 New Part 4A of Chapter 10 inserted 28 PART 4A--MONITORING OF RELATIONSHIPS WITH ASSOCIATES 28 Division 1--Interpretation 28 10.4A.1 Definitions 28 10.4A.2 Relevant interests 29 10.4A.3 References to the Corporations Act 29 Division 2--Notifications in relation to associates 30 10.4A.4 Change in situation of gambling industry participants, associates etc. 30 10.4A.5 Notification of Commission of persons who are likely to become associates 31 10.4A.6 Notification of Commission of persons who have become associates 31 Division 3--Commission approval 32 10.4A.7 Prior Commission approval required before certain persons become associates 32 561453B.I-14/4/2010 iii BILL LA INTRODUCTION 14/4/2010
Clause Page Division 4--Termination of associations, warnings and undertakings 33 10.4A.8 Termination of association 33 10.4A.9 Written warnings and undertakings in relation to conduct of associates 34 Division 5--Forfeiture and sale of shares in gambling industry participants 35 10.4A.10 Disposal, forfeiture etc. of shares 35 10.4A.11 Sale of forfeited shares 37 Division 6--Investigations for purposes of Divisions 4 and 5 38 10.4A.12 Investigation of associates and others 38 10.4A.13 Provision of information to Commission 38 10.4A.14 Reports to Minister 41 59 Investigations and inquiries for approval of associates 42 60 Consequential repeals 43 PART 3--AMENDMENT OF THE GAMBLING REGULATION FURTHER AMENDMENT ACT 2009 44 61 Application for approval of premises 44 62 New section 13 substituted 44 13 New section 3.3.5 substituted and new sections 3.3.5AA, 3.3.5AB, 3.3.5A and 3.3.5B inserted 44 63 Responsible authority may make submission 46 64 Determination of application 46 16 Determination of application 46 65 Section 21 substituted 48 21 Proposal of amendment by operator 48 66 Section 22 substituted 49 22 New sections 3.4.18A, 3.4.18B and 3.4.18C inserted 49 67 Submissions on proposed amendments 50 68 Section 24 substituted 51 24 Determination of application 51 69 Amendment of public lottery licence 52 70 Public hearings for amendments to venue operators' licences to increase gaming machine numbers 52 PART 4--AMENDMENT OF THE CASINO CONTROL ACT 1991 53 71 Cancellation, suspension or variation of casino licence 53 PART 5--AMENDMENT OF THE CONFISCATION ACT 1997 54 72 Amendment of Schedule 1 54 561453B.I-14/4/2010 iv BILL LA INTRODUCTION 14/4/2010
Clause Page PART 6--REPEAL OF AMENDING ACT 55 73 Repeal of Act 55 ENDNOTES 56 561453B.I-14/4/2010 v BILL LA INTRODUCTION 14/4/2010
PARLIAMENT OF VICTORIA Introduced in the Assembly Gambling Regulation Amendment (Licensing) Bill 2010 A Bill for an Act to amend the Gambling Regulation Act 2003, the Gambling Regulation Further Amendment Act 2009, the Casino Control Act 1991, the Confiscation Act 1997 and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purpose The main purpose of this Act is-- (a) to amend the Gambling Regulation Act 5 2003, and the Gambling Regulation Further Amendment Act 2009 to make further provision in relation to regulatory arrangements for-- 561453B.I-14/4/2010 1 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 1--Preliminary s. 2 (i) gaming machine entitlements and the monitoring, wagering and betting and keno licences; and (ii) the regulation of associates of gambling 5 industry participants; and (b) to amend the Casino Control Act 1991 to make further provision in relation to disciplinary action against the casino operator for offences involving minors; and 10 (c) to amend the Confiscation Act 1997 to remove a redundant reference to minor gaming permits. 2 Commencement (1) Subject to subsection (2), this Act comes into 15 operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 September 2012, it comes into operation on that day. __________________ 561453B.I-14/4/2010 2 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 3 PART 2--AMENDMENT OF THE GAMBLING REGULATION ACT 2003 Division 1--Miscellaneous amendments 3 Definitions 5 In section 1.3(1) of the Gambling Regulation See: Act No. Act 2003, in the definition of monitoring licence, 114/2003. after "Chapter 3" insert "or a temporary Reprint No. 3 as at monitoring licence issued under section 3.4.59I". 6 August 2009 and amending Act Nos 72/2007, 71/2008, 25/2009, 29/2009, 43/2009, 52/2009, 58/2009, 59/2009, 63/2009, 68/2009 and 69/2009. LawToday: www. legislation. vic.gov.au 4 Definitions--minor amendment to definition of 10 venue condition In section 3.1.2 of the Gambling Regulation Act 2003, in the definition of venue condition, for "3.4A.5(2)(b)" substitute "3.4A.5(4)(b)". 5 New definitions inserted for purpose of Chapter 3 15 In section 3.1.2 of the Gambling Regulation Act 2003 insert the following definitions-- "approved linked jackpot trust account means an account-- (a) established and maintained by the 20 monitoring licensee with an authorised deposit-taking institution in the State in 561453B.I-14/4/2010 3 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 5 relation to a multiple venue linked jackpot arrangement; and (b) into which only money-- (i) that is related to the multiple 5 venue linked jackpot arrangement; and (ii) that is required to be paid, is paid by a venue operator in accordance with a jackpot financial 10 administration services agreement between the monitoring licensee and that operator; jackpot financial administration services means-- 15 (a) establishing and maintaining an approved linked jackpot trust account in relation to a multiple venue linked jackpot arrangement; (b) the payment of money out of an 20 approved linked jackpot trust account to a venue operator; (c) accounting, banking, storage and other acts in connection with or related or incidental to a service referred to in 25 paragraph (a) or (b); jackpot financial administration services agreement means an agreement between the monitoring licensee and a venue operator for the provision of jackpot financial 30 administration services by the licensee to the venue operator; multiple venue linked jackpot arrangement means a linked jackpot arrangement linking gaming machines with other gaming 35 machines in 2 or more approved venues;". 561453B.I-14/4/2010 4 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 6 6 Application for approval of premises After section 3.3.4(1) of the Gambling Regulation Act 2003 insert-- "(1A) Unless the Commission considers there are 5 exceptional circumstances, an application under this section must be made within 3 days after a copy of the proposed application has been given to the relevant responsible authority under section 3.3.5. 10 (1B) If the Commission considers there are exceptional circumstances, the Commission, by written notice given to the applicant, may extend the period of time within which the applicant may make the application.". 15 7 Responsible authority may make submission In section 3.3.6(1) of the Gambling Regulation Act 2003, after "Commission on" insert "an application for approval of premises or an amendment of". 20 8 Authority conferred by monitoring licence (1) In section 3.4.4(1) of the Gambling Regulation Act 2003, for "section 3.4.48" substitute "section 3.4.48 or 3.4.48A". (2) After section 3.4.4(1)(c) of the Gambling 25 Regulation Act 2003 insert-- "(caa) to provide jackpot financial administration services in relation to multiple venue linked jackpot arrangements; and". 561453B.I-14/4/2010 5 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 9 (3) For section 3.4.4(2) of the Gambling Regulation Act 2003 substitute-- "(2) Despite anything to the contrary in this Act-- 5 (a) the facilitation of a linked jackpot arrangement by the monitoring licensee; or (b) the provision of jackpot financial administration services by the 10 monitoring licensee in relation to a multiple venue linked jackpot arrangement-- is not to be taken to constitute the conduct of gaming by the licensee if that facilitation or 15 provision occurs solely to enable a venue operator that holds a gaming machine entitlement to conduct gaming through a linked jackpot arrangement.". 9 Application for venue operator's licence 20 In section 3.4.8(1) of the Gambling Regulation Act 2003, for "not a natural person" substitute "a body corporate". 10 Nominee of licensee--increase in penalties (1) For the penalty at the foot of section 3.4.14(1) of 25 the Gambling Regulation Act 2003 substitute-- "Penalty: 60 penalty units.". (2) For the penalty at the foot of section 3.4.14(2) of the Gambling Regulation Act 2003 substitute-- "Penalty: 60 penalty units.". 