Casino and Gambling Legislation Amendment Act 2021 (Vic)
Casino and Gambling Legislation Amendment Act 2021
No. 54 of 2021
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Casino Control Act 1991
3Definitions
4Meaning of associate
5Commission may require further information etc.
6Updating of application
7Duration of casino licence
8Cancellation, suspension or variation of casino licence
9New section 20A inserted
10Directions to operator
11General investigations
12Regular investigations of casino operator's suitability etc.
13New section 25A inserted
14Operator to provide information
15Failure to provide information punishable as contempt
16New section 27A inserted
17New section 28B inserted
18New Division 4 of Part 3 inserted
19Casino operator to provide information relating to licensees
20Dividing Part 5 into Divisions
21Conduct of gaming
22Credit etc.
23New section 81AAD inserted
24Approved system of controls and procedures to be implemented
25Content of approved system
26New sections 157 to 159 inserted
27Information gathering for law enforcement purposes
28New section 174 inserted
Part 3—Amendment of Casino (Management Agreement) Act 1993
29Definitions
30Agreement to prevail if inconsistent with Casino Control Act
31New sections 7A and 7B inserted
Part 4—Amendment of Gambling Regulation Act 2003
32Definitions for Division 6 of Part 1 of Chapter 10
33False or misleading information
Part 5—Amendment of Victorian Commission for Gambling and Liquor Regulation Act 2011 and consequential amendment of other Acts
Division 1—Amendment of Victorian Commission for Gambling and Liquor Regulation Act 2011
34Change of name of Act
35Purposes
36Definitions
37Change of name of Commission
38New section 51 inserted
Division 2—Consequential amendment of other Acts
39Casino Control Act 1991
40Casino (Management Agreement) Act 1993
41Gambling Regulation Act 2003
Part 6—Repeal of this Act
42Repeal of this Act
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Endnotes
1 General information
Casino and Gambling Legislation Amendment Act 2021
No. 54 of 2021
[Assented to 14 December 2021]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are to amend the Casino Control Act 1991, the Casino (Management Agreement) Act 1993, the Gambling Regulation Act 2003 and the Victorian Commission for Gambling and Liquor Regulation Act 2011—
(a)to implement recommendations of the Royal Commission into the Casino Operator and Licence; and
(b)to strengthen the oversight and regulation of casino operators; and
(c)to establish the Victorian Gambling and Casino Control Commission.
2Commencement
(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 July 2022, it comes into operation on that day.
Part 2—Amendment of Casino Control Act 1991
3Definitions
(1)In section 3(1) of the Casino Control Act 1991—
(a)insert the following definitions—
"maladministration includes conduct that—
(a)is based in whole or part on improper motives; or
(b)is unreasonable, unjust or oppressive; or
(c)is negligent;
Melbourne Casino Licence means the licence granted to the Melbourne Casino Operator on 19 November 1993;
Melbourne Casino Operator has the same meaning as in section 4 of the Casino (Management Agreement) Act 1993;
member of staff, of the special manager, means—
(a)an employee referred to in section 36K(1); or
(b)any staff referred to in section 36K(2)(a); or
(c)a person engaged under section 36K(2)(b);
report of the Royal Commission into the Casino Operator and Licence, means the Report of the Royal Commission into the Casino Operator and Licence delivered to the Governor on 15 October 2021;
Royal Commission into the Casino Operator and Licence means the inquiry conducted by the Commissioner appointed under section 5 of the Inquiries Act 2014 by the Letters Patent dated 22 February 2021 and the amendments to the Letters Patent dated 25 February 2021 and 10 June 2021, copies of which were published in the Government Gazette on those dates;
special manager means a person appointed under section 36B;".
(b)in the definition of public interest or interest of the public, after "section 74" insert "or 36G".
(2)In section 3(1) of the Casino Control Act 1991, for the definition of junket substitute—
"junket means—
(a)an arrangement whereby a person or a group of people is introduced to a casino operator by a junket organiser or promoter who receives a commission based on the turnover of play in the casino attributable to the persons introduced by the organiser or promoter or otherwise calculated by reference to such play; or
(b)an arrangement prescribed by the regulations for the purposes of this paragraph;".
4Meaning of associate
In section 4(1) of the Casino Control Act 1991, for "28 and 28A" substitute "25A, 27A, 28, 28AA, 28A and 28B and Division 4 of Part 3".
5Commission may require further information etc.
At the foot of section 11 of the Casino Control Act 1991 insert—
"Note
Section 10.5.16 of the Gambling Regulation Act 2003 creates an offence of giving information that is false or misleading in a material particular that applies to this section.".
6Updating of application
At the foot of section 12 of the Casino Control Act 1991 insert—
"Note
Section 10.5.16 of the Gambling Regulation Act 2003 creates an offence of giving information that is false or misleading in a material particular that applies to this section.".
7Duration of casino licence
Section 18(5) of the Casino Control Act 1991 is repealed.
8Cancellation, suspension or variation of casino licence
(1)Insert the following heading to section 20 of the Casino Control Act 1991—
Disciplinary action"".
(2)In section 20(1) of the Casino Control Act 1991, in the definition of disciplinary action, for "$1 000 000" substitute "$100 000 000".
(3)In section 20(1) of the Casino Control Act 1991, in the definition of grounds for disciplinary action, after paragraph (ba) insert—
"(bb)that the casino operator has failed to implement a recommendation of the Commission under section 24 or 25;".
(4)In section 20(1) of the Casino Control Act 1991, in the definition of grounds for disciplinary action, after paragraph (db) insert—
"(dc)that the Royal Commission into the Casino Operator and Licence has found that the Melbourne Casino Operator or an associate of the Melbourne Casino Operator has engaged in conduct that—
(i)is illegal; or
(ii)constitutes serious misconduct;".
