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PARLIAMENT OF VICTORIA Gambling Regulation Amendment (Licensing) Bill 2011 TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1 Purpose 1 2 Commencement 3 PART 2--AMENDMENTS TO THE GAMBLING REGULATION ACT 2003 4 Division 1--Miscellaneous amendments 4 3 Definitions 4 4 Possession of gaming machines may be authorised 5 5 Conduct of gaming 6 6 Authority conferred by gaming operator's licence 6 7 New section 3.4.5 substituted 7 3.4.5 Authority conferred by listing on the Roll 7 8 Authority conferred by listing on the Roll 9 9 Matters to be considered in determining applications 10 10 Register of venue operators and approved venues 10 11 New section 3.4.13A inserted 11 3.4.13A Venue operator to give Commission certain information about where gaming will be conducted under gaming machine entitlements 11 12 Disciplinary action against venue operator 11 13 Limitation of monitoring licensee's civil liability 12 14 Minister may determine certain damages that must be included in related agreements 12 15 Arrangements with former licensee 12 16 Further provisions for temporary licence 13 17 Appointment of a monitoring services provider if monitoring licences not granted 13 18 Appointment of a monitoring services provider after monitoring licence suspended or cancelled 13 19 The Roll 14 20 Amendments relating to the Roll--Post new industry arrangements 15 21 Application to be listed on the Roll 15 571023B.I-30/8/2011 i BILL LA INTRODUCTION 30/8/2011
Clause Page 22 Determination of applications 15 23 Disciplinary action 16 24 Gaming machine entitlements may authorise preparatory action 16 25 New section 3.5.7A inserted 17 3.5.7A Linked jackpot arrangements unlawful without approval 17 26 New sections 3.5.7B and 3.5.7C inserted 17 3.5.7B Approval of linked jackpot arrangements 17 3.5.7C Withdrawal of approval 19 27 Testing of electronic monitoring system 20 28 Approval of electronic monitoring systems 21 29 New section 3.5.17C inserted 22 3.5.17C Offence to interfere with an electronic monitoring system 22 30 Directions to gaming operator to provide information etc. 22 31 Directions to monitoring licensee to provide information etc. 22 32 New Part 8 of Chapter 3 inserted 23 PART 8--LEGACY MONITORING SYSTEMS 23 Division 1--Preliminary 23 3.8.1 Definitions 23 3.8.2 Meaning of legacy monitoring system 23 3.8.3 Meaning of specified monitoring system information 24 3.8.4 Authorised persons 25 Division 2--Information gathering powers 25 3.8.5 Minister may direct legacy monitoring system owners to provide information and documents 25 Division 3--Due diligence powers 27 3.8.6 Access notice 27 3.8.7 Access powers 28 3.8.8 What can the Minister or authorised person do after service of access notice? 29 3.8.9 Specified persons must give information to Minister or authorised persons 30 3.8.10 Direction to provide reasonable assistance 31 3.8.11 Offences relating to obstruction of Minister or authorised persons 34 Division 4--Other matters 34 3.8.12 No compensation payable 34 3.8.13 Compliance with certain directions is not a breach of contract, breach of confidence or any other civil wrong 34 571023B.I-30/8/2011 ii BILL LA INTRODUCTION 30/8/2011
Clause Page 33 Determination for application for registration as bookmaker's key employee 35 34 Conditions of registration 35 35 New sections 4.5A.14A and 4.5A.14B inserted 35 4.5A.14A Suspension of a bookmaker's registration pending criminal proceedings 35 4.5A.14B Suspension of a bookmaker's key employee's registration pending criminal proceedings 36 36 Review by VCAT of registrations as bookmaker or bookmaker's key employee 37 37 Supervision of public lottery draws by Commission's representative 37 38 New section 5.7.17 inserted 38 5.7.17 Change in situation of permit holder 38 39 Application for minor gaming permit 38 40 Determination of application 39 41 Change in situation of person or associate 39 42 Publication of Review Panel reports 39 43 Statute law revision 41 Division 2--Prohibition on lobbying 41 Subdivision 1--Monitoring licence 41 44 Definitions 41 45 Application for monitoring licence 43 46 Prohibition on improper interference 44 47 New section 3.4.45A inserted 44 3.4.45A Prohibition on lobbying in relation to grant of application 44 48 Amendment of licence 44 49 New section 3.4.59CA inserted 44 3.4.59CA Prohibition on lobbying for amendment of licence 44 50 Secretary may require further information 45 Subdivision 2--Wagering and betting licence 45 51 New Division 1AA of Part 3A of Chapter 4 inserted 45 Division 1AA--Interpretation 45 4.3A.1AA Definitions 45 52 Registration of interest 48 53 Application for licence 48 54 Prohibition on improper interference 48 55 New section 4.3A.7B inserted 48 4.3A.7B Prohibition on lobbying in relation to grant of application 48 56 Amendment of licence 49 571023B.I-30/8/2011 iii BILL LA INTRODUCTION 30/8/2011
Clause Page 57 New section 4.3A.23A inserted 49 4.3A.23A Prohibition on lobbying for amendment of licence 49 Subdivision 3--Public lottery licences 50 58 New Division 1AA of Part 3 of Chapter 5 inserted 50 Division 1AA--Interpretation 50 5.3.1AA Definitions 50 59 New sections 5.3.5A and 5.3.5B inserted 53 5.3.5A Prohibition on improper interference 53 5.3.5B Prohibition on lobbying in relation to grant of application 53 60 Amendment of licence 54 61 New section 5.3.19A inserted 54 5.3.19A Prohibition on lobbying for amendment of licence 54 Subdivision 4--Keno licence 54 62 New Division 1AA of Part 3 of Chapter 6A inserted 54 Division 1AA--Interpretation 54 6A.3.1AA Definitions 54 63 Registration of interest 57 64 Application for licence 57 65 Prohibition on improper interference 57 66 New section 6A.3.7B inserted 58 6A.3.7B Prohibition on lobbying in relation to grant of application 58 67 Amendment of licence 58 68 New section 6A.3.23A inserted 58 6A.3.23A Prohibition on lobbying for amendment of licence 58 PART 3--AMENDMENTS TO THE GAMBLING REGULATION FURTHER AMENDMENT ACT 2009 60 69 Possession of gaming machines may be authorised 60 8 Possession of gaming machines may be authorised 60 70 Repeal of redundant provision 60 71 Statute law revision 61 PART 4--AMENDMENTS TO THE GAMBLING REGULATION AMENDMENT (LICENSING) ACT 2009 62 72 Review of approvals 62 73 Statute law revision 62 571023B.I-30/8/2011 iv BILL LA INTRODUCTION 30/8/2011
Clause Page PART 5--AMENDMENT TO THE LIQUOR CONTROL REFORM ACT 1998 63 74 Betting on licensed premises 63 PART 6--REPEAL OF AMENDING ACT 64 75 Repeal of Act 64 ENDNOTES 65 571023B.I-30/8/2011 v BILL LA INTRODUCTION 30/8/2011
PARLIAMENT OF VICTORIA Introduced in the Assembly Gambling Regulation Amendment (Licensing) Bill 2011 A Bill for an Act to amend the Gambling Regulation Act 2003, the Gambling Regulation Further Amendment Act 2009, the Gambling Regulation Amendment (Licensing) Act 2009 and the Liquor Control Reform Act 1998 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, the Gambling Regulation Further Amendment Act 2009, the Gambling Regulation Amendment (Licensing) Act 2009 and the Liquor Control Reform Act 1998 to make further provision in respect of 10 regulatory arrangements for gaming machine 571023B.I-30/8/2011 1 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 1--Preliminary s. 1 entitlements and the monitoring, wagering and betting and keno licences; and (b) to amend the Gambling Regulation Act 2003-- 5 (i) to prohibit lobbying in respect of the award and amendment of certain gambling licences; and (ii) to make further provision for the implementation of the new monitoring 10 arrangements by 16 August 2012 by-- (A) conferring certain powers on the Minister and persons authorised by the Minister to obtain information relating to the 15 monitoring systems used by the gaming operators and their ownership; and (B) conferring on the Minister, and persons authorised by the 20 Minister, powers to access monitoring systems used by gaming operators and information and documents relating to those monitoring systems; and 25 (iii) to empower the Commission to suspend the registration of a bookmaker or a bookmaker's key employee if the Commission is satisfied that the bookmaker or key employee has been 30 charged with certain offences, including offences against the Racing Act 1958, indictable offences and offences involving fraud or dishonesty; and 571023B.I-30/8/2011 2 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 1--Preliminary s. 2 (iv) to not require the conduct of public lotteries determined by a random number generator to be supervised by a person nominated by the Commission; 5 and (c) to make other amendments to the Gambling Regulation Act 2003, the Gambling Regulation Further Amendment Act 2009 and the Gambling Regulation Amendment 10 (Licensing) Act 2009 to improve the operation of the Gambling Regulation Act 2003. 2 Commencement (1) Part 1 and sections 3, 13 to 18, 23, 24, 30, 31, 32, 15 38, 41, 43, 71 to 73 and 75 come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a 20 day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 1 November 2012, it comes into operation on that day. __________________ 571023B.I-30/8/2011 3 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 3 PART 2--AMENDMENTS TO THE GAMBLING REGULATION ACT 2003 Division 1--Miscellaneous amendments 3 Definitions 5 See: Act No. (1) In section 1.3(1) of the Gambling Regulation 114/2003. Act 2003, in the definition of gambling industry Reprint No. 4 participant-- as at 1 January 2011 (a) in paragraph (m), for "Roll;" substitute and "Roll; or"; amending 10 Act Nos (b) after paragraph (m) insert-- 29/2009, 58/2009, "(n) a relevant applicant, invitee or 56/2010, 64/2010 and registrant;". 