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Gambling Legislation Amendment
Bill 2017
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Part 1--Preliminary
Clause 1 sets out the purpose of the Bill, which is to make miscellaneous
amendments to the Gambling Regulation Act 2003 (the GRA)
and the Victorian Commission for Gambling and Liquor
Regulation Act 2011 (the VCGLR Act).
Clause 2 provides for the commencement of the Gambling Legislation
Amendment Act 2017.
Subclause (1) provides that the Gambling Legislation
Amendment Act 2017 (other than sections 6 to 9, 11, 18 and 26)
comes into operation on the day after the day the Gambling
Legislation Amendment Act 2017 receives Royal Assent.
Subclause (2) provides sections 6 to 9, 11, 18 and 26 of
the Gambling Legislation Amendment Act 2017 come into
operation on a day or days to be proclaimed.
Subclause (3) provides that if a provision in subclause (2) does
not come into operation before 1 September 2018, it comes into
operation on that day.
581126 1 BILL LA INTRODUCTION 16/10/2017
Part 2--Amendments to the Gambling Regulation Act 2003
Clause 3 substitutes section 2.5A.4 of the GRA to create a new procedure
for the Minister to follow after making an interim ban order
under section 2.5A.2 of the GRA.
Section 2.5A.2 of the GRA enables the Minister to make an
interim ban order banning a gambling product or practice for up
to one year if the Minister considers that the product or practice
undermines or may undermine a responsible gambling objective
of the GRA.
New section 2.5A.4(1) provides that, upon making an interim
ban order, the Minister must ensure that written notice of the
order is provided to any person the Minister is aware is offering
the affected gambling product or practice in Victoria. This
includes interstate gambling providers offering gambling
products via the internet to Victorians.
New section 2.5A.4(2) provides that a person may, on receipt
of a written notice make a submission to the Minister about the
interim ban order or the relevant gambling product or practice.
Any submissions made in accordance with subclause (2) must be
considered by the Minister before making a fixed term ban order.
New section 2.5A.4(3) provides that a relevant person must be
provided with at least 90 days from the date of the notice to make
a submission. The Minister may provide a longer period for
submissions in the notice.
Clause 4 repeals sections 2.5A.5, 2.5A.6, 2.5A.7 and 2.5A.8 of the GRA
to remove the requirement for the Victorian Commission for
Gambling and Liquor Regulation (Commission) to investigate
a gambling product or practice that is subject to an interim ban
order and to report to the Minister on the results of the
investigation.
The Minister can determine, on a case by case basis, to seek
advice from the Commission or other bodies such as the
Victorian Responsible Gambling Foundation and the Responsible
Gambling Ministerial Advisory Council which have relevant
expertise.
2
Clause 5 amends section 2.5A.9 of the GRA to make amendments that
are required as a result of the removal of the requirement for the
Commission to investigate a gambling product or practice that is
subject to an interim ban order.
Subclause (1) replaces the requirement for the Minister to
consider a report relating to the Commission's investigation of
a gambling product and practice with a new requirement for the
Minister to consider any submissions made by a person who
offers or provides the affected gambling product or adopts the
gambling practice in Victoria.
Under the new section 2.5.9(1A) and (1B) the Minister must not
make a fixed term ban order without considering any submissions
made by a person who offers or provides the affected gambling
product or adopts the affected gambling practice in Victoria
unless the time period specified in section 2.5A.4(3) has expired.
New section 2.5.9(1A)(b) clarifies that the Minister is entitled
to seek the advice of any person the Minister thinks fit before
making a fixed term ban order. The Minister is not bound by
the advice or recommendations of any persons that are invited
to provide advice.
New section 2.5A.9(1B) clarifies that the Minister may make
a fixed term ban order even if the Minister has not received
any submissions within the time limit referred to in new
section 2.5A.4(3).
New section 2.5A.9(2) provides that, where the Minister is not
aware of any person offering or providing an affected gambling
product or adopting a gambling practice in Victoria at the time
of making the interim ban order, the Minister may not make a
fixed term ban order until a period of at least 90 days has expired.
This period is intended to provide sufficient time for other
persons with an interest in the affected gambling product or
practice to make a submission to the Minister.
Clause 6 amends section 3.3.9 of the GRA to clarify the Commission's
existing discretion to impose conditions on an approval of
premises as suitable for gaming.