(5)After section 20(10) of the Casino Control Act 1991 insert—
"(11)During the period of appointment of the special manager under Division 4 of Part 3, the Commission cannot take disciplinary action under this section consisting of the cancellation or suspension of the Melbourne Casino Licence on any ground that consists of or relies on a finding or recommendation of the Royal Commission into the Casino Operator and Licence, unless—
(a)the special manager in writing recommends that the Commission take that disciplinary action; or
(b)the disciplinary action arises from a request from the Minister following an investigation under section 24.
(12)To avoid doubt, nothing in subsection (11) prevents the Commission from taking disciplinary action other than cancellation or suspension of the Melbourne Casino Licence on any ground that consists of or relies on a finding or recommendation of the Royal Commission into the Casino Operator and Licence.
(13)Subject to subsection (11), the Commission may take disciplinary action under this section on any ground that consists of or relies on a finding of the Royal Commission into the Casino Operator and Licence without serving a notice on the Melbourne Casino Operator under subsection (2) or affording the Operator an opportunity to make submissions or be heard in relation to the matter under subsection (3) or otherwise.
(14)Subsection (13) applies despite anything in section 25(3)(b) of the Victorian Gambling and Casino Control Commission Act 2011.
(15)Despite section 40 of the Inquiries Act 2014, for the purposes of taking disciplinary action in relation to the Melbourne Casino Licence or the Melbourne Casino Operator under this section, the Commission may use—
(a)any information contained in the report of the Royal Commission into the Casino Operator and Licence; and
(b)any information that is otherwise publicly available.".
9New section 20A inserted
After section 20 of the Casino Control Act 1991 insert—
20APayment of Commission's costs of disciplinary action"
(1)If the Commission takes disciplinary action against a casino operator under section 20(4), the Commission, by written notice, may require the casino operator to pay to the Commission the amount determined by the Commission being an amount not exceeding the reasonable costs and expenses of the Commission in—
(a)investigating whether the grounds for disciplinary action are made out; and
(b)considering any submissions made by the casino operator under section 20(3); and
(c)preparing for and taking the disciplinary action.
(2)A notice under subsection (1) must set out—
(a)the amount to be paid by the casino operator; and
(b)how that amount was calculated; and
(c)when that amount must be paid to the Commission.
(3)If the casino operator does not pay the amount by the time for payment set out in the notice, the Commission, by giving written notice to the casino operator, may suspend the casino licence, without affording the casino operator a further opportunity to be heard, until the amount is paid.
(4)An amount payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the State.".
10Directions to operator
For section 23(3) of the Casino Control Act 1991 substitute—
"(3)The power conferred by this section includes a power to give any of the following directions to a casino operator—
(a)to adopt, vary, cease or refrain from any practice in respect of the conduct of casino operations;
(b)to engage at the casino operator's own cost, on the terms and conditions approved by the Commission, a person approved by the Commission to inquire into and report to the Commission on any matter relevant to the performance of the Commission's functions in relation to the casino operator or the conduct of casino operations.
(3A)On the request of a person engaged in accordance with a direction referred to in subsection (3)(b), the casino operator must give the person any information that the person reasonably requires to perform the person's functions.
Penalty:120 penalty units.
(3B)A casino operator is not excused from complying with a request for information under subsection (3A) on the ground that the information is the subject of legal professional privilege.
(3C)Information does not cease to be the subject of legal professional privilege only because it is given to a person in accordance with a request under subsection (3A).".
11General investigations
After section 24(3) of the Casino Control Act 1991 insert—
"(3A)In a report under subsection (3), the Commission may make any recommendations that the casino operator take or refrain from taking any action in relation to the matters that were the subject of the investigation within the time (if any) specified by the Commission.
(3B)The Commission must give written notice to the casino operator of any recommendations made by the Commission under this section.".
12Regular investigations of casino operator's suitability etc.
(1)In section 25(1A) of the Casino Control Act 1991, the definition of Melbourne Casino Operator is repealed.
(2)After section 25(2) of the Casino Control Act 1991 insert—
"(3)In a report under subsection (2), the Commission may make any recommendations that the casino operator take or refrain from taking any action in relation to the matters that were the subject of the investigation within the time (if any) specified by the Commission.
(4)The Commission must give written notice to the casino operator of any recommendations made by the Commission under this section.".
13New section 25A inserted
After section 25 of the Casino Control Act 1991 insert—
25AOperator's duty to co-operate"
(1)A casino operator and an associate of a casino operator has a duty to co-operate with the Commission, including a duty to—
(a)comply in a frank manner with any reasonable request made by the Commission, or any person assisting the Commission, that has been made for the purposes of performing the functions or exercising the powers of the Commission; and
(b)do everything necessary to ensure that the management and casino operations of the casino operator are conducted in a manner that is honest and fair.
(2)A casino operator or an associate of a casino operator must comply with the duty under subsection (1).
Penalty:120 penalty units.
(3)Subsection (1) does not apply to the extent that complying with the duty imposed by that subsection would place the casino operator or associate in contravention of—
(a)an enactment; or
(b)an Act or subordinate instrument of the Commonwealth.".
14Operator to provide information
(1)After section 26(1) of the Casino Control Act 1991 insert—
"(1A)A notice under subsection (1)(a) may require that the information to be provided is in the form of, or verified by, a statutory declaration or affidavit.
(1B)The Commission or an authorised person may require a person attending for examination in accordance with subsection (1)(c) to answer questions on oath or affirmation and, for that purpose, the person presiding at or conducting the examination may administer an oath or affirmation.".