74/2010. LawToday: (2) In section 1.3(1) of the Gambling Regulation www. legislation. Act 2003 insert the following definition-- vic.gov.au 15 "relevant applicant, invitee or registrant means-- (a) a person the Minister has invited to apply for the monitoring licence but that has not applied for the monitoring licence under section 3.4.42; or 20 (b) a person the Minister is considering to invite to apply for the monitoring licence under section 3.4.40; or (c) a person who registers an interest in the grant of the wagering and betting 25 licence, a public lottery licence or the keno licence; or (d) an applicant for the monitoring licence, the wagering and betting licence, a public lottery licence or the keno 30 licence;". 571023B.I-30/8/2011 4 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 4 (3) After section 1.3(2) of the Gambling Regulation Act 2003 insert-- "(2A) A reference to a person listed on the Roll is to be read as a reference to the person being 5 listed in the appropriate division of the Roll as determined by the Commission on the granting of that person's application under section 3.4.63.". 4 Possession of gaming machines may be authorised 10 (1) After section 3.2.2(2) of the Gambling Regulation Act 2003 insert-- "(2B) The Commission may authorise, in writing, a venue operator to be in possession of, or sell or dispose of, gaming equipment after a 15 relevant event. (2C) The Commission may give an authorisation under subsection (2B) only if the gaming equipment was acquired while the venue operator held a gaming machine 20 entitlement.". (2) In section 3.2.2(3) of the Gambling Regulation Act 2003, for "or (2)" substitute ", (2) or (2B)". (3) After section 3.2.2(4) of the Gambling Regulation Act 2003 insert-- 25 "(5) In this section-- relevant event, for a venue operator, means-- (a) the forfeiture, under Division 6, 7, 8 or 8A of Part 4A, of all gaming 30 machine entitlements held by the operator; or 571023B.I-30/8/2011 5 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 5 (b) the transfer, under Division 5 of Part 4A, of all gaming machine entitlements held by the operator to another venue operator; or 5 (c) the sale, under Division 5A of Part 4A, of all gaming machine entitlements held by the operator.". 5 Conduct of gaming 10 In section 3.1.4(1)(a) of the Gambling Regulation Act 2003, after "equipment" insert ", and the doing of those things under a linked jackpot arrangement". 6 Authority conferred by gaming operator's licence 15 In section 3.4.2 of the Gambling Regulation Act 2003-- (a) after paragraph (a) insert-- "(ab) with the approval of the Commission, to obtain approved gaming machines 20 and restricted components from the other gaming operator; and"; (b) for paragraph (e) substitute-- "(e) with the approval of the Commission-- (i) to sell or dispose of gaming 25 equipment, including to the other gaming operator; (ii) to supply approved gaming machines and restricted components to the other gaming 30 operator;". 571023B.I-30/8/2011 6 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 7 7 New section 3.4.5 substituted For section 3.4.5 of the Gambling Regulation Act 2003 substitute-- "3.4.5 Authority conferred by listing on the Roll 5 A person whose name is listed on the Roll is authorised, subject to this Act, to do any one or more of the following things as specified in the Commission's determination under section 3.4.63 granting that person's 10 application for listing and subject to any conditions to which that listing is subject-- (a) if the person is listed in the division of the Roll for manufacturers-- (i) manufacture, sell or supply 15 approved gaming machines (including obtaining restricted components for the purpose of manufacturing approved gaming machines); 20 (ii) manufacture, sell or supply restricted components; (iii) a prescribed activity; (b) if the person is listed in the division of the Roll for suppliers-- 25 (i) sell or supply approved gaming machines; (ii) sell or supply restricted components; (iii) obtain or acquire approved 30 gaming machines or restricted components; (iv) a prescribed activity; 571023B.I-30/8/2011 7 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 7 (c) if the person is listed in the division of the Roll for suppliers of testing services-- (i) enter into arrangements with 5 venue operators to service, repair or maintain gaming equipment through the services of a person holding a gaming industry employee's licence; 10 (ii) enter into arrangements with gaming operators to service, repair or maintain gaming equipment through the services of persons holding a gaming industry 15 employee's licence; (iii) enter into arrangements with manufacturers or suppliers of gaming equipment or games or gaming operators to test gaming 20 equipment or games for the purposes of the issue of certificates referred to in section 3.5.4, 3.5.5 or 3.5.13; (iv) enter into arrangements with 25 persons seeking approval of gaming equipment (within the meaning of the Casino Control Act 1991) to test the equipment for the purposes of the issue of 30 certificates referred to in section 62 of that Act; (v) enter into arrangements with the holder of the wagering licence, the wagering operator, the wagering 35 and betting licensee or the holder of an on-course wagering permit to test instruments, contrivances, 571023B.I-30/8/2011 8 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 8 hardware, software or equipment referred to in section 4.2.3 for the purposes of the issue of certificates referred to in that 5 section; (vi) enter into arrangements with the monitoring licensee, the holder of a public lottery licence or the keno licensee to test instruments, 10 contrivances, hardware, software or equipment referred to in section 3.5.13, 5.2.1A or 6A.2.5 for the purposes of the issue of certificates referred to in those 15 sections; (vii) enter into arrangements with a licensed provider to test interactive gaming equipment for the purposes of the issue of 20 certificates referred to in section 7.4.4; (viii) a prescribed activity.". 8 Authority conferred by listing on the Roll (1) In section 3.4.5(a)(i) and (ii) of the Gambling 25 Regulation Act 2003, for "restricted components" substitute "restricted gaming components or restricted monitoring components". (2) In section 3.4.5(b)(ii) and (iii) of the Gambling Regulation Act 2003, for "restricted components" 30 substitute "restricted gaming components or restricted monitoring components". (3) In section 3.4.5(c)(ii) of the Gambling Regulation Act 2003, after "gaming equipment" insert "or monitoring equipment". 571023B.I-30/8/2011 9 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 9 (4) In section 3.4.5(c)(iii) of the Gambling Regulation Act 2003, for "or games" (where twice occurring) substitute ", monitoring equipment or games". 5 9 Matters to be considered in determining applications After section 3.4.11(2)(a) of the Gambling Regulation Act 2003 insert-- "(ab) the applicant is of sound and stable financial 10 background; and". 10 Register of venue operators and approved venues For section 3.4.13(2)(g) of the Gambling Regulation Act 2003 substitute-- "(g) in respect of each gaming machine 15 entitlement held by the venue operator-- (i) details that identify the gaming machine entitlement (including the identification number of the gaming machine entitlement); and 20 (ii) information as to whether the gaming machine entitlement is being used to conduct gaming on a gaming machine; and (iii) if the gaming machine entitlement is 25 being used to conduct gaming on a gaming machine, the name of the approved venue at which the gaming is being conducted.". 571023B.I-30/8/2011 10 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 11 11 New section 3.4.13A inserted After section 3.4.13 of the Gambling Regulation Act 2003 insert-- "3.4.13A Venue operator to give Commission 5 certain information about where gaming will be conducted under gaming machine entitlements A venue operator must give notice to the Commission of the following information 10 before conducting gaming under a gaming machine entitlement-- (a) the number of gaming machine entitlements under which the operator will conduct gaming on gaming 15 machines and the identification numbers of those gaming machine entitlements; (b) the name of the approved venue at which that gaming will be conducted 20 under each of those gaming machine entitlements. Penalty: 120 penalty units.". 12 Disciplinary action against venue operator In section 3.4.25(1) of the Gambling Regulation 25 Act 2003, in the definition of grounds for disciplinary action, after paragraph (a) insert-- "(ab) that the venue operator has failed to provide information that the venue operator is required by this Act to provide or has 30 provided information knowing it to be false or misleading;". 571023B.I-30/8/2011 11 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 13 13 Limitation of monitoring licensee's civil liability For section 3.4.48C(1) of the Gambling Regulation Act 2003 substitute-- "(1) Except as provided under an agreement 5 referred to in section 3.4.48 or 3.4.48A, the monitoring licensee does not incur any liability for an act or omission in the provision of monitoring services that causes a gaming machine not to operate.". 10 14 Minister may determine certain damages that must be included in related agreements (1) In section 3.4.48E(2)(a) of the Gambling Regulation Act 2003, after "specified condition" insert "or for specified acts or omissions in the 15 provision of monitoring services that cause a gaming machine not to operate". (2) In section 3.4.48E(2)(b) of the Gambling Regulation Act 2003-- (a) after "specified person" insert "or specified 20 class of person"; (b) after "specified condition" insert "or for specified acts or omissions in the provision of monitoring services that cause a gaming machine not to operate". 