30 (3) For the penalty at the foot of section 3.4.14(3) of the Gambling Regulation Act 2003 substitute-- "Penalty: 60 penalty units.". 561453B.I-14/4/2010 6 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 11 11 Disciplinary action against venue operator (1) In section 3.4.25(1) of the Gambling Regulation Act 2003, in paragraph (d) of the definition of disciplinary action, for "500" substitute "5000". 5 (2) In section 3.4.25(1) of the Gambling Regulation Act 2003 for the definition of grounds for disciplinary action substitute-- "grounds for disciplinary action, in relation to a venue operator, means any of the 10 following-- (a) that the venue operator's licence was obtained by a materially false or misleading representation or in some other improper way; 15 (b) that there have been repeated breaches in the approved venue of rules made by the Commission under section 3.5.23; (c) that there has been a contravention of section 3.2A.2, 3.2A.4, 3.2A.5 20 or 3.2A.6; (d) that the venue operator has contravened-- (i) the venue operator's licence; or (ii) a provision of this Act (being a 25 provision a contravention of which does not constitute an offence); or (iii) a condition imposed by the Minister on a gaming machine 30 entitlement under section 3.4A.5; or (iv) an agreement referred to in section 3.4A.6, 3.4A.6A, 3.4A.11A or 3.4A.17A; 561453B.I-14/4/2010 7 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 12 (e) that the venue operator has been found guilty of an offence-- (i) against a gaming Act or the gaming regulations; or 5 (ii) an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds imprisonment for 3 months; 10 (f) that an associate of the venue operator has been found guilty of an offence involving fraud or dishonesty, whether or not in Victoria, the maximum penalty for which exceeds 15 imprisonment for 3 months; (g) that the venue operator is not, or is no longer, a suitable person to conduct the activities authorised by the venue operator's licence, having regard to the 20 matters set out in section 3.4.11(2); (h) that the venue operator has repeatedly breached the venue operator's self- exclusion program; (i) that the venue operator has repeatedly 25 breached the venue operator's Responsible Gambling Code of Conduct; (j) that the venue operator has failed to discharge financial obligations to a 30 player;". 12 Letter of censure In section 3.4.26(2)(b) of the Gambling Regulation Act 2003, for "500" substitute "5000". 561453B.I-14/4/2010 8 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 13 13 Minister may invite applications In section 3.4.40(1)(b) of the Gambling Regulation Act 2003, for "not a natural person" substitute "a body corporate". 5 14 New sections 3.4.49A to 3.4.49C inserted After section 3.4.49 of the Gambling Regulation Act 2003 insert-- "3.4.49A Monitoring licensee must establish and maintain approved linked jackpot trust 10 accounts The monitoring licensee must establish and maintain at an authorised deposit-taking institution in the State a separate approved linked jackpot trust account for each multiple 15 venue linked jackpot arrangement. 3.4.49B Operation of multiple venue linked jackpot arrangements without approved linked jackpot trust account prohibited The monitoring licensee must not allow a 20 multiple venue linked jackpot arrangement to operate unless an approved linked jackpot trust account for that arrangement is established. 3.4.49C Payments out of approved linked jackpot 25 trust accounts (1) The monitoring licensee must pay out of an approved linked jackpot trust account-- (a) only the amounts that are specified under subsection (2); and 30 (b) only in accordance with a jackpot financial administration services agreement between the licensee and a venue operator whose money has been paid into the account. 561453B.I-14/4/2010 9 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 15 (2) For the purposes of subsection (1)(a) the amounts are-- (a) amounts to enable a venue operator to pay jackpot prizes; and 5 (b) fees payable by the monitoring licensee to the authorised deposit-taking institution in relation to the approved linked jackpot trust account; and (c) other amounts of money paid into the 10 approved linked jackpot trust account in accordance with a jackpot financial administration services agreement between the monitoring licensee and a venue operator.". 15 15 Engaging contractors and appointing agents to assist with monitoring In section 3.4.54(2) of the Gambling Regulation Act 2003, for "3.4.44" substitute "3.4.48". 16 Grounds for disciplinary action--monitoring licence 20 (1) In section 3.4.59D(d)(i) of the Gambling Regulation Act 2003 omit "a condition of". (2) In section 3.4.59D(e) of the Gambling Regulation Act 2003, for "section 3.4.48 or 3.4.59" substitute "section 3.4.48, 3.4.48A, 25 3.4.59 or 3.4.59LA". 17 Suspension of licence In the heading to section 3.4.59G of the Gambling Regulation Act 2003 omit "pending criminal proceedings". 561453B.I-14/4/2010 10 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 18 18 New section 3.4.59GA inserted After section 3.4.59G of the Gambling Regulation Act 2003 insert-- "3.4.59GA Disciplinary and other action against 5 monitoring licensee--preparatory action (1) Despite anything to the contrary in this Division-- (a) the Commission may take or recommend disciplinary action against 10 the monitoring licensee under section 3.4.59E; or (b) the Minister may-- (i) take disciplinary action under section 3.4.59F against the 15 monitoring licensee; or (ii) suspend the monitoring licence under section 3.4.59G-- during the period in which the monitoring licensee is authorised to take preparatory 20 action under section 3.4.52. (2) Despite section 3.4.50(a), for the purpose of subsection (1) the monitoring licence is taken to be in effect.". 19 Appointment of a monitoring services provider after 25 monitoring licence suspended, cancelled or surrendered For section 3.4.59LG(2)(a) and (b) of the Gambling Regulation Act 2003 substitute-- "(a) to-- 30 (i) provide monitoring services; and 561453B.I-14/4/2010 11 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 20 (ii) manage the business of the monitoring licensee to the extent that the business relates to the provision of monitoring services; or 5 (b) to-- (i) carry out preparatory action within the meaning of section 3.4.52(6); and (ii) manage the business of the monitoring licensee to the extent that the business 10 relates to the carrying out of preparatory action within the meaning of section 3.4.52(6).". 20 New section 3.4.68A inserted After section 3.4.68 of the Gambling Regulation 15 Act 2003 insert-- "3.4.68A Publication of standard price lists (1) A person listed on the Roll who manufactures gaming machines must publish or otherwise make available on request a 20 price list stating the prices of-- (a) gaming machines that the person may sell to a venue operator; and (b) the standard terms and conditions on which that person will sell the gaming 25 machines. (2) A price list published under this section must include the prices at which gaming machines may be sold in bulk. (3) A price list under this section may be 30 published on the person's Internet site.". 561453B.I-14/4/2010 12 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 21 21 Authority conferred by gaming machine entitlements (1) In section 3.4A.2(1) of the Gambling Regulation Act 2003, for "section 3.4A.6" substitute 5 "section 3.4A.6 or 3.4A.6A". (2) After section 3.4A.2(2) of the Gambling Regulation Act 2003 insert-- "(3) A club gaming machine entitlement only authorises the conduct of gaming by a venue 10 operator who holds a club venue operator's licence.". 22 Minister may create and allocate gaming machine entitlements In section 3.4A.5(2)(a) of the Gambling 15 Regulation Act 2003, for "a notice" substitute "an Order". 23 New section 3.4A.6B inserted After section 3.4A.6A of the Gambling Regulation Act 2003 insert-- 20 "3.4A.6B No compensation payable because of direction to enter related agreements under section 3.4A.6A No compensation is payable by the State because of a direction under section 3.4A.6A 25 or the entering into an agreement in compliance with a direction under section 3.4A.6A.". 