Section 3.3.8 of the GRA provides that the Commission must
determine an application for approval of premises as suitable for
gaming by either granting or refusing to grant the application.
3
Section 3.3.9(3) of the GRA provides that the Commission may
grant an approval subject to a condition that it does not take
effect until the Commission is satisfied specified conditions are
met.
Subclause (1) makes a consequential amendment to reflect the
addition of new section 3.3.9(3)(d).
Subclause (2) provides a new power for the Commission to
impose a condition on an approval that the approval does not
take effect until the application has satisfied the Commission
that it has complied with any other conditions imposed by the
Commission, as the Commission sees fit.
This amendment clarifies the capacity for the Commission
to make approvals effective conditional on conditions being
satisfied.
Subclause (3) inserts new sections 3.3.9(5) to (9) of the GRA
which provide requirements for an approval granted subject to
a condition under section 3.3.9(3)(d).
New section 3.3.9(5) provides that if a condition is imposed
under new section 3.3.9(3)(d), the condition must be complied
with within 2 years of the approval being granted, or such other
time specified by the Commission when granting the approval.
This is subject to the new section 3.3.11A inserted by clause 7
which enables the Commission to vary the conditional approval
by extending the timeframe.
New section 3.3.9(6) provides that if a condition is imposed
under section 3.3.9(3)(d) and is not met within the timeframe
required under section 3.3.9(5), the approval is automatically
revoked.
New section 3.3.9(7) provides that if a condition is imposed
under section 3.3.9(3)(d) and before complying with the
condition the holder of the approval ceases to have an interest
in the premises or any other relevant authorisation referred to
in section 3.3.4, the holder of the approval must notify the
Commission as soon as practicable and the approval is
automatically revoked.
4
New section 3.3.9(8) empowers the Commission to, by written
notice, require the holder of a relevant approval to provide
information or documents relevant to whether the person still
has an interest in the premises or any other relevant authorisation
referred to in section 3.3.4.
New section 3.3.9(9) provides that if a requirement under
section 3.3.9(8) is not complied with, the Commission may
revoke the approval.
Clause 7 inserts a new section 3.3.11A of the GRA to enable the holder
of an approval of premises subject to a condition under
section 3.3.9(3)(d) to apply to the Commission for an extension
to the period of time in which the condition must be complied
with.
New section 3.3.11A(1) provides that the application to the
Commission must be made at least 60 days before the expiry
of the time in which to comply with the condition.
New section 3.3.11A(2) provides that the application must be
accompanied by a submission as to why the time to comply with
the condition should be extended.
New section 3.3.11A(3) provides that the Commission must,
on receiving an application under this section, grant or refuse
the application.
New section 3.3.11A(4) provides that the grant or refusal takes
effect when the notice is given or on a later date specified in
the notice.
Clause 8 amends section 3.4.20 of the GRA to clarify the conditions
that may be imposed by the Commission in relation to an
application for an amendment to a venue operator's licence
and the consequences of a failure to meet those conditions.
The Commission may amend a venue operator's licence
under section 3.4.20 of the GRA. A common amendment
sought by venue operators is for an increase in the number
of gaming machines permitted to be operated in the venue.
5
New section 3.4.20(3C) provides that an amendment to a venue
operator's licence may be granted subject to a condition that the
amendment does not take effect until the licence holder satisfies
the Commission that certain conditions have been met and the
Commission notifies the licensee that it is satisfied that the
conditions have been met.
New section 3.4.20(3D) clarifies that the conditions which
the Commission may make may relate to any matter for which
provision is made by the GRA but must not be inconsistent
with the GRA.
New section 3.4.20(3E) provides that if the Commission
grants an amendment subject to a condition or conditions and
the condition or conditions are not met, the Commission must
amend the conditions on the licence to reduce the number of
gaming machines permitted in an approved venue on the grounds
that the venue operator has failed to meet a condition on the
licence relating to the operation of additional gaming machines.
New section 3.4.20(3F) provides that an amendment under
section 3.4.20(3E) to reduce the number of permitted gaming
machines under a venue operator's licence must be to reduce
them by an amount equal to the number of additional gaming
machines relating to the condition or conditions which the
venue operator has failed to meet.