25 15 Arrangements with former licensee In section 3.4.59K(4) of the Gambling Regulation Act 2003, in paragraph (a) of the definition of former licensee, for "cancellation, suspension or surrender" substitute "cancellation 30 or suspension". 571023B.I-30/8/2011 12 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 16 16 Further provisions for temporary licence In section 3.4.59L(4) of the Gambling Regulation Act 2003, for "cancelled, suspended or surrendered" substitute "cancelled or 5 suspended". 17 Appointment of a monitoring services provider if monitoring licences not granted (1) In section 3.4.59LF(2) of the Gambling Regulation Act 2003, after "person" insert 10 "or persons". (2) For section 3.4.59LF(3) of the Gambling Regulation Act 2003 substitute-- "(3) On receiving a written notice under subsection (2), the Commission must, by 15 instrument, appoint a person or persons as a monitoring services provider or providers for the purposes of this section.". (3) For section 3.4.59LF(9) of the Gambling Regulation Act 2003 substitute-- 20 "(9) If the appointment of a monitoring services provider is terminated, the monitoring services provider ceases to be taken to have the functions and powers of the monitoring licensee.". 25 18 Appointment of a monitoring services provider after monitoring licence suspended or cancelled (1) In the heading to section 3.4.59LG of the Gambling Regulation Act 2003, for "suspended, cancelled or surrendered" substitute 30 "suspended or cancelled". (2) In section 3.4.59LG(1)(a) of the Gambling Regulation Act 2003, for "suspended, cancelled or surrendered" substitute "suspended or cancelled". 571023B.I-30/8/2011 13 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 19 (3) In section 3.4.59LG(2) of the Gambling Regulation Act 2003, after "person" insert "or persons". (4) For section 3.4.59LG(3) of the Gambling 5 Regulation Act 2003 substitute-- "(3) On receiving a written notice under subsection (2), the Commission must, by instrument, appoint a person or persons as a monitoring services provider or providers for 10 the purposes of this section.". (5) In section 3.4.59LG(7)(b) of the Gambling Regulation Act 2003 omit "or surrendered". (6) Section 3.4.59LG(8)(a) of the Gambling Regulation Act 2003 is repealed. 15 (7) Section 3.4.59LG(9)(a) of the Gambling Regulation Act 2003 is repealed. (8) For section 3.4.59LG(10) of the Gambling Regulation Act 2003 substitute-- "(10) In this section, monitoring licensee includes 20 the person whose monitoring licence was suspended or cancelled immediately before the appointment of a monitoring services provider or providers.". 19 The Roll 25 At the end of section 3.4.60 of the Gambling Regulation Act 2003 insert-- "(2) The Roll must be divided into the following divisions-- (a) manufacturers of gaming machines and 30 restricted components; (b) suppliers of gaming machines and restricted components; (c) suppliers of testing services.". 571023B.I-30/8/2011 14 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 20 20 Amendments relating to the Roll--Post new industry arrangements In section 3.4.60(2)(a) and (b) of the Gambling Regulation Act 2003, for "and restricted 5 components" substitute ", restricted gaming components and restricted monitoring components". 21 Application to be listed on the Roll After section 3.4.61(2)(a) of the Gambling 10 Regulation Act 2003 insert-- "(ab) specify the division of the Roll in which the applicant wishes to be listed; and". 22 Determination of applications (1) After 3.4.63(2) of the Gambling Regulation Act 15 2003 insert-- "(2A) If the Commission grants an application, the Commission must list the person in the Roll in the appropriate division.". (2) After section 3.4.63(3) of the Gambling 20 Regulation Act 2003 insert-- "(3A) In addition, in determining whether or not to grant an application, the Commission must also consider any prescribed matters.". (3) In section 3.4.63(4) of the Gambling Regulation 25 Act 2003-- (a) in paragraph (b), for "Roll." substitute "Roll; and"; (b) after paragraph (b) insert-- "(c) Part 2A.". 571023B.I-30/8/2011 15 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 23 23 Disciplinary action In section 3.4.65(1) of the Gambling Regulation Act 2003, in paragraph (b) of the definition of grounds for disciplinary action, for 5 "section 3.8.1" substitute "section 10.4A.4". 24 Gaming machine entitlements may authorise preparatory action (1) In section 3.4A.9(2) of the Gambling Regulation Act 2003, for "The" substitute "Subject to 10 subsection (2A), the". (2) After section 3.4A.9(2) of the Gambling Regulation Act 2003 insert-- "(2A) However, a venue operator cannot take the preparatory action of selling approved 15 gaming machines or gaming equipment acquired for the purpose of use in an approved venue operated by the operator unless the operator has approval of the Commission to do so.". 20 (3) In section 3.4A.9(6) of the Gambling Regulation Act 2003, in the definition of preparatory action-- (a) after paragraph (ab) insert-- "(ac) selling or disposing of approved 25 gaming machines or gaming equipment acquired for the purpose of use in an approved venue operated by the venue operator; (ad) making an application under 30 section 3.5.7B;"; (b) in paragraph (b), for "or (ab)" substitute ", (ab), (ac) or (ad)". 571023B.I-30/8/2011 16 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 25 25 New section 3.5.7A inserted After section 3.5.7 of the Gambling Regulation Act 2003 insert-- "3.5.7A Linked jackpot arrangements unlawful 5 without approval (1) A venue operator must not conduct gaming through a linked jackpot arrangement that is not approved by the Commission. Penalty: 1200 penalty units. 10 (2) A venue operator must not conduct gaming through a linked jackpot arrangement which has been varied and that variation is not approved by the Commission. Penalty: 1200 penalty units.". 15 26 New sections 3.5.7B and 3.5.7C inserted Before section 3.5.8 of the Gambling Regulation Act 2003 insert-- "3.5.7B Approval of linked jackpot arrangements (1) A venue operator may apply to the 20 Commission for the approval of-- (a) a linked jackpot arrangement through which the operator intends to conduct gaming on or at any time after the new arrangements day; or 25 (b) a variation to a linked jackpot arrangement through which the operator conducts gaming on or at any time after the new arrangements day. (2) An application under subsection (1) must-- 30 (a) be in writing; and (b) be accompanied by the prescribed fee (if any); and 571023B.I-30/8/2011 17 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 26 (c) list every venue operator which intends to conduct gaming through the linked jackpot arrangement that is-- (i) being sought to be approved; or 5 (ii) being sought to be varied. (3) The Commission may require a venue operator who makes an application under subsection (1) to provide any additional information or material that the Commission 10 considers necessary for the purposes of making its decision under this section. (4) On receiving an application under subsection (1), the Commission may approve-- (a) a linked jackpot arrangement; or 15 (b) a variation to a linked jackpot arrangement. (5) In making a decision under subsection (4), the Commission must have regard to-- (a) player return, game fairness and 20 security and responsible gambling; and (b) the certificate of a person listed on the Roll, being a person referred to in section 3.4.61(1)(c); and (c) any standards in force under 25 section 10.1.5B; and (d) any operational requirements determined by the Commission under section 10.1.5C. (6) The Commission must notify, in writing, 30 every venue operator listed in the application under subsection (1) of its approval. 571023B.I-30/8/2011 18 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 26 (7) If the Commission approves a linked jackpot arrangement or a variation to a linked jackpot arrangement before the new arrangements day, that approval cannot take 5 effect until that day. (8) An approval under this section is subject to any conditions imposed by the Commission. (9) In this section new arrangements day means the first gaming machine entitlement 10 declared day. 3.5.7C Withdrawal of approval (1) The Commission, by written notice, may withdraw the approval of a linked jackpot arrangement or a variation to a linked 15 jackpot arrangement if the Commission considers it necessary or appropriate in the public interest or for the proper conduct of gaming. (2) If approval is withdrawn under subsection 20 (1), the Commission must allow a venue operator a reasonable time within which to stop the conduct of gaming through the linked jackpot arrangement. (3) However, in the case where the Commission 25 has withdrawn an approval because it considers there is an immediate threat to the public interest, the Commission is not required to give any time within which conduct of gaming through the linked 30 jackpot arrangement must be stopped. (4) A notice under subsection (1) must-- (a) be given to every venue operator conducting gaming through the linked jackpot arrangement to which the 35 approval related; and 571023B.I-30/8/2011 19 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 27 (b) specify the day on which, or time at which, the linked jackpot arrangement must be stopped. (5) A withdrawal of an approval takes effect on 5 the day, or at the time, specified in a notice under subsection (1). (6) A day that is specified in a notice under subsection (1) may be the day of the notice in the case where the Commission has 10 withdrawn an approval because it considers there is an immediate threat to the public interest. (7) A time that is specified in a notice under subsection (1) may be a time falling on the 15 day of the notice in the case where the Commission has withdrawn an approval because it considers there is an immediate threat to the public interest.". 