(2)For section 26(2) of the Casino Control Act 1991 substitute—
"(2)A person is not excused from complying with a notice under this section on the ground that compliance might tend to incriminate the person.
(2A)If a natural person, before complying with the notice, claims in writing to the Commission that compliance might tend to incriminate the person, information provided in compliance with the notice is not admissible in evidence against the person in criminal proceedings other than—
(a)proceedings under this Act; or
(b)proceedings for an offence against section 10.5.16(1) of the Gambling Regulation Act 2003 in relation to the giving of information under this section.".
(3)At the foot of section 26 of the Casino Control Act 1991 insert—
"Note
Section 10.5.16 of the Gambling Regulation Act 2003 creates an offence of giving information that is false or misleading in a material particular that applies to this section.".
15Failure to provide information punishable as contempt
(1)Insert the following heading to section 27 of the Casino Control Act 1991—
Failure to provide information or be sworn"".
(2)For section 27(1) of the Casino Control Act 1991 substitute—
"(1)A person must not, without reasonable excuse, fail—
(a)to comply with a requirement of a notice under section 26(1); or
(b)to take an oath or make an affirmation as required under section 26(1B).
Penalty:120 penalty units.
(1A)If the Commission is satisfied that a person has, without reasonable excuse, failed to comply with a requirement of a notice under section 26(1) or to take an oath or make an affirmation as required under section 26(1B), the Commission may certify the failure to the Supreme Court.".
16New section 27A inserted
After section 27 of the Casino Control Act 1991 insert—
27AOperator must notify Commission of significant breaches"
(1)A casino operator must give the Commission written notice within the time specified in subsection (2), in the prescribed form (if any) and including the prescribed particulars (if any), if—
(a)the casino operator or an associate of the casino operator breaches or is likely to breach—
(i)this Act, the Casino (Management Agreement) Act 1993 or the Gambling Regulation Act 2003 or any regulations made under this Act or those Acts; or
(ii)the casino operator's Responsible Gambling Code of Conduct; or
(iii)the casino operator's system of internal controls and administrative and accounting procedures under section 121; or
(iv)any agreements under section 15 or 142 to which the casino operator is a party; or
(v)any other agreement between the casino operator and the State in relation to casino operations; or
(vi)any direction given to, or recommendation made to, the casino operator by the Commission or the special manager; and
(b)the breach or likely breach is significant.
Penalty:120 penalty units.
(2)Notice under subsection (1) must be given as soon as practicable, and in any case within 5 days, after the casino operator becomes aware of the breach or likely breach.
(3)In determining whether a breach or likely breach is significant, regard must be had to—
(a)the number and frequency of similar previous breaches or likely breaches; and
(b)the impact or likely impact of the breach or likely breach; and
(c)any other prescribed matters.
Note
Section 10.5.16 of the Gambling Regulation Act 2003 creates an offence of giving information that is false or misleading in a material particular that applies to this section.".
17New section 28B inserted
After section 28A of the Casino Control Act 1991 insert—
"28B Costs of investigating and monitoring associates and likely associates
(1)The Commission, by written notice, may require a person referred to in subsection (2) to pay to the Commission the amount determined by the Commission being an amount not exceeding the reasonable costs of the Commission in—
(a)investigating a major change for which approval is sought under section 28 that involves a person becoming an associate of a casino operator; or
(b)specifying a change to an associate of a casino operator under section 28AA; or
(c)conducting an investigation under section 28A, including for the purposes of—
(i)giving a notice to a casino operator under section 28A(3) or (5); and
(ii)issuing a warning to an associate under section 28A(4A)(a); and
(iii)giving a notice to an associate under section 28A(4A)(b) or 28A(4B).
(2)The person is—
(a)subject to paragraph (b), the casino operator; or
(b)the person who is, or is likely to become, an associate of the casino operator, if the Commission is satisfied that the casino operator is not responsible for the person becoming or being likely to become an associate.
(3)An amount payable under subsection (1) may be recovered in a court of competent jurisdiction as a debt due to the State.".
18New Division 4 of Part 3 inserted
After Division 3 of Part 3 of the Casino Control Act 1991 insert—
"Division 4—Special manager for Melbourne Casino Operator
36ADefinitions
In this Division—
constitution has the meaning given in section 9 of the Corporations Act;
director has the meaning given in section 9 of the Corporations Act;
officer has the meaning given in section 9 of the Corporations Act.
36BAppointment of special manager for Melbourne Casino Operator
(1)The Governor in Council, on the recommendation of the Minister, may appoint an eligible natural person as special manager for the Melbourne Casino Operator.
(2)A natural person is eligible for appointment as special manager if—
(a)in the opinion of the Minister, the person has—
(i)a minimum of 10 years' experience in, or knowledge of, commerce, law or public administration; or
(ii)relevant industry experience; and
(b)the person is not—
(i)an associate of a casino operator; or
(ii)an associate (within the meaning of the Gambling Regulation Act 2003) of a gambling industry participant (within the meaning of that Act); or
(iii)an associate (within the meaning of the Liquor Control Reform Act 1998) of a licensee (within the meaning of that Act); and
(c)the person is not disqualified from managing corporations under the Corporations Act.
(3)The instrument of appointment of a special manager must specify—
(a)the period for which the special manager is appointed; and
(b)the terms and conditions of the appointment; and
(c)the functions the special manager is to perform, including any investigations that the special manager is to carry out; and
(d)any directions or instructions to the special manager in relation to the performance of the special manager's functions; and
(e)any other matters the Governor in Council considers appropriate.