561453B.I-14/4/2010 13 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 24 24 Gaming machine entitlements may authorise preparatory action In section 3.4A.9(6) of the Gambling Regulation Act 2003-- 5 (a) after paragraph (a) of the definition of preparatory action insert-- "(ab) installing, or causing to be installed, approved gaming machines in a gaming machine area;"; 10 (b) in paragraph (b) of the definition of preparatory action, after "paragraph (a)" insert "or (ab)". 25 States rights in relation to allocated gaming machine entitlements 15 (1) In section 3.4A.10(b) of the Gambling Regulation Act 2003 for "section 3.4A.6." substitute "section 3.4A.6; and". (2) After section 3.4A.10(b) of the Gambling Regulation Act 2003 insert-- 20 "(c) any agreement between the Minister and the venue operator under section 3.4A.6A.". 26 No compensation payable because of direction to enter related agreements under section 3.4A.11A In the heading to section 3.4A.11B of the 25 Gambling Regulation Act 2003 after "agreements" insert "under section 3.4A.11A". 561453B.I-14/4/2010 14 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 27 27 New section 3.4A.11C inserted After section 3.4A.11B of the Gambling Regulation Act 2003 insert-- "3.4A.11C Payments for gaming machine 5 entitlements must be made to Commission (1) A person to whom a gaming machine entitlement is allocated under section 3.4A.5 must pay the amount or amounts determined by the Minister under that section in respect 10 of the entitlement to the Commission, to be paid into the Consolidated Fund. (2) An amount under subsection (1) must be paid in accordance with the terms of an agreement referred to in section 3.4A.6 15 or 3.4A.6A.". 28 Gaming machine entitlements forfeited if venue operator defaults under related agreement In section 3.4A.27(1)(a) of the Gambling Regulation Act 2003 after "section 3.4A.6" insert 20 "or 3.4A.6A". 29 No compensation payable because of forfeiture of gaming machine entitlements In section 3.4A.31 of the Gambling Regulation Act 2003, for "Division 6, 7 or 8" substitute 25 "Division 6, 7, 8 or 8A". 30 Amounts owed to the State in relation to gaming machine entitlements become immediately payable In section 3.4A.32(1) of the Gambling Regulation Act 2003, for "Division 6, 7 or 8" 30 substitute "Division 6, 7, 8 or 8A". 561453B.I-14/4/2010 15 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 31 31 Payment of proceeds from forfeited gaming machine entitlements that are allocated again In section 3.4A.33(1) of the Gambling Regulation Act 2003, for "Division 6, 7 or 8" 5 (wherever occurring) substitute "Division 6, 7, 8 or 8A". 32 Trade Practices Act and Competition Code authorisation (1) In section 3.4A.34(1)(c) of the Gambling 10 Regulation Act 2003, for "(whether amended or not)." substitute "(whether amended or not);". (2) After section 3.4A.34(1)(c) of the Gambling Regulation Act 2003 insert-- "(d) all activities carried out by or on behalf of 15 the State for the purposes of this Act in connection with-- (i) the creation of gaming machine entitlements; or (ii) the allocation of gaming machine 20 entitlements to venue operators, including the allocation of gaming machine entitlements forfeited to the State under Division 6, 7 or 8.". 33 Further amendments to section 3.4A.34 25 (1) In section 3.4A.34(1)(d)(ii) of the Gambling Regulation Act 2003, for "Division 6, 7 or 8." substitute "Division 6, 7, 8 or 8A or purchased under Division 5A;". (2) After section 3.4A.34(1)(d)(ii) of the Gambling 30 Regulation Act 2003 insert-- "(iii) the purchase of gaming machine entitlements under Division 5A.". 561453B.I-14/4/2010 16 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 34 34 New Division 2A of Part 7 of Chapter 3 inserted After Division 2 of Part 7 of Chapter 3 of the Gambling Regulation Act 2003 insert-- "Division 2A--Approved linked jackpot trust 5 account compliance requirements 3.7.6 Banking (1) The monitoring licensee must, from time to time provide the Commission, as required, and in a form approved by the Commission, 10 with a written authority addressed to the authorised deposit-taking institution referred to in section 3.4.49A authorising that institution to comply with any requirements of an inspector exercising powers under this 15 section. Penalty: 100 penalty units. (2) An inspector may, by notice in writing, require the manager or other principal officer of an authorised deposit-taking institution 20 referred to in section 3.4.49A to provide the inspector with-- (a) a statement of an approved linked jackpot trust account referred to in that section; and 25 (b) any other particulars relating to the account that are specified in the notice. (3) A person to whom a notice is given under subsection (2) must comply with the notice. Penalty: 60 penalty units. 30 (4) An inspector cannot exercise a power under subsection (2) without the prior written approval of the Commission. 561453B.I-14/4/2010 17 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 35 3.7.6AA Accounting records in relation to approved linked jackpot trust accounts (1) The monitoring licensee must keep accounting records that correctly record and 5 explain the transactions relating to, and the financial position of, each approved linked jackpot trust account the licensee has established. Penalty: 60 penalty units. 10 (2) The monitoring licensee must keep the accounting records referred to in subsection (1) in the form required by the Commission and in a manner that will enable them to be conveniently and properly 15 audited. Penalty: 60 penalty units. 3.7.6AB Functions of Commission under this Division may be performed by any commissioner 20 A function of the Commission under this Division may be performed by any commissioner.". 35 Directions to gaming operator to provide information etc. 25 In section 3.7.6A(3)(b) of the Gambling Regulation Act 2003, for "section 3.4.41(2)" substitute "section 3.4.41A(2)". 36 Directions to monitoring licensee to provide information etc. 30 In section 3.7.6B(3)(b) of the Gambling Regulation Act 2003, for "section 3.4.41(2)" substitute "section 3.4.41A(2)". 561453B.I-14/4/2010 18 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 37 37 Registration of interest--wagering and betting licence (1) After section 4.3A.3(4)(a) of the Gambling Regulation Act 2003 insert-- 5 "(ab) is a body corporate; and". (2) In section 4.3A.3(4)(b) of the Gambling Regulation Act 2003 omit "a natural person or". 38 Grounds for disciplinary action--wagering and betting licence 10 (1) In section 4.3A.26(d)(i) of the Gambling Regulation Act 2003 omit "a condition of". (2) In section 4.3A.26(e) of the Gambling Regulation Act 2003, for "section 4.3A.10 or 4.3A.20" substitute "section 4.3A.10, 15 4.3A.10AA, 4.3A.20 or 4.3A.34AA". 39 New section 4.3A.30A inserted After section 4.3A.30 of the Gambling Regulation Act 2003 insert-- "4.3A.30A Disciplinary and other action against 20 wagering and betting licensee-- preparatory action (1) Despite anything to the contrary in this Part-- (a) the Commission may take or 25 recommend disciplinary action against the wagering and betting licensee under section 4.3A.27; or (b) the Minister may-- (i) take disciplinary action under 30 section 4.3A.28 against the wagering and betting licensee; or 561453B.I-14/4/2010 19 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 40 (ii) suspend the wagering and betting licence under section 4.3A.29-- during the period in which the wagering and betting licensee is authorised to take 5 preparatory action under section 4.3A.12. (2) Despite section 4.3A.11(1)(a), for the purpose of subsection (1) the wagering and betting licence is taken to be in effect.". 40 Trade Practices Act and Competition Code 10 (1) In sections 4.9.1(1)(c), (d) and (e) of the Gambling Regulation Act 2003, after "4.3A.10AA" insert ", 4.3A.31(2)". (2) After section 4.9.1(1) of the Gambling Regulation Act 2003 insert-- 15 "(1A) For the purposes of the Trade Practices Act 1974 of the Commonwealth and the Competition Code, the following things are authorised by this Act-- (a) specified persons acting collectively or 20 in combination with others in, or with respect to, the negotiation of, or giving effect to-- (i) an arrangement referred to in subsection (1)(c) (whether 25 amended or not); or (ii) an amendment to an arrangement referred to in subsection (1)(d); (b) the giving of consent under section 4.3A.34C. 30 (1B) Subsection (1A) applies to the things stated in that subsection whether those things happened before or happen on or after the commencement of that subsection.". 