Clause 9 inserts a new section 3.4.20A of the GRA to enable a venue
operator with a venue operator's licence subject to a condition
under section 3.4.20(3C) to apply to the Commission for an
extension to the period of time in which the condition must be
complied with.
New subsection (1) provides that the application to the
Commission must be made at least 60 days before the expiry
of the time in which to comply with the condition.
New subsection (2) provides that the application must be
accompanied by a submission as to why the time to comply
with the condition should be extended.
New subsection (3) provides that the Commission must, on
receiving an application under this section, grant or refuse
the application.
New subsection (4) provides that the grant or refusal takes effect
when the notice is given or on a later date specified in the notice.
6
Clause 10 makes a technical amendment to section 3.5.4(3)(b) of
the GRA which relates to the Commission approval of new
gaming machine types and games.
Section 3.5.4 of the GRA provides the Commission with the
power to grant approvals to new gaming machine types and
games. Section 3.5.5 of the GRA provides the Commission
with the power to approve variations to existing approved
gaming machine types and games.
The Commission's power to approve variations was amended
by the Gambling Regulation Amendment (Pre-commitment)
Act 2014 to require the Commission to take into account
standards approved under section 10.1.5A of the GRA.
These standards relate to equipment and systems relating to
YourPlay, the Victorian state-wide pre-commitment system.
Section 3.5.4 of the GRA was not similarly amended by the
Gambling Regulation Amendment (Pre-commitment)
Act 2014. Although the Commission in practice considers
the standards for the purpose of approval of new games, the
amendment confirms that the Commission must have regard
to these standards in approving new gaming machine types
and games.
Clause 11 inserts a new section 3.6.1B of the GRA to provide for the
payment of unpaid jackpot amounts to the Responsible
Gambling Fund.
Regulation 41 of the Gambling Regulations 2015 provides that a
maximum per cent of the amount wagered on gaming machines
may be paid into a jackpot special prize pool. These funds are
accumulated for the purpose of funding jackpot prizes.
These amounts are player funds that should be paid to players as
gaming machine prize payments.
In certain circumstances where a venue operator permanently
ceases to conduct jackpots on gaming machines, there is no
appropriate method to ensure these funds are directed to players
as prizes.
7
The new section 3.6.1B of the GRA provides that these funds are
to be paid to the Responsible Gambling Fund. The Responsible
Gambling Fund is established under the Victorian Responsible
Gambling Foundation Act 2011 to fund the provision of
problem gambling services by the Victorian Responsible
Gambling Foundation.
New subsection (1) provides that the new provision applies if
a venue operator is in possession of these funds at the time of
the venue operator ceasing to hold a venue operator's licence,
ceasing to hold any gaming machine entitlements (which are
required to conduct gaming on gaming machines), or the venue
operator not operating jackpots for 6 months.
New subsection (2) provides that the venue operator must pay
any amount equal to the funds in the jackpot special prize pool
in the event that an event outlined in subclause (1) occurs to the
Treasurer for payment into the Responsible Gambling Fund.
New subsection (3) provides that this section applies despite
section 3.6.1 of the GRA. This subsection means that the
payment must be made to the Responsible Gambling Fund
in these limited circumstances despite the requirement under
section 3.6.1 of the GRA relating to the minimum return to
players by gaming machines.
Clause 12 amends the heading of Division 6 of Part 5 of Chapter 4 of
the GRA.
Clause 13 inserts a new section 4.5.29AA into Division 6 of Part 5 of
Chapter 4 of the GRA to define contingency relating to an event
for the purposes of the Division.
Contingency relating to an event replicates the definition of
contingency in section 4.5.29(4). The definition contained in
section 4.5.29(4) is repealed by clause 14.
Clause 14 amends section 4.5.29 to replace references to contingency
with references to contingency relating to an event and
repeals section 4.5.29(4) that defined contingency.
Section 4.5.29 relates to the Commission's existing power to
prohibit certain betting contingencies. The amendments are
not intended to affect the Commission's power to prohibit
contingencies relating to an event.
8
Clause 15 amends section 4.5.30(3B) to replace references to "contingency"
with references to "contingency relating to an event".
Clause 16 amends section 4.5.31 to replace references to "contingency"
with references to "contingency relating to an event".