27 Testing of electronic monitoring system 20 After section 3.5.12(2) of the Gambling Regulation Act 2003 insert-- "(2A) The Commission, in approving an electronic monitoring system, or a variation to an electronic monitoring system under 25 section 3.5.13, may require the monitoring licensee to engage a person listed on the Roll who is accredited by the Commission to test an electronic monitoring system to-- (a) test the electronic monitoring system or 30 the variation to the electronic monitoring system; and (b) make recommendations to the Commission on aspects of the electronic monitoring system or the 35 variation to the electronic monitoring system, if the Commission requires. 571023B.I-30/8/2011 20 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 28 (2B) If the Commission requires the monitoring licensee to engage a person to test and make recommendations about an electronic monitoring system or a variation to an 5 electronic monitoring system under this section, the monitoring licensee must provide the Commission with the results of any tests conducted and the recommendations.". 10 28 Approval of electronic monitoring systems (1) After section 3.5.13(3) of the Gambling Regulation Act 2003 insert-- "(3AA) The Commission may require the monitoring licensee to provide any additional 15 information or material that the Commission considers necessary to decide whether to make an approval under subsection (3). (3AB) Additional information or material under subsection (3AA) includes the results of any 20 tests conducted, or recommendations made, by a person listed on the Roll who is accredited by the Commission to test monitoring equipment.". (2) After section 3.5.13(4) of the Gambling 25 Regulation Act 2003 insert-- "(4A) The Commission, in approving an electronic monitoring system or in approving a variation to an electronic monitoring system, may take into account additional information 30 or material provided to the Commission under subsection (3AA).". 571023B.I-30/8/2011 21 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 29 29 New section 3.5.17C inserted After section 3.5.17B of the Gambling Regulation Act 2003 insert-- "3.5.17C Offence to interfere with an electronic 5 monitoring system A person must not-- (a) be in possession of any device made or adapted, or intended by the person to be used, for improperly interfering with 10 monitoring equipment; or (b) do any act or thing calculated, or likely, to improperly interfere with monitoring equipment. Penalty: 1200 penalty units or 15 imprisonment for 2 years or both.". 30 Directions to gaming operator to provide information etc. After section 3.7.6A(3)(a) of the Gambling 20 Regulation Act 2003 insert-- "(ab) a pending applicant (within the meaning of section 3.4.41A(2)); and". 31 Directions to monitoring licensee to provide information etc. 25 After section 3.7.6B(3)(a) of the Gambling Regulation Act 2003 insert-- "(ab) a pending applicant (within the meaning of section 3.4.41A(2)); and". 571023B.I-30/8/2011 22 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 32 32 New Part 8 of Chapter 3 inserted After Part 7 of Chapter 3 of the Gambling Regulation Act 2003 insert-- "PART 8--LEGACY MONITORING SYSTEMS 5 Division 1--Preliminary 3.8.1 Definitions In this Part-- access notice means a notice under section 3.8.6(1); 10 authorised person means a person authorised under section 3.8.4; legacy monitoring system, of a gaming operator, has the meaning given by section 3.8.2; 15 legacy system owner means a person who owns or has any rights or powers in respect of, or interests in, a legacy monitoring system; monitoring services provider has the same 20 meaning as in section 3.4.38; preparatory action means preparatory action taken in accordance with section 3.4.52; served person means a person served an 25 access notice; specified monitoring system information has the meaning given by section 3.8.3. 3.8.2 Meaning of legacy monitoring system (1) For the purposes of this Part, a legacy 30 monitoring system means any monitoring equipment, and any other equipment, and related software used by a gaming operator 571023B.I-30/8/2011 23 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 32 for the purpose of monitoring the security, accounting or operation of gaming equipment. (2) Without limiting subsection (1), a legacy 5 monitoring system includes-- (a) modifications or enhancements to that system; and (b) gaming machine communication protocols; and 10 (c) any associated rights, licences and authorisations, and written technical specifications needed to operate the system. (3) Without limiting subsection (1) or (2)(a) 15 or (b), a legacy monitoring system includes a part of a thing mentioned in those subsections. (4) To avoid doubt, a legacy monitoring system or a part of a legacy monitoring system 20 referred to in this section need not be owned by the gaming operator. 3.8.3 Meaning of specified monitoring system information (1) For the purposes of this Part, specified 25 monitoring system information means information about a legacy monitoring system. (2) Without limiting subsection (1), specified monitoring system information includes-- 30 (a) information about who owns or has any rights or powers in respect of, or interests in, a legacy monitoring system; 571023B.I-30/8/2011 24 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 32 (b) information about the day to day operations of a gaming operator in monitoring the security, accounting or operation of gaming equipment, 5 including how the gaming operator carries out that monitoring and what is used to carry out that monitoring; (c) contractual arrangements, or information about other arrangements, 10 with other persons under which those persons provide goods or services to enable a gaming operator to monitor the security, accounting or operation of gaming equipment in accordance with 15 the operator's licence. 3.8.4 Authorised persons The Minister may, by instrument, for the purposes of this Part-- (a) appoint a person as an authorised 20 person; or (b) appoint a class of persons as authorised persons. Division 2--Information gathering powers 3.8.5 Minister may direct legacy monitoring 25 system owners to provide information and documents (1) The Minister may give a person who the Minister reasonably believes is a legacy monitoring system owner a written direction 30 to provide to the Minister any information or document, or any class of information or document, that-- 571023B.I-30/8/2011 25 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 32 (a) is in the possession or under the control of the person; and (b) in the opinion of the Minister-- (i) may assist in, or facilitate, the 5 carrying out of preparatory action or monitoring activities by the monitoring licensee or the provision of monitoring services by a monitoring services provider; 10 or (ii) may identify the legacy monitoring system; or (iii) may identify the owner of a part of the legacy monitoring system; 15 or (iv) may verify or confirm the accuracy of any information held by the Minister relating to the legacy monitoring system or 20 monitoring activities carried out by a gaming operator. (2) A person given a direction under subsection (1) must comply with the direction unless the person has a reasonable excuse. 25 Penalty: 100 penalty units. (3) The Minister may, subject to any conditions that the Minister thinks fit, disclose any information acquired by the Minister in response to a direction under subsection (1) 30 to any one or more of the following-- (a) the Commission; (b) the monitoring licensee; (c) a monitoring services provider; 571023B.I-30/8/2011 26 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 32 (d) another person if the Minister is of the opinion that it is in the public interest to do so. Division 3--Due diligence powers 5 3.8.6 Access notice (1) The Minister may serve on a person who the Minister reasonably believes is a legacy system owner a notice requiring the person to give the Minister, or an authorised person, 10 access to either or both of the following-- (a) a legacy monitoring system used by the gaming operator; (b) specified monitoring system information. 15 (2) The Minister may serve an access notice only if the Minister reasonably believes that it is necessary for the purpose of assisting, or facilitating-- (a) the carrying out of preparatory action or 20 monitoring activities by the monitoring licensee; or (b) the provision of monitoring services by a monitoring services provider. (3) An access notice must-- 25 (a) specify the purpose of the service of the notice; and (b) if the notice requires access to be given to an authorised person, the name of that person; and 30 (c) include a copy of this Part. 571023B.I-30/8/2011 27 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 32 3.8.7 Access powers On being served an access notice, a served person must give the Minister or an authorised person and any assistants that the 5 Minister or authorised person considers necessary, or must ensure those persons are given, free and unfettered access at all times to-- (a) business premises occupied by-- 10 (i) the served person; and (ii) if the served person is a gaming operator, every associate of that operator who is not a legacy system owner; and 15 (b) a legacy monitoring system; and (c) any other asset, equipment or software used for or in connection with the carrying out of monitoring activities under a gaming operator's licence that 20 is in the possession or control of-- (i) the served person; and (ii) if the served person is a gaming operator, every associate of that operator who is not a legacy 25 system owner; and (d) any document containing specified monitoring system information that is in the possession or control of-- (i) the served person; and 30 (ii) if the served person is a gaming operator, every associate of that operator who is not a legacy system owner. Penalty: 100 penalty units. 