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


GAMBLING REGULATION AMENDMENT (REVIEW PANEL) BILL 2007

                 PARLIAMENT OF VICTORIA

 Gambling Regulation Amendment (Review Panel)
                   Bill 2007



                       TABLE OF PROVISIONS
Clause                                                                Page
  1    Purpose                                                           1
  2    Commencement                                                      1
  3    New Part 2A inserted in Chapter 10                                2
         PART 2A--REVIEW PANEL                                           2
         Division 1--Introduction                                        2
         10.2A.1      Definitions                                        2
         Division 2--Establishment and functions                         4
         10.2A.2      Establishment of Review Panel                      4
         10.2A.3      Functions and powers of Review Panel               4
         Division 3--Membership of Review Panel                          7
         10.2A.4      Membership of Review Panel                         7
         10.2A.5      Chairperson                                        7
         10.2A.6      Other members                                      8
         10.2A.7      Vacancies and resignation                          9
         10.2A.8      Acting chairperson                                10
         Division 4--Procedure of Review Panel                          10
         10.2A.9    Meetings                                            10
         10.2A.10 Reports                                               11
         10.2A.11 Publication of Review Panel reports                   11
         10.2A.12 Direction in response to Review Panel's reports       12
  4      Consequential amendments                                       13
  5      Repeal of Act                                                  13
                          

ENDNOTES                                                                14




561014B.I-27/2/2007                   i      BILL LA INTRODUCTION 27/2/2007

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Gambling Regulation Amendment (Review Panel) Bill 2007 A Bill for an Act to amend the Gambling Regulation Act 2003 to establish a Review Panel to report to the Minister on certain processes and for other purposes. The Parliament of Victoria enacts: 1 Purpose The purpose of this Act is to amend the Gambling Regulation Act 2003 to establish a Review Panel to report to the Minister on certain processes. 5 2 Commencement (1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed. (2) If a provision of this Act does not come into operation before 1 December 2007, it comes into 10 operation on that day. 561014B.I-27/2/2007 1 BILL LA INTRODUCTION 27/2/2007

 


 

Gambling Regulation Amendment (Review Panel) Bill 2007 s. 3 3 New Part 2A inserted in Chapter 10 See: After Part 2 of Chapter 10 of the Gambling Act No. 114/2003. Regulation Act 2003 insert-- Reprint No. 1 as at 21 July 2005 "PART 2A--REVIEW PANEL and amending 5 Act Nos Division 1--Introduction 45/2005, 92/2005, 98/2005, 10.2A.1 Definitions 7/2006, 23/2006, In this Part-- 24/2006, 32/2006, authorisation and licensing process means 54/2006, 79/2006 and the process for the authorisation or 10 80/2006. licensing of-- LawToday: www. (a) public lotteries after the expiry of legislation. vic.gov.au the current public lottery licence; and (b) other gambling activities after the 15 expiration of the current gambling licences; current gambling licences mean the current gaming operator's licence and the current wagering and gaming licences; 20 current gaming operator's licence means the gaming operator's licence that was granted on 14 April 1992; current public lottery licence means the public lottery licence that was issued on 25 1 July 2001; current wagering and gaming licences means the wagering licence and the gaming licence that were granted on 15 August 1994; 561014B.I-27/2/2007 2 BILL LA INTRODUCTION 27/2/2007

 


 

Gambling Regulation Amendment (Review Panel) Bill 2007 s. 3 key operative means-- (a) a key operative within the meaning of section 1.3(1); or (b) a licensed racing club; or 5 (c) a registered bookmaker; or (d) Racing Products; or (e) VicRacing; or (f) Racing Victoria; or (g) a person registered or licensed in 10 accordance with the rules of Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria; other gambling activities means gaming 15 machines, wagering, approved betting competitions and club keno; protected information has the meaning given in section 10.1.29; Racing Victoria has the same meaning as in 20 the Racing Act 1958; regulatory review means the review by one or more relevant entities of the regulatory structure and associated arrangements for the operation of 25 gaming machines, wagering, approved betting competitions and club keno and the funding of the racing industry that are to apply after the expiry of the current gambling licences; 30 relevant activity, in relation to the regulatory review, means an activity that-- (a) is relevant to the regulatory review; and 561014B.I-27/2/2007 3 BILL LA INTRODUCTION 27/2/2007

 


 

Gambling Regulation Amendment (Review Panel) Bill 2007 s. 3 (b) is authorised or licensed under this Act; relevant entity means-- (a) the Commission; or 5 (b) a public official (within the meaning of the Public Administration Act 2004) employed in-- (i) the Department administered 10 by the Minister; or (ii) the Department administered by the Premier; or (iii) the Department administered by the Treasurer; or 15 (c) a person engaged to provide services to an entity referred to in paragraph (a) or (b); Secretary means Secretary to the Department administered by the Minister. 20 Division 2--Establishment and functions 10.2A.2 Establishment of Review Panel A Review Panel is established. 10.2A.3 Functions and powers of Review Panel (1) The functions of the Review Panel are-- 25 (a) to consider, and report to the Minister, whether, in the preparation of recommendations or reports to the Minister by a relevant entity with respect to the regulatory review-- 30 (i) all parties interested in a relevant activity have been treated impartially and have been given 561014B.I-27/2/2007 4 BILL LA INTRODUCTION 27/2/2007