Clause 17 inserts a new Part 5AA into Chapter 4 of the GRA. The new
Part allows the Minister to prohibit betting on contingencies or
impose a condition on betting on a contingency if the Minister
considers that betting on the contingency is contrary to the
public interest or that betting on the contingency other than in
accordance with the condition is contrary to public interest.
Section 4.5AA.1 defines contingency, contingency betting
condition and contingency betting prohibition for the purposes
of Part 5AA. Contingency means any contingency except a
contingency relating to an event prohibited by the Commission
under section 4.5.29 of the GRA.
New section 4.5AA.2 provides that the Minister may prohibit or
impose conditions on betting on contingencies with a wagering
service provider by instrument.
A contingency betting condition can be made if the Minister
considers that betting on the contingency, other than in
accordance with the condition, is contrary to the public interest.
A contingency betting prohibition can be made if the Minister
considers that betting on the contingency is contrary to the
public interest.
A contingency betting prohibition or contingency betting
condition can be varied or revoked by the Minister at any time.
New section 4.5AA.3 sets out the matters to consider when
making a contingency betting prohibition or contingency
betting condition.
New subsection (1) provides that the Minister may consider
responsible gambling objectives of the Act and any consumer
protection issue associated with betting on the contingency.
Responsible gambling objective has the same meaning as it has
in Part 5A of Chapter 2.
9
New subsection (2) provides that the Minister must not consider
whether the contingency betting prohibition or contingency
betting condition will affect State revenue or harm Victorian
businesses.
New section 4.5AA.4 sets out the notice and publication
requirements when the Minister makes a contingency betting
prohibition or contingency betting condition.
Notice of the making, varying or revocation of a contingency
betting prohibition or contingency betting condition must
be published in the Government Gazette and as soon as
practicable after that publication, notice of the contingency
betting prohibition or contingency betting condition must be
given to each wagering service provider likely to be affected
by the prohibition or the condition.
A contingency betting prohibition or contingency betting
condition instrument must also be laid before each House of
Parliament and a list of contingency betting prohibitions and
contingency betting conditions must be published on the
Commission's website.
New section 4.5AA.5 provides that a contingency betting
prohibition or contingency betting condition, or the variation of a
contingency betting prohibition or contingency betting condition,
takes effect on a day specified in the instrument making the
prohibition. The date of effect must be no earlier than 30 days
after notice of the contingency betting prohibition or contingency
betting condition is published in the Government Gazette.
Revocation of a contingency betting prohibition or contingency
betting condition takes effect from the day that the notice is
published in the Government Gazette.
New section 4.5AA.6 provides that the Minister may request
and consider submissions from wagering service providers
before making or varying a contingency betting prohibition
or contingency betting condition. If the Minister requests
submissions from wagering service providers, the Minister must
have regard to any submissions made within the specified time.
10
New section 4.5AA.7 provides that a contingency betting
prohibition or contingency betting condition can be
disallowed by Parliament. If a contingency betting prohibition
or contingency betting condition is disallowed, it has the same
effect as if the prohibition or condition was revoked by the
Minister.
New section 4.5AA.8 makes it an offence for a wagering service
provider to accept, offer to accept, or invite a person to place,
a bet or facilitate the placing of a bet on a prohibited betting
contingency or betting contingency subject to conditions not in
accordance with the condition.
Subsection (1) provides that a wagering service provider who
offers bets on a prohibited betting contingency commits a
criminal offence punishable by 60 penalty units.
Subsection (2) provides that a wagering service provider who
offers bets on a contingency that is subject to a condition other
than in accordance with that condition is a criminal offence
punishable by 60 penalty units.
New section 4.5AA.8(3) provides that despite certain
provisions of the Crimes Act 1958 dealing with complicity
in the commission of offences a person is not involved in a
commission of an offence against section 4.5AA.7(1) or (2) only
because a person places a bet on a prohibited contingency or
places a bet on contingency that is subject to a condition and the
bet is not offered in accordance with that condition.
Clause 18 inserts new sections 4.7.1 and 4.7.1A of the GRA to create a
new offence relating to the display of static betting advertising
and exemptions to the offence.
New section 4.7.1 of the GRA provides that a wagering service
provider, which includes Victorian and interstate bookmakers
and the wagering and betting licensee, must not display, or cause
to be displayed, any gambling advertising that is static betting
advertising on public transport infrastructure, within 150 metres
of a perimeter of a school or on roads, road infrastructure or road
reserves.