(4)The Governor in Council, on the recommendation of the Minister, may at any time, by written notice to the special manager—
(a)vary the special manager's instrument of appointment; and
(b)terminate the special manager's appointment.
(5)On the recommendation of the Minister, the Governor in Council may appoint a person to act in the office of special manager—
(a)during any vacancy in the office of special manager; or
(b)during any period when the person holding the office—
(i)is absent from duty; or
(ii)is for any other reason unable to perform the duties of the office.
Note
See also section 41AA of the Interpretation of Legislation Act 1984 regarding acting appointments.
36CFunctions of special manager
(1)The special manager has the following functions—
(a)to oversee the affairs of the Melbourne Casino Operator, including the casino operations of the Operator;
(b)to carry out any investigations specified in the instrument of appointment;
(c)to report to the Commission and the Minister on investigations carried out by the special manager and the performance of other functions by the special manager;
(d)to perform any other functions specified in the instrument of appointment.
(2)In performing functions, the special manager must comply with any directions and instructions specified in the instrument of appointment.
36DGeneral powers of special manager
(1)The special manager has all the powers necessary to perform the special manager's functions.
(2)Without limiting subsection (1), the special manager—
(a)has full and free access to all the books and records of the Melbourne Casino Operator; and
(b)may engage any person to provide advice or other services to the special manager in connection with the performance of the special manager's functions; and
(c)has all the powers, rights and privileges of a director of the Melbourne Casino Operator other than the right to vote; and
(d)without limiting paragraph (c), may attend any meeting of the Melbourne Casino Operator or the board of directors of the Operator or any committee or subcommittee of the Operator or the board; and
(e)enter into and remain in the casino operated by the Melbourne Casino Operator and any other premises occupied by the Operator in connection with casino operations for the purpose of performing functions or exercising powers under this Act.
(3)Despite subsection (2)(c), the special manager does not have any of the obligations, duties or liabilities of a director of the Melbourne Casino Operator.
36EPower to give directions to Melbourne Casino Operator
(1)Subject to this section, the special manager may give a written direction to the Melbourne Casino Operator directing the Operator—
(a)to take any action specified in the direction; or
(b)to refrain from taking any action specified in the direction.
(2)The special manager may give a direction under subsection (1) only if the special manager—
(a)suspects that there is, or has been, maladministration on the part of the Melbourne Casino Operator; or
(b)believes that the direction is in the best interests of the Melbourne Casino Operator or the casino operations of the Operator, having regard to the objectives and purpose of the appointment of the special manager; or
(c)believes that the direction is necessary to ensure compliance with any enactment that applies to the Melbourne Casino Operator or casino operations.
(3)Subject to subsection (4), the special manager must give the Melbourne Casino Operator written notice of the special manager's intention to give the Operator a direction under this section, affording the Operator an opportunity to make submissions to the special manager, within 3 days after the notice is given, in relation to the proposed direction.
(4)Subsection (3) does not apply if the special manager considers that it is not practicable to comply with that subsection because the direction is required as a matter of urgency.
(5)If subsection (3) applies and the casino operator makes any submissions within the time referred to in that subsection, the special manager must consider those submissions and decide within 3 days after they are made whether or not to give the direction.
(6)The Melbourne Casino Operator must comply with a direction given under this section.
Penalty:120 penalty units.
36FPower to require information
(1)The special manager, by written notice, may require the Melbourne Casino Operator or an officer, employee or agent of the Operator to give the special manager any information the special manager requires to perform the special manager's functions.
(2)A notice given to a natural person under subsection (1) must contain a statement—
(a)of the person's right to claim that compliance with the notice might tend to incriminate the person; and
(b)that, if the person does so claim, information provided in compliance with the notice is not admissible in evidence against the person in criminal proceedings other than those specified in subsection (6)(a) or (b).
(3)A person to whom a notice is given under subsection (1) must comply with the notice.
Penalty:120 penalty units.
Note
Section 10.5.16 of the Gambling Regulation Act 2003 creates an offence of giving information that is false or misleading in a material particular that applies to this section.
(4)A person must comply with a notice despite any duty of confidentiality and, for that purpose, any provision of another enactment or any rule of law that imposes a duty of confidentiality in relation to the disclosure of information does not apply to the giving of information to the special manager.
(5)A person is not excused from complying with a notice on the ground that compliance might tend to incriminate the person.
(6)If a natural person, before complying with the notice, claims in writing to the special manager that compliance might tend to incriminate the person, information provided in compliance with the notice is not admissible in evidence against the person in criminal proceedings other than—
(a)proceedings under this Act; or
(b)proceedings for an offence against section 10.5.16(1) of the Gambling Regulation Act 2003 in relation to the giving of information under this section.
(7)A person is not excused from complying with a notice on the ground that the information is the subject of legal professional privilege, but providing information in compliance with a notice does not constitute a waiver of any such privilege.
(8)If a person does not comply with a notice, a court of competent jurisdiction, on the application of the special manager, may order the person to comply.
36GReports of special manager
(1)During the period of a special manager's appointment, the special manager must make interim reports to the Commission and the Minister on the performance of the special manager's functions—
(a)at intervals of not more than 6 months; and
(b)at any time at the request of the Minister.
(2)At the end of the second year after the initial appointment of a special manager under section 36B, the special manager must make a final report to the Commission and the Minister on the performance of the special manager's functions.