 


 

Gambling Regulation Amendment (Review Panel) Bill 2007 s. 3 the same opportunity to access information and advice in relation to the review process; and (ii) information received from parties 5 referred to in subparagraph (i) has been managed to ensure the security and confidentiality of intellectual property and proprietary information; and 10 (iii) every relevant entity involved in the regulatory review has been required to declare any actual or perceived conflict of interest before participating in the 15 regulatory review; and (iv) any conflict of interest referred to in subparagraph (iii) has been appropriately addressed; and (v) there has been any improper 20 interference with the making of a recommendation or report; and (vi) the preparation of a recommendation or report discloses bias or anything that 25 could lead to a reasonable apprehension of bias; (b) to consider, and report to the Minister, whether, in the preparation of recommendations or reports to the 30 Minister by a relevant entity with respect to the authorisation and licensing process-- (i) all registrants (if applicable) and applicants for an authorisation or a 35 licence have been treated equally and impartially and have been 561014B.I-27/2/2007 5 BILL LA INTRODUCTION 27/2/2007

 


 

Gambling Regulation Amendment (Review Panel) Bill 2007 s. 3 given the same opportunity to access information and advice about the authorisation and licensing process; and 5 (ii) all protected information has been managed to ensure its security and confidentiality; and (iii) all registrants and applicants referred to in subparagraph (i) 10 have been evaluated in a systematic manner against explicit predetermined evaluation criteria; and (iv) every relevant entity involved in 15 the authorisation and licensing process has been required to declare any actual or perceived conflict of interest before participating in the process; and 20 (v) any conflict of interest referred to in subparagraph (iv) has been appropriately addressed; and (vi) there has been any improper interference with the making of a 25 recommendation or report; and (vii) the preparation of a recommendation or report discloses bias or anything that could lead to a reasonable 30 apprehension of bias; (c) to consider, and report to the Minister on, any other matter referred to the Review Panel under subsection (2); (d) to report to the Minister on request 35 under section 10.2A.12(2). 561014B.I-27/2/2007 6 BILL LA INTRODUCTION 27/2/2007

 


 

Gambling Regulation Amendment (Review Panel) Bill 2007 s. 3 (2) On the recommendation of the Minister, the Governor in Council, by Order published in the Government Gazette, may refer any matter to the Review Panel for consideration 5 and report to the Minister. (3) The Review Panel has all the powers necessary to perform its functions. (4) Nothing in this Part requires or authorises the Review Panel to consider or report to the 10 Minister with respect to the regulatory review or the authorisation and licensing process to the extent that the review or process led to any decision publicly announced by the Minister before the 15 commencement of this Part. Division 3--Membership of Review Panel 10.2A.4 Membership of Review Panel The Review Panel consists of-- (a) a chairperson; and 20 (b) 2 or 3 other members-- appointed by the Governor in Council on the recommendation of the Minister. 10.2A.5 Chairperson (1) The Governor in Council, on the 25 recommendation of the Minister, may appoint a person as chairperson of the Review Panel. (2) A person is not eligible for appointment as chairperson unless he or she has been a judge 30 of-- (a) the High Court; or 561014B.I-27/2/2007 7 BILL LA INTRODUCTION 27/2/2007

 


 

Gambling Regulation Amendment (Review Panel) Bill 2007 s. 3 (b) the Federal Court; or (c) the Supreme Court of a State or Territory; or (d) the County Court or a court of another 5 State or Territory of equivalent status to the County Court. (3) The appointment as chairperson of a person who has been a judge of the Supreme Court or the County Court does not affect any 10 pension or other rights or privileges the person has as a former judge. (4) The appointment is on the terms and conditions, including remuneration, determined by the Governor in Council. 15 10.2A.6 Other members (1) The Governor in Council, on the recommendation of the Minister, may appoint a qualified person as a member of the Review Panel. 20 Note 2 or 3 members are to be appointed under this section--see section 10.2A.4(b). (2) A person is qualified to be appointed as a member under this section if the Minister is 25 satisfied that the person has appropriate knowledge, experience and expertise to perform a member's functions. (3) The appointment is on the terms and conditions, including remuneration, 30 determined by the Governor in Council. 561014B.I-27/2/2007 8 BILL LA INTRODUCTION 27/2/2007

 


 