561453B.I-14/4/2010 20 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 41 (3) In section 4.9.1(2) of the Gambling Regulation Act 2003-- (a) in paragraph (b) of the definition of giving effect to, for "arrangement." substitute 5 "arrangement;"; (b) after the definition of giving effect to insert the following definition-- "specified persons means-- (a) Racing Victoria; and 10 (b) Harness Racing Victoria; and (c) Greyhound Racing Victoria; and (d) any other licensed racing club.". 41 Registration of interest--public lottery licence In section 5.3.2A(3)(b) of the Gambling 15 Regulation Act 2003, for "not a natural person" substitute "a body corporate". 42 Grounds for disciplinary action--public lottery licence For section 5.3.21(d) of the Gambling 20 Regulation Act 2003 substitute-- "(d) the licensee has contravened-- (i) the licence; or (ii) the lottery rules;". 43 Registration of interest--keno licence 25 In section 6A.3.3(4)(b) of the Gambling Regulation Act 2003, for "not a natural person" substitute "a body corporate". 561453B.I-14/4/2010 21 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 44 44 Grounds for disciplinary action--keno licence (1) In section 6A.3.26(d)(i) of the Gambling Regulation Act 2003 omit "a condition of". (2) In section 6A.3.26(e) of the Gambling 5 Regulation Act 2003, for "section 6A.3.10 or 6A.3.20" substitute "section 6A.3.10, 6A.3.10A, 6A.3.20 or 6A.3.34A". 45 New section 6A.3.30A inserted After section 6A.3.30 of the Gambling 10 Regulation Act 2003 insert-- "6A.3.30A Disciplinary and other action against keno licensee--preparatory action (1) Despite anything to the contrary in this Part-- 15 (a) the Commission may take or recommend disciplinary action against the keno licensee under section 6A.3.27; or (b) the Minister may-- 20 (i) take disciplinary action under section 6A.3.28 against the keno licensee; or (ii) suspend the keno licence under section 6A.3.29-- 25 during the period in which the keno licensee is authorised to take preparatory action under section 6A.3.12. (2) Despite section 6A.3.11(1)(a), for the purpose of subsection (1) the keno licence is 30 taken to be in effect.". 561453B.I-14/4/2010 22 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 46 46 Minor gaming must be in accordance with Chapter etc. In section 8.2.2 of the Gambling Regulation Act 2003, after "regulations" insert ", any applicable 5 rules made by the Commission under section 8.4.2D". 47 Definitions--disciplinary action against community or charitable organisations in relation to bingo In section 8.4.17 of the Gambling Regulation 10 Act 2003, in paragraph (b) of the definition of grounds for disciplinary action, for "or the regulations" substitute ", the regulations or any applicable rules made by the Commission under section 8.4.2D". 15 48 Disciplinary action--bingo centre operators In section 8.5.13 of the Gambling Regulation Act 2003, in paragraph (c) of the definition of grounds for disciplinary action, for "or the regulations" substitute ", the regulations or the 20 rules made by the Commission under section 8.4.2D". 49 Police inquiry and report--applications For section 10.4.4(1) of the Gambling Regulation Act 2003 substitute-- 25 "(1) The Commission must refer to the Chief Commissioner of Police-- (a) details of an application; and (b) a copy of any photograph, finger prints and palm prints obtained under section 30 10.4.3; and (c) any other information from or concerning an application that the Chief Commissioner of Police considers he or 561453B.I-14/4/2010 23 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 50 she needs to inquire into and report on the application.". 50 Police inquiry and report--applications for wagering and betting licence and keno licence 5 (1) For section 10.4.7D(1) of the Gambling Regulation Act 2003 substitute-- "(1) If the Secretary has requested the Commission to carry out an investigation or inquiry under section 10.4.7B, the 10 Commission must refer to the Chief Commissioner of Police-- (a) details of the application or registration of interest; and (b) a copy of any photograph, finger prints 15 and palm prints obtained under section 10.4.7C; and (c) any other information from or concerning the application or registration of interest that the Chief 20 Commissioner of Police considers he or she needs to inquire into and report on the application or registration of interest.". (2) In section 10.4.7D(2) of the Gambling 25 Regulation Act 2003, for "regarding" substitute "concerning". 51 Police inquiry and report--transfers of monitoring licence, wagering and betting licence and keno licence and temporary licensing 30 For section 10.4.7L(1)(a) and (b) of the Gambling Regulation Act 2003 substitute-- "(a) in the case of the application to transfer a relevant licence-- (i) details of the application; and 561453B.I-14/4/2010 24 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 52 (ii) a copy of any photograph, finger prints and palm prints obtained under section 10.4.7K; and (iii) any other information from or 5 concerning the application that the Chief Commissioner of Police considers he or she needs to inquire into and report on the application; (b) in the case of the issue of a temporary 10 licence-- (i) a copy of any photograph, finger prints and palm prints obtained under section 10.4.7K; and (ii) any other information concerning the 15 temporary licence that the Chief Commissioner of Police considers he or she needs to inquire into and report on the temporary licence.". 52 Definitions--suitability of persons for invitation, 20 and to apply, for monitoring licence In section 10.4.7P of the Gambling Regulation Act 2003, for the definition of pending applicant substitute-- "pending applicant means a person the Minister 25 has invited to apply for the monitoring licence but that has not applied for the monitoring licence under section 3.4.42;". 53 Police inquiry and report--suitability of persons for invitation, and to apply, for monitoring licence 30 For section 10.4.7S(1) of the Gambling Regulation Act 2003 substitute-- "(1) If the Secretary has requested the Commission to carry out an investigation or inquiry under section 10.4.7Q, the 561453B.I-14/4/2010 25 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 54 Commission must refer to the Chief Commissioner of Police-- (a) details of the request of the Secretary; and 5 (b) a copy of any photograph, finger prints and palm prints obtained under section 10.4.7R; and (c) any other information concerning the request that the Chief Commissioner of 10 Police considers he or she needs to inquire into and report on the request.". 54 Policy inquiry and report--applications for monitoring licence For section 10.4.7ZB(1) of the Gambling 15 Regulation Act 2003 substitute-- "(1) If the Secretary has requested the Commission to carry out an investigation or inquiry under section 10.4.7Z, the Commission must refer to the Chief 20 Commissioner of Police-- (a) details of the application; and (b) a copy of any photograph, finger prints and palm prints obtained under section 10.4.7ZA; and 25 (c) any other information from or concerning the application that the Chief Commissioner of Police considers he or she needs to inquire into and report on the application.". 561453B.I-14/4/2010 26 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 55 55 Supreme Court--limitation of jurisdiction (1) In section 11.1.7(1) of the Gambling Regulation Act 2003, for "sections 3.2.5 and 4.3.26(7)" substitute "section 3.2.5". 5 (2) Section 11.1.7(2) of the Gambling Regulation Act 2003 is repealed. Division 2--Associates 56 Definitions for purpose of Act In section 1.3(1) of the Gambling Regulation 10 Act 2003 insert the following definition-- "gambling industry participant means-- (a) a bingo centre operator; or (b) a holder of a commercial raffle organiser's licence; or 15 (c) a gaming operator; or (d) a holder of an interactive gaming licence; or (e) the keno licensee; or (f) the monitoring licensee; or 20 (g) a registered bookmaker; or (h) a public lottery licensee; or (i) a registered bookmaker's key employee; or (j) a venue operator; or 25 (k) the wagering and betting licensee; or (l) the holder of the wagering licence; or (m) a person listed on the Roll;". 