571023B.I-30/8/2011 28 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 32 3.8.8 What can the Minister or authorised person do after service of access notice? On serving an access notice, the Minister or an authorised person, and any assistants that 5 the Minister or authorised person considers necessary, may do any one or more of the following-- (a) bring onto the business premises any equipment that the Minister or the 10 authorised person considers necessary; (b) search the business premises or anything on the premises; (c) inspect, examine or test-- (i) a legacy monitoring system 15 mentioned in section 3.8.7(b); (ii) any other asset, equipment or software mentioned in section 3.8.7(c); (d) inspect or examine any document 20 mentioned in section 3.8.7(d); (e) make a copy of or take an extract from any document referred to in paragraph (d); (f) remove or arrange the removal of a 25 document referred to in paragraph (d) for so long as the Minister considers reasonably necessary in order to copy the document or take extracts from the document; 30 (g) make any still or moving image or audiovisual recording at the premises if the Minister or the authorised person believes, on reasonable grounds, that it is necessary to do so. 571023B.I-30/8/2011 29 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 32 3.8.9 Specified persons must give information to Minister or authorised persons (1) The Minister, by written notice, may require a specified person to-- 5 (a) attend before the Minister or an authorised person at a time and place specified by the Minister and answer any questions about-- (i) a legacy monitoring system; or 10 (ii) information that is specified monitoring system information; or (b) give the Minister, by a date specified in the notice, information specified in the notice about-- 15 (i) a legacy monitoring system; or (ii) information that is specified monitoring system information. (2) A specified person must comply with a notice under subsection (1). 20 Penalty: 100 penalty units. (3) A person must not prevent, directly or indirectly, a specified person from complying with a notice under subsection (1). 25 Penalty: 100 penalty units. (4) In this section-- specified person means-- (a) an officer of a gaming operator; (b) an associate of a gaming operator 30 who is an individual; 571023B.I-30/8/2011 30 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 32 (c) a person who the Minister has reason to believe is employed or engaged, or was employed or engaged in the 12 months 5 immediately before the commencement of section 32 of the Gambling Regulation Amendment (Licensing) Act 2011, by-- 10 (i) the gaming operator or an associate for or in connection with the carrying out of monitoring activities under the gaming operator's 15 licence; or (ii) if the legacy monitoring system used by the gaming operator is not owned by the gaming operator--the legacy 20 system owner for the purpose of enabling the gaming operator to carry out monitoring activities under the gaming operator's 25 licence. 3.8.10 Direction to provide reasonable assistance (1) The Minister or an authorised person may direct a specified person to provide assistance to the Minister or authorised 30 person to enable the Minister or authorised person to effectively exercise a power under section 3.8.8. 571023B.I-30/8/2011 31 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 32 (2) A direction under subsection (1) must be reasonable. (3) Without limiting subsection (1), the Minister or authorised person may direct the specified 5 person to do any or all of the following-- (a) to find and gain, or arrange, access to electronically stored information-- (i) about a legacy monitoring system; or 10 (ii) that is specified monitoring system information; (b) to find and gain, or arrange, access to information-- (i) about a legacy monitoring system; 15 or (ii) that is specified monitoring system information. (4) A specified person must not refuse or fail to comply with a direction under subsection (1). 20 Penalty: 100 penalty units. (5) In a prosecution for an offence against subsection (4), it is a defence if the defendant does not know how to, or is not able to, provide the assistance required under the 25 direction. (6) For the purposes of subsection (5) and without limiting that subsection, a defendant is not able to provide the assistance required under the direction if the defendant is unable 30 to do so because of his or her terms and conditions of employment or engagement. 571023B.I-30/8/2011 32 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 32 (7) A person must not prevent, directly or indirectly, a specified person from complying with a direction under subsection (1). 5 Penalty: 100 penalty units. (8) In this section-- specified person means-- (a) an officer of a gaming operator; (b) a person employed or engaged by 10 a gaming operator or an associate who is at business premises-- (i) occupied by the gaming operator or an associate; and (ii) used by the gaming operator 15 for or in connection with the carrying out of monitoring activities under the gaming operator's licence; (c) if the legacy monitoring system 20 used by the gaming operator is not owned by the gaming operator--a person employed or engaged by a gaming operator who is at business premises-- 25 (i) occupied by the legacy system owner; and (ii) used for the purpose of enabling the gaming operator to carry out monitoring 30 activities under the gaming operator's licence. 571023B.I-30/8/2011 33 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 32 3.8.11 Offences relating to obstruction of Minister or authorised persons A person must not assault, obstruct, hinder, threaten, abuse, insult or intimidate the 5 Minister or an authorised person when the Minister or authorised person is exercising or attempting to exercise a power under section 3.8.7, 3.8.8, 3.8.9 or 3.8.10. Penalty: 100 penalty units. 10 Division 4--Other matters 3.8.12 No compensation payable (1) No compensation is payable by the State in respect of anything done by a specified person under Division 2 or 3 or in 15 compliance with a direction under either of those Divisions. (2) In subsection (1)-- specified person means-- (a) the Minister; 20 (b) an authorised person; (c) a person assisting the Minister or an authorised person; (d) a person given a direction under Division 2 or 3. 25 3.8.13 Compliance with certain directions is not a breach of contract, breach of confidence or any other civil wrong A person incurs, by complying with a direction under Division 2 or 3, no liability 30 for breach of contract, breach of confidence or any other civil wrong.". 571023B.I-30/8/2011 34 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 33 33 Determination for application for registration as bookmaker's key employee After section 4.5A.5(4) of the Gambling Regulation Act 2003 insert-- 5 "(5) A function of the Commission under this section may be performed by any commissioner.". 34 Conditions of registration In section 4.5A.11(b) of the Gambling 10 Regulation Act 2003, for "are otherwise" substitute "conditions that are otherwise". 35 New sections 4.5A.14A and 4.5A.14B inserted After section 4.5A.14 of the Gambling Regulation Act 2003 insert-- 15 "4.5A.14A Suspension of a bookmaker's registration pending criminal proceedings (1) The Commission may suspend a bookmaker's registration by notice in writing given to the bookmaker if the Commission is 20 satisfied that-- (a) the bookmaker; or (b) if the bookmaker is a body corporate, an officer, director or nominee of the bookmaker-- 25 has been charged with a relevant offence. (2) The Commission may, at any time, terminate or reduce a period of suspension imposed under subsection (1). (3) In this section relevant offence means-- 30 (a) an offence against the Racing Act 1958 and regulations under that Act, or a gaming Act or gaming regulations; 571023B.I-30/8/2011 35 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 35 (b) an offence (in Victoria or elsewhere) involving fraud or dishonesty where the offence is punishable by imprisonment for 3 months or more; 5 (c) an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence, in respect of the management or operation of the bookmaker's business. 10 4.5A.14B Suspension of a bookmaker's key employee's registration pending criminal proceedings (1) The Commission may suspend a bookmaker's key employee's registration by 15 notice in writing given to the bookmaker's key employee if the Commission is satisfied that the bookmaker's key employee has been charged with a relevant offence. (2) The Commission may, at any time, terminate 20 or reduce a period of suspension imposed under subsection (1). (3) In this section relevant offence means-- (a) an offence against the Racing Act 1958 and regulations under that Act, or a 25 gaming Act or gaming regulations; (b) an offence (in Victoria or elsewhere) involving fraud or dishonesty where the offence is punishable by imprisonment for 3 months or more; 30 (c) an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence, in respect of the management or operation of the business at which the bookmaker's key 35 employee is employed.". 