Gambling Regulation Amendment (Review Panel) Bill 2007 s. 3 10.2A.7 Vacancies and resignation (1) A member's office becomes vacant if he or she-- (a) resigns by notice in writing delivered to 5 the Minister; or (b) is removed from office under subsection (2). (2) The Governor in Council, on the recommendation of the Minister, may 10 remove a member from office if the member-- (a) has refused, neglected or failed to carry out the duties of office; or (b) has demonstrated inefficiency or 15 misbehaviour in carrying out those duties; or (c) is employed, in any capacity, by a key operative; or (d) knowingly has, directly or indirectly, 20 any business or financial association with, or any business or financial interest in any matter in conjunction with, a key operative. (3) Subsection (2)(d) does not apply if the 25 member complies with subsection (4)(a) and with any direction of the Secretary under subsection (4)(b) in relation to the association or interest. (4) A member who knowingly has, directly or 30 indirectly, any business or financial association with, or any business or financial interest in any matter in conjunction with, a key operative must forthwith-- 561014B.I-27/2/2007 9 BILL LA INTRODUCTION 27/2/2007

 


 

Gambling Regulation Amendment (Review Panel) Bill 2007 s. 3 (a) notify the Secretary of the association or interest; and (b) if directed to do so by the Secretary, within a time specified by the Secretary 5 terminate the association or relinquish the interest. 10.2A.8 Acting chairperson (1) The Minister may appoint another member of the Review Panel to act as chairperson-- 10 (a) during a vacancy in the office of chairperson; or (b) if the chairperson is absent or, for any other reason, is unable to perform the duties of office. 15 (2) The acting chairperson is not required to be eligible for appointment as chairperson as set out in section 10.2A.5(2). (3) The Minister may terminate the appointment of an acting chairperson at any time. 20 (4) While acting as chairperson, the acting chairperson-- (a) has and may perform all the functions of the chairperson; and (b) is entitled to be paid the remuneration 25 to which the chairperson would have been entitled. Division 4--Procedure of Review Panel 10.2A.9 Meetings (1) The quorum for a meeting of the Review 30 Panel is a majority of members for the time being, at least one of whom must be the chairperson or acting chairperson. 561014B.I-27/2/2007 10 BILL LA INTRODUCTION 27/2/2007

 


 

Gambling Regulation Amendment (Review Panel) Bill 2007 s. 3 (2) The chairperson, or in his or her absence the acting chairperson, is to preside at a meeting of the Review Panel. (3) Subject to this section, the Review Panel 5 may regulate its own procedure. (4) The Review Panel may meet with one or more relevant entities at any time during the regulatory review or the authorisation and licensing process. 10 10.2A.10 Reports (1) The Review Panel-- (a) may at any time give a written report to the Minister on the performance of its functions; and 15 (b) must give a written report to the Minister on the performance of its functions, within the time specified by the Minister, if directed to do so by the Minister. 20 (2) The Minister must consult the Review Panel before specifying the time for a report under subsection (1)(b). (3) A report on a matter referred to the Review Panel under section 10.2A.3(2) must include 25 a copy of the Order referring the matter. 10.2A.11 Publication of Review Panel reports (1) The Minister must give a copy of each report of the Review Panel to the Secretary as soon as practicable after receiving it. 30 (2) Subject to subsection (3), the Secretary must cause a copy of each report to be published on an appropriate Internet site-- 561014B.I-27/2/2007 11 BILL LA INTRODUCTION 27/2/2007

 


 

Gambling Regulation Amendment (Review Panel) Bill 2007 s. 3 (a) in the case of a report with respect to the regulatory review, as soon as practicable after the Minister publicly announces the government's decision 5 on the regulatory review; (b) in the case of a report with respect to the authorisation and licensing process, as soon as practicable after the Minister publicly announces the grant or issue of 10 an authorisation or licence that is the subject of the report; (c) in any other case, when requested by the Minister to do so. (3) Before publishing a copy of a report under 15 subsection (2), the Secretary must exclude from the report any information that, in the opinion of the Minister, is-- (a) protected information; or (b) information that is or could be the 20 subject of legal professional privilege. 10.2A.12 Direction in response to Review Panel's reports (1) The Minister may give a written direction to a relevant entity to take all reasonable steps 25 to address any finding or implement any recommendation contained in a report of the Review Panel. (2) The Minister may request the Review Panel to report to the Minister on a relevant entity's 30 compliance with a direction under subsection (1).". 561014B.I-27/2/2007 12 BILL LA INTRODUCTION 27/2/2007

 


 

Gambling Regulation Amendment (Review Panel) Bill 2007 s. 4 4 Consequential amendments In the Gambling Regulation Act 2003-- (a) in section 1.1(3), after paragraph (j) insert-- "(k) establishes a Review Panel to report to 5 the Minister on certain processes;"; (b) in section 10.1.29, in the definition of "regulated person", in paragraph (f), for "Minister." substitute "Minister;"; (c) in section 10.1.29, in the definition of 10 "regulated person", after paragraph (f) insert-- "(g) a member of the Review Panel established by section 10.2A.2.". 5 Repeal of Act 15 This Act is repealed on 1 December 2008. 561014B.I-27/2/2007 13 BILL LA INTRODUCTION 27/2/2007

 


 

Gambling Regulation Amendment (Review Panel) Bill 2007 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561014B.I-27/2/2007 14 BILL LA INTRODUCTION 27/2/2007

 


 

 


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