561453B.I-14/4/2010 27 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 57 57 Who is an associate? (1) In section 1.4(1) of the Gambling Regulation Act 2003, for "person (the first person)" substitute "gambling industry participant". 5 (2) In section 1.4(1) of the Gambling Regulation Act 2003, for "first person" (wherever occurring) substitute "gambling industry participant". (3) In section 1.4(2) of the Gambling Regulation Act 2003 omit "Division 3A of Part 4 of 10 Chapter 3 (Regulation of Shareholding Interests of Gaming Operator) or Division 5 of Part 3 of Chapter 4 (Regulation of Shareholding Interests in Wagering and Gaming Licensee) or". (4) For the note at the foot of section 1.4(2) of the 15 Gambling Regulation Act 2003 substitute-- "Note Section 4.3A.34A defines associate for the purposes of Division 6A of Part 3A of Chapter 4.". 58 New Part 4A of Chapter 10 inserted 20 After Part 4 of Chapter 10 of the Gambling Regulation Act 2003 insert-- "PART 4A--MONITORING OF RELATIONSHIPS WITH ASSOCIATES Division 1--Interpretation 25 10.4A.1 Definitions In this Part-- associate suitability criteria, in relation to an associate, or a person who may become an associate, of a gambling industry 30 participant, means-- 561453B.I-14/4/2010 28 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 58 (a) whether the person is of good repute, having regard to character, honesty and integrity; (b) whether the person is of sound and 5 stable financial background; (c) whether the person has any business association with any person, body or association who or which, in the opinion of the 10 Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; 15 listed corporation has the same meaning as in section 9 of the Corporations Act; listed gambling industry participant means a gambling industry participant that is a listed corporation; 20 voting share in relation to a gambling industry participant, has the same meaning as in section 9 of the Corporations Act. 10.4A.2 Relevant interests 25 For the purposes of this Part, a person has a relevant interest in a share if, and only if, the person would be taken to have a relevant interest in the share because of sections 608 and 609 of the Corporations Act. 30 10.4A.3 References to the Corporations Act A reference in this Part to the Corporations Act is a reference to that Act as it would apply if references in that Act to a body corporate, corporation or company included 35 references to-- 561453B.I-14/4/2010 29 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 58 (a) a body corporate of any kind wherever formed or incorporated and whether formed or incorporated under that Act or any other law; and 5 (b) any unincorporated body, being a society, association, company of proprietors or other body, wherever formed, that, under the law of its place of formation, may sue or be sued, or 10 may hold property in the name of the secretary or some other officer of the society, association or body, or in the name of any trustee or trustees; and (c) any unincorporated body, being a 15 society, association, company of proprietors or other body or undertaking to which is applied, under the laws of the place of its formation, with or without exceptions, a law in 20 force in that place relating to companies or corporations as if it were a company or corporation within the meaning of that Act. Division 2--Notifications in relation to 25 associates 10.4A.4 Change in situation of gambling industry participants, associates etc. (1) Whenever a change of a kind specified by the Commission in writing given to a person 30 who is-- (a) a gambling industry participant; or (b) an associate of a participant; or 561453B.I-14/4/2010 30 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 58 (c) a nominee of a participant (if the participant is required under the Act to have a nominee)-- takes place in the situation existing in 5 relation to that person, the person must notify the Commission in writing of the change within 14 days after it takes place. Penalty: 60 penalty units. (2) A function of the Commission under this 10 section may be performed by any commissioner. 10.4A.5 Notification of Commission of persons who are likely to become associates A gambling industry participant must notify 15 the Commission in writing that a person is likely to become an associate of the participant of the kind referred to in section 1.4(1)(a) or (b) as soon as practicable after the participant becomes aware of the 20 likelihood. Penalty: 60 penalty units. 10.4A.6 Notification of Commission of persons who have become associates A gambling industry participant must notify 25 the Commission in writing of any person becoming an associate of the participant-- (a) of the kind referred to in section 1.4(1)(a) or (b); and (b) in respect of whom no approval has 30 been granted under section 10.4A.7-- within 7 days after becoming aware that the person has become an associate. Penalty: 60 penalty units. 561453B.I-14/4/2010 31 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 58 Division 3--Commission approval 10.4A.7 Prior Commission approval required before certain persons become associates (1) A gambling industry participant must ensure 5 that a person does not become an associate of the kind referred to in section 1.4(1)(a) or (b) except with the prior approval in writing of the Commission. Penalty: 60 penalty units. 10 (2) On application by a gambling industry participant, the Commission may grant its approval, but must not grant its approval unless satisfied that the person is suitable to be concerned in or associated with the 15 gambling business of the gambling industry participant. (3) In determining whether the person is a suitable person to be concerned in or associated with the gambling business of the 20 gambling industry participant, the Commission must have regard to the associate suitability criteria. (4) If the Commission refuses to grant its approval-- 25 (a) the Commission must notify the gambling industry participant in writing; and (b) to the extent that it is within the gambling industry participant's power 30 to do so, the participant must ensure-- (i) that the person does not become an associate; or 561453B.I-14/4/2010 32 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 58 (ii) if the person becomes or has become an associate, that the person ceases to be an associate of the licensee within 28 days after 5 the licensee is notified by the Commission under paragraph (a). (5) An approval under this section may be granted subject to any conditions that the Commission thinks fit. 10 Note Division 1 of Part 4 of Chapter 10 provides for the investigation of an application to approve a person to become an associate of a gambling industry participant. Division 4--Termination of associations, 15 warnings and undertakings 10.4A.8 Termination of association (1) This section applies if-- (a) a person is an associate of a gambling industry participant within the meaning 20 of section 1.4(1)(a) or (b); and (b) the Commission, having regard to the associate suitability criteria, determines that the associate is unsuitable to be concerned in or associated with the 25 gambling business of the gambling industry participant. (2) The Commission may, by notice in writing, require the associate to terminate the association with the gambling industry 30 participant. (3) An associate who is given written notice under subsection (2) must terminate the associate's association with the gambling 561453B.I-14/4/2010 33 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 58 industry participant within 14 days or any longer period agreed with the Commission. (4) If the association is not terminated within 14 days after the date of the notice referred 5 to in subsection (2) or any longer period agreed with the Commission, the Commission may, by notice in writing, direct the gambling industry participant to take all reasonable steps to terminate the association. 10 (5) A gambling industry participant must comply with the direction under subsection (4) within 14 days or any longer period agreed with the Commission. 