571023B.I-30/8/2011 36 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 36 36 Review by VCAT of registrations as bookmaker or bookmaker's key employee (1) In section 4.5A.15(h) of the Gambling Regulation Act 2003, for "employee." substitute 5 "employee;". (2) After section 4.5A.15(h) of the Gambling Regulation Act 2003 insert-- "(i) a decision to suspend the registration of a bookmaker under section 4.5A.14A; 10 (j) a decision to suspend the registration of a bookmaker's key employee under section 4.5A.14B.". 37 Supervision of public lottery draws by Commission's representative 15 At the end of section 5.2.6 of the Gambling Regulation Act 2003 insert-- "(2) Despite subsection (1), a public lottery licensee or other person may determine a public lottery by draw without the 20 supervision of a person nominated by the Commission if the draw-- (a) is determined by a random number generator; and (b) is conducted in accordance with 25 procedures approved by the Commission. (3) The Commission may approve procedures for the conduct of a public lottery to be determined by a random number generator. 30 (4) In this section, random number generator means an instrument, contrivance, hardware, software or other equipment approved by the Commission under section 5.2.1A that is 571023B.I-30/8/2011 37 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 38 designed to be used to select random numbers and-- (a) is used by a public lottery licensee to determine the results of a draw of a 5 public lottery; and (b) is not used by a public lottery licensee to draw numbered balls or other things; and (c) is not an electronic device that enables 10 a public lottery to be determined in connection with an external event.". 38 New section 5.7.17 inserted After section 5.7.16A of the Gambling Regulation Act 2003 insert-- 15 "5.7.17 Change in situation of permit holder If a change of a kind specified by the Commission in writing given to a permit holder takes place in the situation existing in relation to the permit holder, the permit 20 holder must notify the Commission in writing of the change within 14 days after it takes place. Penalty: 60 penalty units.". 39 Application for minor gaming permit 25 After section 8.3.12(2)(b) of the Gambling Regulation Act 2003 insert-- "(ba) in the case of an application for a minor gaming permit under which the organisation wishes to conduct a raffle--describe each 30 prize; and". 571023B.I-30/8/2011 38 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 40 40 Determination of application After section 8.3.13(2) of the Gambling Regulation Act 2003 insert-- "(2A) Without limiting the grounds on which the 5 Commission may refuse an application for a minor gaming permit, the Commission must refuse an application if, in the Commission's opinion, the activity the organisation wishes to conduct under the permit is offensive or 10 contrary to the public interest. (2B) To avoid doubt, the activity referred to in subsection (2A) includes making available any prize to be won.". 41 Change in situation of person or associate 15 (1) In section 8.6.3(1)(a) of the Gambling Regulation Act 2003, for "permit;" substitute "permit.". (2) In section 8.6.3(1) of the Gambling Regulation Act 2003, paragraphs (b), (c), (e) and (f) are 20 repealed. 42 Publication of Review Panel reports (1) For section 10.2A.11(2) and (3) of the Gambling Regulation Act 2003 substitute-- "(2) In the case of a report with respect to the 25 regulatory review, the Minister must-- (a) cause a copy of the report to be presented to each House of the Parliament within 7 sitting days of the House after the Minister publicly 30 announces the government's decision on the regulatory review; or (b) if the Parliament is not sitting, give a copy of the report to the clerk of each House of the Parliament, within 571023B.I-30/8/2011 39 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 42 21 days after the Minister publicly announces the government's decision on the regulatory review. (3) In the case of a report with respect to the 5 authorisation and licensing process, the Minister must-- (a) cause a copy of the report to be presented to each House of the Parliament within 7 sitting days of the 10 House after the Minister publicly announces the grant or issue of an authorisation or licence that is the subject of a report; or (b) if the Parliament is not sitting, give a 15 copy of the report to the clerk of each House of Parliament, within 21 days after the Minister publicly announces the grant or issue of an authorisation or licence that is the subject of a report. 20 (3A) In the case of any other report, the Minister must cause a copy of each report to be presented to each House of the Parliament at the time determined by the Minister.". (2) In section 10.2A.11(4) of the Gambling 25 Regulation Act 2003, for "(3)" substitute "(2)(b) or (3)(b)". (3) In section 10.2A.11(5) of the Gambling Regulation Act 2003-- (a) in paragraph (a), for "(2)" substitute 30 "(2)(a), (3)(a) or (3A)"; (b) in paragraph (b), for "(3)" substitute "(2)(b) or (3)(b)". 571023B.I-30/8/2011 40 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 43 (4) In section 10.2A.11(6) of the Gambling Regulation Act 2003, for "(1) or (2), or doing a thing under subsection (3)" substitute "(1), (2), (3) or (3A)". 5 (5) In section 10.2A.11(7) of the Gambling Regulation Act 2003, for "(3)" substitute "(2)(b) or (3)(b)". (6) Section 10.2A.11(9) of the Gambling Regulation Act 2003 is repealed. 10 43 Statute law revision (1) In section 4.3A.34F of the Gambling Regulation Act 2003, for "licence" substitute "licensee". (2) In section 4.9.1(2) of the Gambling Regulation Act 2003, in the definition of giving effect to, in 15 paragraph (a), for "arrangement," substitute "arrangement;". (3) In section 8.4.2D(1) of the Gambling Regulation Act 2003, for "Commission," substitute "Commission". 20 (4) In section 8.4.17 of the Gambling Regulation Act 2003, in the definition of grounds for disciplinary action, in paragraph (b), for "any applicable" substitute "the". Division 2--Prohibition on lobbying 25 Subdivision 1--Monitoring licence 44 Definitions In section 3.4.38 of the Gambling Regulation Act 2003 insert the following definitions-- "contact includes telephone contact, written 30 contact, face-to-face contact and email contact or contact by other electronic means; 571023B.I-30/8/2011 41 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 44 government representative means-- (a) the Premier or another Minister; (b) a Parliamentary Secretary; (c) a person employed under Part 3 of the 5 Public Administration Act 2004; (d) a ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004; (e) the Secretary; 10 (f) a person nominated and engaged by the Secretary under Part 1A of Chapter 10 for the purposes of assisting the Secretary with his or her obligations under this Division or Division 1B 15 or 1C of Part 4 of Chapter 10; interested person means-- (a) an applicant; or (b) an associate of an applicant; or (c) an officer, servant, agent or contractor 20 of-- (i) an applicant; or (ii) an associate of an applicant; or (d) the monitoring licensee; or (e) an associate of the monitoring licensee; 25 or (f) an officer, servant, agent or contractor of-- (i) the monitoring licensee; or (ii) an associate of the monitoring 30 licensee; 571023B.I-30/8/2011 42 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 45 licence awarding process means-- (a) the preparation or making of a recommendation or report under this Act in relation to an application for a 5 monitoring licence; (b) the Minister's determination whether to grant or refuse an application under section 3.4.44; (c) anything that may be or is required to 10 be done under the Act by the Minister for the purpose of making a determination under section 3.4.44; lobbying activity means-- (a) in relation to a licence awarding 15 process, contact with a government representative for the purpose of influencing a decision or thing to be done under that process; (b) in relation to a request to amend the 20 monitoring licence under section 3.4.59B, contact with a government representative for the purpose of influencing the Minister's decision whether to make an amendment to the 25 monitoring licence; lobbyist means a person or organisation-- (a) that carries out a lobbying activity for or on behalf of a third party client; or (b) whose employees or contractors carry 30 out a lobbying activity for or on behalf of a third party client.". 45 Application for monitoring licence Section 3.4.42(7) of the Gambling Regulation Act 2003 is repealed. 571023B.I-30/8/2011 43 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 46 46 Prohibition on improper interference Section 3.4.45(3) of the Gambling Regulation Act 2003 is repealed. 47 New section 3.4.45A inserted 5 After section 3.4.45 of the Gambling Regulation Act 2003 insert-- "3.4.45A Prohibition on lobbying in relation to grant of application (1) A lobbyist must not in relation to a licence 10 awarding process carry out a lobbying activity for or on behalf of an interested person. (2) The Minister may refuse to consider or to grant an application for the monitoring 15 licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to a licence awarding process, has carried out a lobbying activity.". 48 Amendment of licence 20 In section 3.4.59C(1) of the Gambling Regulation Act 2003, for "The Minister" substitute "Subject to this Division, the Minister". 