11
Gambling advertising for the purposes of the prohibition is
defined at section 4.7.1AA of the GRA to mean advertising
that gives publicity to, or otherwise promotes or is intended
to promote, participation in wagering or sports betting.
This includes, for the avoidance of doubt, advertising the
name and logo of a wagering service provider.
Subsection (2) provides definitions about what gambling
advertising is prohibited.
Static betting advertising that is prohibited includes but is not
limited to billboards, banners, signs, images, rolling displays,
digital billboards and panels including those that display video,
and moveable billboards and displays. The prohibition does not
apply to advertising that is publicly broadcast via commercial
television, radio or digital media or commercial print media.
Public transport infrastructure is defined to include a wide
range of both fixed and moving public transport infrastructure.
School is defined as having the same meaning as it has in the
Education and Training Reform Act 2006.
Public road, road infrastructure and road reserve have the same
meanings as they have in the Road Management Act 2004.
Subsection (3) provides that no compensation is payable by
the Crown in respect of any loss, damage or injury of any kind
suffered by a person, including wagering service providers and
others, as a result of the prohibition.
New section 4.7.1A of the GRA provides a number of
exemptions to the prohibition.
Paragraph (1)(a) provides that a wagering service provider does
not commit an offence if they display or cause to be displayed
the logo or name of the relevant wagering service provider on
a building occupied by the wagering service provider. This is
intended to provide that a wagering service provider may
provide signage to persons about the location of the wagering
service provider.
12
Paragraph (1)(b)(i) provides that a wagering service provider
does not commit an offence by displaying gambling advertising
that is only visible inside a shop that stocks the wagering service
provider's products or provides services on behalf of the
wagering service provider. This is intended to enable wagering
service providers to display gambling advertising, not visible
to the world-at-large where the wagering service provider has
entered into commercial arrangements with a retail provider.
Paragraph (1)(b)(ii) provides that a wagering service provider
does not commit an offence by displaying gambling advertising
inside or on any place where terrestrial wagering and betting is
permitted.
Paragraph (1)(b)(iii) provides that a wagering service provider
does not commit an offence by displaying gambling advertising
at a sporting ground.
Paragraph (1)(b)(iv) provides that a wagering service provider
does not commit an offence by displaying gambling advertising
at a race course.
Paragraph (1)(c) provides that a wagering service provider does
not commit an offence by displaying gambling advertising on a
vehicle on a public road.
Clause 19 inserts a new section 10.1.4(2)(ba) of the GRA to clarify that
the functions of the Commission include, on the request of the
Minister, advising on the making of a fixed term ban order under
section 2.5A.9 of the GRA.
Under the new procedure for making ban orders, the Commission
may be requested by the Minister to provide advice on a
gambling product or practice, but will no longer be required to
investigate and report on the product or practice and report to the
Minister.
Clause 20 amends section 10.1.29 of the GRA to resolve incorrect
references to the legislative provisions for the appointment of
staff of the Commission for the purposes of the general duty of
confidentiality. These legislative references were made obsolete
by the VCGLR Act.
13
Clause 21 amends section 10.1.30 of the GRA to insert an exception to the
general duty of confidentiality imposed by section 10.1.30(1) of
GRA.
Section 10.1.30 of the GRA requires that a regulated person
must not disclose protected information acquired by a person
in the performance of functions under a gaming Act or gaming
regulations.
Section 10.1.30(2)(a) provides an exception to the general duty
of confidentiality where a record or disclosure is made in the
performance of, or for the purpose of performing or enabling
someone else to perform a function under gaming Act or gaming
regulation or the Liquor Control Reform Act 1998 or regulation
made under that Act.
Subsection (1) amends 10.1.30(2)(a) to allow the disclosure of
information where a regulated person is performing a function
under the VCGLR Act.
Subsection (2) makes a consequential amendment for the
insertion of new section 10.1.30(2)(c).
Subsection (3) creates a new exception to the general duty
of confidentiality where the record or disclosure was made to
another regulated person for the purpose of providing advice
or assistance to a Minister in respect of their responsibilities
or functions under the gaming Act or gaming regulations, the
Liquor Control Reform Act 1998 or regulations made under
that Act or the VCGLR Act.