10.4A.9 Written warnings and undertakings in 15 relation to conduct of associates (1) If the Commission determines that an associate of a gambling industry participant has engaged or is engaging in conduct that, in the Commission's opinion, is unacceptable 20 for a person who is concerned in or associated with the gambling business of the gambling industry participant, the Commission may-- (a) issue a written warning to the associate 25 that the conduct is unacceptable; or (b) give written notice to the associate requiring the associate to give a written undertaking to the Commission, within the period specified in the notice, 30 regarding the future conduct of the associate. (2) If the associate fails to give an undertaking required under subsection (1)(b) or breaches an undertaking given under that provision, 35 the Commission may give the associate written notice requiring the associate to 561453B.I-14/4/2010 34 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 58 terminate, within 14 days or a longer period agreed with the Commission, the association with the gambling industry participant. (3) If the association is not terminated within 5 14 days after the date of the notice referred to in subsection (2) or any longer period agreed with the Commission, the Commission may, by notice in writing, direct the gambling industry participant to take all 10 reasonable steps to terminate the association. (4) A gambling industry participant must comply with the direction under subsection (3) within 14 days or any longer period agreed with the Commission. 15 Division 5--Forfeiture and sale of shares in gambling industry participants 10.4A.10 Disposal, forfeiture etc. of shares (1) This section applies if after considering a report under section 10.4A.14, the Minister 20 considers that-- (a) a person who is the subject of the report has a relevant interest in shares in a listed gambling industry participant and because of that interest is an associate 25 of the participant of the kind referred to in section 1.4(1)(a); and (b) the person is not suitable to be concerned in or associated with the gambling business of the listed 30 gambling industry participant (the unsuitable associate). 561453B.I-14/4/2010 35 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 58 (2) The Minister may, by notice in writing served on-- (a) if the unsuitable associate holds voting shares in the listed gambling industry 5 participant in which the unsuitable associate has a relevant interest--the unsuitable associate; or (b) any other person who holds voting shares in the listed gambling industry 10 participant in which the unsuitable associate has a relevant interest-- declare that the unsuitable associate or that other person must, within a period specified in the notice, dispose of the relevant number 15 of those shares or a specified number of those shares not exceeding the relevant number. (3) A period specified in a notice under subsection (2) must not be less than 20 3 months commencing on the day the notice is served. (4) For the purposes of subsection (2), the relevant number of shares that an unsuitable associate or other person may be required by 25 a notice under that subsection to dispose of is the number of shares held by the unsuitable associate or other person that would need to be so disposed of in order to cause the unsuitable associate to cease to be an 30 associate of the listed gambling industry participant. (5) For the purposes of this section, an unsuitable associate or other person is not to be taken to have disposed of shares in the 35 listed gambling industry participant in which an unsuitable associate has a relevant interest 561453B.I-14/4/2010 36 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 58 unless and until the unsuitable associate or other person ceases to hold the shares and the unsuitable associate ceases to have a relevant interest in them. 5 (6) If an unsuitable associate or other person served with a notice of a declaration under subsection (2) requiring the associate or person to dispose of shares in the listed gambling industry participant fails to comply 10 with the notice within the period specified in the notice, the shares to which the notice relates are, by force of this subsection, forfeited to the State. (7) The Minister must cause written notice of a 15 declaration under subsection (2) requiring an unsuitable associate or other person to dispose of shares in the listed gambling industry participant to be served on the listed gambling industry participant. 20 10.4A.11 Sale of forfeited shares (1) The Commission is to sell any shares forfeited to the State under this Division. (2) For the purposes of any such sale, the Commission is not bound by any restriction 25 on the sale of shares contained in the constitution of the gambling industry participant. (3) Any money realised from the sale of forfeited shares under this section must, after 30 deduction of the reasonable costs of the forfeiture and sale, be paid to the person from whom the shares were forfeited. 561453B.I-14/4/2010 37 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 58 Division 6--Investigations for purposes of Divisions 4 and 5 10.4A.12 Investigation of associates and others (1) For the purposes of Divisions 4 and 5, the 5 Commission may from time to time investigate-- (a) an associate, a person likely to become an associate, or a person the Commission suspects is an associate of 10 a gambling industry participant; or (b) any person, body or association having a business association with an associate of a gambling industry participant. (2) The Commission-- 15 (a) may require an associate, a person likely to become an associate or a person the Commission suspects is an associate to consent to having his or her photograph, finger prints and palm 20 prints taken; and (b) must refer a copy of such photograph, finger prints and palm prints and any supporting documents to the Chief Commissioner of Police. 25 (3) A function of the Commission under this section may be performed by any commissioner. 10.4A.13 Provision of information to Commission (1) For the purpose of any investigation under 30 this Division, the Commission may, by notice in writing, require a regulated person-- 561453B.I-14/4/2010 38 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 58 (a) to provide the Commission or an authorised person, in accordance with directions in the notice, with any information as is specified in the notice 5 that is-- (i) relevant to the regulated person; or (ii) relevant to the gambling business of the gambling industry 10 participant; or (iii) otherwise required by the Commission; or (b) to produce to the Commission or an authorised person, in accordance with 15 the directions in the notice, any records or documents specified in the notice that are-- (i) relevant to the regulated person; or 20 (ii) relevant to the gambling business of the gambling industry participant; or (iii) otherwise required by the Commission-- 25 and to permit examination of those records or documents, the taking of extracts from them and the making of copies of them; or (c) to attend before the Commission or an 30 authorised person for examination, and to answer questions, in relation to any matters-- (i) relevant to the regulated person; or 561453B.I-14/4/2010 39 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 58 (ii) relevant to the gambling business of the gambling industry participant; or (iii) otherwise required by the 5 Commission. (2) If records or documents are produced under this section, the Commission or authorised person to whom they are produced may retain possession of the records or 10 documents for such period as may reasonably be necessary to permit examination of the records or documents, the taking of extracts from them and the making of copies of them. 15 (3) At any reasonable times during the period for which records or documents are retained, the Commission or authorised person must permit inspection of the records or documents by a person who would be 20 entitled to inspect them if they were not in the possession of the Commission or an authorised person. (4) A person incurs, with a requirement of a notice under this section, no liability for 25 breach of contract, breach of confidence or any other civil wrong. (5) In this section-- regulated person means-- (a) a gambling industry participant; or 30 (b) a person who in the opinion of the Commission is an associate of a gambling industry participant. 