49 New section 3.4.59CA inserted After section 3.4.59C of the Gambling 25 Regulation Act 2003 insert-- "3.4.59CA Prohibition on lobbying for amendment of licence (1) A lobbyist must not, in relation to a request for an amendment to the monitoring licence 30 under section 3.4.59B, carry out a lobbying activity for or on behalf of an interested person. 571023B.I-30/8/2011 44 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 50 (2) The Minister may refuse to consider a request to amend the monitoring licence if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation 5 to the request, has carried out a lobbying activity.". 50 Secretary may require further information In section 3.4.59M(4) of the Gambling Regulation Act 2003, for the definition of 10 interested person substitute-- "interested person includes a person who the Secretary considers may become an associate of an applicant for the monitoring licence.". Subdivision 2--Wagering and betting licence 15 51 New Division 1AA of Part 3A of Chapter 4 inserted Before Division 1 of Part 3A of Chapter 4 of the Gambling Regulation Act 2003 insert-- "Division 1AA--Interpretation 4.3A.1AA Definitions 20 In this Part-- applicant means an applicant for the wagering and betting licence; contact includes telephone contact, written contact, face-to-face contact and email 25 contact or contact by other electronic means; government representative means-- (a) the Premier or another Minister; (b) a Parliamentary Secretary; 30 (c) a person employed under Part 3 of the Public Administration Act 2004; 571023B.I-30/8/2011 45 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 51 (d) a ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004; (e) the Secretary; 5 (f) a person nominated and engaged by the Secretary under Part 1A of Chapter 10 for the purposes of assisting the Secretary with his or her obligations under this Part or 10 Division 1A or 1B of Part 4 of Chapter 10; interested person means-- (a) a registrant or an applicant; or (b) an associate of a registrant or an 15 applicant; or (c) an officer, servant, agent or contractor of-- (i) a registrant or an applicant; or 20 (ii) an associate of a registrant or an applicant; or (d) the wagering and betting licensee; or (e) an associate of the wagering and 25 betting licensee; or (f) an officer, servant, agent or contractor of-- (i) the wagering and betting licensee; or 30 (ii) an associate of the wagering and betting licensee; 571023B.I-30/8/2011 46 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 51 licence awarding process means-- (a) the preparation or making of a recommendation or report under this Act in relation to the 5 registration of interest or application; (b) the Minister's decision to invite one or more registrants to apply for the wagering and betting 10 licence or to not invite any of the registrants to apply for the wagering and betting licence under section 4.3A.3(7); (c) the Minister's determination 15 whether to grant or refuse an application under section 4.3A.7; (d) anything that may be or is required to be done under the Act by the Minister for the purpose of 20 making a determination under section 4.3A.7; lobbying activity means-- (a) in relation to a licence awarding process, contact with a 25 government representative for the purpose of influencing a decision or thing to be done under that process; (b) in relation to a request to amend 30 the wagering and betting licence under section 4.3A.22, contact with a government representative for the purpose of influencing the Minister's decision whether to 35 make an amendment to the wagering and betting licence; 571023B.I-30/8/2011 47 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 52 lobbyist means a person or organisation-- (a) that carries out a lobbying activity for or on behalf of a third party client; or 5 (b) whose employees or contractors carry out a lobbying activity for or on behalf of a third party client; registrant means a person who registers an interest in the grant of the wagering and 10 betting licence.". 52 Registration of interest In section 4.3A.3(8) of the Gambling Regulation Act 2003-- (a) the definition of applicant is repealed; 15 (b) the definition of interested person is repealed; (c) the definition of registrant is repealed. 53 Application for licence Section 4.3A.5(7) of the Gambling Regulation 20 Act 2003 is repealed. 54 Prohibition on improper interference Section 4.3A.7A(3) of the Gambling Regulation Act 2003 is repealed. 55 New section 4.3A.7B inserted 25 After section 4.3A.7A of the Gambling Regulation Act 2003 insert-- "4.3A.7B Prohibition on lobbying in relation to grant of application (1) A lobbyist must not, in relation to a licence 30 awarding process, carry out a lobbying activity for or on behalf of an interested person. 571023B.I-30/8/2011 48 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 56 (2) The Minister may refuse to consider a registration of interest or an application for the wagering and betting licence, or to grant an application for the wagering and betting 5 licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to a licence awarding process, has carried out a lobbying activity.". 56 Amendment of licence 10 In section 4.3A.23(1) of the Gambling Regulation Act 2003, for "The Minister" substitute "Subject to this Part, the Minister". 57 New section 4.3A.23A inserted After section 4.3A.23 of the Gambling 15 Regulation Act 2003 insert-- "4.3A.23A Prohibition on lobbying for amendment of licence (1) A lobbyist must not in relation to a request for an amendment to the wagering and 20 betting licence under section 4.3A.22 carry out a lobbying activity for or on behalf of an interested person. (2) The Minister may refuse to consider a request to amend the wagering and betting 25 licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to the request, has carried out a lobbying activity.". 571023B.I-30/8/2011 49 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 58 Subdivision 3--Public lottery licences 58 New Division 1AA of Part 3 of Chapter 5 inserted Before Division 1 of Part 3 of Chapter 5 of the Gambling Regulation Act 2003 insert-- 5 "Division 1AA--Interpretation 5.3.1AA Definitions In this Part-- applicant means an applicant for a public lottery licence; 10 contact includes telephone contact, written contact, face-to-face contact and email contact or contact by other electronic means; government representative means-- 15 (a) the Premier or another Minister; (b) a Parliamentary Secretary; (c) a person employed under Part 3 of the Public Administration Act 2004; 20 (d) a ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004; (e) the Secretary; (f) a person nominated and engaged 25 by the Secretary under Part 1A of Chapter 10 for the purposes of assisting the Secretary with his or her obligations under this Part or Division 1 of Part 4 of Chapter 10; 571023B.I-30/8/2011 50 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 58 interested person means-- (a) a registrant or an applicant; or (b) an associate of a registrant or of an applicant; or 5 (c) an officer, servant, agent or contractor of-- (i) a registrant or an applicant; or (ii) an associate of a registrant or 10 an applicant; or (d) a public lottery licensee; or (e) an associate of a public lottery licensee; or (f) an officer, servant, agent or 15 contractor of-- (i) a public lottery licensee; or (ii) an associate of a public lottery licensee; licence awarding process means-- 20 (a) the preparation or making of a recommendation or report under this Act in relation to the registration of interest or application; 25 (b) the Minister's decision to invite one or more registrants to apply for a public lottery licence or to not invite any of the registrants to apply for a public lottery licence 30 under section 5.3.2A(7); (c) the Minister's determination whether to grant or refuse an application under section 5.3.5; 571023B.I-30/8/2011 51 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 58 (d) anything that may be or is required to be done under the Act by the Minister for the purpose of making a determination under 5 section 5.3.5; lobbying activity means-- (a) in relation to a licence awarding process, contact with a government representative for the 10 purpose of influencing a decision or thing to be done under that process; (b) in relation to a request to amend a public lottery licence under 15 section 5.3.16, contact with a government representative for the purpose of influencing the Minister's decision whether to make an amendment to a public 20 lottery licence; lobbyist means a person or organisation-- (a) that carries out a lobbying activity for or on behalf of a third party client; or 25 (b) whose employees or contractors carry out a lobbying activity for or on behalf of a third party client; registrant means a person who registers an interest in the grant of a public lottery 30 licence.". 571023B.I-30/8/2011 52 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 59 59 New sections 5.3.5A and 5.3.5B inserted After section 5.3.5 of the Gambling Regulation Act 2003 insert-- "5.3.5A Prohibition on improper interference 5 (1) An interested person in relation to a registration of interest or an application for a public lottery licence must not improperly interfere with the preparation or making of a recommendation or report under this Act in 10 relation to the registration of interest or application. (2) If an interested person in relation to a registration of interest or an application for a public lottery licence improperly interferes 15 with the preparation or making of a recommendation or report under this Act in relation to the registration of interest or application, the Minister may refuse to consider, or consider further, the registration 20 of interest or application. 