(3)In preparing the final report, the special manager must consider—
(a)whether there is any evidence of maladministration on the part of the Melbourne Casino Operator; and
(b)whether there is any evidence of illegal or improper conduct on the part of the Melbourne Casino Operator; and
(c)whether the Melbourne Casino Operator has engaged in any conduct that may give rise to a material contravention of any law; and
(d)the conduct of casino operations by the Melbourne Casino Operator during the period of the special manager's appointment; and
(e)the progress made by the Melbourne Casino Operator in implementing any recommendations made by the Royal Commission into the Casino Operator and Licence; and
(f)any other matters specified in the special manager's instrument of appointment; and
(g)any other matters that the special manager considers relevant.
(4)The Minister or the Commission may disclose a report, or anything in it, only if the Minister or Commission considers it in the public interest to do so.
(5)The giving of a report to the Minister or Commission, or the disclosure of a report by the Minister or the Commission, does not constitute a waiver of any privilege (including legal professional privilege) attaching to any information contained in the report.
36HCommission consideration of special manager's report
(1)The Commission must consider each report of the special manager under section 36G and take whatever action the Commission considers appropriate in light of the findings and recommendations in the report.
(2)Without limiting subsection (1), within 90 days after receiving the special manager's final report under section 36G, the Commission may, in its sole discretion determine that the Commission is clearly satisfied that—
(a)the Melbourne Casino Operator is a suitable person to continue to hold the Melbourne Casino Licence; and
(b)it is in the public interest that the Melbourne Casino Licence continue in force.
(3)In exercising its discretion under subsection (2), the Commission—
(a)must have regard to—
(i)the reports of the special manager under section 36G; and
(ii)the report of the Royal Commission into the Casino Operator and Licence; and
(iii)the Bergin Report; and
(iv)any report of the Perth Casino Royal Commission; and
(b)may have regard to—
(i)any publicly available answer, information, document or other thing given or produced to the Royal Commission into the Casino Operator and Licence, the inquiry to which the Bergin Report related or the Perth Casino Royal Commission; and
(ii)the reports or findings of any relevant regulator or law enforcement agency that has investigated, or is investigating, the Melbourne Casino Operator or any associate of the Melbourne Casino Operator; and
(c)must not have regard to any other information, document or thing.
(4)Despite section 25(3)(b) of the Victorian Gambling and Casino Control Commission Act 2011, the Commission is not required to give the Melbourne Casino Operator or any other person notice or an opportunity to be heard before or in exercising its discretion under subsection (2).
(5)Despite section 40 of the Inquiries Act 2014, for the purposes of taking action under subsection (1) or exercising its discretion under subsection (2), the Commission may use—
(a)any information contained in the report of the Royal Commission into the Casino Operator and Licence; and
(b)any information that is otherwise publicly available.
(6)The validity of any action taken under subsection (1) or determination made under subsection (2) by the Commission is not affected by any invalidity in the performance or exercise of a function or power of the special manager.
(7)In this section—
Bergin Report means the Report of the Inquiry under section 143 of the Casino Control Act 1992 of New South Wales dated 1 February 2021 and tabled in the Legislative Assembly of New South Wales on 9 February 2021;
Perth Casino Royal Commission means the Royal Commission to inquire into and report on the affairs of the Crown Casino Perth and related matters established by commission dated 5 March 2021 published in the Western Australian Government Gazette on 12 March 2021;
relevant regulator or law enforcement agency means a regulator or law enforcement agency (by whatever name called) of the Commonwealth, or of a State (including this State) or Territory.
36ICancellation of Melbourne Casino Licence
(1)The Melbourne Casino Licence is cancelled, by force of this section, unless the Commission has made a determination under section 36H(2) that it is clearly satisfied as to the matters referred to in section 36H(2)(a) and (b).
(2)Cancellation of the Melbourne Casino Licence by force of this section takes effect on the day that is 180 days after the day on which the special manager's final report under section 36G is received by the Commission.
(3)Cancellation of the Melbourne Casino Licence by force of this section takes effect irrespective of whether any proceedings have been commenced challenging the validity or lawfulness of, or otherwise seeking review of, a determination made under section 36H(2) or a failure to make such a determination or anything else done or omitted to be done by or on behalf of the Commission or the special manager under this Division.
(4)To avoid doubt, section 22 applies in relation to the cancellation of the Melbourne Casino Licence by force of this section.
36JRelationship with section 25 investigations
(1)If the Commission makes a determination under section 36H(2), the exercise of the Commission's discretion to make the determination is taken to be an investigation by the Commission under section 25.
(2)If the Melbourne Casino Licence is not cancelled by force of section 36I, the next investigation in relation to the Melbourne Casino Operator under section 25 is not to be undertaken until at least 3 years after the making of the determination under section 36H(2).
36KStaffing, contractors and delegation
(1)There may be employed under Part 3 of the Public Administration Act 2004 any employees who are necessary for the purposes of the special manager.
(2)The special manager may—
(a)enter into agreements or arrangements for the use of the services of any staff of a Department, statutory authority or other public body; and
(b)engage persons with suitable qualifications and experience as consultants.
(3)The special manager, by instrument, may delegate to a member of staff of the special manager any function or power of special manager other than—
(a)this power of delegation; or
(b)the power to give a direction under section 36E; or
(c)the power to require information under section 36F; or
(d)the power to make an interim or final report under section 36G.
36LImmunity for special manager and delegates
(1)The special manager or a delegate of the special manager is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—
(a)in the performance of a function or the exercise of a power of the special manager under this Act; or
(b)in the reasonable belief that the act or omission was in the course of the performance of a function or the exercise of a power of the special manager under this Act.
(2)Any liability resulting from an act or omission that, but for subsection (1), would attach to the special manager or delegate attaches instead to the State.
36MSpecial manager or delegate not an associate of Melbourne Casino Operator
Despite anything in this Division or section 4, the special manager or a delegate of the special manager is not an associate of the Melbourne Casino Operator.