561453B.I-14/4/2010 40 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 58 10.4A.14 Reports to Minister (1) The Commission must make a written report to the Minister on any investigation under this Division if after that investigation the 5 Commission considers that-- (a) a person has a relevant interest in the shares in a listed gambling industry participant and because of that interest is an associate of the listed gambling 10 industry participant of the kind referred to in section 1.4(1)(a); and (b) the person is not suitable to be concerned in or associated with the gambling business of the listed 15 gambling industry participant. (2) The report must contain-- (a) an explanation of the relevant interest the person has in the listed gambling industry participant and how, by having 20 that interest, the person is an associate of the listed gambling industry participant; and (b) the reasons why the Commission considers that the person is not suitable 25 to be concerned in or associated with the gambling business of the listed gambling industry participant.". 561453B.I-14/4/2010 41 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 59 59 Investigations and inquiries for approval of associates (1) For section 10.4.1(cb) of the Gambling Regulation Act 2003 substitute-- 5 "(cb) an application for approval to become an associate of a gambling industry participant under section 10.4A.7;". (2) For section 10.4.2(2)(a)(vi) of the Gambling Regulation Act 2003 substitute-- 10 "(vi) approval to become an associate of a gambling industry participant under section 10.4A.7;". (3) For section 10.4.3(3)(a)(v) of the Gambling Regulation Act 2003 substitute-- 15 "(v) approval to become an associate of a gambling industry participant under section 10.4A.7;". (4) For section 10.4.4(3)(a)(v) of the Gambling Regulation Act 2003 substitute-- 20 "(v) approval to become an associate of a gambling industry participant under section 10.4A.7;". (5) For section 10.4.5(3)(a)(v) of the Gambling Regulation Act 2003 substitute-- 25 "(v) approval to become an associate of a gambling industry participant under section 10.4A.7;". (6) For section 10.4.6(5)(f) of the Gambling Regulation Act 2003 substitute-- 30 "(f) approval to become an associate of a gambling industry participant under section 10.4A.7;". 561453B.I-14/4/2010 42 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 2--Amendment of the Gambling Regulation Act 2003 s. 60 60 Consequential repeals (1) Division 3A of Part 4 of Chapter 3 of the Gambling Regulation Act 2003 is repealed. (2) Part 8 of Chapter 3 of the Gambling Regulation 5 Act 2003 is repealed. (3) Division 5 of Part 3 of Chapter 4 of the Gambling Regulation Act 2003 is repealed. (4) Part 6 of Chapter 5 of the Gambling Regulation Act 2003 is repealed. 10 (5) Part 7 of Chapter 7 of the Gambling Regulation Act 2003 is repealed. (6) Sections 4.3.30, 4.3.30A, 4.3.30B, 4.3.30C, 4.3A.25, 4.5A.17, 5.7.17, 6A.3.25, 8.5.39, 8.5.40, 8.5.41, 8.5A.20, 8.5A.21 and 8.5A.22 of the 15 Gambling Regulation Act 2003 are repealed. __________________ 561453B.I-14/4/2010 43 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 3--Amendment of the Gambling Regulation Further Amendment Act s. 61 2009 PART 3--AMENDMENT OF THE GAMBLING REGULATION FURTHER AMENDMENT ACT 2009 61 Application for approval of premises See: In section 12(2) of the Gambling Regulation Act No. 5 58/2009. Further Amendment Act 2009, for proposed Statute Book: section 3.3.4(3)(bb) of the Gambling Regulation www. legislation. Act 2003 substitute-- vic.gov.au "(bb) evidence that the owner or a person authorised by the owner has complied with 10 section 3.3.5; and". 62 New section 13 substituted For section 13 of the Gambling Regulation Further Amendment Act 2009 substitute-- '13 New section 3.3.5 substituted and new 15 sections 3.3.5AA, 3.3.5AB, 3.3.5A and 3.3.5B inserted For section 3.3.5 of the Principal Act substitute-- "3.3.5 Proposed application must be given 20 to relevant responsible authority before application is made The owner of premises or a person authorised by the owner who proposes to apply under section 3.3.4 for 25 approval of the premises as suitable for gaming must give to the relevant responsible authority within the meaning of the Planning and Environment Act 1987 a copy of the 30 proposed application before making the application under that section. 561453B.I-14/4/2010 44 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 3--Amendment of the Gambling Regulation Further Amendment Act s. 62 2009 3.3.5AA Commission to notify relevant responsible authority of receipt of application The Commission, on receiving an 5 application under section 3.3.4, must notify the relevant responsible authority in writing that it has received the application. 3.3.5AB Amendment of application for 10 premises approval (1) An applicant may amend an application made under section 3.3.4 for the approval of premises as suitable for gaming before the Commission 15 determines the application under section 3.3.8. The applicant may do so by submitting the application, with the amendments, to the Commission. (2) The applicant must also give a copy of 20 the application, as amended, to the relevant responsible authority on the same day the applicant submits the amended application to the Commission. 25 3.3.5A No change permitted to number of gaming machines sought in application after certain period Despite section 3.3.5AB, the applicant cannot, in an amended application 30 submitted under that section, change the number, stated in the application, of gaming machines sought to be permitted on the premises for gaming once the first 30 days after giving the 35 relevant responsible authority a copy of 561453B.I-14/4/2010 45 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 3--Amendment of the Gambling Regulation Further Amendment Act s. 63 2009 the proposed application under section 3.3.5 elapse. 3.3.5B Relevant responsible authority must notify Commission of intention to 5 make submission The relevant responsible authority must notify the Commission in writing as to whether it intends to make a submission under section 3.3.6 in respect of any 10 application or amended application within 37 days after receiving a notice under section 3.3.5AA or a copy of the amended application under section 3.3.5AB(2), as the case may be.".'. 15 63 Responsible authority may make submission In section 14(2) of the Gambling Regulation Further Amendment Act 2009, in proposed section 3.3.6(3) of the Gambling Regulation Act 2003, for "receives a copy of the proposed 20 application under section 3.3.5(1)" substitute "receives a notice under section 3.3.5AA or a copy of an amended application under section 3.3.5AB(2), as the case may be". 64 Determination of application 25 (1) For section 16 of the Gambling Regulation Further Amendment Act 2009 substitute-- '16 Determination of application After section 3.3.8(1) of the Principal Act insert-- 30 "(1A) The Commission must use its reasonable endeavours to determine an application within the required period. 561453B.I-14/4/2010 46 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 3--Amendment of the Gambling Regulation Further Amendment Act s. 64 2009 (1B) For the purposes of subsection (1A) the required period is-- (a) 60 days after receiving a notification from the relevant 5 responsible authority under section 3.3.5B that it does not intend to make a submission under section 3.3.6 (whether or not a submission has been made on the 10 application before the application was amended); (b) if a submission is made by the authority under section 3.3.6 and no amendment in respect of the 15 application has been submitted to the Commission, 60 days after the making of the submission; (c) if an amendment in respect of the application has been submitted to 20 the Commission and a submission has been made by the authority under section 3.3.6 in relation to the application as amended, 60 days after the making of the 25 submission. (1C) Subsection (1B)(c) applies even if the relevant responsible authority has made a submission under section 3.3.6 on the application before the application was 30 amended. (1D) If the Commission does not determine the application within the required period specified under subsection (1A), the Commission is to be taken to have 35 refused to grant the approval.".'