5.3.5B Prohibition on lobbying in relation to grant of application (1) A lobbyist must not in relation to a licence awarding process carry out a lobbying 25 activity for or on behalf of an interested person. (2) The Minister may refuse to consider a registration of interest or an application for a public lottery licence, or to grant an 30 application for a public lottery licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to a licence awarding process, has carried out a lobbying activity.". 571023B.I-30/8/2011 53 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 60 60 Amendment of licence In section 5.3.19(1) of the Gambling Regulation Act 2003, for "The Minister" substitute "Subject to this Part, the Minister". 5 61 New section 5.3.19A inserted After section 5.3.19 of the Gambling Regulation Act 2003 insert-- "5.3.19A Prohibition on lobbying for amendment of licence 10 (1) A lobbyist must not in relation to a request for an amendment to a public lottery licence under section 5.3.16 carry out a lobbying activity for or on behalf of an interested person. 15 (2) The Minister may refuse to consider a request to amend a public lottery licence, if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to the request, has carried out a lobbying 20 activity.". Subdivision 4--Keno licence 62 New Division 1AA of Part 3 of Chapter 6A inserted Before Division 1 of Part 3 of Chapter 6A of the Gambling Regulation Act 2003 insert-- 25 "Division 1AA--Interpretation 6A.3.1AA Definitions In this Part-- applicant means an applicant for the keno licence; 571023B.I-30/8/2011 54 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 62 contact includes telephone contact, written contact, face-to-face contact and email contact or contact by other electronic means; 5 government representative means-- (a) the Premier or another Minister; (b) a Parliamentary Secretary; (c) a person employed under Part 3 of the Public Administration Act 10 2004; (d) a ministerial officer employed under Division 1 of Part 6 of the Public Administration Act 2004; (e) the Secretary; 15 (f) a person nominated and engaged by the Secretary under Part 1A of Chapter 10 for the purposes of assisting the Secretary with his or her obligations under this Part or 20 Division 1A or 1B of Part 4 of Chapter 10; interested person means-- (a) a registrant or an applicant; or (b) an associate of a registrant or of 25 an applicant; or (c) an officer, servant, agent or contractor of-- (i) a registrant or an applicant; or 30 (ii) an associate of a registrant or an applicant; or (d) the keno licensee; or 571023B.I-30/8/2011 55 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 62 (e) an associate of the keno licensee; or (f) an officer, servant, agent or contractor of-- 5 (i) the keno licensee; or (ii) an associate of the keno licensee; licence awarding process means-- (a) the preparation or making of a 10 recommendation or report under this Act in relation to the registration of interest or application; (b) the Minister's decision to invite 15 one or more registrants to apply for the keno licence or to not invite any of the registrants to apply for the keno licence under section 6A.3.3(7); 20 (c) the Minister's determination whether to grant or refuse an application under section 6A.3.7; (d) anything that may be or is required to be done under the Act 25 by the Minister for the purpose of making a determination under section 6A.3.7; lobbying activity means-- (a) in relation to a licence awarding 30 process, contact with a government representative for the purpose of influencing a decision or thing to be done under that process; 571023B.I-30/8/2011 56 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 63 (b) in relation to a request to amend the keno licence under section 6A.3.22, contact with a government representative for the 5 purpose of influencing the Minister's decision whether to make an amendment to the keno licence; lobbyist means a person or organisation-- 10 (a) that carries out a lobbying activity for or on behalf of a third party client; or (b) whose employees or contractors carry out a lobbying activity for or 15 on behalf of a third party client; registrant means a person who registers an interest in the grant of the keno licence.". 63 Registration of interest 20 Section 6A.3.3(8) of the Gambling Regulation Act 2003 is repealed. 64 Application for licence Section 6A.3.5(7) of the Gambling Regulation Act 2003 is repealed. 25 65 Prohibition on improper interference Section 6A.3.7A(3) of the Gambling Regulation Act 2003 is repealed. 571023B.I-30/8/2011 57 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 66 66 New section 6A.3.7B inserted After section 6A.3.7A of the Gambling Regulation Act 2003 insert-- "6A.3.7B Prohibition on lobbying in relation to 5 grant of application (1) A lobbyist must not in relation to a licence awarding process carry out a lobbying activity for or on behalf of an interested person. 10 (2) The Minister may refuse to consider a registration of interest or an application for the keno licence, or to grant an application for the keno licence, if the Minister is satisfied that a lobbyist, for or on behalf of 15 an interested person in relation to a licence awarding process, has carried out a lobbying activity.". 67 Amendment of licence In section 6A.3.23(1) of the Gambling 20 Regulation Act 2003, for "The Minister" substitute "Subject to this Part, the Minister". 68 New section 6A.3.23A inserted After section 6A.3.23 of the Gambling Regulation Act 2003 insert-- 25 "6A.3.23A Prohibition on lobbying for amendment of licence (1) A lobbyist must not in relation to a request for an amendment to the keno licence under section 6A.3.22 carry out a lobbying activity 30 for or on behalf of an interested person. (2) The Minister may refuse to consider a request to amend the keno licence if the Minister is satisfied that a lobbyist, for or on behalf of an interested person in relation to 571023B.I-30/8/2011 58 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 2--Amendments to the Gambling Regulation Act 2003 s. 68 the request, has carried out a lobbying activity.". __________________ 571023B.I-30/8/2011 59 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 3--Amendments to the Gambling Regulation Further Amendment Act s. 69 2009 PART 3--AMENDMENTS TO THE GAMBLING REGULATION FURTHER AMENDMENT ACT 2009 69 Possession of gaming machines may be authorised See: For section 8 of the Gambling Regulation Act No. 5 58/2009 Further Amendment Act 2009 substitute-- and amending '8 Possession of gaming machines may be Act Nos 56/2010, authorised 64/2010 and 29/2011. (1) After section 3.2.2(2) of the Principal Act Statute Book: insert-- www. 10 legislation. "(2A) The Commission may authorise, in vic.gov.au writing, a person who was the holder of a gaming operator's licence or a gaming licence to-- (a) be in possession of gaming 15 equipment or monitoring equipment; or (b) sell or dispose of gaming equipment or monitoring equipment. 20 (2AB) The Commission may give an authorisation under subsection (2A) only if the gaming equipment or monitoring equipment was acquired while the person held a gaming 25 operator's licence or gaming licence.". (2) In section 3.2.2(3) of the Principal Act, for "(2) or (2B)" substitute "(2), (2A) or (2B)".'. 70 Repeal of redundant provision Section 122 of the Gambling Regulation 30 Further Amendment Act 2009 is repealed. 571023B.I-30/8/2011 60 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 3--Amendments to the Gambling Regulation Further Amendment Act s. 71 2009 71 Statute law revision In section 18 of the Gambling Regulation Further Amendment Act 2009, for "section 3.4.1(ac)" substitute "section 3.4.1(1)(ac)". __________________ 571023B.I-30/8/2011 61 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 4--Amendments to the Gambling Regulation Amendment (Licensing) s. 72 Act 2009 PART 4--AMENDMENTS TO THE GAMBLING REGULATION AMENDMENT (LICENSING) ACT 2009 72 Review of approvals See: In section 79 of the Gambling Regulation Act No. 5 29/2009. Amendment (Licensing) Act 2009, in proposed Statute Book: section 3.5.33J(1)(b) of the Gambling Regulation www. legislation. Act 2003, for "banking services" substitute vic.gov.au "cash facilities". 73 Statute law revision 10 In section 79 of the Gambling Regulation Amendment (Licensing) Act 2009, in proposed section 3.5.33M(3)(c) of the Gambling Regulation Act 2003, omit "decision to" (where first occurring). __________________ 571023B.I-30/8/2011 62 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 5--Amendment to the Liquor Control Reform Act 1998 s. 74 PART 5--AMENDMENT TO THE LIQUOR CONTROL REFORM ACT 1998 74 Betting on licensed premises After section 115(2)(b) of the Liquor Control See: Act No. 5 Reform Act 1998 insert-- 94/1998. Reprint No. 5 "(ba) if-- as at 1 April 2010 (i) a betting facility of the holder of the and amending wagering and betting licence under Act Nos Chapter 4 of the Gambling Regulation 13/2010, 18/2010, 10 Act 2003 is established in the premises; 52/2010, and 57/2010, 64/2010, (ii) the betting takes place through that 12/2011, 13/2011 and licence holder; or". 29/2011. LawToday: www. legislation. vic.gov.au __________________ 571023B.I-30/8/2011 63 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Part 6--Repeal of Amending Act s. 75 PART 6--REPEAL OF AMENDING ACT 75 Repeal of Act This Act is repealed on 1 November 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). 571023B.I-30/8/2011 64 BILL LA INTRODUCTION 30/8/2011
Gambling Regulation Amendment (Licensing) Bill 2011 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 571023B.I-30/8/2011 65 BILL LA INTRODUCTION 30/8/2011
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