36NMelbourne Casino Operator to pay costs and expenses related to special manager
(1)The Commission, by written notice at the times specified in subsection (2), may require the Melbourne Casino Operator to pay to the Commission the amount determined by the Commission being an amount not exceeding the reasonable costs and expenses related to—
(a)the appointment of the special manager; and
(b)the performance of the special manager's functions under this Act; and
(c)the performance of the Commission's functions under this Division.
(2)The Commission may give a notice under subsection (1) to the Melbourne Casino Operator—
(a)at intervals of no longer than 6 months during the special manager's period of appointment; and
(b)following the expiry of the special manager's period of appointment.
(3)A notice under subsection (1) must set out—
(a)the amount to be paid by the Melbourne Casino Operator in respect of the period to which the notice relates; and
(b)how that amount was calculated; and
(c)when that amount must be paid to the Commission.
(4)Without limiting subsection (1), the reasonable costs and expenses referred to in that subsection include—
(a)the remuneration and allowances of the special manager; and
(b)the salary or remuneration costs associated with members of staff of the special manager; and
(c)the special manager's accommodation and other operating expenses; and
(d)costs associated with staff of the Commission and any consultants engaged by the Commission in relation to the special manager and the functions of the Commission under this Division; and
(e)costs and expenses incurred by the Department of Justice and Community Safety before the commencement of this Division in relation to the appointment of the special manager.
(5)An amount payable under this section may be recovered in a court of competent jurisdiction as a debt due to the State.
36OObstruction or interference with special manager or delegates
A person must not—
(a)obstruct the special manager or a delegate of the special manager in the performance of the special manager's functions under this Act; or
(b)interfere with the performance of those functions.
Penalty:120 penalty units.
36PCriminal liability of officers of Melbourne Casino Operator—accessorial liability
(1)If the Melbourne Casino Operator commits an offence against section 36E(6) or 36O, an officer of the Operator also commits an offence against the provision if the officer—
(a)authorised or permitted the commission of the offence by the Operator; or
(b)was knowingly concerned in any way (whether by act or omission) in the commission of the offence by the Operator.
(2)Without limiting any other defence available to the officer, an officer may rely on a defence that would be available to the Melbourne Casino Operator if it were charged with the offence with which the officer is charged and, in doing so, the officer bears the same burden of proof that the Operator would bear.
(3)An officer may commit an offence against section 36E(6) or 36O whether or not the Melbourne Casino Operator has been prosecuted for, or found guilty of, an offence against that provision.
(4)This section does not affect the operation of Subdivision (1) of Division 1 of Part II of the Crimes Act 1958.
36QProcedural fairness
Other than as expressly provided for in this Division, the special manager is not required to give the Melbourne Casino Operator or any other person notice or an opportunity to be heard before performing or exercising, or in relation to the performance or exercise of, any function or power of the special manager under this Act.
36RThis Division to prevail
(1)The provisions of this Division apply despite anything to the contrary in—
(a)this Act, the Casino (Management Agreement) Act 1993 and any regulations made under this Act or that Act; and
(b)the constitution of the Melbourne Casino Operator.
(2)The provisions of this Division are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to the Corporations legislation.
Note
Section 5G of the Corporations Act provides that if a State law declares a provision of State law to be a Corporations legislation displacement provision for the purposes of that section, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not operate to the extent necessary to avoid the inconsistency.".
19Casino operator to provide information relating to licensees
At the foot of section 56(2) of the Casino Control Act 1991 insert—
"Note
Section 10.5.16 of the Gambling Regulation Act 2003 creates an offence of giving information that is false or misleading in a material particular that applies to subsection (2).".
20Dividing Part 5 into Divisions
In the Casino Control Act 1991—
(a)after the heading to Part 5 insert—
"Division 1—Approval of premises and games";
(b)after section 62 insert—
"Division 2—Gaming machines";
(c)after section 62B insert—
"Division 3—Conduct of gaming and entry to casino";
(d)after section 71 insert—
"Division 4—Exclusion orders";
(e)after section 78B insert—
"Division 5—General".
21Conduct of gaming
In section 64(3) of the Casino Control Act 1991, in the definition of commission based player—
(a)omit "or a junket" (where first occurring);
(b)omit "or a junket player (as the case may be)".
22Credit etc.
For section 68(8) of the Casino Control Act 1991 substitute—
"(8)Despite subsection (2), a casino operator may provide chips on credit to a person who is not ordinarily resident in Australia for use while participating in a premium player arrangement with the casino operator if the casino operator and the person satisfy the requirements of any relevant controls and procedures approved by the Commission under section 121 in respect of a premium player.".
23New section 81AAD inserted
After section 81AAC of the Casino Control Act 1991 insert—
81AADJunkets prohibited"
A casino operator must not—
(a)allow a junket to operate at the casino; or
(b)otherwise make any arrangement in the nature of a junket with a junket organiser or promoter.
Penalty:120 penalty units.".
24Approved system of controls and procedures to be implemented
In the penalty at the foot of section 121(4) of the Casino Control Act 1991, for "50" substitute "240".
25Content of approved system
In section 122(1)(w) of the Casino Control Act 1991 omit "junkets or".
26New sections 157 to 159 inserted
After section 156 of the Casino Control Act 1991 insert—
"157 No liability for implementing Royal Commission recommendations
(1)On and after the commencement of this section, the State or a Minister has, and can have, no liability to any person, whether under clause 4 or 24A of the Agreement or otherwise, that is or would be in respect of any cost, loss or damage incurred directly or indirectly as a result of, or arising out of—
(a)the implementation or purported implementation of any recommendation made in the report of the Royal Commission into the Casino Operator and Licence; or
(b)the preparation and introduction into Parliament of the Bill for the Casino and Gambling Legislation Amendment Act 2021.