The new section 10.1.30(2)(b) of the GRA clarifies that
information can be shared amongst regulated persons for the
purposes of enabling regulated persons to provide advice and
assistance to a Minister in relation to the Minister's function.
The general duty of confidentiality will continue to apply to
prohibit disclosures of protected information to third parties.
Clause 22 makes a technical amendment to repeal section 10.1.32(5)
to ensure the discrepancy between section 10.1.32(5) of the
GRA and section 30(3) of the VCGLR Act is removed.
This amendment clarifies that a decision of the Commission
to authorise the disclosure of protected information or protected
information of a specified class must be carried out by the
Commission as constituted by 3 or more commissioners.
14
Clause 23 amends Schedule 7 of the GRA to provide for transitional
provisions in relation to the amendments made to the ban order
powers and the new static betting advertising prohibition.
New clause 33.1 provides that, in the event there is an existing,
current interim ban order made under section 2.5A.2 as at the day
sections 3, 4 and 5 of the Bill come into operation, the provisions
of the GRA that applied to the investigation of a gambling
product and practice before commencement of the amendments
will continue to apply. This means that the Commission
investigation and reporting process will continue to apply to any
gambling product or practice subject to an interim ban order at
the commencement of the provisions. Any gambling product or
practice banned by an interim ban order after commencement of
the provisions will be subject to the GRA as amended by the Bill.
New clause 33.2 provides that the new prohibition on static
betting advertising by wagering service providers under new
sections 4.7.1 and 4.7.1A of the GRA will not apply for a period
of 2 years after 17 September 2017 to any gambling advertising
published under a contract or agreement entered into before
17 September 2017. This is intended to ensure that existing
contracts for publication of static betting advertising have a
reasonable period of time to be concluded. A wagering service
provider will not benefit from this transitional period by entering
into a contract after 17 September 2017.
Part 3--Amendments to the Victorian Commission for
Gambling and Liquor Regulation Act 2011
Clause 24 inserts a new section 11(4) of the VCGLR Act to clarify the role
of sessional commissioners with respect to the Commission's
governance.
Under section 15A of the VCGLR Act, sessional commissioners
may be appointed for a specified period of time or to undertake
a specific matter. If appointed for a specific matter, a sessional
commissioner is only expected to perform the functions of a
commissioner in relation to that matter.
New section 11(4) of the VCGLR Act provides that for the
purposes of the Public Administration Act 2004, the
Commission is the Commission as constituted under
section 11(1), other than sessional commissioners.
This clarifies that sessional commissioners do not have a
15
governance role and do not form part of the governing body
for the purposes of the Public Administration Act 2004.
Clause 25 inserts a new section 15A(5) of the VCGLR Act to outline the
role of sessional commissioners appointed for a specified period.
Under section 15A of the VCGLR Act, sessional commissioners
may be appointed for a specified period of time or to undertake
a specific matter. If appointed for a specific matter, a sessional
commissioner is only expected to perform the functions of a
commissioner in relation to that matter.
New section 15A(5) provides that if a sessional commissioner is
appointed for specified period of time but not for the purposes
of a specific matter, the Chairperson of the Commission may
allocate the sessional commissioner to a matter as the
Chairperson sees fit and that a sessional commission may
perform the functions of a commissioner in relation to that
matter.
Clause 26 inserts a new Division 2A of Part 2 of the VCGLR Act, which
includes new sections 23A and 23B outlining the role and
appointment of a chief executive officer of the Commission.
The role of the chief executive officer is not currently recognised
in the VCGLR Act.
New section 23A of the VCGLR Act provides a legislative basis
for the role of chief executive officer.
Section 23A(1) provides that there is to be a chief executive
officer of the Commission. The chief executive officer is to be
appointed by the Commission, in consultation with the Minister.
Section 23A(2) provides that the chief executive officer is
responsible to the Commission for the day-to-day management
and administration of the affairs of the Commission.
Section 23A(3) provides that the chief executive officer must
not also be a commissioner of the Commission.
New section 23B provides for the terms of appointment of
the chief executive officer.
16
Section 23B(1) provides that the chief executive officer is
appointed subject to the terms and conditions (including
remuneration and allowances) set out in the instrument of
appointment. The instrument of appointment will be made
by the Commission.