. 561453B.I-14/4/2010 47 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 3--Amendment of the Gambling Regulation Further Amendment Act s. 65 2009 65 Section 21 substituted For section 21 of the Gambling Regulation Further Amendment Act 2009 substitute-- '21 Proposal of amendment by operator 5 For section 3.4.18(2) of the Principal Act substitute-- "(2) If the request is for an amendment to increase the number of gaming machines permitted in an approved 10 venue, the venue operator must give the municipal council of the municipal district in which the approved venue is located a copy of the proposed request before submitting the request to the 15 Commission. (2A) If the request is for an amendment to increase the number of gaming machines permitted in an approved venue, unless the Commission 20 considers there are exceptional circumstances, the venue operator must submit the request to the Commission within 3 days after giving a copy of the proposed request to the municipal 25 council under subsection (2). (2B) If the Commission considers there are exceptional circumstances, the Commission, by written notice given to the venue operator, may extend the 30 period of time within which the venue operator may submit the request.".'. 561453B.I-14/4/2010 48 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 3--Amendment of the Gambling Regulation Further Amendment Act s. 66 2009 66 Section 22 substituted For section 22 of the Gambling Regulation Further Amendment Act 2009 substitute-- '22 New sections 3.4.18A, 3.4.18B and 3.4.18C 5 inserted After section 3.4.18 of the Principal Act insert-- "3.4.18A Commission to notify municipal council of receipt of proposal 10 The Commission, on receiving a request for amendment by a venue operator to increase the number of gaming machines permitted in an approved venue under section 15 3.4.17(4), must notify the municipal council of the municipal district in which the approved venue is located in writing that it has received the request. 3.4.18B Amendment of proposal to increase 20 number of gaming machines permitted in an approved venue (1) A venue operator who has requested an amendment to increase the number of gaming machines permitted in an 25 approved venue under section 3.4.17(4) may only amend the request within 30 days after giving the municipal council of the municipal district in which the approved venue is located a 30 copy of the proposed request under section 3.4.18(2). The venue operator may do so by submitting the request, with the amendments, to the Commission. 561453B.I-14/4/2010 49 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 3--Amendment of the Gambling Regulation Further Amendment Act s. 67 2009 (2) The venue operator must also give a copy of the request, as amended, to the municipal council on the same day the venue operator submits the request to 5 the Commission. 3.4.18C Municipal council must notify Commission of intention to make submission The municipal council must notify the 10 Commission in writing as to whether it intends to make a submission under section 3.4.19 in respect of any request or amended request within 37 days after receiving a notice under section 15 3.4.18A or a copy of the amended request under section 3.4.18B(2), as the case may be.".'. 67 Submissions on proposed amendments (1) In section 23(1) of the Gambling Regulation 20 Further Amendment Act 2009, for proposed section 3.4.19(1A) of the Gambling Regulation Act 2003 substitute-- "(1A) Unless the Commission considers there are exceptional circumstances, a submission 25 must be made within 60 days after the municipal council receives notice under section 3.4.18A or a copy of an amended request under section 3.4.18B(2), as the case may be.". 30 (2) In section 23(1) of the Gambling Regulation Further Amendment Act 2009, in proposed section 3.4.19(1B) of the Gambling Regulation Act 2003 omit "or there is a change, in the request for an amendment, to the number of gaming 35 machines sought to be permitted in the premises for gaming,". 561453B.I-14/4/2010 50 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 3--Amendment of the Gambling Regulation Further Amendment Act s. 68 2009 68 Section 24 substituted For section 24 of the Gambling Regulation Further Amendment Act 2009 substitute-- '24 Determination of application 5 After section 3.4.20(2) of the Principal Act insert-- "(2A) In the case of a proposed amendment to increase the number of gaming machines permitted in an approved 10 venue, the Commission must use its reasonable endeavours to decide whether to make the proposed amendment within the required period. (2B) For the purposes of subsection (2A) the 15 required period is-- (a) 60 days after receiving notification from the municipal council under section 3.4.18C that it does not intend to make a 20 submission under section 3.4.19 (whether or not a submission has been made on the request before the request was amended); (b) if a submission is made by the 25 municipal council under section 3.4.19 and no amendment in respect of the request has been submitted to the Commission, 60 days after the making of the 30 submission; (c) if an amendment in respect of the request has been submitted to the Commission and a submission has been made by the municipal 35 council under section 3.4.19 in relation to the request as amended, 561453B.I-14/4/2010 51 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 3--Amendment of the Gambling Regulation Further Amendment Act s. 69 2009 60 days after the making of the submission. (2C) Subsection (2B)(c) applies even if the municipal council has made a 5 submission under section 3.4.19 on the request before the request was amended. (2D) If the Commission does not make a decision within the required period 10 specified under subsection (2A), the Commission is taken to have refused to make the proposed amendment.".'. 69 Amendment of public lottery licence Section 85(2) of the Gambling Regulation 15 Further Amendment Act 2009 is repealed. 70 Public hearings for amendments to venue operators' licences to increase gaming machine numbers In section 108 of the Gambling Regulation Further Amendment Act 2009, for proposed 20 section 10.1.22(2)(c)(iiia) of the Gambling Regulation Act 2003 substitute-- "(iiia) increase the number of gaming machines permitted in an approved venue within 2 years after the Commission has approved 25 an increase of not more than 10% in the number of gaming machines permitted in the venue;". __________________ 561453B.I-14/4/2010 52 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 4--Amendment of the Casino Control Act 1991 s. 71 PART 4--AMENDMENT OF THE CASINO CONTROL ACT 1991 71 Cancellation, suspension or variation of casino licence 5 In section 20(1) of the Casino Control Act 1991, See: Act No. in paragraph (b) of the definition of grounds for 47/1991. disciplinary action after "this Act" insert "or the Reprint No. 7 as at Gambling Regulation Act 2003". 5 April 2006 and amending Act Nos 24/2006, 79/2006, 22/2007, 72/2007, 71/2008, 3/2009, 29/2009, 68/2009 and 84/2009. LawToday: www. legislation. vic.gov.au __________________ 561453B.I-14/4/2010 53 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 5--Amendment of the Confiscation Act 1997 s. 72 PART 5--AMENDMENT OF THE CONFISCATION ACT 1997 72 Amendment of Schedule 1 See: In item 10(q) of Schedule 1 to the Confiscation Act No. 108/1997. Act 1997 omit "and minor gaming permit". Reprint No. 5 as at 26 September 2007 and amending Act Nos 12/2008, 34/2008, 52/2009, 68/2009 and 69/2009. LawToday: www. legislation. vic.gov.au __________________ 561453B.I-14/4/2010 54 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Part 6--Repeal of Amending Act s. 73 PART 6--REPEAL OF AMENDING ACT 73 Repeal of Act This Act is repealed on 1 September 2013. Note 5 The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 561453B.I-14/4/2010 55 BILL LA INTRODUCTION 14/4/2010
Gambling Regulation Amendment (Licensing) Bill 2010 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561453B.I-14/4/2010 56 BILL LA INTRODUCTION 14/4/2010
[Index] [Search] [Download] [Related Items] [Help]