(2)Any liability of the State or a Minister of the type described in subsection (1) that may have arisen before the commencement of this section is extinguished.
158Certain actions not open to challenge
(1)This section applies to—
(a)any decision or purported decision made or purportedly made by or on behalf of the State or a Minister in, or in relation to—
(i)the implementation or purported implementation of any recommendation made in the report of the Royal Commission into the Casino Operator and Licence; or
(ii)the preparation and introduction into Parliament of the Bill for the Casino and Gambling Legislation Amendment Act 2021; or
(b)the making or purported making of, or the failure to make, a determination by the Commission under section 36H(2).
(2)A decision, purported decision, determination, purported determination or failure to which this section applies is not liable to be challenged, appealed against, reviewed, quashed or called in question in any court or tribunal on any account or before any person acting judicially within the meaning of the Evidence (Miscellaneous Provisions) Act 1958.
(3)Without limiting subsection (2), no proceedings—
(a)seeking the grant of any relief or remedy in the nature of certiorari, prohibition, mandamus or quo warranto, or the grant of a declaration or an injunction; or
(b)seeking any order under the Administrative Law Act 1978—
may be brought against the State, a Minister or the Commission in respect of a decision, purported decision, determination, purported determination or failure to which this section applies.
(4)Subsection (2) or (3) does not apply to a matter or thing to the extent (if any) that is necessary to avoid that subsection or any part of it—
(a)applying to the matter or thing inconsistently with a law of the Commonwealth; or
(b)not being valid for any other reason.
(5)If, despite subsection (4), any part of subsection (2) or (3) is not valid for any reason, the rest of subsections (2) and (3) is to be regarded as divisible from, and capable of operating independently of the part that is not valid.
159Supreme Court—limitation of jurisdiction
It is the intention of section 158 to alter or vary section 85 of the Constitution Act 1975.".
27Information gathering for law enforcement purposes
(1)In section 166 of the Casino Control Act 1991—
(a)in subsection (1), for "may direct a casino operator in writing" substitute ", by notice in writing, may require a casino operator";
(b)in subsection (2), for "Such direction" substitute "A requirement under this section";
(c)in subsection (3), for "The direction" substitute "A notice under this section".
(2)For section 166(4) of the Casino Control Act 1991 substitute—
"(4)It is a condition of a casino licence that the casino operator must comply with the requirements of a notice under this section.
Note
Section 10.5.16 of the Gambling Regulation Act 2003 creates an offence of giving information that is false or misleading in a material particular that applies to this section.".
28New section 174 inserted
After section 173 of the Casino Control Act 1991 insert—
174Transitional provision—Casino and Gambling Legislation Amendment Act 2021"
The amendment to the definition of disciplinary action in section 20(1) by section 8(2) of the Casino and Gambling Legislation Amendment Act 2021 applies in relation to disciplinary action taken on or after the commencement of that amendment, whether the grounds for taking that disciplinary action arose before, on or after that commencement.".
Part 3—Amendment of Casino (Management Agreement) Act 1993
29Definitions
In section 4 of the Casino (Management Agreement) Act 1993, in the definition of the Agreement, after "tenth Deed of Variation" insert "and as varied by section 7A".
30Agreement to prevail if inconsistent with Casino Control Act
After section 7(2) of the Casino (Management Agreement) Act 1993 insert—
"(3)Nothing in this section applies in relation to Division 4 of Part 3 of the Principal Act.
Note
Section 36R(1) of the Principal Act provides that Division 4 of Part 3 of that Act applies despite anything to the contrary in this Act.".
31New sections 7A and 7B inserted
After section 7 of the Casino (Management Agreement) Act 1993 insert—
7AVariation of Agreement"
Despite anything to the contrary in this Act or the Agreement—
(a)the Agreement is taken to have been varied on 15 October 2021 by deleting Part 5A and Annexure 1, as inserted by the tenth Deed of Variation and ratified by section 6J; and
(b)Part 5A of and Annexure 1 to the Agreement, as they take effect under section 6J, are taken to have been repealed on 15 October 2021.
7BNo liability
(1)On and after the commencement of this section, the State has, and can have, no liability to any person, whether under clause 4 or 24A of the Agreement or otherwise, that is or would be in respect of any cost, loss or damage incurred directly or indirectly as a result of, or arising out of—
(a)the enactment of the Casino and Gambling Legislation Amendment Act 2021; or
(b)the variation of the Agreement and the repeal of Part 5A and Annexure 1 by section 7A; or
(c)the appointment of a special manager and the cancellation of the Melbourne Casino Licence under the Casino Control Act 1991.
(2)For the purpose of clause 25 of the Agreement or any other purpose, any liability of the State that may have arisen under Part 5A of the Agreement on or after 15 October 2021 and before the commencement of this section is extinguished.
(3)In this section—
State includes—
(a)State within the meaning of section 38 of the Interpretation of Legislation Act 1984; and
(b)a Minister; and
(c)the Commission; and
(d)a public sector employee within the meaning of the Public Administration Act 2004; and
(e)an agent, representative, advisor, consultant or contractor of a person referred to in paragraph (a), (b), (c) or (d).
Note
Section 38 of the Interpretation of Legislation Act 1984 defines State as the State of Victoria.".
Part 4—Amendment of Gambling Regulation Act 2003
32Definitions for Division 6 of Part 1 of Chapter 10
In section 10.1.29(1) of the Gambling Regulation Act 2003, in the definition of regulated person, after paragraph (c) insert—
"(ca)a special manager appointed under section 36B of the Casino Control Act 1991;
(cb)a member of staff (within the meaning of the Casino Control Act 1991) of a special manager appointed under section 36B of that Act;".