Section 23B(2) provides that the Commission may, in
consultation with the Minister, remove the chief executive
officer from office.
Section 23B(3) provides that the chief executive officer may
resign office in writing, delivered to the Commission.
Section 23B(4) provides that the Public Administration
Act 2004 (other than Part 3 of that Act) applies to the chief
executive officer in respect of the chief executive officer's
appointment.
The Public Administration Act 2004 sets out a framework to
ensure the highest standards of good governance in the public
sector.
Part 3 of the Public Administration Act 2004 deals with public
service employment matters. The exclusion of this part means
that the chief executive officer is not a public service employee
for the purposes of the Public Administration Act 2004.
This is consistent with the application of the Public
Administration Act 2004 to other similar positions, such as
the chief executive officer of the Victorian Responsible
Gambling Foundation.
The chief executive officer is expected to be the accountable
officer for the purposes of the Financial Management Act 1994.
Clause 27 inserts a new section 25(4) of the VCGLR Act, which specifies
the number of commissioners required to consider an appeal on
certain matters specified in the GRA.
Decisions made by a single commissioner may be appealed to
the full Commission for review under the following sections:
section 3.3.17 (decisions relating to the modification of a
gaming machine area), section 3.5.33M (decisions relating to
an exemption from the automatic teller machine prohibition in
gaming venues), section 8.3.4 (decisions relating to an
application for declaration as a community or charitable
organisation), section 8.3.18 (decisions about minor gaming
17
permits), section 8.4.20 (decisions about suspending or
imposing conditions on an authority to conduct to conduct
bingo), section 8.5A.4 (decisions about a commercial raffle
organiser's licence) and 9A.1.7 (decisions about a gaming
industry employee's licence).
These sections of the GRA set out the process for the
Commission to determine appeals on these matters but are
silent on how many commissioners must hear the appeal.
New section 25(4) provides that these appeals must be heard by
3 or more commissioners, and at least one of whom must be the
Chairperson or a Deputy Chairperson.
Clause 28 amends section 26 of the VCGLR Act to provide that where
an inquiry is arranged by the Chairperson to be conducted by
the Commission consisting of 3 or more commissioners, the
Chairperson must appoint a presiding commissioner (which
may include the Chairperson).
Subclause (1) makes a consequential amendment to remove
the existing requirement that the Chairperson must be presiding
commissioner for an inquiry.
Subclause (2) provides for the Chairperson to be the presiding
commissioner, or to appoint one of the commissioners to be the
presiding commissioner for the relevant inquiries.
Clause 29 inserts a new section 30(6) of the VCGLR Act to clarify that
non-delegable functions set out in section 30(3) of the VCGLR
Act may be carried out by the Commission as constituted by
3 or more commissioners.
There are 3 non-delegable functions under section 30(3) where
the Commission is not currently defined that will be clarified
by this new section (authorisation of disclosure of protected
information under section 10.1.32(3) of the GRA, a late hour
entry declaration under section 58B of the Liquor Control
Reform Act 1998 and disciplinary action or suspension and
cancellation of a licence under Divisions 1 and 2 of Part 6 of
the Liquor Control Reform Act 1998.
Clause 30 inserts a new section 33(5) of the VCGLR Act to clarify that
an inquiry conducted for the purposes of performing a function
referred to in section 30(3)(c) of the VCGLR Act may include a
commissioner who initiated the inquiry.
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The Liquor Control Reform Act 1998 empowers the
Commission to conduct an inquiry on its own motion
(for example, under section 91 and 94 of the Liquor Control
Reform Act 1998). Section 30(3)(c) of the VCGLR Act
provides that these inquiries are non-delegable and cannot
be undertaken by a single commissioner.
Section 30(3A)(a) of the VCGLR Act provides that a single
commissioner can be delegated the power to decide whether
to conduct a relevant inquiry.
The new section provides that a single commissioner who
decides whether to conduct a relevant inquiry under delegation
may sit on the inquiry.
Part 4--Repeal of amending Act
Clause 31 provides for the automatic repeal of this amending Act on the
first anniversary of the day on which all of its provisions have
come into operation. The repeal of this Act does not affect in
any way the continuing operation of the amendments made by
this Act (see section 15(1) of the Interpretation of Legislation
Act 1984).
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