33False or misleading information
In section 10.5.16(1) of the Gambling Regulation Act 2003—
(a)in paragraph (d), for "authorised to provide—" substitute "authorised to provide; or";
(b)after paragraph (d) insert—
"(e)in a notice given under section 27A of the Casino Control Act 1991—".
Part 5—Amendment of Victorian Commission for Gambling and Liquor Regulation Act 2011 and consequential amendment of other Acts
Division 1—Amendment of Victorian Commission for Gambling and Liquor Regulation Act 2011
34Change of name of Act
In the title of the Victorian Commission for Gambling and Liquor Regulation Act 2011, for "Commission for Gambling and Liquor Regulation" substitute "Gambling and Casino Control Commission".
35Purposes
In section 1(a) and (b) of the Victorian Commission for Gambling and Liquor Regulation Act 2011, for "Commission for Gambling and Liquor Regulation" substitute "Gambling and Casino Control Commission".
36Definitions
In section 3 of the Victorian Commission for Gambling and Liquor Regulation Act 2011, in the definition of Commission, for "Commission for Gambling and Liquor Regulation" substitute "Gambling and Casino Control Commission".
37Change of name of Commission
(1)In the heading to Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011, for "Commission for Gambling and Liquor Regulation" substitute "Gambling and Casino Control Commission".
(2)In section 6(1) of the Victorian Commission for Gambling and Liquor Regulation Act 2011, for "Commission for Gambling and Liquor Regulation" substitute "Gambling and Casino Control Commission".
(3)After section 6(2) of the Victorian Commission for Gambling and Liquor Regulation Act 2011 insert—
"(3)Despite the change in the name of the Commission made by section 37(2) of the Casino and Gambling Legislation Amendment Act 2021, the Commission continues to be the same body after as before that change and that change does not affect any act, matter or thing.".
38New section 51 inserted
After section 50 of the Victorian Commission for Gambling and Liquor Regulation Act 2011 insert—
51Saving provision concerning change of Act and Commission name"
Unless the contrary intention appears—
(a)any reference to the Victorian Commission for Gambling and Liquor Regulation Act 2011 in any enactment, agreement or other document as far as it relates to any period after the commencement of Part 5 of the Casino and Gambling Legislation Amendment Act 2021 is to be treated as a reference to the Victorian Gambling and Casino Control Commission Act 2011; and
(b)any reference to the Victorian Commission for Gambling and Liquor Regulation in any enactment, agreement or other document as far as it relates to any period after the commencement of Part 5 of the Casino and Gambling Legislation Amendment Act 2021 is to be treated as a reference to the Victorian Gambling and Casino Control Commission.".
Division 2—Consequential amendment of other Acts
39Casino Control Act 1991
In section 3(1) of the Casino Control Act 1991, for the definition of Commission substitute—
"Commission means Victorian Gambling and Casino Control Commission established under Part 2 of the Victorian Gambling and Casino Control Commission Act 2011;".
40Casino (Management Agreement) Act 1993
In the Casino (Management Agreement) Act 1993—
(a)in section 4, for the definition of Commission substitute—
"Commission means Victorian Gambling and Casino Control Commission established under Part 2 of the Victorian Gambling and Casino Control Commission Act 2011;";
(b)in the heading to section 8, for "Victorian Commission for Gambling and Liquor Regulation" substitute "Commission".
41Gambling Regulation Act 2003
In the Gambling Regulation Act 2003—
(a)in section 1.1(3)(j), for "Commission for Gambling and Liquor Regulation" substitute "Gambling and Casino Control Commission";
(b)in section 1.3(1), for the definition of Commission substitute—
"Commission means Victorian Gambling and Casino Control Commission established under Part 2 of the Victorian Gambling and Casino Control Commission Act 2011;";
(c)in section 1.3(1), in the definitions of inquiry and inspector, for "Victorian Commission for Gambling and Liquor Regulation Act 2011" substitute "Victorian Gambling and Casino Control Commission Act 2011";
(d)in sections 1.3(3), 4.5.25(3) and 4.5.27(4), for "Victorian Commission for Gambling and Liquor Regulation Act 2011" substitute "Victorian Gambling and Casino Control Commission Act 2011";
(e)in section 10.1.29(1), in the definition of regulated person, in paragraphs (b) and (c), for "Victorian Commission for Gambling and Liquor Regulation Act 2011" substitute "Victorian Gambling and Casino Control Commission Act 2011";
(f)in section 10.1.30(2)(a)(iii) and (c)(iii), for "Victorian Commission for Gambling and Liquor Regulation Act 2011" substitute "Victorian Gambling and Casino Control Commission Act 2011";
(g)in clauses (2)(a) and (7) of Schedule 2, for "Commission for Gambling and Liquor Regulation" substitute "Gambling and Casino Control Commission".
Part 6—Repeal of this Act
42Repeal of this Act
This Act is repealed on 1 July 2023.
Note
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).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 27 October 2021
Legislative Council: 19 November 2021
The long title for the Bill for this Act was "A Bill for an Act to amend Victorian casino and gambling legislation to implement recommendations of the Royal Commission into the Casino Operator and Licence, strengthen the oversight and regulation of casino operators and establish the Victorian Gambling and Casino Control Commission and for other purposes."
Constitution Act 1975:
Section 85(5) statement:
Legislative Assembly: 27 October 2021
Legislative Council: 19 November 2021
Absolute majorities:
Legislative Assembly: 18 November 2021
Legislative Council: 2 December 2021
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